HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 12112014 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
December 11, 2014
11:00 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Mary N. Piepho, Chair
Supervisor Karen Mitchoff, Vice Chair
Agenda
Items:
Items may be taken out of order based on the business of the day and preference
of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
3. APPROVE the Record of Action for the November 6, 2014 meeting of the Legislation Committee.
4. ACCEPT the report on federal issues and analysis and provide direction to staff and
federal advocate, as needed.
5. REVIEW the Proposed 2015 Federal Legislative Platform, provide direction to staff on any
recommended changes, and RECOMMEND action to the Board of Supervisors.
6. ACCEPT the 2014 End-of-Session Report, prepared by Cathy Christian of Nielsen
Merksamer, and the 2015 legislative preview, and provide direction to staff and the
County's state advocate, as needed.
7. REVIEW the Proposed 2015 State Legislative Platform, provide direction to staff on any recommended
changes, and RECOMMEND action to the Board of Supervisors.
8.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee meetings. Contact the staff person listed below at least
72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
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prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
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LEGISLATION COMMITTEE 3.
Meeting Date:12/11/2014
Subject:Record of Action
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-41
Referral Name: Record of Action
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Record of Action for November 6, 2014.
Referral Update:
Record of Action for the November 6, 2014 meeting is attached.
Recommendation(s)/Next Step(s):
APPROVE the Record of Action for the Legislation Committee meeting of November 6, 2014.
Attachments
November 6, 2014 Record of Action
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LEGISLATION COMMITTEE
RECORD OF ACTION
November 6, 2014
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Mary N. Piepho, Chair
Supervisor Karen Mitchoff, Vice Chair
Agenda Items:Items may be taken out of order based on the business of the day and preference of the Committee
Present: Mary N. Piepho, Chair
Karen Mitchoff, Vice Chair
Staff Present:Lara DeLaney, Senior Deputy County Administrator
Vana Tran, CAO Senior Management Analyst
Ryan Hernandez, Contra Costa County Water Agency
John Cunningham, Department of Conservation and Development
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
No public comment.
3.APPROVE the Record of Action for the Legislation Committee meeting of August 7,
2014.
The Record of Action for the August 7, 2014 meeting was approved as submitted.
AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff
Passed
4.ACCEPT the report on 2014 state legislation of interest to Contra Costa County.
The Committee voted unanimously to accept the report on state legislation.
AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff
Passed
5.REVIEW the Proposed 2015 State Legislative Platform, provide direction to staff on
any recommended changes, and RECOMMEND action to the Board of Supervisors.
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The Committee reviewed the proposed 2015 State Legislative Platform and provided
direction to staff for the final draft to be reviewed in the December Committee
meeting.
AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff
Passed
6.REVIEW the Proposed 2015 Federal Legislative Platform, provide direction to staff on
any recommended changes, and RECOMMEND action to the Board of Supervisors.
The Committee reviewed the proposed 2015 Federal Legislative Platform and
provided direction to staff for the final draft to be reviewed in the December
Committee meeting.
AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff
Passed
7.ACCEPT the report from CSAC on statewide ballot measures and their impacts on
counties.
The Committee voted unanimously to accept the report.
AYE: Chair Mary N. Piepho, Vice Chair Karen Mitchoff
Passed
8.The next meeting is currently scheduled for Thursday, Dec. 4, 2014 at 10:30 a.m.
9.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities planning to attend Legislation Committee
meetings. Contact the staff person listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of
members of the Legislation Committee less than 96 hours prior to that meeting are available for public inspection at 651 Pine Street, 10th
floor, during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
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LEGISLATION COMMITTEE 4.
Meeting Date:12/11/2014
Subject:Federal Legislative and Election Update
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-25
Referral Name:
Presenter: L. DeLaney Contact:
Referral History:
Staff regularly provides the Legislation Committee with updates on federal legislative, policy, and
political matters.
Referral Update:
From the CSAC Bulletin, Dec. 5, 2014:
"With very few legislative days remaining on the 2014 calendar, lawmakers returned to
Washington, D.C. this week following a brief Thanksgiving holiday hiatus. Among the biggest
issues left on the congressional agenda are a fiscal year 2015 spending bill, defense policy
legislation , and a tax extenders package.
With funding for government programs currently operating under a Continuing Resolution (CR) -
which is set to expire on December 11 - House and Senate appropriators continued to meet
throughout the week with hopes of resolving any outstanding issues. As of this writing, House
Republican leaders are planning to combine 11 detailed spending bills into one final budget
package, which would carry most government spending through next September. Funding for the
Department of Homeland Security, however, would only be extended through February or March,
a move intended as a rebuke to President Obama's recent Executive Order on immigration (see
below for additional discussion on immigration).
It should be noted that if lawmakers are unable to reach a long-term spending agreement in the
coming days, congressional leaders will be forced to resort to another short-term CR in order to
avoid a government shutdown.
In addition to making tough decisions regarding spending levels for individual programs,
appropriators are discussing the possibility of attaching various policy riders to the fiscal year
2015 budget. House Republicans, for example, are seeking to block several of the Obama
administration's proposed regulations, including a joint proposal from the Environmental
Protection Agency (EPA) and the U.S. Army Corps of Engineers that seeks to expand the
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definition of "Waters of the U.S." under the Clean Water Act. In addition, Republicans are
looking to prevent EPA from finalizing a rule that would regulate greenhouse gas emissions from
new and existing power plants.
Congressional Republicans also are pushing to include language in the final budget that would
completely bar funding for the president's recent immigration executive order. Under the
administration's policy, which was formally announced on November 20, millions of
undocumented immigrants living in the United States would be temporarily shielded from
deportation. On a related matter, and in separate action, the House approved on December 4
legislation (HR 5759) that would prohibit the White House from providing any deportation
waivers to undocumented immigrants. The bill is not expected to be considered by the
Democratic controlled Senate.
In other developments, the House on December 3 overwhelmingly approved legislation (HR
5771) that would extend more than 50 expired tax breaks for one additional year. Hopes of
substituting a more ambitious two-year plan were squandered just prior to the House vote. The
measure now moves to the Senate, which is expected to clear the legislation sometime next week.
With regard to the aforementioned defense policy legislation, the House on December 4
overwhelmingly approved HR 3937, the National Defense Authorization Act (NDAA). The
$577.1 billion measure, which the upper chamber will likely consider next week, would set the
Pentagon’s policy and funding levels for the remainder of the fiscal year. It should be noted that
the bill is likely to face opposition from senators who are opposed to the inclusion of a number of
unrelated public land provisions.
Of interest to a number of California counties, the Defense bill would allow the Pentagon to
conduct an analysis of excess military infrastructure. While some see the study as a potential
precursor to a future Base Realignment and Closure (BRAC) round, HR 3937 includes language
that would expressly prohibit the Pentagon from initiating the politically painful process of
closing domestic military bases.
Drought Legislation
Representative David Valadao (R-CA) introduced this week legislation designed to provide
temporary drought relief to the parched Central Valley. The bill, which is a scaled-back version
of an earlier measure (HR 3964) that passed the House on a near party-line vote, is cosponsored
by several California House Republicans, as well as Representative Jim Costa (D-CA).
HR 5781 includes a number of provisions aimed at boosting water deliveries to drought-stricken
areas of the state, including language that would provide federal resource agencies with additional
operational flexibility. The bill also includes language stipulating that authorities under the
legislation would expire on September 30, 2016 or the date the emergency drought declaration is
lifted, whichever is later.
The measure, which cleared the House Rules Committee earlier this week, is expected to be on
the House floor the week of December 8. While the legislation is likely to pass the lower chamber
with strong support from California's Republican delegation, it faces stiff opposition from
Northern California Democrats and Senator Boxer. For her part, Senator Feinstein - who earlier
this year marshaled an alternative drought measure (S 228) through the Senate - has yet to
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comment on the recast House bill.
Marketplace Fairness Act
House Speaker John Boehner (R-OH) this week reiterated that the lower chamber would not
consider online sales tax legislation - the Marketplace Fairness Act (S 743) - before the end of the
year. The measure, which the Senate approved in May 2013, would give states the ability to
collect sales taxes from out-of-state Internet retailers.
Incidentally, House Judiciary Chairman Bob Goodlatte (R-VA) is reportedly close to finalizing
his own online sales tax proposal, but it is unclear when the legislation will be unveiled.
Goodlatte has previously expressed concerns about the challenges faced by businesses in
collecting and remitting sales taxes to a number of different jurisdictions. He also has expressed
the need for safeguards to ensure that states cannot discriminate against out-of-state retailers.
Finally, in a related development, House Majority Leader Kevin McCarthy (R-CA) stated this
week that lawmakers will likely reach an agreement before the end of the session on an extension
of the Internet access tax moratorium, which expires next week. As of this writing, it appears that
a temporary continuation of the access tax moratorium - lasting anywhere from a few months to a
year - may be included in the aforementioned spending package."
Also attached is the 2014 Election Analysis of the County's federal advocates, Alcalde & Fay.
(See Attachment A.)
Recommendation(s)/Next Step(s):
ACCEPT the report and PROVIDE direction to staff, as needed.
Fiscal Impact (if any):
Unknown fiscal impact to the County.
Attachments
Attachment A: Alcalde & Fay Analysis
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EXPECTED COMMITTEE CHAIRMAN & RANKING MEMBERS
As you know, the mid-term election yielded significant Republican gains in both the
House and Senate, which will change the Senate leadership and committees for the 114th
Congress. In addition, several Chairman and Ranking Members will be retiring at the
end of the year, or face Committee leadership term limits, further changing the
composition of key committees. Although the Steering Committees for both parties will
work to finalize Committee assignments by the time the new Congress convenes in
January 2015, we have provided below a preliminary outlook of the expected
Congressional leadership as well as the Chairs and Ranking Members for Committees
of particular importance.
Congressional Leadership
Expected Senate Majority Leader - Mitch McConnell (R-KY)
Expected Senate Minority Leader - Harry Reid (D-NV)
Expected Speaker of the House - John Boehner (R-OH)
Expected House Majority Leader - Kevin McCarthy (R-CA)
Expected House Majority Whip - Steve Scalise (R-LA)
Expected House Minority Leader - Nancy Pelosi (D-CA)
Expected Senate Leadership of Committees of Importance
Appropriations
Chairman: Senator Thad Cochran (R-MS) is expected to Chair the Committee;
however, having previously led the committee from 2005 to 2007, he will be limited
to four years as Chair.
Ranking Member: Current Chair Barbara Mikulski (D-MD) is expected to serve as
Ranking Member, unless Patrick Leahy (D-VT), who has more seniority, decides to
leave his Leadership role on the Judiciary Committee in favor of Appropriations.
Budget
Chairman: Current Ranking Member Jeff Sessions (R-AL) is expected to become
Chair.
Ranking Member: While Current Chair Patty Murray (D-WA) could serve as
Ranking Member, she may opt to assume this role on the Health, Education, Labor,
and Pensions (HELP) Committee, where she is a frontrunner. If that were to happen,
Senator Ron Wyden (D-OR) is the next most senior, although he would almost
Attachment A
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Page 2 of 7
certainly choose to retain his leadership role on the Finance Committee. Next in line
would be Senator Bill Nelson (D-FL), but similarly to Wyden, could choose to be
ranking member of the Commerce Committee. The next most senior Democrat is
Debbie Stabenow (D-MI), who herself could pass on this position in order to remain
the top Democrat on Agriculture. Following Senator Stabenow, Senator Bernie
Sanders (I-VT) is the fifth most senior Democrat.
Commerce
Chairman: Current Ranking Member John Thune (R-SD) would likely become chair
of the Commerce Committee.
Ranking Member: With the retirement of current Chair Jay Rockefeller (D-WV), and
Senator Barbara Boxer (D-CA), next most senior, expected to serve as Ranking
Member of the Environment and Public Works (EPW) Committee, Senator Bill
Nelson (D-FL) could become Ranking Member, potentially setting up a choice for
Senator Nelson between a leadership role on the Commerce or Budget Committees.
If Senator Nelson chooses the Budget Committee, Senator Maria Cantwell (D-WA)
would be the next most senior Democrat.
Environment and Public Works
Chairman: Senator James Inhofe (R-OK), having been replaced on the Armed
Services Committee by Senator John McCain (R-AZ), is expected to Chair the EPW
Committee; however, he would be limited to two years, having previously chaired
the from 2003 to 2007. Senator Inhofe has been among the most vocal Members, both
of his party and the full Senate, in support of earmarks.
Ranking Member: Current Chair Barbara Boxer (D-CA) is expected to serve as
Ranking Member.
Finance
Chairman: Current Ranking Member Orrin Hatch (R-UT) is expected to be the
Chair.
Ranking Member: Current Chair Ron Wyden (D-OR) is expected to be the Ranking
Member.
Health, Education, Labor, and Pensions (HELP)
Chairman: Current Ranking Member Lamar Alexander (R-TN) is expected to serve
as Chair.
Ranking Member: Among the candidates to replace Tom Harkin (D-IA), who is
retiring, as the HELP Committee’s top democrat are Senator Barbara Mikulski (D-
MD), Senator Patty Murray (D-WA), Senator Bernie Sanders (I-VT). As previously
Attachment A
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noted, however, each of these members will have other Committee leadership
positions to consider. The conventional wisdom has Senator Murray assuming this
role.
Homeland Security and Governmental Affairs
Chairman: Senator Ron Johnson (R-WI) will likely succeed Tom Coburn (R-OK),
who is retiring, as the Committee’s top Republican.
Ranking Member: Current Chair Tom Carper (D-DE) will likely serve as Ranking
Member.
Veterans’ Affairs:
Chairman: Should current Ranking Member Richard Burr (R-NC) decide to chair the
Intelligence Committee, as many expect, Senator Johnny Isakson (R-GA) would
Chair the committee.
Ranking Member: While Current Chair Bernie Sanders (I-VT) could serve as
Ranking Member, his departure to serve as Ranking Member of another Committee
would mean that Senator Sherrod Brown (D-OH) would be next in line in terms of
seniority, followed by Senator Patty Murray (D-WA).
Expected House Leadership of Committees of Importance
Appropriations
Chairman: Chair Harold Rogers (R-KY) is expected to continue in this role.
Ranking Member: Nita Lowey (D-NY) is expected to continue in this role.
Budget
Chairman: Current Vice Chairman Tom Price (R-GA) is likely to become Chair of the
full Committee, as current Chairman Paul Ryan (R-WI) is expected to chair the Ways
and Means Committee.
Ranking Member: Chris Van Hollen (D-MD) is expected to retain this role.
Education and the Workforce
Chairman: Current Chair John Kline (R-MN) is expected to seek a waiver to serve a
fourth term as the Committee’s Chairman; if denied, Congresswoman Virginia Foxx
(R-NC) would likely become Chair.
Ranking Member: Congressman Bobby Scott (D-VA) has announced that he will
seek to become the Committee’s Ranking Member, as current Chairman George
Miller (D-CA) is retiring.
Attachment A
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Energy and Commerce
Chairman: Current Chair Fred Upton (R-MI) is expected to continue in this role.
Ranking Member: Congresswoman Anna Eshoo (D-CA) is expected to fill this
position, as current Ranking Member Henry Waxman (D-CA) is retiring.
Homeland Security
Chairman: Current Chair Michael McCaul (R-TX) is expected to continue in this role.
Ranking Member: Bennie Thompson (D-MS) is expected to continue in this role.
Transportation and Infrastructure
Chairman: Current Chair Bill Shuster (R-PA) is expected to continue in this role.
Ranking Member: With the defeat of long-time Congressman Nick Rahall (D-WV),
Congresswoman Peter DeFazio (D-OR), as the Committee’s most senior Democrat,
is in line for this position. Congressman Garamendi (D-Walnut Grove) has
indicated that he will challenge DeFazio for this position
Veterans’ Affairs
Chairman: Current Chair Jeff Miller (R-FL) is rumored as a potential Chairman of
the House Intelligence Committee following the retirement of current Chairman
Mike Rogers (R-MI). Potential replacements for Miller include the following: the
Committee’s current Vice Chair Gus Bilirakis (R-FL); Doug Lamborn (R-CO); Phil
Roe (R-TN); and Bill Flores (R-TX).
Ranking Member: With the departure of Michael Michaud (D-ME), Congresswoman
Corrine Brown (D-FL), the Committee’s next most senior Democrat, will likely
assume this role.
Ways and Means
Chairman: With the retirement of current Chair Dave Camp (R-MI), Budget
Committee Chairman Paul Ryan (R-WI) is expected to move to Chair this
committee; however, Congressman Kevin Brady (R-TX), who holds more seniority
on the Committee than Congressman Ryan, has announced he will seek the
Chairmanship.
Ranking Member: Sander Levin (D-MI) is expected to continue in this role.
LAME-DUCK CONGRESSIONAL FORECAST
The House and Senate will return to Washington next week for the final weeks of the
113th Congress. With a majority in both chambers when the new Congress convenes in
January, the Republican Party’s leadership will likely avoid any major policy disputes
Attachment A
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during the lame duck session. Instead, they are keen to push more divisive policy
discussions into the New Year, when circumstances will be more favorable to the Party.
These circumstances notwithstanding, there are a few issues of particular importance
that are likely to be addressed during the lame duck session, and we have outlined
these below.
Fiscal Year 2015 Appropriations
Prior to adjourning for the November elections, Congress approved a continuing
resolution (CR) to fund the federal government at Fiscal Year (FY) 2014 levels until
December 11, 2014. As such, a top priority for Congress during the lame duck session
will be to fund the federal government beyond the CR’s expiration, either through
another short-term CR or with a full-year omnibus (and perhaps CR) appropriations bill
that would incorporate all 12 spending bills. During recent conversations with staff
from the House Appropriations Committee, we were informed that House
Appropriations Chairman Harold Rogers (R-KY) has been pushing Congressional
leadership, including Senate Minority Leader Mitch McConnell (R-KY) with whom he
has been campaigning in Kentucky, to move forward with an Omnibus bill during the
lame duck session. Furthermore, the Chairman recently indicated that Committee staff
has been working during the past several weeks to negotiate various conflicts between
the House and Senate versions of the 12 appropriations bills.
At this time, it seems more than likely that the Republican leadership will agree that
their best path forward on this issue will be to clear the slate of appropriations bills for
FY 2015 during the lame duck, thus allowing the incoming Republican-controlled
Congress to start the FY 2016 process fresh. Chairman Rogers noted that this strategy
would allow for Republicans to avoid repeating “old fights (and) we could look forward
to making positive changes."
There had been some concern that, if Republicans were to win control of the Senate in
the elections, the party would simply push any debate on the FY 2015 Appropriations
bills until after the new Congress convened in January, 2015. However, after Senator
Ted Cruz’s failed attempt to garner support for this strategy during CR negotiations in
September, the Republican leadership in both chambers will likely opt for advancing an
Omnibus appropriations bill.
Attachment A
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Marketplace Fairness Act
Before adjourning for the November elections, Senate Majority Leader Harry Reid (D-
NV) indicated that passing the Marketplace Fairness Act (MFA) is one of his top
legislative priorities for the post-election lame duck session. This legislation would
address a loophole in the current tax code by effectively allowing state and local
governments to collect sales tax on online and remote sales, which they are already
owed under current law. The bipartisan legislation provides a pathway for states and
localities across the country to collect an estimated $23 billion annually in uncollected
tax revenue by collecting taxes already owed. In all likelihood the MFA will be paired
with an extension of the Internet Tax Freedom Act, which prevents local governments
from collecting a tax on Internet access. Bipartisan legislation (Marketplace and Internet
Tax Fairness Act, or MITFA, S. 2609) combining these bills was previously introduced on
July 15, 2014, by Senators Lamar Alexander (R-TN), Richard Durbin (D-IL), Mike Enzi
(R-WY) and Heidi Heitkamp (D-ND), and this would be the likely legislative vehicle for
enacting the MFA during the lame duck.
Immigration Reform
The President has indicated that an executive order dealing with immigration is likely
to be announced in the post-election period, and recent reports indicate the order could
provide a path to citizenship for illegal immigrants who are currently living in the
United States, increase federal assistance for border security, and address the increase in
unaccompanied minors crossing the border. The precise timing of the order remains
unclear.
Agreement between the House and Senate on the best path forward with regard to
immigration reform legislation has, thus far, been elusive. The Senate passed its
comprehensive bipartisan immigration reform bill in the summer of 2013 (Border
Security, Economic Opportunity, and Immigration Modernization Act, S.744); however, the
House has yet to address the bill because of strong opposition from House Republicans.
Regardless of when the President issues his executive order, it is likely to be met with
harsh criticism from Congressional Republicans already pursuing legal action against
the President for what they deem to be his persistent use of “executive overreach.”
Attachment A
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Tax Extenders
Congress will also likely address the more than 50 expired tax incentives, along with
several scheduled to expire at the end of year, commonly referred to as “tax extenders,”
which would need to be renewed in order for them to be utilized in 2015 filings. Both
the House and the Senate have introduced legislation to extend or in some cases make
permanent certain expiring tax incentives and provisions. The most likely option for the
lame duck session will be the Expiring Provisions Improvement, Reform, and Efficiency
Act of 2014, or EXPIRE Act (S. 2260), a catch-all bill that provides a two-year extension
for more than 50 of the provisions, while eliminating or consolidating several others.
However, the Administration has publicly opposed the bill due to its lack of a clear pay-
for, and Senate Republicans may choose to renegotiate the terms of this legislation,
which recent reports have indicated could include a permanent extension of several
business and research tax credits.
Attachment A
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LEGISLATION COMMITTEE 5.
Meeting Date:12/11/2014
Subject:Proposed 2015 Federal Legislative Platform
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-43
Referral Name: Proposed 2015 Federal Legislative Platform
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Each fall, the County Administrator’s Office initiates the development of the coming year’s State and Federal
Legislative platforms by inviting members of the Board of Supervisors, Department Heads and key staff, and our
federal advocate, Alcalde & Fay, to provide recommended changes or additions to the current, adopted Platforms.
In October, departments were invited to provide suggested changes to the Federal Platform by submitting input in
writing.
The Legislation Committee reviewed a draft document at its November meeting and provided direction to staff.
The Proposed 2015 Federal Platform includes additional refinements and is presented for consideration by the
Legislation Committee. A final Platform is expected for action by the Board of Supervisors in January 2015.
Referral Update:
Amendments from the first draft 2015 Federal Platform include for the Committee's consideration
and direction the following in the Proposed 2015 Federal Platform for adoption by the Board of
Supervisors:
The County would also support federal funding for the rehabilitation and replacement of rail
bridges.
Northern Waterfront Initiative – support funding for a short-line railroad feasibility study
for the Northern Waterfront Corridor and a Land-Use Cost-Benefit/Fiscalization study for
the Northern Waterfront.
SUPPORT full funding of the Federal Medicaid program. Medicaid provides access to
health care for people whose income and resources are insufficient to pay for health care. It
is jointly funded by Federal and State governments. The Patient Protection and Affordable
Care Act significantly expanded both eligibility for and federal funding of Medicaid.
Support full funding of Medicaid by the Federal government.
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Rail Safety – Contra Costa County is home to a substantial oil refinery industry with four
refineries located in the County. The County supports Senator Heitkamp’s Railroad
Emergency Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE)
Act, S. 2547, which would establish a Federal Emergency Management Agency (FEMA)
panel focused on railroad incident first responders. By bringing together under FEMA’s
National Advisory Council all relevant agencies, emergency responders, technical experts,
and the private sector for a review of training, resources, best practices, and unmet needs
related to emergency responders to railroad hazmat incidents, the RESPONSE Act will
begin the process of addressing shortcomings in existing emergency response practices and
procedures. It will also address the effectiveness of funding levels related to training local
emergency responders for rail hazardous materials incidents.
The County also supports FEMA funding for the training of first responders, regulations that
increase tank car safety standards for cars transporting crude oil and other hazardous
materials, and regulations that require railroads to share data with state emergency managers
and local responders.
SparkPoint, Service Integration – The County will support federal funding for the
establishment and operation of SparkPoint and Service Integration models. SparkPoint
Centers are one-stop, financial-education centers that help individuals and families who are
struggling to make ends meet. SparkPoint helps clients address immediate financial crises,
get them back on their feet, and build financial security. Each center brings together a full
range of services at one convenient location, including job training, career development and
financial coaching, as well as access to higher education and savings accounts. The Contra
Costa County Service Integration Program co-locates county and non-profit agency service
providers and community residents in neighborhood-based family service centers to provide
accessible, coordinated public services tailored to meet the specific needs and goals of
low-income families, while also engaging families in resident-driven efforts to revitalize
their communities.
Recommendation(s)/Next Step(s):
REVIEW the Proposed 2015 Federal Legislative Platform, provide direction to staff on any recommended changes,
and RECOMMEND action to the Board of Supervisors.
Attachments
2015 Proposed Federal Platform
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Proposed 2015 Federal Platform
Proposed 2015 FEDERAL
LEGISLATIVE
PLATFORM
Contra Costa County
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2
2015 FEDERAL LEGISLATIVE PLATFORM
CONTRA COSTA COUNTY
Each year, the Board of Supervisors adopts a Federal Legislative Platform that establishes
priorities and policy positions with regard to potential federal legislation and regulation. The
2015 Federal Legislative Platform identifies 10 funding needs for FFY 2016; and 4 requests for
the reauthorization of the federal transportation act.
FEDERAL RELATED FUNDING NEEDS
The following list is a preliminary ranking in priority order. Adjustments to the priority order may be appropriate
once the President releases his budget. The current priority ranking gives preference to those projects that we know
will not be included in the President’s budget, with lower priority to Army Corps of Engineers projects which may
be in the budget. Also, Army Corps project requests will be adjusted to be consistent with Corps capability.
1. Delta LTMS-Pinole Shoal Management, CA – $4,500,000 for the Army Corps of Engineers
to continue a Long Term Management Strategy (LTMS) for levee rehabilitation, dredging and
sediment reuse in the Delta, similar to the effort completed in the Bay area. Levee work, reuse of
dredged sediments, dredging and other activities have been difficult to accomplish due to
permitting problems and a divergence of priorities related to water quality. Significant levee
rehabilitation is critical to the long term stability of these levees and to water quality and supply
for the 23 million Californians who depend upon this water. Stakeholders from the Department
of Water Resources, Ports, Army Corps, levee reclamation districts, local governments and other
interested parties are participating in the LTMS. A Sediment or Dredged Material Management
Office will be established, and in the longer term, preparation of a Sediment Management Plan
will consider beneficial reuse of dredged materials as one potential source of sediment for levees.
(Note: $500,000 appropriated for FFY 2005; $225,000 for FFY 2006; $500,000 for FFY 2007; $462,000
for FFY 2008; $235,000 for FFY 2009; $100,000 for FFY 2010; $0 FFY 2011-2013; $930,000 FFY
2014.)
2. Safe and Bright Futures for Children Exposed to Domestic Violence – $400,000 to
implement the federally funded plan to diminish the damaging effects of domestic violence on
children and adolescents and to stop the cycle of intentional injury and abuse. A three year
assessment and planning process resulted in a program plan that is working to align and create a
system responsive to the needs of children exposed to domestic violence through identification,
early intervention; raising awareness; training professionals; utilizing and disseminating data;
establishing consultation teams to support providers in intervening and using best practices; and
developing targeted services. Exposure to domestic violence reshapes the human brain and is the
primary cause of trauma in children’s lives. It influences personality, shapes personal skills and
behaviors, impacts academic performance, and substantially contributes to the high cost of law
enforcement, civil/criminal justice and social services. Exposure to domestic violence is
associated with greater rates of substance abuse, mental illness, and adverse health outcomes in
adulthood, and substantially contributes to the high cost of law enforcement, civil/criminal
justice and social services. (Note: $428,000 appropriated for FFY 2009; $550,000 for FFY 2010.)
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3. Mt. Diablo Mercury Mine Clean-up – $483,000 for the Army Corps of Engineers to
complete the Technical Planning Process for the cleanup project at the source and downstream
area of the Mt. Diablo Mercury Mine. The project will clean up the mine in a cost effective,
environmentally-sound manner with minimal liability exposure for the County and involving all
stakeholders through an open community-based process. The Corps initiated a Technical
Planning Process in June 2008 to develop a preliminary remediation plan, identify applicable
permit and environmental data requirements and complete a data collection and documentation
program for the clean-up of the area impacted by the Mt. Diablo Mercury Mine. Several phases
of the planning process have been completed, and this appropriation will allow the Corps to
continue the planning process, which will include looking at watershed issues downstream of the
mercury mine. The mine site is located on private property on the northeast slope of Mt. Diablo
at the upper end of the Marsh Creek watershed. (Note: $517,000 appropriated in FFY 2008.)
4. Bay-Delta Area Studies, Surveys and Technical Analysis – $2,500,000 for the Delta Counties
Coalition to carry out technical analysis and planning associated with participation in the Bay-
Delta Conservation Plan (BDCP) or implementation of any projects resulting from the Plan. The
technical analysis and planning will focus on issues related to the planning of water delivery
projects and conservation plans that are included in the BDCP.
5. CALFED Bay Delta Reauthorization Act Levee Stability Improvement Program (LSIP) –
$8,000,000 for the Army Corps of Engineers for levee rehabilitation planning and project
implementation. The CALFED Reauthorization Act, passed in January 2004, authorized $90
million, which may be appropriated for levee rehabilitation work. The Corps has prepared a
“180-Day Report” which identifies projects and determines how these funds would be spent.
Since that time, the breakdown of CALFED, coupled with the Army Corps’ attempts to define an
appropriate and streamlined process, has delayed funding and resultant levee work. (Note:
$500,000 appropriated for FFY 2006; $400,000 for FFY 2007; $4.92M for FFY 2008; $4.844M for FFY
2010.)
6. Suisun Bay Channel/New York Slough Maintenance Dredging – $8,700,000 for the Army
Corps of Engineers for maintenance dredging of this channel to the authorized depth of minus 35
feet. Continued maintenance is essential for safe transport of crude oil and other bulk materials
through the San Francisco Bay, along the Carquin ez Straits and into the Sacramento/San Joaquin
Delta. Dredging for this channel section is particularly costly due to requirements on placement
of dredged materials in upland environments. An oil tanker ran aground in early 2001 due to
severe shoaling in a section of this channel, which creates a greater potential for oil spills (Note:
$4.559 M appropriated for FFY 2005; $4.619M for FFY 2006; $2.82M for FFY 2007; $2.856M for FFY
2008; $2.768M for FFY 2009; $3.819M for FFY 2010; $2.715M for FFY 2012; $2.495M for FFY 2013;
$2.026M for FFY 2014.)
7. San Pablo/Mare Island Strait/Pinole Shoal Channel Maintenance Dredging – $8,400,000
for the Army Corps of Engineers for maintenance dredging of the channel to the authorized
depth of minus 35 feet. The Pinole Shoal channel is a major arterial for vessel transport through
the San Francisco Bay region, serving oil refineries and bulk cargo which is transported as far
east as Sacramento and Stockton. (Note: $1M appropriated for FFY 2005; $2.988M for FFY 2006;
$896,000 for FFY 2007; $1.696M for FFY 2008; $1.058M for FFY 2009; $2.518M for FFY 2010;
$3.402M for FFY 2012; $499,000 for FFY 2013; $780,000f or FFY 2014.)
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8. San Francisco to Stockton (J. F. Baldwin and Stockton Channels) Ship Channel
Deepening – $2,700,000 for the Army Corps of Engineers to continue the Deepening Project.
Deepening and minor realignment of this channel will allow for operational efficiencies for
many different industries, an increase in waterborne goods movement, reduced congestion on
roadways, and air quality benefits. This work focused on establishing economic benefit to the
nation and initial salinity modeling in the channel sections. The following steps include detailed
channel design, environmental documentation, cost analysis, additional modeling, and dredged
material disposal options. This project continues to have enormous implications for oil refineries,
ports, and other industries that depend on safe ship transport through the channel. (Note:
$500,000 appropriated for FFY 2005; $200,000 for FFY 2006; $200,000 for FFY 2007; $403,000 for
FFY 2008; $1.34M for FFY 2009; $0 for FFY 2010; $0 for FFY 2011; $800,000 for FFY 2012;
$1,546,900 for FFY 2013; $800,000 for FFY 2014.)
9. State Route 4 / Old River Bridge Study – $1,000,000 to work with San Joaquin County and
the State of California on a study of improving or replacing the Old River Bridge along State
Route 4 on the Contra Costa / San Joaquin County line. The study would determine a preferred
alternative for expanding or replacing the existing bridge, which is part of State Route 4. The
existing bridge is narrow, barely allowing two vehicles to pass each other, and is aligned on a
difficult angle relative to the highway on either side, requiring motorists to make sharp turns onto
and off of the bridge. The project would improve safety and traffic flow over the bridge. (Note:
no appropriations for this project as yet.)
10. Knightsen/Byron Area Transportation Study - $300,000 to re-evaluate the Circulation
Element of the County General Plan (GP) to improve its consistency with the Urban Limit Line
(ULL) and related policies that ensure preservation of non-urban, agricultural, open space and
other areas identified outside the ULL. Policies will be evaluated to provide a more efficient and
affordable circulation system for the study area, serve all transportation user-groups, support the
local agricultural economy and accommodate the commuter traffic destined for employment
centers outside the study area. Zoning and development regulations would be updated to
implement the study recommendations.
REAUTHORIZATION OF FEDERAL TRANSPORTATION ACT
The Safe, Accountable, Flexible and Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU),
expired in 2009. SAFETEA-LU was renewed on ten occasions until the new program, Moving Ahead for Progress in
the 21st Century (MAP-21) - a two year bill – was signed into law on July 6, 2012. MAP-21 is a 27-month bill that
expired September 30, 2014 and was reauthorized until May 2015. The following are priority projects for which
funding will need to be secured in the next multi-year transportation bill.
1. Vasco Road Safety Improvement Project -- $18 million for improvements to a 2.5-mile
accident-prone section of Vasco Road. Project components include widening the roadway to
accommodate a concrete median barrier and shoulders on either side of the barrier, construction
of the barrier, and extension of an existing passing lane. The project will eliminate cross-median
accidents which have caused numerous fatalities in recent years, and will provide increased
opportunities for vehicles to safely pass (unsafe passing is a major cause of accidents and
fatalities on this segment of the increasingly busy two-lane undivided road). The project will
include provisions for wildlife undercrossings to preserve migration patterns. The proposed
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improvements will complement a $10 million completed project that was funded with American
Recovery and Reinvestment Act funds.
1.b Vasco Road Safety Improvement Project Continuation -- $30 million for improvements to
the remaining 9 miles of accident-prone sections of Vasco Road. Alameda County has been
working on constructing improvements in their jurisdiction and it would be desirable for the two
counties to work together to complete the gap left in the concrete median barrier near the County
line. In addition to completing this gap, Contra Costa desires to extend the concrete median
barrier further north of the recently completed median barrier project to the Camino Diablo Road
intersection.
2. North Richmond Truck Route -- $25 million to construct a new road or other alternate
access improvements that will provide truck access between businesses and the Richmond
Parkway, moving the truck traffic away from a residential neighborhood and elementary school.
This project will increase safety, improve public health around the school and residential area by
reducing diesel particulate emissions from those areas, increase livability of the neighborhood,
improve local access to the Wildcat Creek Regional Trail, stimulate economic development in
the industrial area of the community and provide a better route for trucks traveling to and from
the Richmond Parkway. Several potential alignments have been identified, one of which was
developed through a community planning process funded through an Environmental Justice
planning grant from Caltrans.
3. Eastern Contra Costa Trail Network -- $11 million for a joint planning, environmental
review, right-of-way acquisition and constructions of a coordinated network of trails for walking,
bicycling and equestrian uses in eastern Contra Costa County including facilities and projects
improving access to existing or planned transit stations. Eligible trails include, but are not
limited to: (1) the Mokelumne Trail overcrossing of the State Route 4 Bypass ($6 million); (2)
Contra Costa segments of the Great California Delta Trail ($3 million); (3) a transit supportive
network of East Contra Costa trails in unincorporated County areas and the cities of Antioch,
Brentwood, Oakley and Pittsburg ($1 million); and Marsh Creek Corridor Multi-Use Path ($1
million).
4. eBART Extension Next Phase Study/Environmental and Engineering -- $10 million for
environmental review and engineering work on the project identified in the Bay Area Rapid
Transit District’s (BART) eBART Next Segment Study in eastern Contra Costa County. With
regard to additional stations and eBART rail corridor alignment tasks may include, but not
necessarily be limited to, completion of environmental review, and partial completion of
engineering. Additional work may include, but not necessarily be limited to, evaluation and
refinement of alignment and stations, development of capital and operating costs, land use
analysis, completion of environmental review including appropriate mitigations, development of
preliminary engineering, and public outreach. (Potential Program: FTA – New Starts, FHWA/FTA
Congestion Mitigation and Air Quality)
Rural Road Funding Program – The County supports the creation of a new funding program
that will provide funds for converting or upgrading rural roads into more modern and safer roads
that can better handle increasing commuter traffic in growing areas, such as East County. These
roads do not often compete well in current grant programs because they do not carry as many
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vehicles as roads in more congested urban or suburban areas. As a result, improvements such as
widenings (turn lanes, clear zone/recovery areas, etc.), realignments, drainage improvements and
intersection modifications often go unfunded, leaving such roads with operational and safety
problems as well as insufficient capacity.
Transportation Funding for Disabled, Low-income, and Elderly Persons – Transit services for
elderly, disabled, and low-income persons are provided by the County, by some cities, by all of
the bus transit operators, and by many community organizations and non-profits that provide
social services. Increased funding is needed to provide and maintain more service vehicles,
operate them longer throughout the day, upgrade the vehicle fleet and dispatching systems,
improve coordination between public providers and community groups that also provide such
services to their clients, and expand outreach programs to inform potential riders of the available
services, among other needs. The County supports continuation and increased funding levels for
federal funding programs dedicated to transit services for these population groups. All of the
demographic trends point to a growing need for such services in the future. For example, the 65-
and-older population in the Bay Area is projected to more than double by the year 2030.
Surface Transportation Program/Highway Bridge Funding – The County supports the
continuation of funding levels consistent with the Highway Bridge funding program in
previous transportation funding bills that will provide funds for rehabilitating and replacing
our aging bridges. The County has several aging bridges with deficient sufficiency ratings.
Without federal transportation funding, these expensive projects would be deferred because
they often exceed the County’s funding capacity. Many of the bridges are on critical
commute corridors, goods movement corridors, inter-regional routes, and farm to market
routes. Failure of these important transportation assets can cause major disruptions to the
transportation network. The County would also support federal funding for the rehabilitation
and replacement of rail bridges.
APPROPRIATIONS AND GRANTS – SUPPORT POSITIONS
The following support positions are listed in alphabetic order and do not reflect priority order. Please
note that new and revised positions are highlighted.
Buchanan Field Airport – The County approved a Master Plan for the Buchanan Field Airport
in October 2008, which includes a Federal Aviation Regulation Part 150 Noise Study and a
Business Plan for project implementation. The comprehensive planning effort has ideally
positioned Buchanan Field Airport for future aviation (general aviation, corporate aviation and
commercial airline service) and aviation-related opportunities. To facilitate the economic
development potential, the Business Plan prioritizes necessary infrastructure improvements for
Buchanan Field Airport (including potential replacement of the 60 year old control tower).
Further, as the Airport is surrounded by urban residential uses, enhancing the noise program
infrastructure is deemed essential for balancing the aviation needs with those of the surrounding
communities. The Federal government, primarily through the Federal Aviation Administration
(FAA), provides funding for planning, analysis, and infrastructure improvements. The County
will support funding in all these areas for protection and enhancement of our aviation facility and
network.
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Byron Airport – The Byron Airport is poised for future general and corporate aviation and
aviation-related development, but that future growth and full build out of the airport as shown in
the Master Plan is dependent upon utility and infrastructure improvements both on and around
the Airport. The Byron Airport Business Plan prioritizes infrastructure and possible additional
land acquisition to assist the Byron Airport in fulfilling its aviation and economic development
potential. The Federal government, primarily through the Federal Aviation Administration
(FAA), provides funding for planning, analysis, infrastructure improvements and aviation land
acquisition. The County will support funding in all these areas for protection and enhancement of
our aviation facility and network.
East Bay Regional Communication System (EBRCS ) – A project to build the East Bay
Regional Communication System (EBRCS), a P25 Radio System infrastructure for Contra Costa
and Alameda County. This system will provide interoperable voice communication in both the
800 MHz and 700 MHz frequencies to all public safety and public services agencies within
Contra Costa County and Alameda County.
EBRCS will allow for interoperable voice communication within the region that can be
integrated with other P25 radio systems outside the geographical area of the EBRCS, for
example, with San Francisco. This project will provide Level 5 communications which is the
highest level of interoperable communications. This project will allow for everyday
interoperable communications, not just various levels of interoperability during big events or
disasters in which radio caches are deployed or gateway devices used.
Energy Efficiency & Conservation Block Grant (EECBG) Program – Advocate/support
funding up to or above the authorized amount of $2 billion for the EECBG Program established
and authorized under the Energy Independence and Security Act (EISA) of 2007. The County’s
ability to continue offering programs/services improving energy efficiency and conservation
while also creating jobs is contingent upon additional federal funding being appropriated to the
EECBG Program in 2012 and beyond. Contra Costa and other local governments have identified
and designed many successful programs and financial incentives targeting both the private and
public sector which are now being implemented using EECBG funding authorized through the
ARRA of 2009. Funding for the EECBG program is necessary to ensure the nation’s local
governments can continue their leadership in creating clean energy jobs, reducing energy
consumption and curbing greenhouse gas emissions.
Kirker Pass Road Truck Climbing Lanes – $4.5 million for constructing northbound and $20
million for constructing southbound truck climbing lanes on Kirker Pass Road, a heavily used
arterial linking residential areas in eastern Contra Costa with job centers and the freeway system
in central Contra Costa. The truck climbing lanes are needed to improve traffic flow and will
also have safety benefits. The $4.5 million will close a funding gap and augment secured
funding: $6 million in Measure J (local sales tax measure) funds and $2.6 million in State
Transportation Improvement Program funds. The $20 million is the total cost of the southbound
truck climbing lane segment.
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Northern Waterfront Initiative – support funding for a short-line railroad feasibility study for the
Northern Waterfront Corridor and a Land-Use Cost-Benefit/Fiscalization study for the Northern
Waterfront.
Regional Habitat Planning and Conservation – $85 million to the U.S. Fish and Wildlife
Service’s “Cooperative Endangered Species Conservation Fund” to keep pace with land costs
and the increasing number of Habitat Conservation Plans (HCPs) throughout the country. The
County will support funding for the Fund to be restored to $85 million, the 2010 funding level.
This will provide much needed support to regional HCPs in California and nationally, including
the East Contra Costa County HCP. Given the prolific growth in the number of regional HCPs,
the Fund needs to be increased even more substantially in subsequent years. The East Contra
Costa County HCP has received $35.5 million from the Cooperative Endangered Species
Conservation Fund in the past eight years and continuing this grant support is of vital importance
to the successful implementation of that Plan. The County will pursue increasing appropriations
to the Fund in partnership with numerous counties in northern and southern California and will
support requests of the California Habitat Conservation Planning Coalition to increase the Fund
up to $85 million. The County will also request that the California State Association of Counties
(CSAC) include this Fund increase as a priority on CSAC’s federal platform.
San Francisco Bay Improvement Act – $1 billion restoration bill authored by Congresswoman
Jackie Speier in 2010 but not passed. The bill, if passed, will help finance restoration of more
than 100,000 acres of the Bay's tidal wetlands. Funds from the bill would implement a
restoration plan that was adopted in 1993. In addition to benefits for fish and wildlife, wetlands
restoration will create new jobs and provide regional economic infusions, as well as protect
against the effects of sea level rise on the Bay's shores.
Sacramento-San Joaquin Delta National Heritage Area – a bill authored by Senator Dianne
Feinstein in 2010 but not passed. The bill, if passed, will authorize and fund a National Heritage
Area (NHA) for the Sacramento-San Joaquin Delta. The NHA designation would be a first step in
providing federal resources to agencies in the Delta for economic development and environmental
protection. Contra Costa County supports the legislation and participated in a feasibility study
for the NHA through our seat on the Delta Protection Commission, which completed the study in
2012.
Vasco Road-Byron Highway Connector – $30 million for design, engineering and construction of
an east-west connector road between two major arterials that link Contra Costa County with
Alameda and San Joaquin Counties. The Vasco Road-Byron Highway Connector will improve
traffic circulation and linkages in the southeastern portion of the County and will provide a new
route for truck traffic that will remove a significant portion of truck trips which currently pass
through the rural community of Byron. Vasco Road is designated as State Route 84, and Byron
Highway is under study as the potential alignment for future State Route 239.
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2015 FEDERAL LEGISLATIVE PLATFORM POLICY POSITIONS
The following support positions are listed in alphabetic order and do not reflect priority order. Please
note that new and revised policy positions are highlighted.
Affordable Housing and Homeless Programs –For Housing and Urban Development (HUD)’s
Homeless Assistance Grants, the County will support funding that does not include set-asides or
other requirements that limit local communities’ ability to respond to the particular needs in their
areas. For the Housing Assistance for People with AIDS (HOPWA) program, the County will
support legislation to update the formula used to allocate HOPWA grants to reflect local housing
costs as well as the number of AIDS cases.
The County supports full funding for HUD homeless assistance programs and funding for full
implementation of the Homeless Emergency and Rapid Transition to Housing (HEARTH) Act of
2009.
The County supports funding the National Affordable Housing Trust Fund. Resources made
available through the Trust Fund should be accessible to local housing and community
development agencies, including public housing authorities. As the recent home mortgage crisis
demonstrates, homeownership is not for everyone. While we value and support the role that
homeownership plays in meeting affordable housing needs, any new production program should
prioritize efforts to address our nation’s acute shortage of affordable rental housing.
Agricultural Pest and Disease Control – Agriculture and native environments in Contra Costa
County continue to be threatened by a variety of invasive/exotic pests, diseases and non-native
weeds. The Federal government provides funding for research, regulation, pest exclusion
activities, survey and detection, pest management, weed control, public education and outreach.
The County will support funding in all these areas for protection of our agricultural industry and
open space. Consistent with the policy position, the County will also support legislation which
would authorize and direct the USDA to provide state and local funding for High Risk
Prevention programs (also called Pest Detection Funding).
Beneficial Use of Dredged Materials – As the beneficial reuse of dredged materials has a clear
public benefit, particularly in the Delta, the County will continue to support beneficial reuse in
general and also continue to advocate for funding for a federal study to determine the feasibility
of beneficial reuse, considering the benefits and impacts to water quality and water supply in the
Delta, navigation, flood control damage, ecosystem restoration, and recreation. The study would
include the feasibility of using Sherman Island as a rehandling site for the dredged material, for
levee maintenance and/or ecosystem restoration. Language to authorize the study was included
in the Water Resources and Development Act (WRDA) which was passed into law on November
8, 2007.
Child Care – Research continues to show that quality, affordable childcare is a necessity to
ensuring a family’s stability and economic success. Currently in Contra Costa County, there are
over 10,000 low-income children eligible for affordable childcare services, yet only 29% of that
need is met. Research also shows that in addition to a child’s long-term success with school and
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employment, investing in high-quality early care and education results in a higher than average
return on investments in the areas of crime reduction and positive health, education and
economic outcomes.
With regards to childcare, the County will support the President’s “Preschool for All” Initiative
meant to close America’s school readiness gap and ensure all children have access to quality care
by expanding high quality learning opportunities for children 0-5. This proposal includes:
An increase of over 100,000 new childcare slots and $12 billion over the next 10 years;
A focus on children and their families who are at or below 200% of poverty;
Financing through a new cost-sharing partnership with states, already a proven successful
model with Head Start in Contra Costa County.
The County will also advocate for the following federal actions:
Increase funding to support employment of low-income families through greater access
to child care subsidies, and increase the access of children from eligible families to high-
quality care that supports positive child development outcomes.
Provide flexibility at the state and local levels so that quality care can be balanced with
access and parental choice.
Child Support –The County will advocate for the following federal actions:
Eliminate the $25 fee for non-IV-A families.
Restore the incentive match payments that were prohibited in the Deficit Reduction Act.
Allow the automatic use of cash medical support to reimburse Medicaid expenditures.
Allow IV-D agencies to access Health Insurance records for the purposes of Medical
Support.
Child Welfare and Well-being –The County will advocate for the following federal actions:
Provide states with financial incentives, as opposed to monetary penalties, under the
Child and Family Services Reviews and minimize the significant administrative burden
associated with the review process.
End Title IV-E disallowances from federal audits that take away funds from an already
resource-strapped child welfare system. Allow states to reinvest these funds in preventing
child abuse and neglect.
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Increase prevention dollars to help maintain children safely in their own homes. Federal
funding currently gives disproportional support to out-of-home care rather than to
preventing children from coming into care.
Any increase in Federal Medical Assistance Percentage should include an associated
increase in the Title IV-E matching rate to help support children in foster care.
Community Development Block Grant and HOME Programs – The County’s ability to
continue funding to a variety of nonprofit agencies that provide critical safety net services to
lower income residents, including financing the development of affordable housing is threatened
by further cuts as part of the Budget Control Act (Act) passed by Congress in July 2011. The Act
established mandatory spending caps on most federal programs through 2021, and arranged
additional across-the-board annual spending cuts to federal defense and non-defense
discretionary (NDD) programs over this same period.
Included in non-defense discretionary programs are critical local government oriented programs
including the CDBG and HOME programs. These programs are successful and productive,
leveraging significant funding from non-federal sources to help spur economic development. The
County agrees that reducing the federal deficit is an important component of achieving long-term
national economic stability, but targeting solely NDD programs like the CDBG and HOME
programs will not achieve significant reductions and will hinder the County’s ability to provide
critical services to its most vulnerable populations. The County will continue to oppose any
further reductions in the CDBG and HOME programs as part of the Budget Control Act or any
other means.
Cost Shifts to Local and State Government – Contra Costa County performs many of its
services and programs pursuant to federal direction and funding. Other services and programs
are performed at the behest of the state, which receives funding through the federal government.
In the past, the Administration’s budget has contained significant cuts to entitlement programs
and/or caps on entitlements. Such actions could shift cost of services from the federal
government to the state and/or local governments (and to the extent that costs would shift to the
state, it is highly likely that these would be passed on to the County). The County will oppose
any actions that would result in cost shifts on federal entitlement programs or which would result
on greater dependency on county funded programs. In addition, the County will support federal
and state financial assistance to aid county and local government efforts to meet unfunded
federal mandates, such as those contained in the National Response Plan (NRP), the National
Infrastructure Protection Plan (NIPP), and the National Incident Management System.
Criminal Debt Collection – Nonpayment of court-ordered victim restitution, fines and fees is a
problem of epidemic proportions for all jurisdictions. Literally billions of dollars go uncollected
each year across the country, resulting not only in financial suffering of victims, but also the loss
of public revenue. Many states already allow for the offset of State Tax Refunds, and these
programs are successful in achieving revenue recovery. Federal Tax Refunds are already being
successfully offset to pay for delinquent child support. The County will support amendments to
the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for
court-ordered debts that are past-due.
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Delta Water Platform
To protect the Sacramento-San Joaquin Delta from various detrimental forces that are affecting
its health and resources, it is the policy of Contra Costa County to support implementation of
projects and actions that will help improve the Delta ecosystem and the economic conditions of
the Delta. Contra Costa County has developed a Delta Water Platform to identify and promote
activities and policy positions that support the creation of a healthy Sacramento -San Joaquin
Delta. Contra Costa County will use this Platform to guide its own actions and advocacy in other
public venues regarding the future of the Delta.
The Delta Water Platform is comprised of twenty subject areas. Each of these subject categories
contains relevant policies and background explanatory language. The policies and background
information can be found in the Delta Water Platform, which is included in this document by
reference.
Designation of Indian Tribal Lands and Indian Gaming – The Board of Supervisors has
endorsed the California State Association of Counties’ (CSAC) policy documents regarding
development on tribal land and prerequisites to Indian gaming. These policy statements address
local government concerns for such issues as the federal government’s ability to take lands into
trust and thus remove them from local land use jurisdiction, absent the consent of the state and
the affected county; the need for tribes to be responsible for all off-reservation
impacts of their actions; and assurance that local government will be able to continue to meet
its governmental responsibilities for the health, safety, environment, infrastructure and general
welfare of all members of its communities. The County will continue to advocate for federal
legislation and regulation that supports the CSAC policy documents.
The County will also advocate for limitations on reservation shopping; tightening the definition
of Class II gaming machines; assuring protection of the environment and public health and
safety; and full mitigation of the off-reservation impacts of the trust land and its operations,
including the increased cost of services and lost revenues to the County.
The County will also advocate for greater transparency, accountability and appeal opportunities
for local government in the decision-making processes that permit the establishment of Indian
gaming facilities. This includes sequencing the processes so that the Indian Lands
Determination comes first, prior to initiation of a trust land request and associated environmental
review.
The County will also consider support for federal action and/or legislation that allows Class III
gaming at the existing gaming facility only if it can be shown that any change would result in a
facility that would be unique in nature and the facility can demonstrate significant community
benefits above and beyond the costs associated with mitigating community impacts.
Economic Development Programs – Congress should fund all the complementary programs
within HUD’s community and economic development toolkit, ensuring that HUD does not lose
sight of the development component of its mission. To that end, the County will support
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continued funding for the Section 108 loan guarantee program, the Brownfields Economic
Development Initiative and the Rural Housing and Economic Development program. Each of
these programs plays a unique role in building stronger, more economically viable communities,
while enabling communities to leverage external financing in a way the CDBG program alone
cannot do.
Federal “Statewideness” Requirements – For many federally funded programs, there is a
“statewideness” requirement; i.e., all counties must operate the specific program under the same
rules and regulations. This can hamper the County’s ability to meet local needs, to be cost
effective and to leverage the funding of one program to reduce costs in another program. Contra
Costa County cannot negotiate for federal waivers or do things differently because it is not a
state, yet its population is greater than seven states. Recognizing this is a very long-term effort,
the County will advocate for relaxation of the “statewideness” rule to allow individual counties
or a consortium of counties to receive direct waivers from the federal government and/or adopt
the rules and regulations currently in use in another state for specific programs.
Habitat Conservation Planning – The County will advocate for elevating the profile of Habitat
Conservation Plans (HCPs) such as the East Contra Costa County HCP within Congress and
Administration so that these critical federal/state/local partnerships can receive necessary
attention and support. HCPs are flagship programs for the federal government and supporting
effective implementation of approved HCPs should be a top priority for the U.S. Department of
the Interior and U.S. Fish and Wildlife Service and HCPs should be a key tool in any federal
climate change or economic stimulus legislation.
Health – The County will advocate for the following actions by the federal government: provide
enhanced Medicaid FMAP ("FMAP" is the "Federal Medical Assistance Percentage") for
Medicaid. It is the federal matching rate for state Medicaid expenditures. Increasing the federal
matching rate for states would free up state general fund money for other purposes and would
help counties as well.); suspend the Medicare “clawback” rule; suspend the “60-day rule” that
requires states to repay the federal government overpayments identified by the state prior to
collection, and even in instances where the state can never collect; ease the ability to cover those
eligible for Medicaid by making documentation requirements less stringent; and prevent the
implementation of the following seven federal regulations:
Outpatient hospital
Case Management
School Based Administration & Transportation
Public Provider Cost Limit
Graduate Medical Education
Rehabilitation Services Option
Provider Tax
SUPPORT full funding of the Federal Medicaid program. Medicaid provides access to health
care for people whose income and resources are insufficient to pay for health care. It is jointly
funded by Federal and State governments. The Patient Protection and Affordable Care Act
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14
significantly expanded both eligibility for and federal funding of Medicaid. Support full funding
of Medicaid by the Federal government.
Levee Restoration and Repair – The County will support legislation such as H.R. 6484, the
SAFE Levee Act (Garamendi) in 2012, which will authorize the U.S. Department of the Interior
to invest in Delta levee repairs, for all levees that are publicly owned or publicly maintained.
The bill also requires a cost-benefit analysis for the tunnel project being planned as part of the
Bay-Delta Conservation Plan.
Pension – The County will support legislation that would modify the Internal Revenue Code and
corresponding regulations to permit public employees to make an irrevocable election between
their current pension formula and a less rich pension formula.
In 2006, Contra Costa County and the Deputy Sheriff’s Association jointly obtained state
legislation that would allow members of the Association to make a one-time irrevocable election
between their current pension formula and a less rich pension formula, called Tier C. Orange
County and its labor organizations obtained similar legislation in 2009. However, neither
County has been able to implement this state legislation because such elections currently have
negative tax consequences for employees and for retirement plans under federal tax law as
interpreted by the Internal Revenue Service.
Like many local government entities nationwide, the County’s fiscal posi tion would benefit
greatly from reduced pension costs. Allowing local government entities to implement collective
bargaining agreements and state legislation that permits employees to elect less rich pension
formulas would be a significant step in reducing pension costs.
Public Housing Programs – The County will support legislation that results in the
transformation of existing programs to improve their effectiveness and efficiency, in tandem
with the design of new and innovative responses, both to build upon recent progress and address
outstanding issues.
The County will support legislation to protect the nation’s investment in Public Housing:
Enact affordable housing industry proposal to allow public housing agencies (PHAs)
to voluntarily convert public housing units to Section 8 project-based rental assistance
in order to preserve this vital component of the national infrastructure
Oppose the Administration’s proposal to impose a $1 billion offset against the
operating reserves of responsible, entrepreneurial PHAs
Support the revitalization of severely distressed public housing units
Address safety and security concerns connected to drug-related crime
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Proposed 2015 Federal Legislative Platform
Contra Costa County
15
The County will support legislation to preserve vital community and economic development
programs:
Fully fund the Community Development Block Grant Program in order to create and
save jobs, revitalize local economies, and support critical services for vulnerable
populations
Maintain funding for HUD’s cost-effective economic development tools
The County will support legislation to strengthen and simplify the Section 8 Rental Assistance
programs:
Provide adequate funding for Housing Assistance Payment contract renewals and
ongoing administrative fees
Enact the Section Eight Voucher Reform Act (SEVRA)
Implement overdue regulatory and administrative revisions that ensure the efficient
use of program funds
The County will support legislation to expand Affordable Housing Opportunities and combat
homelessness:
Fully fund the Home Investment Partnerships Program and HUD’s homeless
assistance programs
Capitalize the Housing Trust Fund through a revenue-neutral approach
Preserve and strengthen the Low Income Housing Tax Credit Program
The County will support legislation to foster innovation, increase efficiency, and streamline the
regulatory environment:
Promote reasonable and flexible federal oversight
Incentivize green building and increased Energy Efficiency
Support HUD’s ongoing transformation efforts
Ensure that HUD releases and distributes federal funding in a timely manner
Eliminate statutory and regulatory barriers that prevent PHAs and redevelopment
authorities from accessing federal programs they are qualified to administer.
Rail Safety – Contra Costa County is home to a substantial oil refinery industry with four
refineries located in the County. The County supports Senator Heitkamp’s Railroad Emergency
Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Act, S. 2547,
which would establish a Federal Emergency Management Agency (FEMA) panel focused on
railroad incident first responders. By bringing together under FEMA’s National Advisory
Council all relevant agencies, emergency responders, technical experts, and the private sector for
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a review of training, resources, best practices, and unmet needs related to emergency responders
to railroad hazmat incidents, the RESPONSE Act will begin the process of addressing
shortcomings in existing emergency response practices and procedures. It will also address the
effectiveness of funding levels related to training local emergency responders for rail hazardous
materials incidents.
The County also supports FEMA funding for the training of first responders, regulations that
increase tank car safety standards for cars transporting crude oil and other hazardous materials,
and regulations that require railroads to share data with state emergency managers and local
responders.
Retiree and Retiree Health Care Costs – The County operates many programs on behalf of the
federal government. While federal funding is available for on-going program operations,
including employee salaries, the allocation is usually capped, regardless of actual costs. For
retiree and retiree health care, th e County’s ability to contain costs is extremely limited. The
County will advocate for full federal financial participation in funding the County’s retiree and
retiree health obligations.
State Criminal Alien Assistance Program (SCAAP) – On May 23, 2012, the Department of
Justice (DOJ) announced a change in the State Criminal Alien Assistance Program (SCAAP) that
will prohibit SCAAP funds from being used to reimburse localities for foreign-born criminal
aliens housed in jails that have been classified as “unknown inmates” by the Department of
Homeland Security’s Immigration and Customs Enforcement (ICE) agency. This is a significant
change to the SCAAP reimbursement formula and will heavily impact counties across the nation.
The County will support the rescinding of this decision and a reinstatement of the previous
reimbursement practice, which would more equitably reimburse jurisdictions for the costs of
housing undocumented individuals, including those inmates whose status may be unknown to the
Department of Homeland Security.
Second Chance Act – The County will support funding for the Second Chance Act, which helps
counties address the growing population of individuals returning from prisons and jails. Despite
massive increases in corrections spending in states and jails nationwide, recidivism rates remain
high: half of all individuals released from state prison are re-incarcerated within three years.
Here in California, unfortunately, the recidivism rate is even higher. Yet there is reason for
hope: research shows that when individuals returning from prison or jail have access to key
treatments, education, and housing services, recidivism rates go down and the families and
communities they return to are stronger and safer.
The Second Chance Act ensures that the tax dollars on corrections are better spent, and provides
a much-needed response to the "revolving door" of people entering and leaving prison and jail.
SparkPoint, Service Integration – The County will support federal funding for the establishment
and operation of SparkPoint and Service Integration models. SparkPoint Centers are one-stop,
financial-education centers that help individuals and families who are struggling to make ends
meet. SparkPoint helps clients address immediate financial crises, get them back on their feet,
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Proposed 2015 Federal Legislative Platform
Contra Costa County
17
and build financial security. Each center brings together a full range of services at one
convenient location, including job training, career development and financial coaching, as well
as access to higher education and savings accounts. The Contra Costa County Service Integration
Program co-locates county and non-profit agency service providers and community residents in
neighborhood-based family service centers to provide accessible, coordinated public services
tailored to meet the specific needs and goals of low-income families, while also engaging
families in resident-driven efforts to revitalize their communities.
Supplemental Nutrition Assistance Program (SNAP) – The County will advocate for the
following federal actions:
Increase SNAP benefits as a major and immediately available element of economic
stimulus.
Suspend the restrictions applying to ABAWDs. ("ABAWDs" stands for "Able-Bodied
Adults without Dependents" and pertains to adults receiving food stamps who are
considered employable.) They are subject to strict time limits on how long they can
receive food stamps. It is difficult administratively to track this, and when unemployment
is high, it can result in more adults going hungry.
Remove the current federal barriers that prevent some nutrition programs from
employing EBT technology.
Streamlining Permitting for Critical Infrastructure, Economic Stimulus, and Alternative
Energy Projects –“Green” Job Creation – Request that Congress and the Administration
recognize the value of Habitat Conversation Plans (HCPs) as a reliable way of streamlining
critical infrastructure, economic stimulus, and alternative energy project permitting in a manner
that is consistent with federal environmental regulations. HCPs not only facilitate such projects
through permit streamlining, but the planning, implementation, management, and monitoring
needs associated with regional HCPs plans also create many quality “green” jobs.
Telecommunications Act of 1996 Revisions – The Telecommunications Act of 1996 governs
local government’s role in telecommunications, primarily broadband cable that uses the County’s
right-of-way as well as consumer protections. As Congress works to update the Act, the County
will continue to advocate for strengthening consumer protections and local government oversight
of critical communications technologies; local access to affordable and reliable high speed
broadband infrastructures to support the local economy; the right of local municipalities and
communities to offer high-speed broadband access: coordination and integration of private
communication resources for governmental emergency communication systems; preservation of
local government’s franchise fees; preservation of the local community benefits, including but
not limited to public, education and governmental (PEG) access channels; authority for provision
of municipal telecommunication services; preservation of local police powers essential for
health, safety and welfare of the citizenry; preservation of local government ownership and
control of the local public rights-of-way; and support for ensuring that communication policy
promotes affordable services for all Americans.
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The Community Broadband Act of 2007, S.1853, encourages the deployment of high speed
networks by preserving the authority of local governments to offer community broadband
infrastructure and services. The County will oppose all bills that do not address the County’s
concerns unless appropriately amended. In addition, the Federal Communications Commission
(FCC) has proposed rule-making (FCC Second Report and Order Docket 05-311 “Franchising
Rules for Incumbents”) that, in the opinion of local government, goes beyond the scope of their
authority in this area. The County will oppose all such rule making efforts.
Telecommunications Issues – Support the Community Access Preservation (CAP) Act
introduced in 2009 by Wisconsin Congresswoman Tammy Baldwin. The CAP Act addresses the
challenges faced by public, educational and government (PEG) TV channels and community
access television stations. The CAP Act addresses four immediate issues facing PEG channels.
The CAP Act would: Allow PEG fees to be used for any PEG-related purpose; require PEG
channels to be carried in the same manner as local broadcast channels; require the FCC to study
the effect state video franchise laws have had on PEG; require operators in states that adopted
statewide franchising to provide support equal to the greater of the support required under the
state law or the support historically provided for PEG; and make cable television-related laws
and regulations applicable to all landline video providers.
In addition, the County should support the widespread deployment and adoption of broadband,
especially as it serves to connect the educational community and libraries.
Temporary Assistance for Needy Families – The County will advocate for the following federal
actions:
Relieve states of work participation rate and work verification plan penalties for fiscal
years 2007, 2008, 2009 and 2010 in recognition of the serious downturn in the national
economy and the succession of more “process-based” regulations issued in the last few
years.
Permanently withdraw the August 8, 2008, proposal that would have repealed the
regulation that enables states to claim caseload reduction credit for excess MOE
expenditures.
Rescind the May 22, 2008, HHS guidance that effectively eliminated the ability of states
to offer pre-assistance programs to new TANF applicants for up to four months.
Rescind the final Deficit Reduction Act regulation restricting allowable state
maintenance-of-effort expenditures under TANF purposes 3 and 4.
End federal efforts to impose a national TANF error rate.
Veterans Benefits – The County will support legislation to increase availability, accessibility,
and utilization of Veterans Benefits.
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Proposed 2015 Federal Legislative Platform
Contra Costa County
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Within Contra Costa County, Veterans’ health care is provided by the VA Martinez Clinic, a
division of the VA Northern California Healthcare System. Currently, access to enrollment in the
VA healthcare system is limited to Veterans with a Service Connected disability of greater than
10%, special eligibility criteria (Purple Heart, former POW, Iraq & Afghanistan Vets within 5
years of discharge, etc.), and to Veterans with an annual gross income less than a geographically
based threshold. Currently, VA emergency services are not available after hours or during
weekends. The nearest VA emergency room is nearly 34 miles away from the VA Martinez
Clinic.
The County will support legislation that would expand enrollment eligibility (such as removing
the income limit criteria) to all Veterans with an honorable discharge. Furthermore, the County
will support legislation that would establish 24 hour VA emergency services at the VA Martinez
clinic.
In addition, the County will support legislation that will improve the timeliness and quality of
both VA benefits claim decisions and VA healthcare services. Specifically, legislation that works
toward improving on the expedited processing of claims and administering of benefits to
populations with unique needs, such as homeless Veterans, Women Veterans, and Veterans
experiencing service related Posttraumatic Stress Disorder.
Veterans Halls – The County will support legislation to provide America’s veterans
organizations with resources to make necessary repairs to or replacement of their meeting halls
and facilities.
Across America, the meeting halls and posts of Veterans Service Organizations such as the
American Legion and Veterans of Foreign Wars serve as unofficial community centers.
Unfortunately, many of these facilities are not compliant with Americans with Disabilities Act
accessibility standards, are not earthquake retrofitted, or have deteriorated in recent years due to
declining membership and reduced rental revenues as a result of the economic downturn.
The County will support legislation that would create a competitive grant program for veterans’
organizations, classified by the IRS as 501c19 non-profit organizations and comprised primarily
of past or present members of the United States Armed Forces and their family members, to use
for repairs and improvements to their existing facilities.
Volume Pricing – The National Association of Counties supports greater access for local
governments to General Services Administration (GSA) contract schedules. These schedules
provide volume pricing for state and local governments and make public sector procurement
more cost effective. However, current law does not provide full access to state and local
governments for GSA schedules. The County will support legislation that gives local
governments access to these schedules and provides the option of purchasing law enforcement,
security, and other related items at favorable GSA reduced pricing.
Water Quality, Quantity and Delta Outflow – Congress may consider legislation that could
adversely affect water quality, quantity and flows in the Sacramento-San Joaquin Delta to the
detriment of the County residents, economy and resources. The Board of Supervisors will rely
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20
on its adopted Delta Water Platform and adopted resolution on Water, Ecosystem Health and
other Issues Related to the San Francisco Bay and the Sacramento –San Joaquin River Delta (No.
2012-46) to determine the appropriate response to federal legislative issues brought to the
Board’s attention.
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LEGISLATION COMMITTEE 6.
Meeting Date:12/11/2014
Subject:2014 Legislative Session Report and Preview of 2015 Legislative Session
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-26
Referral Name: 2014 Legislative Session Wrap-up and Preview of 2015
Presenter: L. DeLaney, Cathy Christian Contact: L. DeLaney, 925-335-1097
Referral History:
The County's state advocate, Cathy Christian, provides a legislative end of session report each
year that summarizes the key legislative advocacy issues and bills that the County engaged with
during the legislative Session. A preview of 2015 legislative session is also included for the
Legislation Committee's information. The Committee may direct staff as needed.
Referral Update:
2014 Legislative Session Wrap-up from Cathy Christian, Nielsen Merksamer:
The 2014 Budget signed by the Governor and approved by the Legislature was arrived at in a
much more streamlined and less dramatic process than years past, particularly because
Proposition 30 revenue paved the road for eased financial decision-making across the board.
When Governor Brown released his budget proposal in January, the spending plan was generally
deemed prudent and cautious, but a few proposals stirred controversy and were not resolved until
the budget was adopted in June.
One example was the Governor’s proposal to spend 33% of cap-and-trade money on the
California High Speed Rail project, which both the LAO and some stakeholder groups felt was
excessive. Ultimately, the Legislature and the Governor reached a compromise, settling on
spending 29% of cap-and-trade money on the High Speed Rail project in the budget year and 25%
in future years. The remaining funds are dedicated to programs related to sustainable communities
(including housing projects), clean transportation, energy efficiency, natural resources, and waste
diversion, with a particular emphasis on programs in disadvantaged communities.
The budget trailer bill SB 862 outlines the key details of interest to counties: 35% of future cap
and trade proceeds are allocated to transit, housing and other sustainable communities programs
and projects, including (1) 10% for a transit and intercity rail capital program overseen by the
California Transportation Commission (CTC) and Caltrans; (2) 5% for transit operations-
administered by Caltrans and the Air Resources Board; and (3) 20% for housing and sustainable
communities (including planning, active transportation, transit and other supportive
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infrastructure, with not less than half for housing) managed by the Strategic Growth Council and
Air Resources Board.
Another area of contention, which might have implications for other public employers, was the
Governor’s proposed teacher pension fund solvency plan. Governor Brown’s proposal called for
increased contributions from local school districts, but school districts argued that the increased
financial obligation would wipe out any benefit to education programs resulting from increased
state funding. Ultimately, the budget provided for raising the contribution level from 8.25% to
8.8% which was lower than Governor Brown’s proposal of 9.5%.
The Governor continues to advocate for the water conveyance system proposed in the Bay Delta
Conservation Plan – the so-called “twin tunnels” – in order to divert water from the Sacramento
River commencing at an intake location in the North Delta, near the City of Sacramento. State
agencies continue to work with the water contractors to refine the environmental studies
associated with that proposal. The five Delta Counties, including Contra Costa County, are
monitoring that process closely. The Delta Counties also worked extensively on the water bond
placed on the ballot by the Legislature, which was approved by the voters on November 4
(Proposition 1)."
For more information on the bills the County actively advocated for or against, see Attachment A.
2015 Legislative Session: A Preview
On December 1, the California Senate and Assembly convened their organizing sessions for the
2015 Legislative year. The desks remain open for both houses, allowing new bills to be
introduced, but the full Senate and Assembly will not reconvene until January 5.
This week a batch of new bills for the 2015 legislative session were introduced after the
swearing-in of State Legislators for the biennial session. The following is a small sample of the
natural resources/environmental, medical marijuana, and health and human services bills that
were recently introduced and will continue to be monitored by staff as the session gets under way
next year. Many more bills will be introduced up until the Legislature’s bill introduction deadline
of Friday, February 27.
Water
AB 1 (Brown) -- Pending
AB 1, by Assembly Member Cheryl Brown, is similar to legislation that was introduced last year
and failed. This bill would prohibit cities and counties from imposing a fine under any local
maintenance ordinance or other relevant ordinance for a failure to water a lawn or having a brown
lawn during a period for which the Governor has issued a proclamation of a state of emergency
based on drought conditions.
SB 13 (Pavley) – Pending
SB 13, by Senator Fran Pavley, appears to be a legislative vehicle for clean-up amendments to the
Sustainable Groundwater Management Act which was signed into law in September.
SB 20 (Pavley) – Pending
SB 20, by Senator Fran Pavley, would address the availability of reports regarding the digging or
drilling of specified types of wells to the public.
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Medical Marijuana
AB 26 (Jones-Sawyer) – Pending
AB 26, by Assembly Member Reginald Jones-Sawyer, would enact the Medical Cannabis
Regulation and Control Act within a new division of the Department of Alcoholic Beverage
Control. It would establish a framework to regulate and control the mandatory registration of all
entities involved in the commercial cultivation, processing, manufacturing, testing, transportation,
distribution, provision, donation, and sale of medical marijuana in the state.
AB 34 (Bonta) – Pending
AB 34, by Assembly Member Rob Bonta, is a spot bill that expresses legislative intent to
establish a comprehensive and uniform state regulatory structure to govern the cultivation,
processing, testing, and distribution of medical cannabis.
Solid Waste
AB 45 (Mullin) – Pending
AB 45, by Assembly Member Kevin Mullin, is a spot bill that states the Legislature’s intent to
enact legislation that would establish curbside household hazardous waste collection programs,
door-to-door household hazardous waste collection programs. Mr. Mullin carried a bill on the
same subject last year, AB 2371, which would have required cities and counties to review the
effectiveness of its household hazardous waste (HHW) plans and to identify ways to improve the
convenient recycling and disposal of HHW. CSAC has concerns with the curbside approach as
this circumvents existing local household hazardous waste programs.
Climate Change
Several bills were introduced this week dealing with California’s Cap and Trade program and
Climate Change laws. While all bills are still in spot form, they fall under a few specific
categories. The Republicans in both houses have introduced measures – AB 23 (Patterson), SB 1
(Gaines) and SB 5 (Vidak) – that would exempt transportation fuels from the state’s Cap and
Trade Program. The Democrats have also introduced measures related to Cap and Trade
requesting additional information and requiring interim targets. AB 21, by Assembly Member
Perea deals more specifically with the State’s Scoping Plan and would require GHG reduction
targets beyond AB 32, requiring statewide emissions reductions for 2030 to be include in the
state’s GHG planning document. Finally, AB 33, by Assembly Member Quick, would require the
California Air Resources Board to submit a report to the Legislature with updated information on
the implementation of AB 32.
Health and Human Services
Assembly Bill 11 , by Assemblymember Lorena Gonzalez, to add in-home support services
worker to the definition of employee under the Healthy Workplaces, Healthy Families Act
of 2014 beginning July 1, 2016, thereby entitling IHSS workers to accrue one hour of sick
leave for every 30 hours worked.
Senate Bill 4 , by Senator Ricardo Lara, to declare it the Legislature’s intent that all
Californians, regardless of immigration status, have access to affordable health coverage and
care.
Senate Bill 11 , by Senator Jim Beall, to express the intent of the Legislature to enact
legislation to increase the minimum mental health training standard for California Peace
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Officers.
Senate Bill 23 , by Senator Holly Mitchell, to allow the birth of a new child to a family that
has received aid under the CalWORKs program continuously for the prior 10 months, to be
considered for purposes of determining a family’s maximum aid payment.
Senate Bill 36 , by Senator Ed Hernandez, to require the Department of Health Care Services
to submit an application to the federal Centers for Medicare and Medicaid Services for a
waiver to implement a successor 1115 Medicaid Waiver demonstration project.
Staff will monitor these and any other bills of interest to Contra Costa County in 2015. The Legislation Committee
may provide direction to staff, as needed.
Recommendation(s)/Next Step(s):
ACCEPT the report and provide direction to staff and our state advocate, Cathy Christian, as
needed.
Fiscal Impact (if any):
No fiscal impact to the County.
Attachments
Attachment A: 2014 End of Session Report
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TO: David Twa, County Administrator
Lara Delaney, Senior Deputy County Administrator
Contra Costa County
FROM: Cathy Christian
DATE: December 3, 2014
RE: 2014 End of Session Legislative Report
The 2014 Budget signed by the Governor and approved by the Legislature
was arrived at in a much more streamlined and less dramatic process than years
past, particularly because Proposition 30 revenue paved the road for eased
financial decision-making across the board. When Governor Brown released his
budget proposal in January, the spending plan was generally deemed prudent
and cautious, but a few proposals stirred controversy and were not resolved until
the budget was adopted in June.
One example was the Governor’s proposal to spend 33% of cap-and-trade
money on the California High Speed Rail project, which both the LAO and some
stakeholder groups felt was excessive. Ultimately, the Legislature and the
Governor reached a compromise, settling on spending 29% of cap-and-trade
money on the High Speed Rail project in the budget year and 25% in future years.
The remaining funds are dedicated to programs related to sustainable
communities (including housing projects), clean transportation, energy
efficiency, natural resources, and waste diversion, with a particular emphasis on
programs in disadvantaged communities. The budget trailer bill SB 862 outlines
the key details of interest to counties: 35% of future cap and trade proceeds are
allocated to transit, housing and other sustainable communities programs and
projects, including (1) 10% for a transit and intercity rail capital program
overseen by the California Transportation Commission (CTC) and Caltrans; (2)
5% for transit operations administered by Caltrans and the Air Resources Board;
and (3) 20% for housing and sustainable communities (including planning,
active transportation, transit and other supportive infrastructure, with not less
than half for housing) managed by the Strategic Growth Council and Air
Resources Board.
Another area of contention, which might have implications for other
public employers, was the Governor’s proposed teacher pension fund solvency
plan. Governor Brown’s proposal called for increased contributions from local
school districts, but school districts argued that the increased financial obligation
would wipe out any benefit to education programs resulting from increased state
funding. Ultimately, the budget provided for raising the contribution level from
8.25% to 8.8% which was lower than Governor Brown’s proposal of 9.5%. 1
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The Governor continues to advocate for the water conveyance system
proposed in the Bay Delta Conservation Plan – the so-called “twin tunnels” – in
order to divert water from the Sacramento River commencing at an intake
location in the North Delta, near the City of Sacramento. State agencies continue
to work with the water contractors to refine the environmental studies associated
with that proposal. The five Delta Counties, including Contra Costa County, are
monitoring that process closely. The Delta Counties also worked extensively on
the water bond placed on the ballot by the Legislature, which was approved by
the voters on November 4 (Proposition 1).
Bills – SPONSOR
1. SB 673
Author: DeSaulnier
Title: Employees' Retirement: Contra Costa County
Summary: Makes the Contra Costa County retirement system the employer for
purposes of the County Employees Retirement System. Authorizes the board of
retirement to appoint an administrator and personnel as required to accomplish
the work of the board. Authorizes the administrator to make appointments on its
behalf. Provides these employees are employees of the retirement system and not
the county. Exempts such employees from civil service provisions and merit
system rules.
Status: 08/22/2014 Signed by GOVERNOR.
08/22/2014 Chaptered by Secretary of State. Chapter No. 244
Bills – SUPPORT
1. AB 49
Author: Buchanan
Title: License Plates: Breast Cancer Awareness
Summary: Requires the State Department of Health Care Services to apply to
sponsor a breast cancer awareness license plate program. Requires the State
Department of Motor Vehicles to issue license plates under certain conditions.
Authorizes the acceptance and use of donated artwork from artists in the State
for the plate. Requires the revenue from the plates to be deposited in the Breast
Cancer Control Fund.
Status: 09/16/2014 Signed by GOVERNOR.
09/16/2014 Chaptered by Secretary of State. Chapter No. 351
2. AB 380
Author: Dickinson
Title: Spill Response For Railroads
Summary: Requires a rail carrier to report specified information regarding the
transportation of hazardous materials to the Office of Emergency Services.
Requires each rail carrier to maintain a response management communications 2
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center. Requires each rail carrier to provide the office with a summary of the rail
carrier's hazardous materials emergency response plan. Requires the office to
provide a copy of each summary report to each unified program agency. Prohibits
divulging the plan to those unauthorized.
Status: 09/25/2014 Signed by GOVERNOR.
09/25/2014 Chaptered by Secretary of State. Chapter No. 533
3. AB 935
Author: Frazier
Title: Driver's Licenses: Veteran Designation
Summary: Allows an in-person applicant for a driver's license or identification
card to request that the license or care be printed with the word “veteran.”
Requires the applicant to present verification of veteran status on a specified
form. Requires the county veterans service offices to verify an applicant's veteran
status for these purposes. Authorizes an additional fee to a person who requests
such designation.
Status: 09/27/2014 Signed by GOVERNOR
09/27/14 Chaptered by Secretary of State. Chapter No. 644
4. AB 939
Author: Melendez
Title: Pupil and School Personnel Health: Defibrillators
Summary: Authorizes a public school to solicit and received non-state funds to
acquire and maintain an automatic external defibrillator; provides if a school
decides to acquire and maintain, or continue to use an existing defibrillator, the
school would be authorized and encouraged to comply with specified
requirements. Provides the district and employees are not liable for civil damages
for uses or non-uses of the equipment.
Status: 08/30/2013 In SENATE Committee on APPROPRIATIONS: Held
in committee.
5. AB 1324
Author: Skinner
Title: Use Taxes: City of El Cerrito
Summary: Authorizes the City of El Cerrito, if certain requirements are met, to
impose a transactions and use tax for general purposes at no more than a
specified rate, that, in combination with other specified taxes, each would exceed
the combined rate limit provided under the Transactions and Use Tax Law.
Provides this tax rate would not be included in the calculation of the local sales
and use tax limitation in existing law.
Status: 09/29/14 Signed by GOVERNOR
09/29/2014 Chaptered by Secretary of State. Chapter No. 795
6. AB 1455
Author: Campos
Title: Pupils: Bullying: Counseling Services 3
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Summary: Authorizes the superintendent of a school district, the principal of a
school, or the principal's designee to refer a victim of, witness to, or other pupil
affected by, an act of bullying committed on or after a specified date to the school
counselor, school psychologist, social worker, child welfare attendance personnel,
school nurse, or other school support service personnel for case management,
counseling, and participation in an appropriate restorative justice program.
Status: 08/21/2014 Signed by GOVERNOR.
08/21/2014 Chaptered by Secretary of State. Chapter No. 229
7. AB 1637
Author: Frazier
Title: Driver's Licenses: Veteran Designation
Summary: Allows an applicant for a driver's license or identification card to
allow a person to request the driver's license or identification card be printed
with the word VETERAN. Requires the applicant to present to the Department of
Motor Vehicles proof of veteran status with a specified form. Requires the word
VETERAN be printed on the face of the license or card. Authorizes the
Department to charge an additional fee to a person who requests such
designation.
Status: 05/23/2014 In ASSEMBLY Committee on APPROPRIATIONS:
Held in committee.
8. AB 1799
Author: Gordon
Title: Land Use: Mitigation Lands
Summary: Specifies, where a governmental entity or specified district is the
transferee of property, that an endowment or other financial mechanism is not
required if the entity or district provides evidence to the local or State agency that
it possesses an investment-grade credit rating by a nationally recognized rating
organization or other equivalent evidence of financial responsibility and enters
into a contractual agreement enforcing mitigation requirements. Requires related
reporting.
Status: 05/23/2014 In ASSEMBLY Committee on APPROPRIATIONS:
Held in committee.
9. AB 2060
Author: Perez V
Title: Supervised Population Workforce Training Grant Program
Summary: Establishes the Supervised Population Workforce Training Grant
Program. Sets forth grant program eligibility criteria for counties. Provides that
eligible uses for grant funds include vocational training, stipends for trainees, and
apprenticeship opportunities for individuals on probation, mandatory
supervision, and post-release community supervision. Requires a specified report
on the program.
Status: 09/17/2014 Signed by GOVERNOR.
09/17/2014 Chaptered by Secretary of State. Chapter No. 383
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10. AB 2217
Author: Melendez
Title: Pupil and Personnel Health: AEDs
Summary: Authorizes a public school to solicit and receive nonstate funds to
acquire and maintain an automated external defibrillator (AED). Provides that
the employees of the school district are not liable for civil damages resulting from
certain uses, attempted uses or non-uses of an AED. Exempts a public school or
district, that is in compliance with AED requirements, from civil damage liability.
Status: 09/29/2014 Signed by GOVERNOR.
09/29/2014 Chaptered by Secretary of State. Chapter No. 812
11. AB 2228
Author: Cooley
Title: Crisis Nurseries
Summary: Requires crisis nurseries to be licensed to operate overnight
programs. Specifies the maximum capacity. Requires that a licensee designate at
least one lead caregiver, to be present at the crisis nursery at all times when
children are present. Requires the licensee to develop, maintain and implement a
written staff training plan. Requires a crisis nursery to have at least one caregiver
at all times who is trained in pediatric first aid and cardiopulmonary
resuscitation.
Status: 09/28/2014 Signed by GOVERNOR.
09/28/2014 Chaptered by Secretary of State. Chapter No. 735
12. AB 2231
Author: Gordon
Title: State Controller: Property Tax Postponement
Summary: Relates to claims for postponement under the Senior Citizens and
Disabled Citizens Property Tax Postponement Law to include filing a claim,
excluding mobile homes and houseboats, surviving spouse procedures, a related
fund, an increase in the related implementation fee, the lien for postponed
property taxes and recording thereof, the equity requirement for program
participation, the updating of repayment of the postponed taxes, tax-default
sales, nonresidential commercial property, and eligibility.
Status: 09/28/2014 Signed by GOVERNOR.
09/28/2014 Chaptered by Secretary of State. Chapter No. 703
13. AB 2284
Author: Williams
Title: Recycling: Household Batteries Pilot Projects
Summary: Requires the development and funding of local battery recycling
pilot projects which would be required to provide data regarding the
implementation and outcomes of the projects. Requires a review and compilation
of information collected from the projects to be made available to local agencies,
and the development of guidelines to assist local governments. Appropriates
funds deposited in the Integrated Waste Management Account to develop and
fund such projects. 5
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Status: 06/11/2014 To SENATE Committee on ENVIRONMENTAL
QUALITY. Not heard.
14. AB 2325
Author: Perez J
Title: Medi-Cal: CommuniCal
Summary: Requires the State Department of Health Care Services to establish
the Medi-Cal Patient-Centered Communication program to be administered by a
3rd-party administrator, to provide and reimburse for medical interpretation
services to Medi-Cal beneficiaries who are limited English proficient. Establishes
the CommuniCal Program Fund. Requires the Department of Health Care
Services to be the certifying body for CommuniCal certified medical interpreters.
Allows joining labor organizations.
Status: 09/29/2014 Vetoed by GOVERNOR.
15. AB 2381
Author: Bonilla
Title: Private Parking Facilities
Summary: Authorizes a city or county to include in an ordinance or resolution
authorization for the operator of privately owned and maintained off-street
parking facility to regulate unauthorized parking in that facility. Requires a
facility owner or operator to include in a notice of parking violation instructions
that describe the manner in which to contest the violation notice. Prohibits the
owner or operator from filing with, or transmitting to, a related department a
notice of parking violation.
Status: 05/15/2014 To SENATE Committee on TRANSPORTATION AND
HOUSING. Not heard.
16. AB 2393
Author: Levine
Title: Vehicle Registration Fees
Summary: Relates to disbursement of vehicle registration fees. Authorizes a
county to impose the fee, to increase that fee and impose an additional fee.
Increases the additional fee on commercial vehicles. Requires the county to
submit resolutions to impose or increase fees to the Department of Motor
Vehicles prior to the operative date of the fee.
Status: 08/25/2014 Signed by GOVERNOR.
08/25/2014 Chaptered by Secretary of State. Chapter No. 292
17. AB 2402
Author: Buchanan (D) 6
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Title: Noxious Weed Management
Summary: Relates to Noxious Weed Management Account in the Department
of Food and Agriculture Fund and allocation of those funds. Revises the
percentages of those allocations. Revises the purposes for which the percentage of
funds allocated for research may be used to include mapping, risk assessment
and prioritization of weeds. Provides for a grant program. Increases water supply
and flow among the goals that are including in the program.
Status: 08/22/2014 Signed by GOVERNOR.
08/22/2014 Chaptered by Secretary of State. Chapter No. 271
18. AB 2403
Author: Rendon
Title: Local Government: Assessments, fees, and charges
Summary: States that provisions of the State Constitution generally require
that assessments, fees, and charges be submitted to property owners for approval
or rejection after the provisions of written notice and the holding of a public
hearing. Modifies the definition of water to mean water from any source.
Status: 06/28/2014 Signed by GOVERNOR.
06/28/2014 Chaptered by Secretary of State. Chapter No. 78
19. AB 2703
Author: Quirk-Silva
Title: County Veterans Service Officers
Summary: Relates to the disbursement of funds by the Department of Veterans
Affairs for the purpose of supporting county veterans’ service officers pursuant to
the annual Budget Act. Authorizes the Department to develop an allocation
formula based upon performance to encourage innovation and reward
outstanding service by county veterans’ service officers. Requires moneys
appropriated for such purposes in the annual Budget Act to be allocated in
accordance with that formula.
Status: 08/14/2014 In SENATE Committee on APPROPRIATIONS: Held
in committee.
20. ACA 9
Author: Gorell
Title: Voter-Nominated Primary Elections
Summary: Proposes an amendment to the Constitution to provide that, for a
person whose name was written in upon the ballot for the voter-nominated
primary election for a congressional or state elective office, and is one of the top
two vote-getters, to appear as a candidate for that office in the ensuing general
election, the write-in candidate must have received votes at the primary election
equal in number to at least 1 percent of all votes cast for the office at the last
preceding election.
Status: 05/31/2013 In ASSEMBLY, failed passage. Reconsideration
refused.
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21. AJR 39
Author: Hernandez R
Title: Cable and Video Service
Summary: Calls on the United State Congress to amend a specified federal law
to allow states and their municipalities to determine the best use of public,
educational, and government channel support.
Status: 07/07/2014 Chaptered by Secretary of State.
07/07/2014 Resolution Chapter No. 88
22. SB 1
Author: Steinberg (D)
Title: Sustainable Communities Investment Authority
Summary: Authorizes certain public entities of a Sustainable Communities
Investment Area to form a Sustainable Communities Investment Authority to
carry out the Community Redevelopment Law. Provides for tax increment
funding receipt under certain economic development and planning criteria.
Establishes prequalification requirements for receipt of funding. Requires
monitoring and enforcement of prevailing wage requirements within the area.
Excludes certain types of farmland.
Status: 09/12/2013 In SENATE. To Inactive File.
23. SB 33
Author: Wolk (D)
Title: Local Taxation: County of Sonoma: Transactions Tax
Summary: Authorize the County of Sonoma or any city within the county to
impose a transactions and use tax for general purposes, and the county, any city
within the county, or the Sonoma County Transportation Authority to impose a
transactions and use tax for specific purposes, which may include the support of
transportation and road maintenance programs and library services, that would,
in combination with other specified taxes, exceed the combined rate limit if
certain requirements are met.
Status: 08/22/2014 In ASSEMBLY. Referred to Rules Committee and
held.
24. SB 53
Author: De Leon
Title: Ammunition: Purchase Permits
Summary: Requires the Attorney General to maintain copies of ammunition
purchase permits, ammunition transactions and ammunition vendor licenses.
Requires identity verification. Exempts gun shows from ammunition sales
location requirements. Relates to the Prohibited Armed Persons File. Provides
enhancements to the background check system. Authorizes peace officers to
disseminate names of purchasers who are subjects of protective orders to
domestic violence victims. Provides for a victim of domestic violence card. 8
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Status: 08/30/2014 In ASSEMBLY. Read third time. Failed passage.
25. SB 108
Author: Yee
Title: Firearms
Summary: Requires the Department of Justice to conduct a study to determine
effective firearm safe storage measures to reduce unintentional injury and death
caused by firearms. Requires the study to analyze local firearm safe storage
ordinances in the state and firearm safe storage statutes in other states.
Status: 08/22/2013 In ASSEMBLY Committee on PUBLIC SAFETY: Held
in committee. To INTERIM Study.
26. SB 270
Author: Padilla
Title: Solid Waste: Single-Use Carryout Bags
Summary: Prohibits specified stores from providing a single-use carryout bag
to a customer. Requires such stores to meet other requirements regarding
providing recycled paper bags and compostable bags. Requires a bag fee and
creates a related fund. Requires bags sold or provided to a store by a reusable
grocery bag producer to meet specified requirements. Requires certification and
testing and public online information. Allows retail voluntary compliance.
Authorizes local civil penalties and startup loans.
Status: 09/30/2014 Signed by GOVERNOR.
09/30/2014 Chaptered by Secretary of State. Chapter No. 850
27. SB 283
Author: Hancock
Title: CalFresh Eligibility
Summary: Authorizes CalFresh benefits to be paid to an individual who is
convicted in state or federal court of any offense classified as a felony that has as
an element the possession, use, or distribution of a controlled substance.
Provides that if the person is on supervised release, he or she would be ineligible
for benefits during any period of revocation of that supervised release where the
revocation results in incarceration. Authorizes the use of all-county letters or
similar instructions.
Status: 08/30/2013 In ASSEMBLY Committee on APPROPRIATIONS:
Held in committee.
28. SB 391
Author: DeSaulnier
Summary: Enacts the California Homes and Jobs Act of 2013. Imposes a fee to
be paid at the time of the recording of every real estate instrument, paper, or
notice required or permitted by law to be recorded. Requires that revenues sent
quarterly to the Department of Housing and Community Development for 9
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deposit in a related fund. Provides that fund moneys expended for supporting
affordable housing, administering housing programs and the cost of periodic
audits. Requires prevailing wage monitoring and enforcement.
Status: 08/30/2013 In ASSEMBLY Committee on APPROPRIATIONS:
Held in committee.
29. SB 735
Author: Wolk
Title: Sacramento-San Joaquin Delta Reform Act
Summary: Amends existing law that establishes the Delta Stewardship Council
to create a Delta management plan. Authorizes prescribed local entities to enter
into a memorandum of understanding or other written agreement with the
council and the Department of Fish and Wildlife regarding multispecies
conservation plans that describes how the parties would ensure that multispecies
conservation plans that have been adopted or are under development are
consistent with the Delta Plan.
Status: 08/13/2013 In ASSEMBLY Committee on WATER, PARKS AND
WILDLIFE: Not heard.
30. SB 785
Author: Wolk
Title: Design-Build
Summary: Repeals certain authorizations and enacts provisions that would
authorize the Department of General Services, the Department of Corrections
and Rehabilitation, and certain local agencies to use the design-build
procurement process for specified public works. Authorizes the use of such
process by the Marin Healthcare District when contracting for building and
improvements construction to a hospital or health facility at the Marin General
Hospital. Includes the San Diego Unified Port District.
Status: 09/30/2014 Signed by GOVERNOR.
09/30/2014 Chaptered by Secretary of State. Chapter No. 931
31. SB 803
Author: DeSaulnier
Title: Counties: Consolidation of Offices
Summary: Authorizes Contra Costa County to, by ordinance, appoint the
public administrator to the board of supervisors, appoint the same person to the
office of the public administrator and public guardian, and separate the
consolidated offices of district attorney and public administrator.
Status: 07/09/2014 Signed by GOVERNOR.
07/09/2014 Chaptered by Secretary of State. Chapter No. 113
32. SB 848
Author: Wolk
Title: Safe Drinking Water, Water Quality, and Water Supply 10
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Summary: Repeals the provisions of existing law that created the Safe, Clean,
and Reliable Drinking Water Supply Act of 2012. Enacts the Safe Drinking Water,
Water Quality, and Flood Protection Act of 2014 which would authorize the
issuance of bonds pursuant to the State General Obligation Bond Law to finance a
safe drinking water, water quality and water supply program. Provides for the
submission of the bond act to the voters.
Status: 08/18/2014 In SENATE. From third reading. To Inactive File.
33. SB 1000
Author: Monning
Title: Public Health: Sugar-Sweetened Beverages: Warnings
Summary: Establishes the Sugar-Sweetened Beverages Safety Warning Act,
which would prohibit a person from distributing, selling, or offering for sale a
sugar-sweetened beverage in a sealed beverage container, or a multipack of
sugar-sweetened beverages, in this state unless the beverage container or
multipack bears a specified safety warning. Requires the posting of warnings on
vending machines and in places where such beverages are sold in unsealed
containers. Provides civil penalties for violations.
Status: 06/17/2014 In ASSEMBLY Committee on HEALTH: Failed
passage.
34. SB 1014
Author: Jackson
Title: Pharmaceutical Waste: Home Generated: Collection
Summary: Requires the State Board of Pharmacy, upon enactment of federal
regulations, to adopt regulations to implement State drug takeback programs for
the collection and destruction of home-generated pharmaceutical waste. Provides
that the regulations adopted pursuant to these provisions only apply to licensees
of the Board.
Status: 08/13/2014 In ASSEMBLY Committee on APPROPRIATIONS:
Not heard.
35. CA SB 1029
Author: Hancock
Title: CalFresh Eligibility
Summary: Authorizes CalFresh benefits to be paid to an individual who is
convicted of any offense classified as a felony that has as an element the
possession, use, or distribution of a controlled substance. Provides that person on
parole or probation or a fleeing felon to be ineligible for such benefits during any
period of revocation or parole or probation or while a fleeing felon.
Status: 05/29/2014 In SENATE. From third reading. To Inactive File.
36. CA SB 1081
Author: Hernandez E
Title: Federally Qualified Health Centers 11
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Summary: Relates to the Medi-Cal program, the State Department of Health
Care Services and federally qualified health center services. Requires the
department to authorize an alternative payment methodology pilot project that
would be implemented in any county and FQHC willing to participate with
capitated monthly payments for each Medi-Cal managed care enrollee. Requires
an evaluation of the APM pilot project to be conducted by an independent entity.
Status: 05/23/2014 In SENATE Committee on APPROPRIATIONS: Held
in committee.
37. SB 1300
Author: Hancock
Title: Refineries: Turnarounds
Summary: Requires every petroleum refinery employee to submit to the
Division of Occupational Safety and Health, a full schedule for the following
calendar year of planned turnarounds, meaning a planned, periodic shutdown of
a refinery process unit or plant to perform maintenance, overhaul, and repair
operations and to inspect, test, and replace process materials and equipment.
Requires trade secret protection. Requires a refinery employer to provide access
onsite and to provide turnaround documentation.
Status: 09/20/2014 Signed by GOVERNOR.
09/20/2014 Chaptered by Secretary of State. Chapter No. 519
38. SB 1319
Author: Pavley
Title: Groundwater
Summary: Requires the categorizing of each groundwater basin as high-,
medium-, low- or very low priority. Authorizes the designation of certain high-
and medium-priority basins as a probationary basin, if certain criteria are met.
Authorizes the development of an interim plan for a probationary basin if a local
agency has not remedied a deficiency. Removes the authority to implement parts
of the plan or program that is determined to be adequate. Relates to
sustainability goals for each basin.
Status: 09/16/2014 Signed by GOVERNOR.
09/16/2014 Chaptered by Secretary of State. Chapter No. 348
39. SB 1341
Author: Mitchell
Title: Medi-Cal: Statewide Automated Welfare System
Summary: Requires the Statewide Automated Welfare System to be the system
of record for Medi-Cal and to contain all Medi-Cal eligibility rules and case
management functionality. Authorizes the Healthcare Eligibility, Enrollment, and
Retention System (CalHEERS) to house the business rules necessary for an
eligibility determination. Requires CalHEERS to make the business rules
available to the System consortia to determine Medi-Cal eligibility. Requires
notices for the Medi-Cal and premium tax credit programs.
Status: 09/29/2014 Signed by GOVERNOR. 12
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09/29/2014 Chaptered by Secretary of State. Chapter No. 846
40. SB 1455
Author: DeSaulnier
Title: Libraries: Facilities: Comprehensive Assessment
Summary: Requires the State Librarian, using existing resources, to prepare a
comprehensive assessment on the statewide need for the new construction,
renovation, and rehabilitation of public libraries and submit it to specified
entities.
Status: 09/18/2014 Vetoed by GOVERNOR.
41. SJR 10
Author: Lieu
Title: Workforce Investment Act: Reauthorization
Summary: Urges the Congress of the United States to reauthorize the federal
Workforce Investment Act and to include specified policies and strategies in
support of the Act.
Status: 09/12/2013 Chaptered by Secretary of State.
09/12/2013 Resolution Chapter No. 121
Bills – OPPOSE
1. AB 616
Author: Bocanegra
Title: Local Public Employee Organizations: Dispute: Panels
Summary: Relates to local public employee organizations. Requires an
organization request for submit a dispute to a factfinding panel to be in writing.
Provides if either party disputes that a genuine impasse has been reached, the
issue of whether the impasse exists may be submitted to the Public Employees
Relations Board for resolution before the dispute is submitted to a factfinding
panel. Authorizes each party to select a person to serve as its member of the
factfinding panels.
Status: 08/30/2013 In SENATE Committee on APPROPRIATIONS: Held
in committee.
2. AB 1621
Author: Lowenthal B
Title: Emergency Medical Services: Data and Information System
Summary: Requires the Emergency Medical Services Authority to utilize its
State Emergency Medical Services Information System and adopt a single
statewide standard for the collection of information regarding prehospital care to
determine and monitor the quality and effectiveness of the statewide emergency
medical services system, compliant with national standards, and to avoid
unnecessary duplication of collection at a local level, and to develop regulations
for electric patient care records for local agencies. 13
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Status: 08/14/2014 In SENATE Committee on APPROPRIATIONS: Held
in committee.
3. CA AB 2126
Author: Bonta (D)
Title: Meyers Milias Brown Act Mediation
Summary: Amends the Meyers-Milias-Brown Act. Permits either party to
contract negotiations to request mediation and agree upon a mediator.
Authorizes the Public Employee Relations Board to appoint a mediator upon
request. Relates to a waiver of such request if the public agency has a impasse
procedure. Authorizes certain collective bargaining negotiation differences to
apply to these provisions.
Status: 09/30/2014 Vetoed by GOVERNOR.
4. AB 2686
Author: Perea
Title: Clean, Safe, and Reliable Water Supply Act of 2014
Summary: Repeals the Safe, Clean, and Reliable Drinking Water Supply Act of
2012. Enacts the Clean, Safe, and Reliable Water Supply Act of 2014, which, if
adopted by the voters, would authorize the issuance of bonds in an unspecified
amount, to finance a clean, safe, and reliable water supply program. Provides for
the submission of the bond act to the voters at a statewide general election.
Status: 08/06/2014 In ASSEMBLY Committee on APPROPRIATIONS:
Not heard.
5. SB 1250
Author: Hueso
Title: Safe, Clean and Reliable Drinking Water Supply Act
Summary: Repeals the Safe, Clean and Reliable Drinking Water Supply Act of
2012 that would authorize the issuance of bonds to finance a safe drinking water
and water supply reliability program. Enacts the Safe, Clean, and Reliable
Drinking Water Supply Act of 2014, which, if adopted by voters would authorize
the issuance of State General Obligation Bonds in a specified amount to finance a
safe drinking water and water supply program.
Status: 05/13/2014 In SENATE Committee on NATURAL RESOURCES
AND WATER: Not heard.
Bills – WATCH
1. AB 37
Author: Perea
Title: Unemployment Insurance: Reporting: Status of Funds
Summary: Requires the Employment Development Department, when the
Unemployment Fund indicates a negative balance, to include a status report on
the Fund the estimated cost impact on employers from the changes in a specified 14
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federal tax credit and the estimated amount the state is expected to pay in
interest on any outstanding loan to the federal government.
Status: 08/25/2014 In SENATE. From third reading. To Inactive File.
2. AB 209
Author: Pan
Title: Medi-Cal: Managed Care: Quality/Access/Utilization
Summary: Requires the Department of Health Care Services to develop and
implement a plan to monitor, evaluate, and improve the quality, accessibility, and
utilization of health care and dental services provided through Medi-Cal managed
care. Requires the department to hold quarterly public meetings to report on,
among other things, performance measures and quality and access standards,
and to invite public comments. Requires the department to appoint an advisory
committee, with specified responsibilities.
Status: 08/27/2014 In SENATE. Read second time. To third reading, not
considered.
3. AB 229
Author: Perez J
Title: Infrastructure and Revitalization Financing Districts
Summary: Authorizes the creation by a city, county, city and county, and joint
powers authority, of an infrastructure and revitalization financing district and the
issuance of debt with voter approval. Authorizes the creation of a district and the
issuance of debt. Authorizes a district to finance projects in redevelopment
project areas and former redevelopment project areas and former military bases.
Status: 09/29/2014 Signed by GOVERNOR.
09/29/2014 Chaptered by Secretary of State. Chapter No. 775
4. AB 243
Author: Dickinson
Title: Local Government: Infrastructure Financing Districts
Summary: Authorizes the creation of an infrastructure and revitalization
financing district and the issuance of debt with voter approval. Authorizes a
district to finance projects in redevelopment project areas and former
redevelopment project areas and former military bases if special conditions are
met. Authorizes a district to fund various projects, including watershed land used
for the collection and treatment of water for urban uses, flood management, open
space, habitat restoration and development purposes.
Status: 08/07/2014 In ASSEMBLY. Ordered returned to SENATE. Not
considered.
5. AB 690
Author: Campos
Title: State Government: International Relations
Summary: Repeals and recasts the provisions of existing law that requires the
California-Mexico Border Relations Council to coordinate activities of State 15
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agencies that are related to cross-border programs, initiatives, projects, and
partnerships that exist within State government.
Status: 09/28/2014 Signed by GOVERNOR.
09/28/2014 Chaptered by Secretary of State. Chapter No. 716
6. AB 1179
Author: Bocanegra
Title: Recycling: Waste Tires: Public Works Project
Summary: Authorizes the Department of Resources Recycling, when awarding
grants pursuant to the tire recycling program, to award grants for public works
projects to create parklets, greenways, or both, that use tire-derived products.
Requires the Department, if it awards those grants, to give priority for funding to
those projects in disadvantaged communities.
Status: 09/26/2014 Signed by GOVERNOR.
09/26/2014 Chaptered by Secretary of State. Chapter No. 589
7. AB 1331
Author: Rendon
Title: Clean, Safe, and Reliable Drinking Water Act of 2014
Summary: Repeals the provisions that would create the Safe, Clean and
Reliable Drinking Water Supply Act of 2012. Enacts the Clean, Safe and Reliable
Drinking Water Act of 2014, which, if adopted by the voters, would authorize the
issuance of bonds in a specified amount pursuant to the State General Obligation
Bond Law to finance a clean and safe drinking water program.
Status: 06/18/2014 Withdrawn from SENATE Committee on
GOVERNANCE AND FINANCE. Held in Rules Committee.
8. AB 1445
Author: Logue
Title: Water Infrastructure Act of 2014
Summary: Repeals the provisions that would create the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012. Enacts the State Water
Infrastructure Act of 2014. Authorizes the issuance of bonds in a specified
amount to finance a public benefit associated with water storage and water
quality improvement projects.
Status: 02/14/2014 To ASSEMBLY Committee on WATER, PARKS AND
WILDLIFE. Not heard.
9. AB 1449
Author: Perez V
Title: Realignment Omnibus Act of 2014
Summary: Relates to the Realignment Omnibus Act of 2014. Requires any
person released from prison who has a prior conviction for certain crimes to be
subject to parole supervision by the Department of Corrections and 16
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Rehabilitation and the jurisdiction of the court in the county in which the parolee
is released, resides, or in which an alleged violation of supervision has occurred.
Status: 04/30/2014 From ASSEMBLY Committee on PUBLIC SAFETY
without further action pursuant to JR 62(a).
10. AB 2043
Author: Bigelow
Title: Safe Clean and Reliable Drinking Water Supply Act
Summary: Repeals provisions of the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012. Enacts the Safe, Clean, and Reliable Water Supply Act of
2014, which, if adopted by votes, would authorize the issuance of bonds in a
specified amount to finance a safe drinking water and water supply reliability
program.
Status: 08/06/2014 In ASSEMBLY Committee on APPROPRIATIONS:
Not heard.
11. AB 2403
Author: Rendon
Title: Local Government: Assessments, fees, and charges
Summary: States that provisions of the State Constitution generally require
that assessments, fees, and charges be submitted to property owners for approval
or rejection after the provisions of written notice and the holding of a public
hearing. Modifies the definition of water to mean water from any source.
Status: 06/28/2014 Signed by GOVERNOR.
06/28/2014 Chaptered by Secretary of State. Chapter No. 78
12. AB 2463
Author: Dickinson
Title: Water: Plans
Summary: Requires the Department of Water Resources to partner with the
Regional Water Authority, water suppliers in El Dorado, Placer, Sacramento, and
Placer counties, and other interested agencies to develop a plan for investing in
water supplies and other facilities in order to contribute to the reliability of water
supplies for the Sacramento region's communities and environmental resources
while also generating statewide benefits.
Status: 05/23/2014 In ASSEMBLY Committee on APPROPRIATIONS:
Held in committee.
13. AB 2554
Author: Rendon
Title: Clean, Safe, and Reliable Drinking Water Act of 2014
Summary: Repeals the Safe, Clean, and Reliable Drinking Water Act of 2012
that would authorize the issuance of bonds to finance a safe drinking water and
water supply reliability program via a bond act if passed by the voters at a
statewide general election. Enacts the Clean, Safe, and Reliable Drinking Water
Act of 2014 to authorize bonds in a specified amount to finance a clean, safe, and 17
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reliable drinking water program if passed by the voters at a statewide general
election.
Status: 04/29/2014 From ASSEMBLY Committee on WATER, PARKS
AND WILDLIFE to APPROPRIATIONS. Not heard.
14. AB 2701
Author: Gonzalez
Title: Groundwater Basins: Investigation and Report
Summary: Makes a technical, nonsubstantive change to existing law that
requires the Department of Water Resources, in conjunction with other public
agencies, to conduct an investigation of the state's groundwater basins and to
report its findings to the Governor and the Legislature.
Status: 02/21/2014 INTRODUCED. Not heard.
15. ACA 3
Author: Campos
Title: Local Government Finance: Public Safety Services
Summary: Authorizes the imposition, extension, or increase of a special tax for
funding fire, emergency response, police, or sheriff services, upon the approval of
55% of the voters voting. Creates an additional exception to the 1% limit for a rate
imposed by a city, county, or special district to service bonded indebtedness
incurred to fund certain fire, emergency response, police, or sheriff buildings or
facilities, and equipment that is approved by 55% of the voters of the city, county,
or special district.
Status: 04/04/2013 To ASSEMBLY Committees on LOCAL
GOVERNMENT and APPROPRIATIONS. Not heard.
16. ACA 8
Author: Blumenfield
Title: Local Government Financing: Voter Approval
Summary: Proposes an amendment to the Constitution to create an additional
exception to the 1% limit for an ad valorem tax rate imposed by a city, county, city
and county, or special district, to service bonded indebtedness incurred to fund
specified public improvements and facilities, or buildings used primarily to
provide sheriff, police,or fire protection services, that is approved by 55% of the
voters of the city, county, city and county, or special district.
Status: 06/27/2013 To SENATE Committees on GOVERNANCE AND
FINANCE and ELECTIONS AND CONSTITUTIONAL
AMENDMENTS. Not heard.
17. SB 133
Author: DeSaulnier
Title: Redevelopment
Summary: Amends the Community Redevelopment Law. Requires a
redevelopment agency to include additional information relating to any major
audit violations, any corrections of those violations, and planning and general
administrative expenses of the Low and Moderate Income Housing Fund. 18
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Authorizes quality control reviews by the Controller and the publishing of those
reviews. Requires audits of such agencies to ensure compliance with the law.
Relates to funding for housing construction and/or rehabilitation.
Status: 09/29/2014 Vetoed by GOVERNOR.
18. SB 570
Author: DeSaulnier
Title: Advanced Alcohol and Drug Licensing Act
Summary: Amends existing law that provides for the registration, certification,
and licensure of various health arts professionals. Establishes licensure and
registration provisions relating to advanced alcohol and drug counselors and
advanced alcohol and drug counselor interns to be administered by the newly
created licensing board. Makes a violation a misdemeanor. Authorizes the
assessment of related fees and for the deposit of such funds into a related fund.
Status: 08/14/2014 In ASSEMBLY Committee on APPROPRIATIONS:
Held in committee.
19. SB 617
Author: Evans
Title: California Environmental Quality Act
Summary: Amends various provisions of the California Environmental Quality
Act. Requires that notices regarding environmental impact reports filed by lead
agencies need to be filed with the Office of Planning and Research and the county
clerk and posted by that clerk for public review. Provides additional duties
regarding notices by the Office and the clerk. Requires a statement in the report
regarding the placement of the project near natural hazards or adverse
environment conditions. Repeals specified exemptions.
Status: 02/06/2014 In SENATE. Died on file pursuant to Joint Rule 56.
20. SB 628
Author: Beall
Title: Enhanced Infrastructure Financing Districts
Summary: Authorizes a local government body to establish an enhanced
infrastructure financing district to finance capital facilities and other project to
include brownfield restoration, projects on a former military base, and low and
moderate income housing. Requires specific events to occur before the district
can implement a financing plan. Authorizes projects through tax increment
financing. Authorizes projects that are located or overlap in a redevelopment area
or a former redevelopment project area.
Status: 09/29/2014 Signed by Governor
09/29/2014 Chaptered by Secretary of State. Chapter No. 785
21. SB 633
Author: Pavley
Title: State Parks
Summary: Requires the Department of Parks and Recreation to make a report
to the Legislature addressing the Department's energy costs, projects that could 19
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reduce those costs, and potential energy-related infrastructure projects. Requires
the Department to establish a pilot program for mobile food and beverage
services and to report on the suitability, increase in visitation, and visitor
satisfaction. Relates to the sales of park passes through vendors. Allows a
taxpayer to make a parks related donation.
Status: 09/26/2014 Vetoed by GOVERNOR.
22. SB 837
Author: Steinberg
Title: Early Childhood Education: Professional Development
Summary: Allocates a certain amount of moneys appropriated in the Budget
Act of 2014, for purposes of professional development stipends for teachers in
transitional kindergarten and teachers in the State preschool program. Requires
the State Department of Education to consult with various entities, including the
California Community Colleges, for purposes of administering related provisions
of existing law.
Status: 08/14/2014 In ASSEMBLY Committee on APPROPRIATIONS:
Held in committee.
23. SB 927
Author: Cannella
Title: Safe, Clean, and Reliable Drinking Water Supply Act
Summary: Renames the Safe, Clean, and Reliable Drinking Water Supply Act
of 2012 as the Safe, Clean, and Reliable Drinking Water Supply Act of 2014 and
makes conforming changes. Authorizes the issuance of bonds in a specified
amount by reducing the amount available for projects related to drought relief
and water supply reliability.
Status: 04/22/2014 In SENATE Committee on NATURAL RESOURCES
AND WATER: Failed passage.
24. SB 979
Author: Beall
Summary: Amends existing law that authorizes a local employee organization
to request that the differences in negotiations regarding wages, hours, and other
terms and conditions of employment be submitted to a fact finding panel.
Provides that the differences under existing law include those differences that
arise from any dispute over any matter within the scope of representation as to
which an obligation to meet and confer exists and are not limited to negotiations
after impasse.
Status: 03/19/2014 Re-referred to SENATE Committee on PUBLIC
EMPLOYMENT AND RETIREMENT. Not heard.
25. SB 1049
Author: Pavley
Title: Integrated Regional Water Management Plans 20
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Summary: Amends the Integrated Regional Water Management Planning Act.
Includes projects or programs that reduce energy used to acquire, transport,
treat, or distribute water, or that develop and and maintain computer models and
analytic tools to model regional water management strategies as a regional
project or program. Requires a regional water management group to include all
water suppliers that are within a watershed area, the area over a groundwater
basin or sub-basin, or the area within a county's boundaries.
Status: 05/23/2014 In SENATE Committee on APPROPRIATIONS: Held
in committee.
26. SB 1086
Author: De Leon
Title: The Safe Neighborhood Parks, Rivers, & Coastal Bond Act
Summary: Enacts the Safe Neighborhood Parks, Rivers, and Coastal Protection
Bond Act of 2014, which, if adopted by the voters, would authorize the issuance of
bonds in an unspecified amount pursuant to the State General Obligation Bond
Law to finance a safe neighborhood parks, rivers, and coastal protection program.
Status: 08/21/2014 In SENATE. From third reading. To Inactive File.
27. SB 1292
Author: Hueso
Title: Safe Drinking water State Revolving Fund
Summary: Relates to the Safe Drinking Water State Revolving Fund. Increases
the maximum amount of a construction grant award for a water system serving
severely disadvantaged communities.
Status: 09/29/2014 Vetoed by GOVERNOR.
28. SB 1370
Author: Galgiani
Title: Reliable Water Supply Bond Act of 2014
Location: Senate Natural Resources and Water Committee
Summary: Repeals the Safe, Clean, and Reliable Drinking Water Supply Act of
2012. Enacts the Reliable Water Supply Bond Act of 2014 to finance surface water
storage projects.
Status: 04/08/2014 In SENATE Committee on NATURAL RESOURCES
AND WATER: Heard, remains in Committee.
29. SB 1393
Author: Torres
Title: Community Development: Redevelopment Successor Agencies
Summary: Makes technical, nonsubstantive changes to the Community
Redevelopment Law that authorizes the establishment of redevelopment agencies 21
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in communities to address the effects of blight and provides for the designation
successor agencies to act as successor entities.
Status: 03/13/2014 To SENATE Committee on RULES.
30. SB 1447
Author: Fuller (R)
Title: Bay Delta Conservation Plan: Judicial Review
Summary: States the intent of the Legislature to enact legislation establishing
judicial review procedures for the Bay Delta Conservation Plan.
Status: 03/13/2014 To SENATE Committee on RULES.
31. SB 1462
Author: Wolk
Title: Local Government: Omnibus Bill
Summary: Relates to fictitious business name statements. Authorizes the
Sacramento County Board of Supervisors to designate, by resolution, another
county officer to perform certain duties. Relates to leasing of certain property, the
Law Library Fund, bonds, property tax revenue, securitization of limited
obligation notes, noise elements of planning and zoning laws, assessments under
the Property and Business Improvement District Law, public hearings, and
owners' associations under contract with a local entity.
Status: 08/15/2014 Signed by GOVERNOR.
08/15/2014 Chaptered by Secretary of State. Chapter No. 201
32. SCA 3
Author: Leno
Title: Public Information
Summary: Proposes an amendment to the Constitution to require each local
agency to comply with the State Public Records Act and the Brown Act and with
any statutory enactment amended either act, enacting a successor act, or
amending any successor act which contains findings demonstrating that the
statutory enactment furthers the purposes of the people's right of access to
information concerning the conduct of the people's business. Regards the
subvention of funds.
Status: 09/20/2013 Chaptered by Secretary of State.
09/20/2013 Resolution Chapter No. 123
33. SCA 4
Author: Liu
Title: Local Government Transportation Project: Voter Approval
Summary: Proposes an amendment to the Constitution to provide the
imposition, extension, or increase of a special tax by a local government for the
purpose of providing funding for local transportation projects requires the
approval of a related proposition that includes certain requirements. Prohibits
the local government from expending any revenues derived from a special
transportation tax approved by the voters at any time prior to the completion of a
identified capital project funded by specified revenues. 22
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Status: 08/29/2013 Re-referred to SENATE Committee on
APPROPRIATIONS.
34. SCA 6
Author: DeSaulnier
Title: Initiative Measures: Funding Source
Summary: Proposes an amendment to the Constitution to prohibit an initiative
measure that would result in a net increase in state or local government costs,
from being submitted to the electors or having any effect unless and until the
Legislative Analyst and the Director of Finance jointly determine that the
initiative measure provides for additional revenues in an amount that meets or
exceeds the net increase in costs.
Status: 05/24/2013 In SENATE. Read second time. To third reading. Not
considered.
35. SCA 7
Author: Wolk
Title: Public Libraries
Summary: Proposes an amendment to the Constitution relative to public
libraries. Relates to ad valorem tax rates. Creates exception to a specified limit for
a rate imposed by a city, county, city and county, or special district to service
bonded indebtedness incurred to fund public library facilities. Authorizes the
imposition, extension, or increase of a special tax imposed for the purpose of
funding public libraries, upon approval of a specified percentage of the voters
voting on the proposition.
Status: 06/27/2013 Re-referred to SENATE Committee on
APPROPRIATIONS.
36. SCA 8
Author: Corbett
Title: Transportation Projects: Special Taxes: Voter Approval
Summary: Proposes an amendment to the Constitution to provide that the
imposition, extension, or increase of a special tax by a local government for the
purpose of providing funding for transportation projects requires the approval of
55% of its voters voting on the proposition, if the proposition includes certain
requirements.
Status: 08/29/2013 Re-referred to SENATE Committee on
APPROPRIATIONS.
37. SCA 9
Author: Corbett
Title: Local Government: Economic Development: Special Taxes
Summary: Proposes an amendment to the Constitution to provide that the
imposition, extension, or increase of a special tax by a local government for the
purpose of providing funding for community and economic development projects 23
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requires the approval of a specified percentage of its voters voting on the
proposition, if the proposition contains specified requirements.
Status: 06/27/2013 Re-referred to SENATE Committee on
APPROPRIATIONS.
38. SCA 11
Author: Hancock
Title: Local Government: Special Taxes: Voter Approval
Summary: Proposes an amendment to the Constitution to condition the
imposition, extension, or increase of a special tax by a local government upon the
approval of 55% of the voters voting on the proposition, if the proposition
proposing the tax contains specified requirements.
Status: 06/27/2013 Re-referred to SENATE Committee on
APPROPRIATIONS.
24
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LEGISLATION COMMITTEE 7.
Meeting Date:12/11/2014
Subject:Draft 2015 State Legislative Platform
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-42
Referral Name: Draft 2015 State Legislative Platform
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Each fall, the County Administrator’s Office initiates the development of the coming year’s State
and Federal Legislative platforms by inviting members of the Board of Supervisors, Department
Heads and key staff, and our federal and state advocates to provide recommended changes or
additions to the current Platforms.
In October, departments were invited to provide suggested changes to the State Platform by
submitting input in writing.
The Legislation Committee reviewed the first draft 2015 State Platform at its meeting in
November and provided direction to staff. An amended Proposed 2015 State Platform is presented
for the consideration and action by the Legislation Committee.
Referral Update:
Amendments from the first draft 2015 State Platform include for the Committee's consideration
and direction the following in the Proposed 2015 State Platform for adoption by the Board of
Supervisors:
1. County Sponsored Legislation : Pursue legislation to improve traffic safety around schools in
an effort to increase the walk/bike rate to school. Specifically the bill would do three things –
increase the prescriptive size of the school zone to 1320 feet (a quarter mile);1.
authorize performance methods for further expanding the zone - essentially an agency could
perform a traffic study to establish the need to further expand the zone to be reflective of
actual pedestrian/bicycle access patterns around schools, and
2.
enhance penalties for speeding violations in those newly defined zones.3.
2. Minor text changes to the County Advocacy Priorities.
3. Minor text change to Agricultural Policy #3 regarding revisions to State school siting policies.
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4. Health Policy Addition #83: SUPPORT and encourage state, federal and/or private funding for
pharmaceutical research for the development of new cannabis products which would meet
Federal Drug Administration (FDA) standards of known strengths and attributes (and without
unnecessary side effects) which would be dispensable through pharmacies and medical facilities
consistent with State and Federal law.
5. Policy text changes to Human Services Policy #84 to increase County flexibility in the use of
CalWORKs funds and in program requirements in order to better support the transition of welfare
dependent families from welfare-to-work to self-sufficiency.
6. Human Services Policy Addition #95: SUPPORT efforts to increase the number of subsidized
child care slots to address the shortage of over 20,000 slots serving children 0-12 years of age in
Contra Costa County; and SUPPORT efforts to enhance the quality of early learning programs
and maintain local Quality Rating and Improvement Systems (QRIS) for early learning providers.
Affordable child care is key to low-income workers remaining employed and there is a
significant dearth of subsidized child care slots. Increasing quality of early learning is important
to developing skills in the next generation .
7. Human Services Policy Addition #96: SUPPORT the restoration of funding for Facility
Restoration and Repair (FRR) grants by California Department of Education. Increasing the
funding amounts for facility restoration of early childhood education would allow for improved
facilities at Head Start sites.
8. Policy Addition #98: SUPPORT alignment of verification requirements for CAlWORKS,
CalFRESH and Medi-Cal programs to simplify the customer experience and reduce the potential
for error. Consider letting all programs access the Federal Hub used through CalHEERs.
Currently these programs have different requirements for client verification, though they are all
benefit programs. Alignment of verifications would make program administration more efficient
and improve the client experience.
9. Policy Additions #100-103: 100. SUPPORT ending the student restrictions that disallow
CalFresh for poor students. Students should not be penalized for getting an education.
101. SUPPORT Allowing all individuals in receipt of Unemployment Benefits UIB) to be
automatically eligible for CalFresh. Applying for UI and CalFresh is duplicative because
requirements of both program sis so similar. This would increase CalFresh uptake in an efficient
way.
102. SUPPORT A State Earned Income Tax Credit. Developing a state earned income tax credit
would incentivize work and reduce poverty. The Federal EITC program is the most effective
government antipoverty program and 22 other states have a state EITC.
103. SUPPORT establishing a State funded and administered General Assistance Program. The
General Assistance Program is 100% County funded. Moving it to the State would relieve
pressure on the County budget and appropriately direct costs to the State.
10. Transportation Policy Addition #152: SUPPORT legislative and administrative measures to
enhance rail safety, increase state oversight of railroad bridges, provide funding for the training
of first responders, and implement regulations that increase tank car safety standards for cars
transporting crude oil and other hazardous materials, and regulations that require railroads to
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share data with state emergency managers and local responders.
11. Text addition to Waste Management Policy #156: Adding "sharps, and batteries" for producer
responsibility management.
Recommendation(s)/Next Step(s):
REVIEW the Proposed 2015 State Legislative Platform, provide direction to staff on any
recommended changes, and RECOMMEND action to the Board of Supervisors.
Fiscal Impact (if any):
No fiscal impact to the County.
Attachments
2015 Proposed State Platform
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Proposed 2015 STATE
LEGISLATIVE
PLATFORM
Contra Costa County
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Contra Costa County 1
Table of Contents
COUNTY-SPONSORED LEGISLATION ............................................................................................... 2
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES ............................................................. 2
STATE PLATFORM POLICY POSITIONS .......................................................................................... 6
Agricultural Issues .................................................................................................................................... 6
Animal Services Issues ............................................................................................................................. 7
Child Support Services Issues ................................................................................................................... 8
Climate Change Issues .............................................................................................................................. 9
Delta Water Platform ................................................................................................................................ 9
Elections Issues ......................................................................................................................................... 9
Emergency Preparedness, Emergency Response .................................................................................... 10
Eminent Domain Issues .......................................................................................................................... 10
Flood Control and Clean Water Issues .................................................................................................... 10
General Revenues/Finance Issues ........................................................................................................... 11
Health Care Issues ................................................................................................................................... 14
Human Services Issues ............................................................................................................................ 16
Indian Gaming Issues .............................................................................................................................. 19
Land Use/Community Development Issues ............................................................................................ 19
Law and Justice System Issues ............................................................................................................... 22
Library Issues .......................................................................................................................................... 26
Telecommunications Issues .................................................................................................................... 26
Transportation Issues .............................................................................................................................. 26
Veterans Issues ........................................................................................................................................ 28
Waste Management ................................................................................................................................. 29
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Proposed 2015 Platform 2
2015 STATE LEGISLATIVE PLATFORM
CONTRA COSTA COUNTY
Each year, the Board of Supervisors adopts a State Legislative Platform that establishes
priorities and policy positions with regard to potential State legislation and regulation. The
State Legislative Platform includes County-sponsored bill proposals, legislative or regulatory
advocacy priorities for the year, and policies that provide direction and guidance for
identification of and advocacy on bills which would affect the services, programs or finances of
Contra Costa County.
COUNTY-SPONSORED LEGISLATION
Pursue legislation to improve traffic safety around schools in an effort to increase the walk/bike
rate to school. Specifically the bill would do three things –
1. increase the prescriptive size of the school zone to 1320 feet (a quarter mile);
2. authorize performance methods for further expanding the zone - essentially an
agency could perform a traffic study to establish the need to further expand the
zone to be reflective of actual pedestrian/bicycle access patterns around schools,
and
3. enhance penalties for speeding violations in those newly defined zones.
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
Each year, issues emerge through the legislative process that are of importance to the County
and require advocacy efforts. For 2015, it is anticipated that critical issues requiring legislative
advocacy will include the following:
Priority 1: State Budget – The state’s continuing economic recovery, prior budget cuts, and the
additional, temporary taxes provided by Proposition 30 have combined to bring the State Budget
to a much improved financial condition. The Legislative Analyst’s Office is now reporting an
outlook for 2015–16 characterized by moderate revenue growth, which supports an underlying
spending increase of about 4 percent. Under their forecast, 2015–16 would end with $4.2 billion
in total reserves assuming no new budget commitments. This total includes an estimated $2
billion deposit in the rainy–day fund in 2015–16 under the new rules passed by voters in
Proposition 2.
A long-standing practice of state government has been to look to counties as a means of
balancing its budget. While opportunities to do so are more limited with the passage of
Proposition 1A, the state has been creative in its efforts to include counties as part of its budget
balancing solution and may do so at some point in the future through additional program
realignment and/or revenue reductions.
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Contra Costa County 3
Of particular concern to counties is the inadequate reimbursement for our ever-increasing cost of
operating several human services programs: the “Human Services Funding Deficit,” formerly
referred to as the “Cost of Doing Business.” The annual shortfall between actual county
expenses and state reimbursement has grown to over $1 billion since 2001, creating a de facto
cost shift to counties. The funding gap forces counties to reduce services to vulnerable
populations and/or divert scarce county resources from other critical local services. It also
increases the risk of state and federal penalties.
Priority 2: Health Care – Counties play a critical role in California’s health reform efforts.
Counties serve as employers, payers, and providers of care to vulnerable populations.
Consequently, counties stand ready to actively participate in discussions of how to best reform
the health care system in California and implement the national health care reform legislation
passed in 2010, The Patient Protection and Affordable Care Act (ACA).
The optional Medi-Cal Expansion, in effect on Jan. 1, 2014, was a significant part of the State
Budget process in 2013. (The mandatory expansion includes changes to eligibility and
enrollment for populations currently eligible for Medicaid and is estimated to cost the state
General Fund $350 million.) The ACA had required states to expand Medicaid programs to
allow childless adults at or below 138 percent of poverty to be eligible for Medicaid (known as
Medi-Cal in California). The Supreme Court struck down that mandate but allowed it to be an
option for states, which California has exercised.
The Governor’s proposed Budget provided two options for that optional expansion: a “state
option” and a “county option.” Governor Brown announced in his proposed budget that he
intended to either realign the county responsibility to provide medical care to indigent adults to
include providing care to Medicaid eligible adults or recoup as much of the 1991 health
realignment funding from counties as possible. CSAC successfully redirected the realignment
effort and instead negotiated a fiscal transaction that reflects the shift of indigent adults to the
state’s Medi-Cal program.
However, significant unknowns remain including questions about the actual impact of the ACA
coverage expansions on counties and the number of uninsured individuals to whom counties will
still need to provide services. Counties will retain the Section 17000 responsibility, and there
will be significant variations in the impacts of both the ACA and AB 85 for the different types of
counties: county hospital (12 counties including Contra Costa County), payor/clinic and County
Medical Services Program (CMSP) counties.
In the coming year, the County will continue to work on the implementation of required health
care reform measures to maximize federal revenue. The County will support efforts to provide
counties with the necessary tools to implement health care reform which may include performing
eligibility and enrollment, preserving existing county resources from 1991 Realignment,
providing for a smooth transition in 2014 for the various operational systems, and supporting
legislation to ensure that low-income families are covered under the Affordable Care Act while
opposing legislation which would reduce Medi-Cal eligibility. In addition, the County will
continue to work to reduce uncompensated health care costs and on the adequacy of rates under
the new health care system.
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Proposed 2015 Platform 4
Priority 3: Water and Levees /The Sacramento-San Joaquin Delta – The enactment of the
Delta Reform Act (2009), a bill that established the co-equal goals for reliable water supply and
ecosystem restoration for the Delta, created the Delta Stewardship Council as the state entity
overseeing the Delta through the proposed Delta Plan, and supported the proposed Bay Delta
Conservation Plan (BDCP)--an effort to construct a pair of massive tunnels under the Delta--will
bring significant, large-scale change to the Delta as we know it. The scope and content of these
changes, as well as enduring political battles between northern and southern California over
water, will continue to guide legislative and administrative agendas in the coming year. Enabling
legislation was also passed in 2009 for a state water bond, which was delayed from the 2010
ballot and again from the 2012 ballot but successfully passed on the 2014 state ballot, as
Proposition 1.
Significant future impacts upon the County in the areas of water quality and supply, levee
stability, ecosystem health, local land use authority and flood control are anticipated.
Consideration should be given to the potential for the County to sponsor Delta-related legislation
through our legislative delegation. The County may also work with the Delta Counties Coalition
(DCC) to sponsor Delta-related legislation.
Particular areas of concern for 2015 include, but are not limited to: (1) the ongoing development
of the BDCP project and whether the state water bond appropriates funds specific to the BDCP;
(2) the impacts of the Delta Plan on local land use authority, efforts to expedite state bond
funding for levee improvement projects, and the development of flow standards that will impact
water quality and ecosystem health in the Delta. The County’s adopted Delta Water Platform, as
well as the Strategic and Action Plans, are incorporated in this Platform by reference.
Priority 4: Realignment Implementation – The battle for constitutional protections for 2011
Realignment concluded successfully on November 6, 2012 when Proposition 30 was passed by
the voters. Proposition 30 provides constitutional guarantees to the funding that supports
Realignment and safeguards against future program expansion without accompanying funding.
With these provisions in place, Contra Costa County can continue to implement the array of
programs transferred under 2011 Realignment, confident that funding is secure and
programmatic responsibilities are defined. However, the County remains concerned that the
funding is not sufficient and is also concerned about liability issues arising from the new
responsibilities.
Any future proposals to realign programs to counties must have constitutionally guaranteed
ongoing funding and protections. The County will oppose any proposals that will transfer
additional program responsibility to counties without funding, constitutional protections, county
participation and approval. The County will also oppose efforts that limit county flexibility in
implementing programs and services realigned in 2011 or infringe upon our ability to innovate
locally.
The County resolves to remain accountable to our local constituents in delivering high-quality
programs that efficiently and effectively respond to local needs. Further, we support counties’
development of appropriate measures of local outcomes and dissemination of best practices.
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Contra Costa County 5
With regard to Public Safety realignment, counties have received parolees whose latest crime fits
the specified “non-violent, non-serious, non-sex offender” (N3) definition but who have a
criminal background that includes violent, serious and/or sexual crimes. Under the current
legislation, the person’s latest offense/crime determines if they meet the N3 criteria.
Specifically, a change would be requested to prevent those whose total criminal background does
not meet the N3 criteria. These individuals should stay under the responsibility of the state.
The County will also support efforts to provide additional funding/grants to those counties that
have a commitment to lowering the crime rate and reducing recidivism through the provision of
innovative, comprehensive, evidence-based programs for offender populations and their families.
The County will also continue to support efforts to ensure that the receipt of Local Community
Corrections Funds matches the amounts anticipated from the state, without undue delay. Finally,
the County also supports more funding for mental health and behavioral health programs and
facilities in order to meet the requirements of Realignment and the goal of reducing recidivism.
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Proposed 2015 Platform 6
STATE PLATFORM POLICY POSITIONS
A brief background statement accompanies policy positions that are not self-evident. Explanatory notes
are included either as the preface to an issue area or following a specific policy position. Please note that
new and revised policy positions are highlighted. The rationale for the policy position is italicized.
Agricultural Issues
1. SUPPORT efforts to ensure sufficient State funding for pest and disease control and
eradication efforts to protect both agriculture and the native environment, including
glassy-winged sharpshooter, light brown apple moth, and Japanese dodder activities; high
risk pest exclusion activities; pesticide regulatory and law enforcement activities; and
noxious weed pest management. Agriculture is an important industry in Contra Costa
County. Protection of this industry from pests and diseases is important for its continued
viability.
2. SUPPORT continued appropriations for regulation and research on sudden oak death, a
fungal disease affecting many species of trees and shrubs in native oak woodlands. The
County’s natural environment is being threatened by this disease.
3. SUPPORT funding for agricultural land conservation programs and agricultural
enterprise programs, and support revisions to State school siting policies, to protect and
enhance the viability of local agriculture. The growth in East County and elsewhere has
put significant pressure on agricultural lands, yet agriculture is important not only for its
production of fresh fruits, vegetables and livestock, but also as a source of open space.
4. SUPPORT legislation to establish legal authority where needed to facilitate the efforts by
the California Department of Food and Agriculture and the Department of Boating and
Waterways to survey and treat all infestations of the South American spongeplant and to
rid the Delta of this and other invasive aquatic species through integrated pest
management methods. Invasive aquatic species are a threat to agriculture, the
environment and recreation in the Delta. This position includes support for efforts by the
Department of Boating and Waterways to secure multi-year permits for eradication of
multiple invasive aquatic plant species in the Sacramento-San Joaquin Delta, its
tributaries, and its marshes.
5. SUPPORT the CSAC policy statement regarding revisions to the California Conservation
Act of 1965 (the Williamson Act) to support legislative changes that preserve the
integrity of the Williamson Act, eliminate abuses resulting in unjustified and premature
conversions of contracted land for development, and to fully restore Williamson Act
subventions. The state subventions to counties also must be revised to recognize all local
tax losses.
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Contra Costa County 7
Animal Services Issues
6. SUPPORT efforts to protect local revenue sources designated for use by the Animal
Services Department; i.e., animal licensing, fines and fees. Fines, fees, and licensing are
major sources of revenue for the Animal Services Department. The demand for animal
services is increasing each year as does the demand on the General Fund. It is important
to protect these revenue sources to continue to provide quality animal service and to meet
local needs.
7. SUPPORT efforts to protect or increase local control and flexibility over the scope and
level of animal services. Local control over the scope of animal services is necessary to
efficiently address public safety and other community concerns. Local control affords
jurisdictions the ability to tailor animal service programs to fit their communities.
Animal related issues in dense urban areas vary from those in small, affluent
communities.
8. SUPPORT efforts to protect against unfunded mandates in animal services or mandates
that are not accompanied by specific revenue sources which completely offset the costs
of the new mandates, both when adopted and in future years. Unfunded mandates drain
our limited fiscal resources and, at the same time, chip away at local control over the
scope and level of services.
9. SUPPORT efforts to ensure full funding of State animal services mandates, including
defense of the Department of Finance’s lawsuit against the State Commission on
Mandates regarding the State obligations for reimbursement of local costs for animal
services incurred in compliance with SB 1785. The County invested large sums of money
to comply with SB 1785, with the assurance that our cost would be offset by
reimbursements from the State. Failure by the State to honor the reimbursements
negatively impacts the County General Fund and Animal Services’ budget.
10. SUPPORT efforts to protect and/or increase County flexibility to provide animal services
consistent with local needs and priorities. The demand for quality animal service
programming continues to increase each year. The County is experiencing population
growth and changing demographics. It is incumbent upon the Animal Services
Department to be flexible enough to adjust to the changing needs and priorities.
11. SUPPORT efforts to preserve the integrity of existing County policy relating to Animal
Services (e.g., the Animal Control Ordinance and land use requirements). Contra Costa
is looked upon as one of the model Animal Services Departments in the state. Its policies,
procedures, and ordinances are the yardstick against which other Animal Control
organizations are measured. The local control exercised by the Board of Supervisors is
key to that hallmark.
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Child Support Services Issues
12. SUPPORT the establishment of a statewide electronic registry for the creation and
release/satisfaction of liens placed on property of a non-custodial parent as necessary to
collect delinquent child support payments. California law currently provides that
recording an abstract or notice of support judgment with a County Recorder creates a
lien on real property. This requires recording the judgment in each of the 58 counties in
order not to miss a property transaction. An electronic registry would simplify not only
the creation of liens but also the release/satisfaction of liens because there would be a
single statewide point of contact, and the entire process would be handled electronically
through automated means.
13. SUPPORT amendment of current law that states that documents completed and recorded
by a local child support agency may be recorded without acknowledgement (notarization)
to clarify that the exception is for documents completed or recorded by a local child
support agency. This amendment clarifies that documents that are prepared by the local
child support agency and then sent for recording either by the local child support agency
or by the obligor (non-custodial parent) or by a title insurance company are covered by
the exemption, a technical point not acknowledged by all county recorder offices.
14. SUPPORT efforts to simplify the court process for modifying child support orders by the
court by requiring court appearances only when one of the parties objects to the
modification. Currently, establishment of parentage and support by the court is
permitted without court appearance if both parties are in agreement. A similar process
for modification would reduce court time, the workload of all involved agencies and
parties, and streamline the process.
15. SUPPORT efforts to ensure that the reduction to the California Department of Child
Support Services is not passed down as a reduction to the local program.
16. SUPPORT efforts that would require the Department of Child Support Services to
provide any notice form, information, or document that is required or authorized to be
given, distributed, or provided to an individual, a customer, or a member of the public to
be given, distributed, or provided in a digitized form, and by any means the Department
determines is feasible, including, but not limited to, e-mail or by means of a website.
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Climate Change Issues
17. SUPPORT the CSAC Climate Change Policy Statements and Principles which address a
broad range of issues affected by climate change, including water, air quality, agriculture,
forestry, land use, solid waste, energy and health. The document is largely based on
existing CSAC policy and adapted to climate change. Additionally, the document
contains a set of general principles which establish local government as a vital partner in
the climate change issue and maintain that counties should be an active participant in the
discussions in the development of greenhouse gas reduction strategies underway at the
state and regional level.
18. SUPPORT efforts to ensure that the implementation of AB 32 results in harmony
between the greenhouse gas reduction target created by the Air Resources Board for each
regional/local agency, the housing needs numbers provided by the state Department of
Housing and Community Development pursuant to housing element law, and the
Sustainable Communities Strategy developed through the Regional Transportation Plan
processes.
19. SUPPORT legislative or administrative efforts that favor allocation of funding from the
California Greenhouse Gas Cap and Trade Program to jurisdictions that are the largest
emitters of greenhouse gas, have disadvantaged communities that are disproportionately
affected by environmental pollution, and have demonstrated a local commitment to
climate protection (e.g. established emissions reduction targets, prepared Climate Action
Plans, etc.).
Delta Water Platform
To protect the Sacramento-San Joaquin Delta from various detrimental forces that are
affecting its health and resources, it is the policy of Contra Costa County to support
implementation of projects and actions that will help improve the Delta ecosystem and
the economic conditions of the Delta. Contra Costa County has developed a Delta Water
Platform to identify and promote activities and policy positions that support the creation
of a healthy Sacramento-San Joaquin Delta. Contra Costa County will use this Platform
to guide its own actions and advocacy in other public venues regarding the future of the
Delta.
The Delta Water Platform is comprised of twenty subject areas. Each of these subject
categories contains relevant policies and background explanatory language. The policies
and background information can be found in the Delta Water Platform, which is included
in this document by reference.
Elections Issues
20. SUPPORT legislation to adjust precinct sizing from 1,000 voters per precinct to 1,250
voters per precinct. With the option of being able to have up to 1,250 voters per precinct,
the best polling locations in a neighborhood can be selected, and that same site is more
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likely to be used for several elections, thus avoiding the need to change poll sites for
voters.
21. SUPPORT full state reimbursement for state mandates imposed upon local registrars by
the Secretary of State, including special state elections. The state has committed to
reimburse Counties for the cost of certain state mandates. That reimbursement process,
SB 90, can be lengthy and contentious. The SB 90 process is also subject to uncertainties
including partial payments, delayed payments, and now, suspended or no payments. In
lieu of the SB 90 process for Elections, there is merit in the examination of having the
state pay its pro-rata share of costs when state candidates/measures are on the ballot.
22. SUPPORT legislation that would add provisions to the state Elections Code that would
allow special elections to fill a vacancy in a congressional or legislative district to be
conducted by all mailed ballots at the county’s discretion.
Emergency Preparedness, Emergency Response
23. SUPPORT legislation that would give local agencies more authority to train volunteers,
provide funding for Community Emergency Response Training (CERT), and help clean-
up oil spills without taking on additional legal liability.
24. SUPPORT legislation that would require the state’s Oil Spill Prevention and Response
Agency to improve communication and clean-up technology, increase safety standards
for ships and establish special protections for ecologically sensitive areas.
25. SUPPORT legislation that would require responses to future oil spills in a shorter
timeframe, with a more regional approach.
26. SUPPORT measures that enable counties and other local agencies to better exercise their
responsibilities to plan for and respond to emergencies and disasters without taking on
additional legal liability and oppose those that do not recognize or support the county and
local agency role in the State’s Standardized Emergency Management System.
27. SUPPORT legislation or other measures requiring the creation or utilization of
emergency rock stockpiles suitable for levee repair throughout the Delta, enabling
increasingly efficient and less costly prevention of levee breaks and enhancement of
initial response capabilities.
28. SUPPORT legislation that expands school safety improvement programs such as
education regarding and placement of automated external defibrillator(s) (AED(s)) in
schools.
Eminent Domain Issues
29. SUPPORT legislation that maintains the distinction in the California Constitution
between Section 19, Article I, which establishes the law for eminent domain, and Section
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7, Article XI, which establishes the law for legislative and administrative action to protect
the public health, safety, and welfare.
30. SUPPORT legislation that would provide a comprehensive and exclusive basis in the
California Constitution to compensate property owners when property is taken or
damaged by state or local governments, without affecting legislative and administrative
actions taken to protect the public health, safety, and welfare.
Flood Control and Clean Water Issues
31. SUPPORT authorization for regional approaches to comply with aquatic pesticide permit
issues under the purview of the State Water Resources Control Board. Contra Costa
County entered into an agreement with a neighboring county and several cities to share
the costs of monitoring. While it makes sense for local government to pool resources to
save money, State Board regulations make regional monitoring infeasible.
32. SUPPORT efforts to provide local agencies with more flexibility and options to fund
stormwater programs. Stormwater permit requirements issued by the Regional Water
Quality Control Boards are becoming more and more expensive, yet there is no funding.
Stormwater services, encompassing both water quality and drainage/flood control, could
be structured like a utility with the ability to set rates similar to the other two key water
services: drinking water and wastewater.
33. SUPPORT efforts to provide immunity to local public agencies for any liability for their
clean-up of contaminations on private lands. This will be more critical as the Regional
Water Quality Control Boards institute Total Maximum Daily Loads, which establish a
maximum allowable amount of a pollutant (like mercury) in the stormwater from a
watershed.
34. SUPPORT efforts to require the Department of Water Resources (DWR) to provide 200
year flood plain mapping for all areas in the legal Delta. SB 5 requires the County and
cities in the Delta to insure certain development projects must have 200 year level of
protection and to make certain related findings. DWR has revisited developing zoning
flood plain mapping, and if they do, only working in areas protected by project levees
which does not include any areas within Contra Costa County.
35. SUPPORT legislation to enable Zone 7 Water Agency to become a new public agency,
separate and apart from the Alameda County Flood Control and Water Conservation
District, with territory in both Alameda and Contra Costa counties and the power to
provide specific services, insofar as the legislation is guided by adopted Principles of
Understanding.
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General Revenues/Finance Issues
As a political subdivision of the State, many of Contra Costa County’s services and programs are the
result of state statute and regulation. The State also provides a substantial portion of the County’s
revenues. However, the State has often used its authority to shift costs to counties and to generally put
counties in the difficult position of trying to meet local service needs with inadequate resources. While
Proposition 1A provided some protections for counties, vigilance is necessary to protect the fiscal
integrity of the County.
36. SUPPORT the State's effort to balance its budget through actions that do not adversely
affect County revenues, services or ability to carry out its governmental responsibilities.
37. OPPOSE any state-imposed redistribution, reduction or use restriction on general purpose
revenue, sales taxes or property taxes unless financially beneficial to the County. (Note
that a redistribution of sales and property tax may be beneficial to Contra Costa County
in the event that sales tax growth lags behind property tax growth.)
38. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT).
39. OPPOSE any efforts to increase the County's share-of-cost, maintenance-of-effort
requirements or other financing responsibility for State mandated programs absent new
revenues sufficient to meet current and future program needs.
40. SUPPORT efforts to ensure that Contra Costa County receives its fair share of State
allocations, including mental health funding under Proposition 63 and pass-through of
federal funds for anti-terrorism and homeland security measures. The State utilizes a
variety of methods to allocate funds among counties, at times detrimental to Contra
Costa County.
41. SUPPORT efforts to receive reimbursement for local tax revenues lost pursuant to sales
and property tax exemptions approved by the Legislature and the State Board of
Equalization.
42. SUPPORT continued efforts to reform the state/local relationship in a way that makes
both fiscal and programmatic sense for local government and conforms to the adopted
2010 CSAC Realignment Principles, with an emphasis on maximum flexibility for
counties to manage the existing and realigned discretionary programs.
43. SUPPORT efforts to relieve California of the federal Child Support penalties without
shifting the cost of the penalties to the counties.
44. SUPPORT a reduction in the 2/3rd vote requirement to 55% voter approval for locally-
approved special taxes that fund health, education, economic, stormwater services,
library, transportation and/or public safety programs and services.
45. SUPPORT efforts to authorize counties to impose forfeitures for violations of ordinances,
as currently authorized for cities. This would provide the County with the opportunity to
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require deposits to assure compliance with specific ordinance requirements as well as
retain the deposit if the ordinance requirements are not met. Currently, the County is
limited to imposing fines which are limited to only $100 - $200 for the first violation,
which has proven to be an ineffective deterrent in some cases.
46. SUPPORT efforts to redefine the circumstances under which commercial and industrial
property is reassessed to reduce the growing imbalance between the share of overall
property tax paid by residential property owners versus commercial/industrial owners.
47. SUPPORT efforts to reduce County costs for Workers’ Compensation, including the
ability to control excessive medical utilization and litigation. Workers’ Compensation
costs are significant, diverting funds that could be utilized for County services. Workers’
Compensation should provide a safety net for injured employees, for a reasonable period
of time, and not provide an incentive for employees to claim more time than medically
necessary.
48. SUPPORT state actions that maximize Federal and State revenues for county-run
services and programs.
49. SUPPORT legislative compliance with both the intent and language of Proposition 1A.
50. SUPPORT the provisions of Proposition 22 that would protect County revenues,
particularly as related to transportation revenues and excluding those provisions related to
redevelopment funds.
51. SUPPORT full State funding of all statewide special elections, including recall elections.
52. OPPOSE efforts of the State to avoid state mandate claims through the practice of
repealing the statues, then re-enacting them. In 2005, the State Legislature repealed
sections of the Brown Act that were subject to mandate claims, then re-enacted the same
language pursuant to a voter-approval initiative, and therefore, not subject to mandate
claims.
53. SUPPORT strong Public Utilities Commission (PUC) oversight of state-franchised
providers of cable and telecommunications services, including rigorous review of
financial reports and protection of consumer interests. AB 2987 (Núñez), Chapter 700,
statutes of 2006 transferred regulatory oversight authority from local government to the
PUC.
54. SUPPORT timely, full payments to counties by the State for programs operated on their
behalf or by mandate. The State currently owes counties over $1 billion in State General
Funds for social services program costs dating back to FY 2002-03.
55. SUPPORT full State participation in funding the County’s retiree and retiree health care
unfunded liability. Counties perform most of their services on behalf of the State and
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Federal governments. Funding of retiree costs should be the responsibility of the State,
to the same extent that the State is responsible for operational costs.
56. SUPPORT legislation that provides constitutional protections and guaranteed funding to
counties under Realignment.
Health Care Issues
The County remains concerned about the implementation of any health care reform measures that could transfer
responsibility to counties, without commensurate financing structures or in a manner not compatible with the
County’s system. The County supports a concept of universal health coverage for all Californians. Toward that end,
the County urges the state to enact a system of health coverage and care delivery that builds upon the strengths of
the current systems in our state, including county-operated systems serving vulnerable populations.
Currently, California has a complex array of existing coverage and delivery systems that serve many, but not all,
Californians. Moving this array of systems into a universal coverage framework is a complex undertaking that
requires sound analysis, thoughtful and deliberative planning, and a multi-year implementation process. As
California moves forward with health care reform, the County urges the state to prevent reform efforts from
exacerbating problems with existing service and funding. The state must also consider the differences across
California counties and the impacts of reform efforts on the network of safety-net providers, including county
providers. The end result of health reform must provide a strengthened health care delivery system for all
Californians, including those served by the safety net.
57. SUPPORT state action to increase health care access and affordability. Access to care
and affordability of care are critical components of any health reform plan. Expanding
eligibility for existing programs will not provide access to care in significant areas of the
state. Important improvements to our current programs, including Medi-Cal, must be
made either prior to, or in concert with, a coverage expansion in order to ensure access.
Coverage must be affordable for all Californians to access care.
58. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate
in the program.
59. SUPPORT actions that address provider shortages (including physicians, particularly
specialists, and nurses). Innovative programs, such as loan forgiveness programs, should
be expanded. In an effort to recruit physicians from other states, the licensing and
reciprocity requirements should be re-examined. Steps should be taken to reduce the
amount of time it takes to obtain a Medi-Cal provider number (currently six to nine
months).
60. SUPPORT efforts that implement comprehensive systems of care, including case
management, for frequent users of emergency care and those with chronic diseases and/or
dual (or multiple) diagnoses. Approaches could be modeled after current programs in
place in safety net systems.
61. SUPPORT efforts that provide sufficient time for detailed data gathering of current safety
funding in the system and the impact of any redirection of funds on remaining county
responsibilities. The interconnectedness of county indigent health funding to public
health, correctional health, mental health, alcohol and drug services and social services
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must be fully understood and accounted for in order to protect, and enhance as
appropriate, funding for these related services.
62. OPPOSE safety net funding transfers until an analysis of who would remain uninsured
(e.g. medically indigent adults, including citizens, who cannot document citizenship
under current Medicaid eligibility rules) is completed in order to adequately fund services
for these populations.
63. SUPPORT efforts to clearly define and adequately fund remaining county
responsibilities.
64. SUPPORT state action to provide an analysis of current health care infrastructure
(facilities and providers), including current safety net facilities across the state, to ensure
that there are adequate providers and health care facilities (including recovery facilities),
and that they can remain viable after health reform.
65. SUPPORT efforts to provide adequate financing for health care reforms to succeed.
66. SUPPORT measures that maximize federal reimbursement from Medicaid and S-CHIP.
67. SUPPORT state action to complete actuarial studies on the costs of transferring indigent
populations, who currently receive mostly episodic care, to a coverage model to ensure
that there is adequate funding in the model.
68. SUPPORT efforts that ensure that safety net health care facilities remain viable during
the transition period and be supported afterwards based on analyses of the changing
health market and of the remaining safety net population.
69. SUPPORT state action to implement a Medi-Cal waiver in a manner that maximizes the
drawdown of federal funds for services and facilities, provides flexibility, and ensures
that counties receive their fair share of funding.
70. SUPPORT efforts to increase revenues and to contain mandated costs in the County's
hospital and clinics system.
71. SUPPORT efforts to obtain a fair-share of any state funds in a distribution of funding for
the integration of IHSS and managed care.
72. SUPPORT efforts to increase the availability of health care (including alcohol and other
drugs recovery) to the uninsured in California, whether employed or not.
73. SUPPORT legislation that improves the quality of health care, whether through the use of
technology, innovative delivery models or combining and better accessing various
streams of revenue, including but not limited to acute and long term care integration.
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74. SUPPORT legislation to protect safety net providers, both public and private. Legislation
should focus on stabilizing Medi-Cal rates and delivery modes and should advocate that
these actions are essential to the success of any effort to improve access and make health
care more affordable.
75. SUPPORT efforts that allow counties to draw down federal Medicaid funds for providing
confidential alcohol and drug screening and brief intervention services to pregnant
women and women of childbearing age who also qualify for Medi-Cal benefits.
76. SUPPORT state efforts to increase the scope of benefits and reimbursement rates
contained in Minor Consent Medi-Cal to give youth suffering from substance abuse
disorders access to a continuum of care, including residential and one-on-one outpatient
treatment.
77. SUPPORT efforts to give incentives to providers to establish more youth-driven
treatment facilities within the community.
78. SUPPORT efforts to extend Minor Consent Medi-Cal Coverage to incarcerated youths,
many of whom are in custody due to drug related crimes. This could greatly decrease
recidivism in the juvenile justice system.
79. SUPPORT county efforts in the promotion of partnerships that provide integrated
responses to the needs of alcohol and other drugs populations, including criminal justice,
perinatal and youth as well as those populations with co-occurring disorders.
80. SUPPORT and encourage the development of strategies that include alcohol and other
drugs services in the provision of all culturally appropriate health care services.
81. SUPPORT efforts to require coverage of medically necessary alcohol and substance
abuse related disorder treatment on the same levels as other medical conditions in health
care service plans and disability insurance policies. Alcohol and other drugs treatment
services are the most under-funded of all health services. Neither the state nor the
federal allocations to the County covers medical treatment for AOD services, and so are
a cost borne by the County.
82. SUPPORT legislation that extends the restrictions and prohibitions against the smoking
of tobacco products to include restrictions or prohibitions against electronic cigarettes (e-
cigarettes) in various places, including, but not limited to, places of employment, school
campuses, public buildings, day care facilities, retail food facilities, multi-family housing,
and health facilities.
83. SUPPORT and encourage state, federal and/or private funding for pharmaceutical
research for the development of new cannabis products which would meet Federal Drug
Administration (FDA) standards of known strengths and attributes (and without
unnecessary side effects) which would be dispensable through pharmacies and medical
facilities consistent with State and Federal law.
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Human Services Issues
84. SUPPORT efforts to increase County flexibility in the use of CalWORKs funds and in
program requirements in order to better support the transition of welfare dependent
families from welfare-to-work to self-sufficiency, including, but not limited to: extending
supportive services beyond the current limit; enhancing supportive services; increasing
diversion and early intervention to obviate the need for aid.
Legislative changes to support these initiatives could include the following:
a. Supportive Services. Extending the length of time CalWORKS recipients can
receive supportive service such as help with transportation, child care, work
uniforms, etc.
b. Welfare to Work. Extending the length of time families can receive Welfare to
Work services (job training and search and other employment related services)
including job retention services. Currently CalWORKS recipients are eligible to
receive supportive services and Welfare to Work services for up to 48 months if
they are in compliance with CalWORKS rules. After 48 months these services or
for CalWORKS cash aid. Helping people move from poverty and significant
education gaps to full time employment in jobs that pay a high enough wage to be
self-sufficient is difficult. It can take longer than 48 months and allowing for the
flexibility to extend supportive services and training past the 48 month time limit
would help.
c. Diversion: Removing the criteria that someone has to be apparently eligible to
CalWORKs in order to qualify for diversion and base the criteria on the client’s
circumstance and ability to maintain the situation on their own without the need
of continued assistance.
When applying income and resource requirements for diversion, use only
half of their income and/or resource value or increase the limits for
income and resources for diversion only.
Increasing the amount of the diversion payment. If the applicant doesn’t
“use” all of the amount, they have 12 months to come back into the office
and apply for the remaining amount of their diversion payments
Allowing families to reapply for CalWORKs during their diversion period
without a repayment penalty or CalWORKs ineligibility.
d. Expanding job retention services;
e. Exempting the hard-to-serve from WTW activities and the 20% exemption or
providing flexibility in the time limit (dependent upon terms and conditions of
TANF authorization). Developing an eligibility definition to 250% of the federal
poverty level (FPL).Currently, the CalWORKs poverty level is 130% of the FPL
for each Assistance Unit (AU). An increase to 250% would ensure more families
meet income eligibility requirements.
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All of these measures would make it easier for CalWORKs families to enter employment
services, become employed, and continue with the support they need in order to maintain
their jobs.
85. SUPPORT efforts to revise the definition of “homelessness” in the Welfare & Institutions
Codes to include families who have received eviction notices due to a verified financial
hardship, thus allowing early intervention assistance for CalWORKs families. Current
law prevents CalWORKs from providing homeless assistance until the CalWORKs family
is actually “on the street.” This rule change would enable the County to work with
CalWORKs families who are being threatened with homelessness to prevent the eviction
and, presumably, better maintain the family members’ employment status.
86. SUPPORT efforts to establish an “umbrella code” for the reporting of incidents of elder
abuse to the Department of Justice, thus more accurately recording the incidence of
abuse. Current reporting policies within California’s law enforcement community and
social services departments are uncoordinated in regards to the reporting of adult
abuse. Under an “umbrella code,” law enforcement agencies and social services
departments would uniformly report incidents of elder abuse and California would have
much better data for policy and budget development purposes.
87. SUPPORT efforts to ensure funding of child care for CalWORKs and former CalWORKs
families at levels sufficient to meet demand. The State of California has not fully funded
the cost of child care for the “working poor.” Additional funding would allow more
CalWORKs and post-CalWORKs families to become and/or stay employed.
88. SUPPORT efforts that seek to identify and eliminate elder financial abuse and elder
exposure to crime that may be committed through conservatorships, powers of attorney,
notaries and others who have the right to control elder assets.
89. SUPPORT efforts to allow the CalFresh redetermination process to be done my mail
without interview and permit the mail in process for CalFresh aged and/or disabled
households. This would increase the efficiency of CalFresh redetermination and help
people who are receiving the benefit who would have difficulty coming into a benefits
office.
90. SUPPORT efforts to expand the number of counties in the Federal IV-E waiver funding
for pre-placement, prevention activities; development of caretaker recruitment and
retention campaigns;; and, funding to implement Children’s Child Welfare Workload
Study Results, SB 2030. Changes in these areas would enable counties to better meet
their performance accountability goals, as required under federal and state statutes.
91. SUPPORT efforts to allow Medi-Cal clients transportation access to medical care via the
most efficient transportation mode possible instead of the very costly ambulance
transportation that is currently prevalent. California is currently limited to the types of
non-emergency medical transportation for reimbursement by Medi-Cal. However, the
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federal Medicaid program allows other much less costly forms of transportation to be
used. Other states use this more permissive definition of approved non-emergency
medical transportation to encourage Medicaid clients to receive preventative care and
reduce the incidence of last-resort ambulance transportation to hospital emergency
rooms for primary care.
92. OPPOSE any legislation that increases tobacco taxes but does not contain language to
replace any funds consequently lost to The California Children and Families Act/Trust
Fund for local services as currently funded by tobacco taxes, Proposition 10 in 1998 and
Proposition 99 in 1988.
93. OPPOSE legislation, rules, regulations or policies that restrict or affect the amount of
funds available to, or the local autonomy of, First 5 Commissions to allocate their funds
in accordance with local needs.
94. SUPPORT efforts by the Contra Costa County’s executive directors and program
administrators of all Child Care and Development Programs to restore state budget
allocations to the FY 2009-10 levels if verified that this is an increase by fiscal analysts
for the California State Preschool Program (CSPP), California Center-Based General
Child Care Program (CCTR), CalWORKs Stage 2 (C2AP), CalWORKs Stage 3 (C3AP),
Alternate Payment Program (CAPP), Child Care and Development Grant and the Child
Care Retention Program (AB 212). Budgets in these programs have been flat or cut and
an increase would greatly help low-income people find work and stay in jobs.
95. SUPPORT efforts to increase the number of subsidized child care slots to address the
shortage of over 20,000 slots serving children 0-12 years of age in Contra Costa County;
and SUPPORT efforts to enhance the quality of early learning programs and maintain
local Quality Rating and Improvement Systems (QRIS) for early learning providers.
Affordable child care is key to low-income workers remaining employed and there is a
significant dearth of subsidized child care slots. Increasing quality of early learning is
important to developing skills in the next generation.
96. SUPPORT the restoration of funding for Facility Restoration and Repair (FRR) grants by
California Department of Education. Increasing the funding amounts for facility
restoration of early childhood education would allow for improved facilities at Head
Start sites.
97. SUPPORT continued and improved funding for substance abuse treatment and mental
health services including those that provide alternatives to incarceration and Laura’s Law.
98. SUPPORT alignment of verification requirements for CAlWORKS, CalFRESH and
Medi-Cal programs to simplify the customer experience and reduce the potential for
error. Consider letting all programs access the Federal Hub used through CalHEERs.
Currently these programs have different requirements for client verification, though they
are all benefit programs. Alignment of verifications would make program administration
more efficient and improve the client experience.
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99. SUPPORT legislation to expand early child care and education and increase funding for
preschool and early learning.
100. SUPPORT ending the student restrictions that disallow CalFresh for poor students.
Students should not be penalized for getting an education.
101. SUPPORT Allowing all individuals in receipt of Unemployment Benefits UIB) to be
automatically eligible for CalFresh. Applying for UI and CalFresh is duplicative because
requirements of both program sis so similar. This would increase CalFresh uptake in an
efficient way.
102. SUPPORT A State Earned Income Tax Credit. Developing a state earned income tax
credit would incentivize work and reduce poverty. The Federal EITC program is the most
effective government antipoverty program and 22 other states have a state EITC.
103. SUPPORT establishing a State funded and administered General Assistance Program.
The General Assistance Program is 100% County funded. Moving it to the State would
relieve pressure on the County budget and appropriately direct costs to the State.
Indian Gaming Issues
Contra Costa County is currently home to the Lytton Band of the Pomo Indians’ Casino in San Pablo, a Class II
gaming facility. There is also a proposal for an additional casino in North Richmond. Local governments have
limited authority in determining whether or not such facilities should be sited in their jurisdiction; the terms and
conditions under which the facilities will operate; and what, if any, mitigation will be paid to offset the cost of
increased services and lost revenues. Contra Costa County has been active in working with CSAC and others to
address these issues, as well as the need for funding for participation in the federal and state review processes and
for mitigation for the existing Class II casino.
104. SUPPORT efforts to ensure that counties who have existing or proposed Class II Indian
gaming facilities receive the Special Distribution Funds.
105. CONSIDER, on a case by case basis, whether or not to SUPPORT or OPPOSE Indian
gaming facilities in Contra Costa County, and only SUPPORT facilities that are unique in
nature and can demonstrate significant community benefits above and beyond the costs
associated with mitigating community impacts.
106. OPPOSE the expansion or approval of Class III gaming machines at the existing gaming
facility in Contra Costa County unless it can be demonstrated that there would be
significant community benefits above and beyond the costs associated with mitigating
community impacts.
107. SUPPORT State authority to tighten up the definition of a Class II machine.
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108. SUPPORT State legislative and administration actions consistent with the CSAC policy
documents on development on Indian Lands and Compact negotiations for Indian
gaming.
Land Use/Community Development Issues
109. SUPPORT efforts to promote economic incentives for "smart growth," in Priority
Development Areas including in-fill and transit-oriented development. Balancing the
need for housing and economic growth with the urban limit line requirements of Measure
J (2004) will rely on maximum utilization of “smart growth” and Sustainable Community
Strategy principles.
110. SUPPORT efforts to increase the supply of affordable housing, including, but not limited
to, state issuance of private activity bonds, affordable and low income housing bond
measures, low-income housing tax credits and state infrastructure financing. This
position supports Goals 2, 3 and 4 of the County General Plan Housing Element.
111. SUPPORT establishment of a CEQA exemption for affordable housing financing.
Current law provides a statutory exemption from CEQA to state agencies for financing of
affordable housing (Section 21080.10(b) of the California Public Resources Code and
Section 15267 of the CEQA Guidelines)—but not to local agencies. The current
exemption for state agencies is only operational if a CEQA review process has been
completed by another agency (e.g., by the land use permitting agency). Since the act of
financing does not change the environmental setting, the net effect of the exemption is
streamlining the process for providing financial assistance for already approved
projects. AB 2518 (Houston) in 2006 was a Contra Costa County-sponsored bill to
accomplish this, but it was not successful in the Legislature.
112. SUPPORT efforts to obtain a CEQA exemption or to utilize CEQA streamlining
provisions for infill development or Priority Development Areas, including in
unincorporated areas. Section 15332 of the CEQA Guidelines is a Categorical
Exemption for infill development projects but only within cities or unincorporated areas
of a certain size surrounded by cities. Without the exemption, housing projects in the
unincorporated areas that are not surrounded by cities (e.g. North Richmond, Montalvin
Manor and Rodeo) are subject to a more time-consuming and costly process in order to
comply with the CEQA guidelines than that which is required of cities, despite having
similar housing obligations. The CEQA exemption bill signed by the Governor in 2013
(SB 741) only applies to mixed-use or non-residential projects in the unincorporated
areas that are both within ½ mile of a BART station and within the boundaries of an
adopted Specific Plan.
113. SUPPORT efforts to reform State housing element law to promote the actual production
and preservation of affordable housing and to focus less on process and paper
compliance.
114. OPPOSE efforts to limit the County’s ability to exercise local land use authority.
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115. SUPPORT efforts to reduce the fiscalization of land use decision-making by local
government, which favors retail uses over other job-creating uses and housing. Reducing
incentives for inappropriate land use decisions, particularly those that negatively affect
neighboring jurisdictions, could result in more rational and harmonious land use.
116. SUPPORT allocations, appropriations, and policies that support and leverage the benefits
of approved Natural Community Conservation Plans (NCCPs), such as the East Contra
Costa County NCCP. Support the granting of approximately $20 million to the East
Contra Costa County NCCP from the $90 million allocation for NCCPs in Proposition
84. Support the position that NCCPs are an effective strategy for addressing the impacts
of climate change and encourage appropriate recognition of the NCCP tool in
implementation of climate change legislation such as SB 375 and AB 32. Promote
effective implementation of NCCPs as a top priority for the Department of Fish and
Wildlife. Support efforts to streamline implementation of NCCPs including exemptions
from unnecessary regulatory oversight such as the Delta Plan Covered Actions process
administered by the Delta Stewardship Council.
117. SUPPORT legislation that would give local agencies specific tools for economic
development purposes in order to enhance job opportunities, with emphasis on attracting
and retaining businesses, blight removal and promoting smart growth and affordable
housing development, while balancing the impacts on revenues for health and safety
programs and healthy communities.
118. OPPOSE legislation that would create substantial uncertainty over the tax allocation
bonds issued by redevelopment agencies and possible negative credit impact.
119. SUPPORT legislation that would resolve the administrative funding gap for agencies
serving as the Successor Housing Agency. Such legislation should not have a negative
impact on the localities’ general fund. The Redevelopment Dissolution Act allows
Successor Agencies a modest allowance of tax increment funds to support Successor
Agency administrative costs. There is no such carve out for Housing Successors.
However, unlike Successor Agencies, Housing Successors have an ongoing obligation to
monitor existing affordable housing developments. These obligations will continue for up
to 55 years.
120. SUPPORT legislation that would clarify the ability of successor agencies to former
redevelopment agencies to enter into contracts with its sponsoring jurisdiction and third
parties to fulfill enforceable obligations. The existing redevelopment dissolution statute
limits the contracting powers of successor agencies which is causing delays in their
ability to expeditiously retire certain enforceable obligations of the former redevelopment
agencies.
121. SUPPORT legislative and regulatory efforts that streamline compliance with the
California Environmental Quality Act (CEQA) by integrating it with other environmental
protection laws and regulations, modifying the tiering of environmental reviews,
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expanding the application of prior environmental reviews, focusing areas of potential
CEQA litigation, and enhancing public disclosure and accountability.
122. OPPOSE CEQA reform efforts that reduce environmental protections for projects that
cross county or city boundaries.
123. SUPPORT efforts to improve or streamline CEQA for efficiency without losing sight of
its ultimate goal to thoroughly identify environmental impacts and mitigations.
124. OPPOSE efforts to change CEQA solely to accommodate one particular infrastructure
project or set of projects.
125. SUPPORT legislation that amends Section 20133 of the Public Contract Code to 1)
delete the existing sunset date of July 1, 2014 for design-build authority granted to
counties, and 2) eliminate the current project cost threshold of $2.5 million required for
the use of the design-build method.
Law and Justice System Issues
126. SUPPORT legislation that seeks to curb metal theft by making it easier for law
enforcement agencies to track stolen metals sold to scrap dealers through such means as
requiring identification from customers selling commonly stolen metals, banning cash
transactions over a certain amount, and requiring scrap dealers to hold materials they buy
for a certain period of time before melting them down or reselling them.
127. SUPPORT legislation that provides a practical and efficient solution to addressing the
problem of abandoned and trespassing vessels and ground tackle in an administrative
process that allows the California State Lands Commission to both remove and dispose of
such vessels and unpermitted ground tackle. Boat owners in increasing numbers are
abandoning both recreational and commercial vessels in areas within the Commission’s
jurisdiction. Our state waterways are becoming clogged with hulks that break up, leak,
sink and add pollutants to our waterways and marine habitat.
128. OPPOSE legislative proposals to realign additional program responsibility to counties
without adequate funding and protections.
129. OPPOSE legislation that would shift the responsibility of parolees from the state to the
counties without adequate notification, documentation and funding.
130. SUPPORT legislation that will help counties implement the 2011 Public Safety
Realignment as long as the proposal would: provide for county flexibility, eliminate
redundant or unnecessary reporting, and would not transfer more responsibility without
funding.
131. SUPPORT legislation that will combat the negative impact that human trafficking has on
victims in our communities, including the impact that this activity has on a range of
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County services and supports, and support efforts to provide additional tools, resources
and funding to help counties address this growing problem.
Levee Issues
132. ADVOCATE for administrative and legislative action to provide significant funding for
rehabilitation of levees in the western and central Delta. Proposition 1E, passed in
November 2006, provides for over $3 billion for levees, primarily those in the Central
Valley Flood Control Program. Language is included in the bond for other Delta levees
but funding is not specifically directed. The County will work on a coalition basis to
actively advocate for $1 billion in funding through this bond.
133. SUPPORT legislation that requires the levee repair funds generated by Proposition 1E be
spent within one year or legislative hearings conducted on expediting the expenditure of
bond proceeds through the Department of Water Resources Delta Levees Section. Many
public agencies, including reclamation districts charged with maintaining levees, have
complained about the state’s inaction in allocating and distributing the levee funds that
were raised by the bond sales authorized by Proposition 1E in 2008. Legislation could
require the immediate distribution of these funds to local levee projects. The Delta
Reform Act of 2009 authorized over $202 million for levee repairs. Legislative hearings
may produce explanations from the state as to why these funds are not being distributed
or identify methods to streamline administration of these funds.
134. SUPPORT legislation to amend California Water Code Section 12986, to maintain the
state/local funding ratio of 75/25 for the state’s Delta Levees Subventions Program,
which provides funds for local levee repair and maintenance projects. The code
provisions that have the state paying 75% of project costs will expire on July 1, 2013. At
that time the matching ratio will change to 50/50. This means local reclamation districts
will have to pay a larger portion of project costs (50%, compared to their current 25%
requirement). Many districts do not have the funding to do so. The Delta Levees
Subventions Program should continue to use funds from bonds or other dedicated
sources, rather than the state’s General Fund. For the past several years the program has
been funded from bonds. When these bond funds run out, the program will have to be
funded from the General Fund, unless some other new dedicated funding source is
established.
135. ADVOCATE for legislation dealing with the Delta, including levees and levee programs,
level and type of flood protection, beneficiary-pays programs, flood insurance, liability
and other levee/land use issues.
136. SUPPORT legislation/regulation requiring Reclamation Districts to develop, publish, and
maintain hazard emergency plans for their districts. Emergency response plans are
critical to emergency management, particularly in an area or situation like the Delta
where a levee break could trigger other emergencies. This legislation/regulation should
also include the requirement for plan review and annual distribution of the plan to the
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residents of the district, County Office of Emergency Services and other government
agencies that have emergency response interests within the district.
137. SUPPORT legislation to amend California Water Code Section 85057.5 to bring the
Delta Stewardship Council’s “covered actions” land-use review process into consistency
with CEQA. This section of state code defines a “covered action,” which refers to local
permit decisions that are subject to potential revocation by the Council, as adopted in the
Council’s Delta Plan. The proposed process works as follows: (1) if a local permit
application meets the definition of a “covered action,” the jurisdiction must evaluate it for
consistency with all of the policies in the Council’s Delta Plan. (2) If the jurisdiction
finds the project is consistent with the Delta Plan, they notify the Council of this finding.
(3) Anyone who objects to the project may appeal the consistency finding, and it will be
up to the Council to make the final decision. Should the Council decide against the local
jurisdiction, there is no appeal process available to the jurisdiction or project applicant
other than legal action.
“Covered actions” are defined in Section 85057.5 of the California Water Code. It
defines them as plans, projects or programs as defined by CEQA, and then goes on to
grant several exemptions to certain types of projects. It does not, however, provide
exemptions for all the project types that CEQA itself exempts. CEQA provides a lengthy
list of categorical exemptions for plans, projects and programs that generally do not have
significant environmental impacts, and projects that have compelling reasons to move
forward quickly (such as public safety projects). The entire list of categorical exemptions
from CEQA also should be exempt from the Delta Stewardship Council’s “covered
actions” process.
Library Issues
138. SUPPORT State financial assistance in the operation of public libraries, including full
funding of the Public Library Fund (PLF) and the Direct/Interlibrary Loan (Transaction
Based Reimbursement) program.
139. SUPPORT State bonds for public library construction. The 2000 library construction
bond provided funding for two libraries in Contra Costa County. There is currently a
need of approximately $289,000,000 for public library construction, expansion and
renovation in Contra Costa County.
140. SUPPORT continued funding for the California Library Literacy and English Acquisition
Services Program, which provides matching funds for public library adult literacy
programs that offer free, confidential, one-on-one basic literacy instruction to English-
speaking adults who want to improve their reading, writing, and spelling skills.
Telecommunications Issues
141. SUPPORT clean-up legislation on AB 2987 that provides for local emergency
notifications similar to provisions in cable franchises for the last 20 years. Currently our
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franchises require the cable systems to carry emergency messages in the event of local
emergencies. With the occurrence of several local refinery incidents, this service is
critical for Contra Costa. Under federal law, Emergency Alert System requirements leave
broad discretion to broadcasters to decide when and what information to broadcast,
emergency management offices to communicate with the public in times of emergencies.
142. SUPPORT preservation of local government ownership and control of the local public
rights-of-way. Currently, local government has authority over the time, place, and
manner in which infrastructure is placed in their rights-of-way. The California Public
Utilities Commission is considering rulemaking that would give them jurisdiction to
decide issues between local government and telecommunication providers.
Transportation Issues
143. SUPPORT increased flexibility in the use of transportation funds.
144. SUPPORT regional coordination that provides for local input in addressing transportation
needs. Coordinated planning and delivery of public transit, paratransit, and rail services
will help ensure the best possible service delivery to the public. Regional coordination
also will be needed to effectively deal with the traffic impacts of Indian gaming casinos
such as those in West County. Regional coordination also will be essential to complete
planning and development of important regional transportation projects that benefit the
state and local road system such as State Route 239, improvements to Vasco Road,
completion of remaining segments of the Bay Trail, improvements to the Delta DeAnza
Regional Trail, and the proposed California Delta Trail. There may be interest in
seeking enhanced local input requirements for developing the Sustainable Communities
Strategy for the Bay Area mandated by SB 375 for greenhouse gas reduction. It is
important that the regional coordination efforts are based on input gathered from the
local level, to ensure the regional approach does not negatively impact local
communities. “Top-down” regional planning efforts would be inconsistent with this
goal.
145. SUPPORT efforts to improve safety throughout the transportation system. The County
supports new and expanded projects and programs to improve safety for bicyclists,
pedestrians and wheelchair users, as well as projects to improve safety on high-accident
transportation facilities such as Vasco Road. Data on transportation safety would be
improved by including global positioning system (GPS) location data for every reported
accident to assist in safety analysis and planning. The County also supports the
expansion of school safety improvement programs such as crossing guards, revised
school zone references in the vehicle code, Safe Routes to Schools (SR2S) grants, efforts
to improve the safety, expansion and security of freight transportation system including
public and private maritime ports, airports, rail yards, railroad lines, rail bridges and
sidings. The County also supports limits or elimination of public liability for installing
traffic-calming devices on residential neighborhood streets.
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146. SUPPORT funding or incentives for the use of renewable resources in transportation
construction projects. The County seeks and supports grant programs, tax credits for
manufacturers, state purchasing programs, and other incentives for local jurisdictions to
use environmentally friendly materials such as the rubberized asphalt (made from
recycled tires) that the County has used as paving material on San Pablo Dam Road and
Pacheco Boulevard.
147. SUPPORT streamlining the delivery of transportation safety projects. The length of time
and amount of paperwork should be reduced to bring a transportation safety project
more quickly through the planning, engineering and design, environmental review,
funding application, and construction phases, such as for Vasco Road. This could include
streamlining the environmental review process and also streamlining all state permitting
requirements that pertain to transportation projects. Realistic deadlines for use of federal
transportation funds would help local jurisdictions deliver complex projects without
running afoul of federal time limits which are unrealistically tight for complex projects.
148. SUPPORT efforts to coordinate development of state-funded or regulated facilities such
as courts, schools, jails, roads and state offices with local planning. The County supports
preserving the authority of Public Works over County roads by way of ensuring the
Board of Supervisors’ control over County roads as established in the Streets &
Highways Code (Ch2 §940) is not undermined. This includes strongly opposing any
action by a non-local entity that would ultimately dilute current Board of Supervisors
discretion relative to road design and land use.
149. SUPPORT efforts to coordinate planning between school districts, the state, and local
jurisdictions for the purposes of: (1) locating and planning new schools, (2) funding
programs that foster collaboration and joint use of facilities, and (3) financing off-site
transportation improvements for improved access to existing schools. The County
supports the California Department of Education’s current effort to better leverage school
facilities in developing sustainable communities. Related to this effort, the County
supports reform of school siting practices by way of legislative changes related to any
new statewide school construction bond authorization. The County takes the position that
reform components should include bringing school siting practices and school zone
references in the vehicle code into alignment with local growth management policies,
safe routes to school best practices, State SB 375 principles, and the State Strategic
Growth Council’s “Health in All Policies Initiative.”
150. SUPPORT regional aviation transportation planning efforts for coordinated aviation
network planning to improve service delivery. Regional aviation coordination could also
improve the surrounding surface transportation system by providing expanded local
options for people and goods movement.
151. SUPPORT efforts to increase waterborne transport of goods and obtaining funds to
support this effort. The San Francisco to Stockton Ship Channel is a major
transportation route for the region, providing water access to a large number of
industries and the Ports of Sacramento and Stockton. A project is underway to deepen
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the channel, providing additional capacity to accommodate increasing commerce needs
of the Ports and providing better operational flexibility for the other industries.
Increased goods movement via waterways has clear benefits to congestion management
on highways and railroads (with resultant air quality benefits).
152. SUPPORT legislative and administrative measures to enhance rail safety, increase state
oversight of railroad bridges, provide funding for the training of first responders, and
implement regulations that increase tank car safety standards for cars transporting crude
oil and other hazardous materials, and regulations that require railroads to share data with
state emergency managers and local responders.
Veterans Issues
153. SUPPORT legislation and budget actions that will continue the state's annual local
assistance for County Veterans Service Offices at a minimum of the $5.6 million
level. The eventual goal is to fully fund CVSOs by appropriating the full $11 million in
local assistance funding as reflected in Military and Veterans Code Section 972.1(d).
County Veterans Service Offices (CVSOs) play a vital role in the local veteran
community, not only within the Veterans Affairs claims process, but in other aspects as
well. This includes providing information about all veterans’ benefits (Federal, State and
local), as well as providing claims assistance for all veteran-related benefits, referring
veterans to ancillary community resources, providing hands-on development and case
management services for claims and appeals and transporting local veterans to VA
facilities.
154. SUPPORT legislation and budget actions that will provide veterans organizations with
resources to make necessary repairs to, or replacement of, their meeting halls and
facilities. Across California, the meeting halls and posts of Veterans Service
Organizations such as the American Legion and Veterans of Foreign Wars serve as
unofficial community centers. Many of these facilities are not compliant with Americans
with Disabilities Act accessibility standards, are not earthquake retrofitted, or have
deteriorated in recent years due to declining membership and reduced rental revenues as
a result of the economic downturn. The County will support legislation that would create
a competitive grant program for veterans’ organizations, classified by the IRS as 501c19
non-profit organizations and comprised primarily of past or present members of the
United States Armed Forces and their family members, to use for repairs and
improvements to their existing facilities.
155. SUPPORT legislation that will improve the timeliness and quality of both VA benefits
claim decisions and VA healthcare services. Specifically, legislation that works toward
improving on the expedited processing of claims, providing VA healthcare, and
administering of benefits to populations with unique needs, such as homeless Veterans,
Women Veterans, and Veterans experiencing service related Posttraumatic Stress
Disorder or service related Traumatic Brain Injury.
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Waste Management Issues
156. SUPPORT legislation that establishes producer responsibility for management of their
products, including pharmaceuticals, batteries, sharps and veterinary medicine, at the end
of their useful life.
157. SUPPORT efforts to increase the development of markets for recycled materials.
158. SUPPORT legislative and regulatory efforts to allow third parties, under specific
circumstances and conditions, to collect and transport household hazardous waste to
collection facilities.
159. SUPPORT legislation that seeks to remedy the environmental degradation and solid
waste management problems on a State-wide basis of polystyrene containers and single-
use plastic bags typically given away for free at grocery, retail and other establishments.
160. SUPPORT legislation that does not require increased diversion from landfills without out
an adequate funding mechanism.
161. SUPPORT legislation that would make changes to the used tire redemption program.
Instead of collecting a disposal fee from the consumer when new tires are purchased, a
disposal fee would be collected at the wholesale level and redeemed by the disposal site
when the used tires are brought to the site. The party bringing the tires to the disposal
site would also receive a portion of the fee.
162. SUPPORT legislation that relieves counties with privately-operated landfills from the
state requirement for maintaining a 15-year supply of disposal capacity for waste
generated within each county. In 1989, Contra Costa County amended its general plan
to accommodate construction of Keller Canyon Landfill. Due to the difficulty in siting
landfills and the requirements of Public Resources Code 47100 – Countywide Siting
Element, the County maintained authority to control the amount of waste disposed at this
facility from outside the county. Despite Contra Costa County’s opposition, AB 845
became law on January 1, 2013 and prohibits any jurisdiction from regulating the
amount of waste disposed at a privately-operated landfill based on its place of origin.
Because local jurisdictions can no longer control importation of waste to privately-
operated landfills, a host County that receives a significant amount of waste from outside
the county will have a greater need to undertake the difficult task of identifying new
disposal capacity pursuant to the Countywide Siting Element requirement. Since the
state believes there is no need for local jurisdictions to regulate disposal of solid waste
by place of origin, the state should remove existing statutes that require each County with
privately-operated landfills to identify sufficient disposal capacity for the waste
generated by the jurisdictions within that County.
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163. SUPPORT legislation that can reduce the amount of harmful pharmaceuticals (including
veterinary medicine) that ultimately enter waste water treatment facilities, bodies of
water, and landfills.
164. SUPPORT legislative and regulatory efforts to restrict payments from the Beverage
Container Recycling Program Fund for redemption of beverage containers sold out of
state. Fraudulent redemption of these beverage containers is costing the Fund from $40
million to $200 million annually. This fraud combined with loans to the General Fund to
reduce the State budget deficit has significantly reduced the availability of funds for
increasing recycling as intended under the law.
165. SUPPORT legislative and regulatory efforts that correct the imbalance between the
County’s regulatory authority to control the collection and disposal of solid waste
generated within the unincorporated areas and our exposure to state penalties for failing
to meet state mandates for diverting solid waste generated within these areas as a result of
Appellate Court decisions. In litigation where the County sought to protect its solid waste
franchise authority for unincorporated areas the court awarded franchise authority to the
Rodeo Sanitary District and Mountain View Sanitary District while the County remains
exposed to state penalties for failing to meet state mandates for reducing disposal of solid
waste generated in these areas.
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