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Home My WebLink AboutBOARD STANDING COMMITTEES - 10012015 - Legislation Cte Agenda Pkt LEGISLATION COMMITTEE October 1, 2015 10:30 A.M. 651 Pine Street, Room 101, Martinez Supervisor Karen Mitchoff, Chair Supervisor Federal D. Glover, 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. REVIEW and APPROVE Record of Action from the May 7, 2015 meeting. 4. RECEIVE the report on legislative policy related to pension reform and PROVIDE direction to staff, as needed. 5. ACCEPT the report on the legislative highlights from 2015 and provide direction to staff, as needed. 6. ACCEPT the report "Bills of Interest to Contra Costa County" and provide direction to staff, as needed. 7. ACCEPT the report on federal issues of interest to the County and provide direction to staff, as needed. 8.The next meeting is currently scheduled for November 5, 2015. 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. 1 of 122 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 2 of 122 LEGISLATION COMMITTEE 3. Meeting Date:10/01/2015 Subject:Record of Action Submitted For: LEGISLATION COMMITTEE, Department:County Administrator Referral No.: N/A Referral Name: Record of Action Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: County Ordinance requires that each County body keep a record of its meetings. Though the record need not be verbatim, it must accurately reflect the agenda and the decisions made in the meeting. Any handouts or printed copies of testimony distributed at the meeting will be attached to this meeting record. Referral Update: Attached for the Committee's consideration is the Record of Action for its May 7, 2015 meeting. Recommendation(s)/Next Step(s): APPROVE Record of Action from the May 7, 2015 meeting with any necessary corrections. Attachments Record of Action - May 7, 2015 3 of 122 LEGISLATION COMMITTEE RECORD OF ACTION May 7, 2015 10:30 A.M. 651 Pine Street, Room 101, Martinez Supervisor Karen Mitchoff, Chair Supervisor Federal D. Glover, Vice Chair Agenda Items:Items may be taken out of order based on the business of the day and preference of the Committee Present: Karen Mitchoff, Chair Absent: Federal D. Glover, Vice Chair Staff Present:Jeff Carman, Fire Chief Jackie Lorrekovich, Fire Protection District Administrative Services William Walker, M.D., Contra Costa Health Services Chad Godoy, Agricultural Commissioner Paul Buddenhagen, Employment and Human Services Lindy Lavender, District IV Representative Lara DeLaney, Senior Deputy County Administrator Vana Tran, County Administrator's Office 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 Record of Action from the April 2, 2015 meeting with any necessary corrections. The Record of Action was approved as submitted. AYE: Chair Karen Mitchoff Passed 4.CONSIDER recommending a position of "Support" to the Board of Supervisors for AB 662 (Bonilla): Expanding Access for Individuals with Physical Disabilities. The Committee voted unanimously to recommend a position of "Support." 4 of 122 AYE: Chair Karen Mitchoff Passed 5.CONSIDER recommending a position of "Oppose" to the Board of Supervisors for AB 1223 (O'Donnell) Emergency Medical Services: Noncritical Cases. The Committee directed staff to review the recent amendments. If the amendments were not satisfactory, the Committee would recommend an “Oppose unless amended” position. If the amendments were sufficient to remove the staff recommendation of “Oppose,” the Committee directed staff to “watch” the bill. AYE: Chair Karen Mitchoff Passed 6.CONSIDER recommending a position of "Support" to the Board of Supervisors for AB 1321 (Ting): Nutrition Incentive Matching Grant Program. The Committee voted unanimously to recommend a position of "Support." AYE: Chair Karen Mitchoff Passed 7.CONSIDER recommending a position of "Oppose" to the Board of Supervisors for SB 239 (Hertzberg) Local Services: Contracts: Fire Protection Services. The Committee voted unanimously to recommend a position of "Oppose." AYE: Chair Karen Mitchoff Passed 8.CONSIDER recommending a position of "Support" to the Board of Supervisors for SB 120 (Anderson) Sales and Use Taxes: First Responder Equipment. The Committee voted unanimously to recommend a position of "Support." AYE: Chair Karen Mitchoff Passed 9.CONSIDER recommending a position of "Support" to the Board of Supervisors for AB 1436 (Burke) In-Home Support Services: Authorized Representatives. The Committee voted unanimously to recommend a position of "Support." AYE: Chair Karen Mitchoff Passed 10.CONSIDER recommending to the Board of Supervisors a position of "Support" for AB 1262. 5 of 122 The Committee voted unanimously to recommend a position of "Support." AYE: Chair Karen Mitchoff Passed 11.CONSIDER recommending a position of "Support" to the Board of Supervisors for AB 762 (Mullin) Day Care Centers: Integrated Licensing. The Committee voted unanimously to recommend a position of "Support." AYE: Chair Karen Mitchoff Passed 12.CONSIDER recommending a position of "Support" to the Board of Supervisors for SB 238 (Mitchell) Foster Care: Psychotropic Medication. The Committee voted unanimously to recommend a position of "Support." AYE: Chair Karen Mitchoff Passed 13.ACCEPT the report on Federal Issues and provide direction to staff, as needed. The Committee accepted the report as given. AYE: Chair Karen Mitchoff Passed 14.ACCEPT the "Bills of Interest" report and provide direction to staff, as needed. The Committee accepted the report as given. AYE: Chair Karen Mitchoff Passed 15.The next meeting is currently scheduled for June 4, 2015. The Committee confirmed the date of the next meeting. AYE: Chair Karen Mitchoff Passed 16.Adjourn 6 of 122 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 7 of 122 LEGISLATION COMMITTEE 4. Meeting Date:10/01/2015 Subject:Legislative Policy Referral Regarding Pension Reform Submitted For: LEGISLATION COMMITTEE, Department:County Administrator Referral No.: 2015-16 Referral Name: Legislative Policy Referral Regarding Pension Reform Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: At its July 28, 2015 meeting, the Board of Supervisors considered and approved the response to Civil Grand Jury Report No. 1503, "Time for a New Look at Pension Costs," and referred the matter in relation to legislative policy to the Legislation Committee. The Board Order related to this matter is Attachment A. The Grand Jury Report No. 1503 is Attachment B. The response to the report is Attachment C. Referral Update: The Civil Grand Jury Report No. 1503 examines the cost of pension and retiree health benefit obligations on the County and suggests that "...the County has not challenged the prevailing assumption that California law prohibits it from negotiating reductions in pension benefits for its employes who entered service before 2013. We believe that assumption is in error... The Board of Supervisors should without delay seek such a change or clarification in California law." (p. 1) The Report attempts to address the question "Why have the County's retirement obligations grown so large?," and includes as one of its reasons "California Law Apparently Preventing the County from Negotiating Reductions in Future Pension Benefit Rates for Existing Employees. One sensible way to reduce retirement obligations arising from past increases in pension benefit rates would be for the County and its employees to negotiate through collective bargaining reductions in pension benefits to be earned in future time periods. However, in contrast to wage and other benefit negotiations, the County has not negotiated reductions in future pension benefits for current employees through collective bargaining because of obstacles arising from highly inflexible court decisions unique to California and a minority of other states." (p. 7) The Report indicates that "...the California Supreme Court has issued rulings that severely restrict the ability of the County to make changes to benefits not yet earned under its pension plans." It cites Allen vs. City of Long Beach, decided by the Supreme Court in 1955, as an example of a case that removed tools that would have allowed the County to manage and adjust its pension obligations. "That case held that not only was a public employer prohibited from terminating a 8 of 122 pension plan for current employees; it must also assure that any alterations in the pension plan "which results in disadvantage to employees should be accompanied by comparable new advantages." This meant that after the Allencase public employers in California were on a one-way legal elevator that only went up. In contrast to wage and other employee benefits, any pension benefit granted to a current employee could not be reduced in future periods even though such benefits had not yet been earned." (p. 10) The report goes on to say that public agencies in California have adopted the view that the "vested pension contract right the Court found in the Allencase could not be challenged by collective bargaining." However, the Report questions that assumption suggesting that "collective bargaining [the Meyers-Milias-Brown Act was passed in 1968] did not exist for public employees at the time the Allencase was decided [in 1955]." p. 11 The Report also suggests that the California Supreme Court based its decision in the Allencase on the Contracts Clause of both the California and the U.S. Constitutions, but "nothing in that prohibition [that prohibits California from passing laws that impair contract obligations] prevents the party to whom the contract obligation is owed from agreeing voluntarily to amend or waive that obligation." The Report goes on to suggest that "Federal courts would have the final say on whether the U.S. Constitution extends the same protection to future, unearned pension rights that the California Supreme Court found in its Allendecision." (p. 11) Mr. Michael Moore, a member of the 2014-15 Civil Grand Jury has requested time to present additional information to the Committee and will be in attendance at the meeting, as will a representative of the County Counsel office. Pension Reform Efforts The battle over California’s public employee pensions could soon move from the courtroom to the ballot box.A group of pension reform advocates, led by former San Jose Mayor Chuck Reed and former San Diego Councilman Carl DeMaio, recently filed a statewide initiative for the 2016 ballot that would give voters a direct say on pension benefits. Dubbed the “Voter Empowerment Act of 2016,” the initiative would amend the state constitution to require voter approval of any new defined benefit retirement plans and place a 50 percent cap on government subsidies of retirement benefits provided to government employees. The proposed state constitutional amendment would apply to all public employee pensions throughout the state. It needs 580,000 signatures from California voters to qualify for the 2016 ballot. The four major provisions of the proposed state constitutional amendment, which would take effect in 2019, include: Requiring voter approval of any defined benefit pensions for new government employees;1. Requiring voter approval of any increase in pensions for existing government employees;2. Prohibiting any taxpayer subsidy of government retirement benefits in excess of 50 percent of the cost – unless voters expressly approve a higher contribution; 3. Prohibiting politicians and government agencies from delaying, impeding, or challenging any voter-approved state and local ballot measures regarding compensation and retirement benefits. 4. The authors of the initiative said they will “commission a legal review” of the ballot summary issued by Attorney 9 of 122 General Kamala Harris. An article about the initiative is included in Attachment D. The initiative itself in included in Attachment E. The new initiative effort comes after courts have struck down recent attempts to address the pension problem. Last year, voters in Ventura County collected thousands of signatures for a measure that would have allowed the County to opt out of the current defined-benefit system and replace it with a 401(k)-type system, but a county judge ruled that residents could not vote to leave a pension system created by the state. In 2012, San Jose voters overwhelmingly approved a measure that would have given city employees a choice between a less-generous pension or staying in the current system but contributing a larger portion of their salaries toward paying down the pension debt. A Santa Clara County Superior Court Judge overturned that measure for violating the “vested rights” of public employees. Recommendation(s)/Next Step(s): RECEIVE the report on possible legislative policy reform and PROVIDE direction to staff, as needed. Fiscal Impact (if any): The fiscal impact of pursuing legislative policy with regard to pension reform is unknown at this time. Attachments Attachment A Attachment B Attachment C Attachment D Attachment E 10 of 122 RECOMMENDATION(S): APPROVE the response to Civil Grand Jury Report No. 1503 "Time for a New Look at Pension Costs" and DIRECT the Clerk of the Board to forward the response to the Superior Court no later than August 15, 2015. FISCAL IMPACT: No fiscal impact. BACKGROUND: On May 18, 2015 the 2014/15 Civil Grand Jury filed the above-referenced report. The attached response clearly specifies: Whether a finding or recommendation is accepted or will be implemented; if a recommendation is accepted, a statement as to who will be responsible for implementation and by what target date; a delineation of the constraints if a recommendation is accepted but cannot be implemented within a six-month period; and the reason for not accepting a finding or recommendation. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/28/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 28, 2015 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jeff Carman, Chief CCCFPD D. 8 To:Board of Supervisors From:David Twa, County Administrator Date:July 28, 2015 Contra Costa County Subject:Response to Civil Grand Jury Report No. 1503 "Time for a New Look at Pension Costs" Attachment A 11 of 122 The Board of Supervisors is required to respond to Findings 1-7 and Recommendations 1-3. The Board of Directors of the Contra Costa County Fire Protection District is required to respond to Findings 1, 2, 4, 6 and Recommendations 1-3. Please see the attached combined response to the report. Attachment A 12 of 122 CONSEQUENCE OF NEGATIVE ACTION: In order to comply with statutory requirements, the Board of Supervisors/Board of Directors for the Contra Costa County Fire Protection District must provide a response to the Superior Court no later than August 15, 2015. The Board must take timely action in order to comply with the statutory deadline. CHILDREN'S IMPACT STATEMENT: Not Applicable. CLERK'S ADDENDUM Speakers: Frank Darling, resident of Orinda; Vincent Wells, President Firefighters' Local 1230; David Van Etten, resident of Lafayette. APPROVED the response to Civil Grand Jury Report No. 1503 "Time for a New Look at Pension Costs"; REFERRED the matter in relation to legislative policy to the Legislative Committee; DIRECTED the Clerk of the Board to forward the response to the Superior Court no later than August 15, 2015; and DIRECTED the concept of a establishing a task force/committee to review options to reduce the pension obligation burden be revisited in one year. ATTACHMENTS Grand Jury Report No. 1503 Response to Grand Jury Report No. 1503 Attachment A 13 of 122 Attachment B 14 of 122 Attachment B 15 of 122 Attachment B 16 of 122 Attachment B 17 of 122 Attachment B 18 of 122 Attachment B 19 of 122 Attachment B 20 of 122 Attachment B 21 of 122 Attachment B 22 of 122 Attachment B 23 of 122 Attachment B 24 of 122 Attachment B 25 of 122 Attachment B 26 of 122 Attachment B 27 of 122 Attachment B 28 of 122 Attachment B 29 of 122 Attachment B 30 of 122 Attachment B 31 of 122 Attachment B 32 of 122 Attachment B 33 of 122 Attachment B 34 of 122 Attachment B 35 of 122 Attachment B 36 of 122 Attachment B 37 of 122 1 BOARD OF SUPERVISORS AND BOARD OF DIRECTORS OF THE CCCFPD RESPONSE TO CONTRA COSTA COUNTY GRAND JURY REPORT 1503: Time for a new Look at Pension Costs Findings: F1. The County and CCCFPD currently have unfunded accrued pension and OPEB liabilities that exceed $2.6 Billion. The cost to the County and CCCFPD to cover these and additional annual pension and OPEB liabilities require payments in excess of $375 Million each year. Response: The respondents agree with the finding. F2. Pension costs alone now consume over 11% of the combined budgets of the County and CCFPD. These costs have risen from a percentage slightly under 5% in 2000 and now constitute the largest financial challenge facing the County. Response: The respondents partially disagree with the finding. Although pension costs are large, the largest financial challenge facing the County is the issue of balancing the cost of salaries and benefits as components of total compensation to attract and retain employees. F3. The cost of pension and OPEB obligations are debts that must be paid before the County can allocate available resources to other needs and services. This has contributed to the "crowding out" of other County services, the deferral of needed building maintenance projects, and the postponement of needed system improvements for the County. Response: The respondent partially disagrees with the finding. Other Post Employment Benefits (OPEB) liabilities are not ‘debts’. Unlike pension liabilities, OPEB liabilities can be reduced rather than paid. In 2006, the County’s OPEB liability was in excess of $2.6 billion. The liability is currently under $1 billion and was reduced by reducing the benefit, not paying the liability. F4. Pension costs are difficult to manage because they vary directly with the investment results obtained by CCCERA on its pension funds. The County and CCCFPD are at risk each year of having to increase pension payments in the event CCCERA does not achieve its 7.25% assumed rate of investment return on the pension fund. Response: The respondents agree with the finding. F5. The County faces competitive pressures in retaining and recruiting a skilled and professional workforce. This limits its ability to seek greater contributions from its employees to the costs of the pension and OPEB obligations because other counties and cities may not seek the same contributions from their employees. Response: The respondent agrees with the finding. Attachment C 38 of 122 2 F6. The County and CCCFPD have a severe handicap in reducing their pension obligations because of a highly inflexible rule under a long-standing California court precedent that the County believes severely limits their ability to negotiate reductions in future, unearned pension benefit rates with their current employees. Response: The respondents agree with the finding. F7. The County has not taken steps to challenge or change the California legal rule on changes to future pension benefits for existing employees, whether through the initiative process, clarifying legislation, or friend of the court legal briefs. Response: The respondent agrees with the finding. Recommendations: R1. The County Board of Supervisors and the Board of Directors of CCCFPD should establish a task force to review all options available to reduce the burden of the County and CCCFPD's pension obligations, including efforts to bring about a reform in California public pension law. The task force should: • Confirm with the County's or CCCERA's actuaries what level of potential savings in pension costs could be achieved through negotiations with employees hired before 2013 for reductions in pension benefits for future employment periods. • Review with qualified legal counsel what strategies are available to seek a change or clarification in California law to assure changes to future pension benefits for current employees are proper subjects of collective bargaining. Such strategies might include participation in a state ballot initiative, the filing of "friend of court" legal briefs, sponsoring clarifying language for the Meyers- Milias-Brown Act, or including changes to future pension benefits for current employees as a subject for collective bargaining negotiations. • Recommend what limits the Boards should establish as a matter of policy on any such reductions in future pension benefits for current employees, such as a minimum benefit tied to PEPRA rates as set forth in this report. • Recommend a policy for keeping the County's and CCCFPD's employee groups informed of the Boards' intentions on any strategies for change so as to assure employees that any changes would be subject to collective bargaining and minimums set forth in the Boards' minimum benefit policy. • Recommend a policy for keeping County citizens fully informed of the potential costs of any changes in pension benefits negotiated with the County's and CCCFPD's employee groups. Response: The recommendation will not be implemented at this time. Although neither the County nor the District are opposed to such a mission, the County and Fire District are Attachment C 39 of 122 3 currently in negotiations with the majority of bargaining groups to restructure delivery of healthcare to employees. It is reasonable to believe that the result will impact competitive pressures in retaining and recruiting a skilled and professional workforce. Additionally, the District is in the midst of a significant restructuring of delivery of ambulance services. Neither the County nor the Fire District are currently in an administrative position to take on such an undertaking. R2. The task force should be formed within 90 days and be required to report back to the Boards with its recommendations within 90 - 120 days. Response: The recommendation will not be implemented. See response to recommendation R1. R3. Establish a special web page on the County web site where citizens can easily track by means of a pension "dashboard" the costs and size of the County's and CCCFPD's pension obligations and the progress on its plans to reduce their costs. Response: The recommendation will not be implemented at this time. The County and District’s Budget and CCCERA’s web sites include annual updates of pension obligation and funding process. The obligation changes are calculated annually, which does not warrant a web page “dashboard”, which is more suited for launching applications quickly for items that change often such as a stock ticker or weather report. The County’s current pension information page is three clicks from the main menu and CCCERA’s is two clicks from the main menu. Should the County and/or District undertake an effort to reform California public pension law in the future, such a “dashboard” could be utilized to keep employees and the public apprised of the progress on its plans to reduce costs. Attachment C 40 of 122 CalPERS, CalSTRS and other government pensions The authors of an initiative giving voters the power to decide whether new government employees get pensions said they will “commission a legal review” of the ballot summary issued yesterday by Attorney General Kamala Harris. Two previous pension reform initiatives were dropped after sponsors said Harris gave them ballot titles and summaries that were inaccurate and misleading, making voter approval unlikely. The authors of the new initiative (http://carldemaio.com/sites/default/ﬁles/Pension%20Initiative%206‐2‐15.pdf ), former San Jose Mayor Chuck Reed and former San Diego City Councilman Carl DeMaio, said “politicians and union bosses” opposing the initiative “continue to try to mislead the public on what the initiative does.” But a news release from the two leaders of a bipartisan group backing the new initiative, which is aimed at the November ballot next year, did not cite a speciﬁc problem with the Harris summary of the initiative. The initiative leaders previously have said they intended to ﬁle the initiative early to allow time for a legal challenge of the title and summary, if needed. Polling to see how the title and summary is received by voters also has been mentioned. “Reed and DeMaio noted that the next step in their campaign will be to commission a legal review (of) the ballot measure ‘Title and Summary’ concocted by state politicians,” said their news release. “Once that review is completed, DeMaio and Reed will kick off their signature drive to qualify the measure.” A coalition of public employee unions opposed to the initiative gave Harris, who is running for the U.S. Senate next year, some claim to the middle ground on her ballot summary by drawing ﬁre from both sides. “We strongly disagree with the attorney general’s elimination of the speciﬁc mention of teachers, nurses, police and ﬁreﬁghters in the title and summary,” Dave Low, chairman of Californians for Retirement Security, said in a news release. “They are the bulk of the public servants whose retirement security and death and disability beneﬁts would be abolished by this heavy‐handed measure.” The elimination of death and disability beneﬁts was used in television ads a decade ago that helped persuade former Gov. Arnold Schwarzenegger to drop his support for a measure to switch new state and local government employees to 401(k)‐style plans. Pension initiative ballot summary draws crossfire | Calpensions http://calpensions.com/2015/08/12/pension-initiative-ballot-summary-dr... 1 of 5 9/23/2015 5:47 PM Attachment D 41 of 122 (https://calpensions.ﬁles.wordpress.com/2015/08/harris.jpg) Kamala Harris In an apparent response, the new initiative says it shall not be “interpreted to modify or limit any disability beneﬁts provided for government employees or death beneﬁts for families.” Reed dropped a different pension reform initiative last year after losing a court battle to change a Harris ballot summary. One of his complaints was that the summary “singles out a few speciﬁc public occupations” held in high regard by voters. The ﬁrst sentence of the initiative summary last year: “Eliminates constitutional protections for vested pension and retiree healthcare beneﬁts for current public employees, including teachers, nurses, and peace officers, for future work performed.” Low’s complaint is that the occupations are not speciﬁc in the ﬁrst sentence of the initiative summary this year: “Eliminates constitutional protections for vested pension and retiree healthcare beneﬁts for current public employees, including those working in K‐12 schools, higher education, hospitals, and police protection, for future work performed.” But the new Harris summary repeats what once again may be the main issue. Another of Reed’s complaints last year was that the summary incorrectly said the initiative eliminates the vested pension rights of current workers. A superior court judge found that the initiative summary was not “false and misleading,” ruling that the previous Reed initiative was an attempt to overturn the “California rule.” The rule results from a series of state court decisions widely believed to mean that the pension offered on the date of hire becomes a vested right, protected by contract law, that can only be cut if offset by a comparable new beneﬁt. And it may be important to voters. A labor polling ﬁrm found that “California voters reject the idea of reducing or eliminating retirement beneﬁts for current public employees,” calling it a “visceral negative response,“ the Sacramento Bee reported (http://www.sacbee.com/news/politics‐government/the‐state‐worker /article2586853.html). Most pension reforms are limited to new hires, which takes years to yield savings. Cutting pensions earned by current workers in the future gets immediate savings, urgently sought by reformers who say pensions are taking money needed for other programs. Pension initiative ballot summary draws crossfire | Calpensions http://calpensions.com/2015/08/12/pension-initiative-ballot-summary-dr... 2 of 5 9/23/2015 5:47 PM Attachment D 42 of 122 Reed and the union coalition have already clashed (http://calpensions.com/2015/07/13/unions‐say‐initiative‐ allows‐future‐pension‐cuts/) over whether the new initiative would allow voters to reduce or eliminate pensions earned by current workers in the future, while protecting pensions already earned. Reed has argued that the new initiative is not intended to overturn the California rule. The union coalition disagrees, pointing to a provision that gives voters the right to determine the “compensation and retirement beneﬁts” of government employees. The official analysis of the new initiative sent to Harris by nonpartisan Legislative Analyst Mac Taylor and Brown’s ﬁnance director, Michael Cohen, said the issue is unclear and could end up in the courts. “Many of the measure’s provisions could be subject to a variety of legal challenges,” said their initiative analysis. “For instance, it is not clear to what extent allowing voters to use the power of initiative or referendum to determine elements of compensation for existing employees would change governmental employers’ contractual obligations under the California rule.” The new initiative, the “Voter Empowerment Act of 2016,” would require voter approval of pensions for new state and local government employees hired on or after Jan. 1, 2019. Some of the other provisions in the initiative require voter approval of a government employer paying more than half the cost of retirement beneﬁts for new employees and voter approval of any pension increase for current employees. “Costly government pension deals are devastating our public services — and this simple initiative gives voters the ability to stop sweetheart and unsustainable pension deals that politicians concoct behind closed doors with union bosses,” said the Reed‐DeMaio news release. “That’s why the politicians and union bosses oppose this initiative — and why they continue to try to mislead the public on what the initiative does. Despite their attempts to mislead, we are very conﬁdent the voters will understand the plain English requirements of this measure and overwhelmingly pass it in November 2016.” Low’s news release said: “While the (Harris) statement accurately reﬂects that this Tea Party‐backed measure is a back‐door way of repealing constitutionally‐vested and promised rights to retirement security and health care and breaks contracts negotiated through collective bargaining, it falls far short of describing the chaos and uncertainty that would occur if it were to pass, including the undermining of the ﬁnancial stability of the state’s major retirement systems. “The measure also purports to protect death and disability, but contradicts itself by repealing the very structure on which these beneﬁts are provided for police, ﬁreﬁghters and other public workers. This type of extreme measure will be unacceptable to California voters and is doomed to fail.” Pension initiative ballot summary draws crossfire | Calpensions http://calpensions.com/2015/08/12/pension-initiative-ballot-summary-dr... 3 of 5 9/23/2015 5:47 PM Attachment D 43 of 122 (https://calpensions.ﬁles.wordpress.com /2015/08/ts1.png) Attorney general’s title and summary of proposed pension initiative Reporter Ed Mendel covered the Capitol in Sacramento for nearly three decades, most recently for the San Diego Union‐Tribune. More stories are at Calpensions.com. Posted 12 Aug 15 This entry was posted on August 12, 2015 at 7:29 am and is ﬁled under Initiative. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed. Tough Love Says: August 13, 2015 at 11:35 pm At the very least …… in the 1‐st sentence, the LAST 4 words “for future work performed” SHOULD HAVE followed the FIRST word “Eliminates”. I believe that this placement was intentional, not just poor sentence construction. Mr. Reed should, along with other issues he ﬁnds misleading, try to have a Judge order the correction noted. Pension initiative ballot summary draws crossfire | Calpensions http://calpensions.com/2015/08/12/pension-initiative-ballot-summary-dr... 4 of 5 9/23/2015 5:47 PM Attachment D 44 of 122 Voter Empowerment Act of 2016 SECTION 1. TITLE. This measure shall be known and may be cited as “The Voter Empowerment Act of 2016.” SECTION 2. STATEMENT OF FINDINGS AND PURPOSE. (a) Government has an obligation to provide essential services that protect the safety, health, welfare, and quality of life enjoyed by all Californians. Unfortunately, state and local governments face a severe financial crisis due to unsustainable compensation and retirement benefits granted to government employees by state and local politicians. Without reform, California taxpayers face a future of a massive public debt requiring the elimination or reduction of even basic essential services. (b) Almost all of these disastrous financial decisions were made without the approval or consent of the voters. (c) State and local politicians, government agencies, and courts have blocked common-sense efforts to address this financial crisis. Consequently, the need to empower voters and clarify their rights with respect to compensation and retirement benefits for government employees is a matter of statewide concern. (d) Therefore, the people hereby amend the Constitution to reserve to themselves the power to approve or reject compensation and retirement benefits of government employees. SECTION 3. ARTICLE XVI of the California State Constitution is amended to add the following section: Sec. 23 Notwithstanding any other provision of this Constitution or any other law: a) Voters have the right to use the power of initiative or referendum provided in Article II, to determine the amount of and manner in which compensation and retirement benefits are provided to employees of a government employer. b) Government employers shall not enhance the pension benefits of any employee in a defined benefit pension plan unless the voters of that jurisdiction approve that enhancement. Attachment E 45 of 122 c) Government employers shall not allow new government employees to enroll in a defined benefit pension plan unless the voters of that jurisdiction approve enrollment in such a plan for new employees. d) Government employers shall not pay more than one-half of the total cost, including unfunded liability costs, of retirement benefits for new government employees unless the voters of that jurisdiction have approved paying that higher amount for such new employees. e) Government agencies and retirement boards must fully and faithfully implement voter approved initiatives that affect government employee compensation and retirement benefits approved by voters, whether placed on the ballot by a government agency or by voters. f) Challenges to the legality or application of an initiative and referendum affecting government employee compensation and retirement benefits may only be brought in the courts of California exercising judicial power as provided in Article VI or in the courts of the United States. g) Retirement boards shall not impose termination fees, accelerate payments on existing debt, or impose other financial conditions against a government employer that proposes to close a defined benefit pension plan to new members, unless voters of that jurisdiction or the sponsoring government employer approve the fees, accelerated payment, or financial conditions. h) Nothing in this section shall alter any provisions of a labor agreement in effect as of the effective date of this Act, but this Section shall apply to any successor labor agreement, renewal or extension entered into after the effective date of this Act. i) Nothing in this section shall be interpreted to modify or limit any disability benefits provided for government employees or death benefits for families of government employees, even if those benefits are provided as part of a retirement benefits system. Nothing in this section shall be interpreted to require voter approval for death or disability benefits. j) Nothing in this section shall be interpreted to reduce the retirement benefits earned by government employees for work performed. k) For the purpose of this section, the following definitions shall be applied: 1) A “new government employee” means an employee hired by a government employer commencing on or after January 1, 2019, regardless of any prior employment status with that or any other government employer. An employee on disability leave from a government employer on January 1, 2019 shall not be Attachment E 46 of 122 considered a new employee if he or she subsequently return to that same government employer. 2) “Government employer” means the state, or a political subdivision of the state including, but not limited to, counties, cities, charter counties, charter cities, charter city and counties, school districts, special districts, boards, commissions, the Regents of the University of California, California State University, and agencies thereof. 3) A “defined benefit pension plan” means a plan that provides lifetime payments to retirees and survivors based upon a formula using factors such as age, length of service and final compensation. 4) “Retirement benefits” includes defined benefit pension plans, defined contribution plans, retiree healthcare plans, or any form of deferred compensation offered by government employers. 5) A “benefit enhancement” means any change in a defined benefit pension plan that increases the value of an employee’s benefit including, but not limited to, increasing a benefit formula, increasing the rate of cost of living adjustments, expanding the categories of pay included in pension calculations, reducing a vesting period, lowering the eligible retirement age, or otherwise providing an economic advantage for government employees in a defined benefit plan, except for the disability component of any defined benefit plan. Section 5. General Provisions a) This Act is intended to be comprehensive. It is the intent of the People that in the event this Act and one or more measures relating to the same subject shall appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this Act. In the event that this Act receives a greater number of affirmative votes, the provisions of this Act shall prevail in their entirety, and all provisions of the other measure or measures shall be null and void. b) If any provision of this Act, or part thereof, or the applicability of any provision or part to any person or circumstances, is for any reason held to be invalid or unconstitutional, the remaining provisions and parts shall not be affected, but shall remain in full force and effect, and to this end the provisions and parts of this Act are severable. The voters hereby declare that this Act, and each portion and part, would have been adopted irrespective of whether any one or more provisions or parts are found to be invalid or unconstitutional. c) This Act is an exercise of the public power of the people of the State of California for the protection of the health, safety, and welfare of the people of the State of California, and shall be liberally construed to effectuate its purposes. Attachment E 47 of 122 d) Notwithstanding any other provision of law, if the State, government agency, or any of its officials fail to defend the constitutionality of this act, following its approval by the voters, any other government employer, the proponent, or in his or her absence, any citizen of this State shall have the authority to intervene in any court action challenging the constitutionality of this act for the purpose of defending its constitutionality, whether such action is in trial court, on appeal, and on discretionary review by the Supreme Court of California and/or the Supreme Court of the United States. The fees and costs of defending the action shall be a charge on funds appropriated to the Attorney General, which shall be satisfied promptly. Attachment E 48 of 122 LEGISLATION COMMITTEE 5. Meeting Date:10/01/2015 Subject:End of Session Legislative Wrap-up Submitted For: LEGISLATION COMMITTEE, Department:County Administrator Referral No.: 2015-18 Referral Name: End of Session Legislative Wrap-up Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: The Legislation Committee regularly receives a report that recaps legislation of interest to counties at the end of each legislative session. This report includes information provided by the California State Association of Counties (CSAC) as well as the Urban Counties Caucus (UCC), of which Contra Costa County is a member. Referral Update: The Legislature adjourned at Midnight on September 11. The following are highlights from the final days of the 2015 session in addition to key achievements this year. The Governor has until October 11, 2015, to take action on all bills on his desk. End-of-session legislative highlights of importance to counties include : Marijuana Regulation: Three medical marijuana regulatory bills (SB 643-McGuire; AB 266-Bonta; and AB 243-Wood) made their way through the Legislature on the last night of session. While these measures were not perfect, they did include many aspects that county organizations requested, including various local control protections, explicit county taxation authority, mechanisms for funding environmental clean-up, employer protections for workplace use of medical marijuana, and a strict licensure scheme involving a requirement for both a state and local licenses, with a local license being required first. These bills were packaged together and the passed by the Legislature in the final hours of session. Local Governance Authority Maintained: SCA 8 (Mendoza) sought to increase the number of supervisors in the most populous counties, following statewide voter approval. CSAC successfully lobbied against this measure as it was taken up in the final hours of session. CSAC opposed SCA 8 due to the significant new cost pressures on counties and loss of local control. The measure failed passage in the first house. Local Government Finance and RDA: SB 107 (Budget Committee) was the final iteration of a redevelopment agency dissolution proposal that represented a compromise between the Administration and the Assembly leadership. This bill was very similar to CSAC supported AB 113 that included several key local government finance clean-up provisions for specific 49 of 122 counties including ending negative bailout, correcting tax equity allocations, and forgiving ERAF calculation errors. SB 107 was signed by the Governor. Medicaid Waiver: SB 36 (Hernandez) was passed after a unanimous vote on the Senate Floor in the waning hours of the session. Originally a vehicle for authorizing the terms and conditions of a new Section 1115 Medicaid public hospital waiver, it was amended to allow the state to request extensions of the existing Bridge to Reform Waiver since negotiations on the new waiver have not yet concluded. CSAC supported this bill. Continuum of Care Reform: AB 403 (Stone) was passed by the Assembly today to concur in Senate amendments and was sent to the Governor. The bill is a landmark piece of legislation regarding the Administration’s Continuum of Care Reform effort to revamp the State’s foster youth group home system. CSAC worked with county affiliates and the Department of Social Services to add clarity to the bill. However, it remains a work in progress and the implementation phase – which will take years – will begin this fall. CSAC maintained a Support in Concept position. Climate Change: SB 350 (de León) passed in the final hours of the Legislative Session and is expected to be signed by the Governor. The measure will enact the Clean Energy and Pollution Reduction Act of 2015 which establishes targets to increase retail sales of renewable electricity to 50% by 2030 and double the energy efficiency savings in electricity and natural gas uses by 2030. The bill was amended earlier this week to strip the provision that would have established a statewide goal to codify the Governor’s Executive Order to reduce greenhouse gas emissions by reducing the state’s petroleum use from cars by 50 percent. Despite SB 350 passing, the Legislature failed to pass an expenditure plan for cap and trade revenues for FY 15-16. Groundwater: SB 226 (Pavley) and AB 1390 (Alejo) both won final approval in the Legislature and are aimed at improving the groundwater basin adjudication process. SB 226 now includes related and necessary changes to the Sustainable Groundwater Management Act (SGMA) and provides for state intervention in groundwater adjudications. AB 1390 addresses all the procedural aspects of an accelerated adjudication process. CSAC and RCRC were opposed to SB 226 and AB 1390 but succeeded in obtaining amendments to both bills that resulted in the two organizations removing their opposition. Drone Liability: SB 168 (Gaines) was a last minute bill that moved quickly through the legislative process that would provide immunity for first responders who damage a civilian drone directly interfering with ambulance services, firefighting-related services, and search and rescue operations. CSAC partnered with UCC and the League of Ca. Cities to support this measure. Collective Bargaining: CSAC was instrumental in blocking a last minute attempt by unions to introduce legislation that would mandate union representative participation in new employee orientations. The bill would have required immediate reopening of collective bargaining agreements and was a purported preemption to the Friedrichs v. California Teachers Association decision by the United States Supreme Court. That ruling could affect a union’s collection of “fair share” from employees. Open Data: SB 272 (Hertzberg) CSAC worked diligently with Senator Bob Hertzberg on his open data legislation, SB 272. After several rounds of amendments, CSAC and a broad coalition were able to remove opposition to the bill, which requires local government agencies to create catalogs of the information systems used to manage data and make that information available to the public under the California Public Records Act. More Work to Be Done: There were a number of significant issues of importance to counties that unfortunately failed to receive the two-thirds vote necessary for passage. Those include an 50 of 122 elusive transportation funding package, a managed care organization (MCO) taxand a Proposition 218 amendment to allow local governments to impose fees for storm water and flood control. Although the Governor called special sessions to tackle both transportation funding shortfalls for the state and local systems and the MCO tax, and despite some last minute negotiations, a compromise was not reached on either issue. Both special sessions are expected to remain open and conference committees were formed to allow for further discussions after the regular session ends. Many believe that a vote on these revenue issues must occur before the end of this year in order to occur at all because of the difficulty of securing tax votes during an election year (2016). Recently, Speaker Toni Atkins and Senate President pro Tempore Kevin de León announced the appointment of legislators to serve on conference committees formed in the transportation infrastructure and health care special sessions. Readers will recall that while the Legislature could not reach agreement on an extension of the Managed Care Organization tax or new funding for transportation infrastructure during the last week of the regular session, both houses took procedural votes to facilitate the formation of conference committees to continue working on these issues in the special sessions. In the transportation special session, the Senate appointed Senators Beall (D-San Jose), Leyva (D-Chino), Allen (D-Santa Monica), Cannella (R-Ceres), and Gaines (R-Roseville) to the conference committee. On the Assembly side, the representatives will be Assembly Members Gomez (D-Northeast Los Angeles), Burke (D-Inglewood), Melendrez (R-Lake Elsinore), Mullin (D-South San Francisco), and Obernolte (R-Big Bear Lake). Beall and Gomez will serve as co-chairs. While the timing of any action by the conference committee is unclear, an initial hearing may be held toward the beginning of October. In the health care special session, Senator Hernandez (D-West Covina) will serve as co-chair. The Senate also appointed Senators Leno (D-San Francisco), Mitchell (D-Culver City) and Nielsen (R-Gerber), leaving one Republican vacancy to be filled. However, unlike the transportation special session, the Assembly did not announce their conference committee appointees for the health care special session. State Budget: As the Legislature gaveled to close, state revenues continue to surge above adopted budget estimates in the start of the 2015-16 fiscal year. All three main state revenue sources – personal income tax, sales and use tax, and corporation tax revenue – show strong returns that are 5% above anticipated revenues for this time of year. The Administration is already working to develop the Governor’s 2016-17 Budget proposal, which will be released by January 10, 2016. Looking back to the 2015-16 Budget, counties did well in some significant areas, including full repayment of the pre-2004 mandate debt owed to local governments and the first payment in lieu of taxes (PILT) funds made in twenty years. A total of $765 million in pre-2004 mandate debt will be repaid statewide to local agencies by the end of the 2015, with approximately $533 million going to counties for services already rendered. Payments on the principle were distributed earlier this summer and final interest payments are slated for October 2, 2015. In addition, $9.6 million in Public Records Act mandate reimbursement was included in the budget for local agencies statewide. Further, a number of additional funding priorities were secured as part of the $115 billion adopted state budget including nearly $245 million for county administration of the Medi-Cal program and the creation of a new Earned Income Tax Credit for the poorest Californians. 51 of 122 The bills that the Urban Counties Caucus has been actively engaged with are included in Attachment A. The bills that Contra Costa County has been tracking and advocating on are included in a subsequent agenda item. Recommendation(s)/Next Step(s): ACCEPT the report on legislative highlights from the past legislative session and provide direction to staff, as needed. Attachments Attachment A: UCC Bill List 52 of 122 1 UCC Bill List – 2015 Updated September 18, 2015 AB 45 (Mullin) – Household Hazardous Waste This bill would would require each jurisdiction that provides for the residential collection and disposal of solid waste to increase the collection and diversion of household hazardous waste in its service area on or before July 20, 2020 by 15% over a baseline amount to be determined in accordance with regulations. UCC Position: Oppose. Status: Held in the Assembly Appropriations Committee – 2-year bill. AB 57 (Quirk) – Telecommunications This bill would provide that a sitting application for a wireless telecommunications facility is deemed approved, if the city or county fails to approve or disapprove the application within the time periods established by the commission and all required public notices have been provided regarding the application. UCC Position: Oppose Status: Enrolled. AB 193 (Maienschein) – Mental Health: Conservatorship Hearings This bill would authorize the Probate Court to recommend a Lanterman-Petris-Short Act (LPS) conservatorship to a county conservatorship officer and compel that officer to submit a report to the Probate Court within 30 days. UCC Position: Oppose. Status: Enrolled. AB 243 (Wood) – Medical Marijuana This bill would make changes regarding medical marijuana cultivation including environmental protections, local and state licensing provisions, creating a state grant program, and defining cannabis as an agricultural product. Part of a three-bill package. UCC Position: Support. Status: Enrolled. AB 247 (Waldron) – Animal Control Officers This bill would require animal control officers to complete a course in the exercise of powers of arrest as well as require continuing education requirements. UCC Position: Oppose Unless Amended. Status: Held in the Assembly Appropriations Committee – 2 year bill. Attachment A 53 of 122 2 AB 259 (Dababneh) – Personal Information: privacy This bill would require a public agency that is the source of a data breach to provide at least 12 months of appropriate identity theft protection and mitigation services at no cost to the consumer if the breach exposed, or may have exposed a person’s name in combination with a social security number or driver’s license number. UCC Position: Oppose Unless Amended. Status: Held in the Senate Appropriations Committee – 2 year bill. AB 266 (Bonta) – Medical Cannabis This bill would this bill would create the Bureau of Medical Marijuana within the Department of Consumer Affairs which would be the lead agency to oversee medical marijuana regulation with other state departments having designated responsibilities. This bill would establish licensing provisions by requiring a local license or permit and then a state license in order to operate. This bill includes local control provisions including the ability of counties to regulate, license, and enforce medical cannabis; drug free workplace provisions; licensing framework including limitations on the number of licenses; testing and labeling of various cannabis products; and the elimination of the cooperative model. UCC Status: Support. Status: Enrolled. AB 280 (Brown) – Small Claims Court: Jurisdiction This bill would raise the limit of small claims that a local government may submit to small claims from $5,000 to 10,000. This bill would also eliminate the provision relating to the transfer of small claims actions where the opposing party is represented by counsel. UCC Position: Support. Status: Pending in the Assembly Judiciary Committee – 2 year bill. AB 363 (Steinorth) – Ballot processing This bill would allow county election officials to begin transporting ballots from polling places to the designated counting place prior to the polls closing. UCC Position: Support. Status: Enrolled. AB 547 (Gonzalez) – Elections: Special Elections: all-mailed ballot elections This bill would allow San Diego County or any local agency in the county to conduct a special election to fill a congressional or legislative vacancy by mail under certain conditions. UCC Position: Support. Status: Enrolled. Attachment A 54 of 122 3 AB 823 (Bigelow) – Counties: Ordinances This bill would make changes to the requirements for county Boards of Supervisors to provide notice of ordinances for public inspection. UCC Position: Support. Status: Signed, Chapter Ch. 39. AB 851 (Mayes) – Local Government: organization: disincorporations This bill would establish procedures for a disincorporation, which includes the city providing a written statement which certifies information regarding its indebtedness and revenues available, and provides procedures for the successor agency including land use guidelines, financial responsibilites, and other governmental procedures to ensure an orderly transition of services and responsibilities. UCC Position: Support. Status: Enrolled. AB 879 (Burke) – Juveniles: Court proceedings notices This bill would allow counties, the courts, and individuals to opt-in to an electronic notice system for notices of scheduled court hearings. UCC Position: Support Status: Signed, Chapter 219. AB 971 (Chang) – Payment of Expenses This bill would require the State to pay for all costs necessary to conduct a special election on or after January 1, 2015. UCC Position: Support. Status: Held in the Assembly Appropriations Committee – 2 year bill. AB 1051 (Maienschein) – Human Trafficking This bill would add human trafficking as an offense that may be used to establish a pattern of criminal gang activity. UCC Position: Support. Status: Held in the Senate Appropriations Committee – 2 year bill. AB 1119 (Rendon) – Public Utilities: municipal corporations: rights of way This bill would clarify that the term municipal corporation includes counties related to utility projects. UCC Position: Support. Status: Enrolled. Attachment A 55 of 122 4 AB 1146 (Jones) – Skateboard Parks This bill would extend existing provisions related to liability at skateboard parks to other wheeled recreational devices. UCC Position: Support. Status: Signed, Chapter 221. AB 1193 (Eggman) – Mental Health Services: assisted outpatient treatment This bill would remove the provision that authorized a county to elect to participate in the program and instead require each county that has not heard Laura’s Law by January 1, 2017 to conduct a hearing on the adoption of Laura’s Law by January 1, 2018. UCC Position: Oppose Unless Amended. Status: Held in the Assembly Appropriations Committee – 2 year bill. AB 1236 (Chiu) – Electric Vehicles This bill would require cities and counties to adopt an ordinance to create a new expedited permitting and inspection process for electric vehicle (EV) charging stations. UCC Position: Oppose. Status: Enrolled. AB 1238 (Linder) – Certified copies of marriage, birth and death certificates This bill would allow jurisdiction to provide constituents with the option to verify their identity through a secured electronic identification process when requesting their vital records. This bill also provides that any system or product used to process the electronic request and establish the requester’s identity must comply with the California Uniform Electronic Transactions Act and all other laws to guard against identity theft. UCC Position: Support/Co-Sponsor. Status: Pending in the Assembly Rules Committee – 2 year bill. AB 1300 (Ridley-Thomas) – Mental Health: Involuntary Commitment This bill would make several changes to the Lanterman-Petris-Short Act (LPS) and the protections and procedures in place for individuals who are suffering from a mental health emergency. These changes include revising when the 72-hour clock starts for involuntary holds, and allowing emergency rooms to release those in crisis earlier and without adequate evaluation by a mental health professional. UCC Position: Oppose. Status: Pending in the Assembly Appropriations Committee – 2-year bill. AB 1301 (Jones-Sawyer) – Voting Rights: Preclearance This bill would establish a state preclearance system which would require local agencies that make changes to election procedures to get approval from the Secretary of State. UCC Position: Neutral. Status: Enrolled. Attachment A 56 of 122 5 AB 1315 (Alejo) – Public Contracts: water pollution prevention plans: delegation This bill would prohibit a public entity, charter city, or charter county from delegating to a contractor the development of a plan, as defined, used to prevent or reduce water pollution or runoff on a public works contract. UCC Position: Oppose. Status: Held in the Assembly Appropriations Committee – 2 year bill. AB 1335 (Atkins) – Building Homes and Jobs Act This bill would establish a permanent source for affordable housing by assessing a $75 fee on real estate transaction documents, excluding home sales. UCC Position: Support if Amended. Status: Pending on the Assembly Floor – 2 year bill. AB 1347 (Chiu) – Public Contracts: Claims Resolution Process This bill would establish, for contracts entered into on or after January 1, 2016, a claim resolution process applicable to all public entity contracts. The bill would require a public entity, upon receipt of a claim sent by registered mail, to review it and, within 30 days, provide a written statement addressing what parts of the claim are disputed and what parts are undisputed. The bill would require disputed parts of the claim to be subject to nonbinding mediation. UCC Position: Neutral. Status: Enrolled. AB 1424 (Mullin) – Community Mental Health Board This bill would allow a consumer of mental health services who has obtained employment with an employer as part of his or her recovery to be on the community mental health board as long as the position in which he or she has no interest, influence, or authority over any financial or contractual matter concerning the employer. UCC Position: Support. Status: Signed, Chapter 127. AB 1504 (Alejo) – Elections: all mailed ballots This bill would expand the pilot project to Monterey and Sacramento counties, which would provide more data and information to the Legislature regarding this proposed change in election procedures. Conducting elections by all-mail ballot would provide a significant cost savings as well as be more convenient for voters. UCC Position: Support Status: Enrolled. SB 25 (Roth) – Local Government Finance: VLF adjustments This bill would provide an adjustment in the amount of vehicle license fees (VLF) for those newly incorporated cities and cities with annexed properties that were impacted by SB 89. UCC Position: Support. Status: Enrolled. Attachment A 57 of 122 6 SB 36 (Hernandez) – Medi-Cal This bill would authorize the Director of the Department of Health Care Services (DHCS) to request temporary extensions to the existing Medi-Cal demonstration project. UCC Position: Support. Status: Enrolled. SB 107 (Cmte on Budget) – Redevelopment This bill would make changes to the redevelopment dissolution process, and provide local government omnibus provision to help counties including the four cities in Riverside, negative bail out, and other long-standing county finance issues. UCC Position: Support. SB 122 (Jackson, Hill) – CA Environmental Quality Act: record of proceedings This bill would require the lead agency, at the request of a project applicant and consent of the lead agency, to prepare a record of proceedings concurrently with the preparation of a negative declaration, mitigated negative declaration, EIR, or other environmental document. UCC Position: Neutral. Status: Held in the Assembly Appropriations Committee – 2 year bill. SB 181, 182, 183 (Committee on Governance and Finance) – Validating Acts These bills help to remedy minor errors or omissions in procedural acts of counties, cities, special districts and school districts. UCC Position: Support. Status: SB 181 – Signed by Governor, Ch. 4. SB 182 - Chaptered. Ch. 256. SB 183 – Chaptered. Ch. 45. SB 196 (Hancock) – Elder Abuse: protective orders This bill would allow either an Adult Protective Services (APS) agency or a public conservator to file for a protective order under certain circumstances. This bill would also provide that an APS agency or public guardian may file for a protective order when an individual lacks capacity and a conservatorship is being sought. UCC Position: Support Status: Signed, Chaptered. Ch. 285. SB 201 (Wieckowski) – California Public Records Act This bill would require a court to apply the provisions of the California Public Records Act (CPRA) in certain cases involving a third party intervention. UCC Position: Oppose Unless Amended. Status: Pending in the Senate Judiciary Committee -- 2-year bill. SB 237 (Anderson) – Animal Control Officers This bill would require every person appointed as an animal control officer prior to July 1, 2016 to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 1, Attachment A 58 of 122 7 2017. This bill would also require every person appointed as an animal control officer to complete 40 hours of continuing education once every three years. UCC Position: Oppose Unless Amended. Status: Held in the Senate Appropriations Committee – 2 year bill. SB 238 (Mitchell) – Foster Care: psychotropic medication This bill would allow county social workers and other key parties to provide more comprehensive oversight for children in the child welfare system who are prescribed psychotropic medications. UCC Position: Support Status: Enrolled. SB 266 (Block) – Flash Incarceration This bill would authorize county probation departments to use “flash incarceration” for a pe rson on probation or mandatory supervision. UCC Position: Support. Status: Pending in the Assembly Public Safety Committee – 2 year bill. SB 272 (Hertzberg) – The California Public Records Act: local agencies: inventory This bill would require local agencies to create a catalog of enterprise systems including system name and vendor name for all data systems. UCC Position: Neutral. Status: Enrolled. SB 321 (Beall) – Motor Vehicle Fuel Taxes: rates: adjustments This bill would provide for a smoothing process related to the Board of Equalization’s (BOE) annual adjustment of the price of gas excise tax. UCC Position: Support. Status: Inactive File – 2 year bill. SB 331 (Mendoza) – Public Contracts: Negotiations This bill would require cities and counties that have adopted a Civic Openness in Negotiations (COIN) ordinance to comply with specified disclosure requirements regarding contract negotiations with private entities. UCC Position: Oppose. Status: Enrolled. SB 364 (Leno) – Residential Real Property: withdrawal of accommodations This bill would allows San Francisco to prohibit, by ordinance or ballot measure, a rental housing owner from removing a building from the market pursuant to the Ellis Act unless all owners in the property have held their ownership interest for at least five years. UCC Position: Support Status: Failed in the Senate Transportation and Housing Committee on April 15, 2015 -- 2-year bill. Attachment A 59 of 122 8 SB 478 (Huff) – Child Abuse and Neglect Reporting Act: mandated reporters: pilot program This bill would authorize certain county welfare agencies to develop a pilot program for Internet- based reporting of child abuse and neglect. UCC Position: Support. Status: Enrolled. SB 512 (Hill) – Criminal History Information: Health Services Personnel This bill would allow local criminal justice agencies to provide summary criminal history information to city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues for the purpose of providing assessment treatment, rehabilitation or other health care to those individuals. UCC Position: Support. Status: Held in the Senate Appropriations Committee – 2 year bill. SB 604 (Hall) – CA Insurance Guarantee Association: Definitions This bill would clarify existing law to provide that self-insured government entities are not liable for the workers’ compensation benefits for employees of contracted temporary service agencies when their insurer becomes insolvent. UCC Position: Support. Status: Pending in the Senate Insurance Committee -- 2 year bill. SB 614 (Leno) – Medi-Cal: mental health services This bill would establish a Peer and Family Support Specialist Certification Program to be administered by the Department of Health Care Services (DHCS). UCC Position: Support Status: Assembly Inactive File – 2 year bill. SB 643 (McGuire) – Medical Marijuana This bill is part of a three bill package on medical marijuana. This bill would provide that the Department of Consumer Affairs would have the sole authority to create, issue, renew disciple, suspend or revoke licenses for the transportation, distribution and sale of medical marijuana within the state. This bill would provide that the Department of Food and Agriculture would have the authority over licenses related to cultivation of medical cannabis. This bill also includes county taxing authority, local control provisions related to the ability to regulate and license, and the ability for local jurisdictions to assess fees and taxes. UCC Position: Support. Status: Enrolled. SBx1 1 (Beall) – Transportation Funding This bill would provide funding to transportation by increasing various taxes to fund transportation and providing funding to both the state and local systems. UCC Position: Support. Status: Pending in the Senate Appropriations Committee. Attachment A 60 of 122 9 SCAx1 1 (Huff) - Transportation This measure would prohibit the Legislature from borrowing revenues from fees and taxes imposed by the state on vehicles or their use of operation and from those revenues. UCC Position: Support. Status: Pending in the Senate Appropriations. SCA 8 (Mendoza) – Charter Counties: BOS: Redistricting This bill would provide that in a county with a population of two million, beginning with the 2020 United States Census, the county charter must provide that the governing body consist of seven or more members. In addition, the expenditures for the governing body and its staff may not exceed the amount provided in previous fiscal years. This bill would also require that a county charter provides that Supervisors must reside within the district that they are elected to represent, on or after January 1, 2021. UCC Position: Oppose Unless Amended. Status: Failed on the Senate Floor – 2 year bill. Attachment A 61 of 122 LEGISLATION COMMITTEE 6. Meeting Date:10/01/2015 Subject:Contra Costa County Bills of Interest Submitted For: LEGISLATION COMMITTEE, Department:County Administrator Referral No.: 2015-17 Referral Name: Countra Costa County Bills of Interest Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: The Legislation Committee regularly receives a report of the bills of interest that the County is tracking and/or taking a position on. Referral Update: The most recent report of the "Bill of Interest" to Contra Costa County is attached. Recommendation(s)/Next Step(s): ACCEPT the "Bills of Interest" report and provide direction to staff, as needed. Attachments Attachment A 62 of 122 Bill Status Report Master File 2015 1 CA AB 11 AUTHOR: Gonzalez [D] TITLE: Employment: Paid Sick Days: In-Home Supportive Services INTRODUCED:12/01/2014 DISPOSITION: Pending - Carryover LOCATION: Assembly Appropriations Committee SUMMARY: Revises the definition of an employee under the Healthy workplaces, Healthy Families Act of 2014 to include providers of in-home support services. STATUS: 05/28/2015 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Commentary: Entitles IHSS workers to accrue one hour of sick leave for every 30 hours worked CA AB 22 AUTHOR: Rodriguez [D] TITLE: Office of Emergency Services: Oil-by-Rail Spills INTRODUCED:12/01/2014 DISPOSITION: Pending - Carryover LOCATION: Senate Appropriations Committee SUMMARY: Requires the Curriculum Development Advisory Committee to review the curriculum and courses of instruction offered by public and private programs that train firefighters in response methods for oil-by-rail spills. Requires the Office of Emergency Services to compile a list of those curriculum and courses of instruction. STATUS: 08/27/2015 In SENATE Committee on APPROPRIATIONS: Held in committee. Commentary: Sent LOS for 8/17 hearing. Position: Support CA AB 35 AUTHOR: Chiu [D] TITLE: Income tax: Credit: Low-Income Housing: Allocation INTRODUCED:12/01/2014 DISPOSITION: To Governor LOCATION: Enrolled SUMMARY: Amends existing law establishing a low-income housing tax credit program to which the State Tax Credit Allocation Committee provides procedures and requirements for the allocation of State insurance, income, and corporation tax credits amount among low-income housing projects. Increases the aggregate housing credit dollar amount that may be allocated among such projects. Attachment A 63 of 122 Bill Status Report Master File 2015 2 Modifies the definition of percentage relating to qualified low-income buildings in all listed tax laws. STATUS: 09/15/2015 Enrolled. Commentary: Consistent with platform. Send LOS to author 6/4/15. Sent LOS to Comm for 7/1/15, 8/17 hearing. Position: Support CA AB 43 AUTHOR: Stone [D] TITLE: Personal Income Taxes: Credit: Earned Income INTRODUCED:12/01/2014 DISPOSITION: Pending - Carryover LOCATION: Senate Appropriations Committee SUMMARY: Provides for an earned income credit under the Personal Income Tax Law to an eligible individual that is equal to specified percentages of the earned income tax credit allowed by federal law, that would only be allowed in those taxable years in which an appropriation is made by the Legislature. Provides that in those years in which the appropriation is made, the credit is refundable. STATUS: 08/27/2015 In SENATE Committee on APPROPRIATIONS: Held in committee. Commentary: Consistent with Platform. Sent LOS for 5/11, 7/15, 8/17 hearings. Position: Support CA AB 45 AUTHOR: Mullin [D] TITLE: Household Hazardous Waste INTRODUCED:12/01/2014 DISPOSITION: Pending - Carryover LOCATION: Assembly Appropriations Committee SUMMARY: Requires each jurisdiction providing for the residential collection and disposal of solid waste to increase the collection and diversion of household hazardous waste in its service area over the baseline. Provides the increase is to be determined in accordance with Department of Resources Recycling and Recovery regulations. Authorizes the adoption of a model ordinance for a comprehensive program for the collection of waste. Requires an annual report to the Department on progress in achieving compliance. STATUS: 05/20/2015 In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File. Commentary: Watch. CSAC has an "oppose" position on the bill. Attachment A 64 of 122 Bill Status Report Master File 2015 3 CA AB 57 AUTHOR: Quirk [D] TITLE: Wireless Telecommunications Facilities INTRODUCED:12/02/2014 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Provides that a collocation or siting application for a wireless telecommunications facility is deemed approved if the application is not approved or disapproved within the reasonable time periods specified in application decisions of the Federal Communications Commission, all required public notices have been providing regarding the application, and the applicant has provided a notice to the city or county that the reasonable time period has lapsed. STATUS: 09/03/2015 *****To GOVERNOR. Commentary: Veto request sent to Governor 9/9/15. Position: Oppose CA AB 59 AUTHOR: Waldron [R] TITLE: Mental Health Services: Assisted Outpatient Treatment INTRODUCED:12/09/2014 DISPOSITION: Pending - Carryover LOCATION: Assembly Judiciary Committee SUMMARY: Deletes the repeal date of the Assisted Outpatient Treatment Demonstration Project Act of 2002. Authorizes professional staff of an agency or facility that provided treatment of a person who is released from intensive treatment or postcertification treatment, to evaluate whether the person meets the criteria for assisted outpatient treatment, and to petition the Superior Court therefor. STATUS: 04/28/2015 In ASSEMBLY Committee on JUDICIARY: Failed passage. 04/28/2015 In ASSEMBLY Committee on JUDICIARY: Reconsideration granted. Commentary: No impact. Position: Watch CA AB 65 AUTHOR: Alejo [D] TITLE: Local Law Enforcement: Body-Worn Cameras INTRODUCED:12/17/2014 DISPOSITION: Pending - Carryover LOCATION: Assembly Appropriations Committee SUMMARY: Attachment A 65 of 122 Bill Status Report Master File 2015 4 Requires the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel to operate the program. Creates the Body-Worn Camera Fund. Diverts moneys from court fines, forfeitures, and penalties on criminal offenses to the Fund. STATUS: 05/28/2015 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Commentary: Assembly Bill 65, by Assembly Member Luis Alejo, would require the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. President Obama in December announced a three-year, $263 million funding package called the "Body Worn Camera Partnership Program" (Program). The money will be used to match 50 percent spending by local law enforcement agencies and states on body cameras and equipment storage, as well as expanded training for law enforcement and an increase in the number of cities where the United States Department of Justice facilitates local law enforcement engagement with the community. CA AB 86 AUTHOR: McCarty [D] TITLE: Peace Officers: Department of Justice: Investigation INTRODUCED:01/06/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Appropriations Committee SUMMARY: Requires the Attorney General to appoint a special prosecutor to direct an independent investigation if a peace officer uses deadly physical force upon another person and that person dies as result of that use of deadly force. Grants such prosecutor sole authority to determine whether criminal charges should be filed. Makes the special prosecutor responsible for prosecuting any charges filed. STATUS: 05/28/2015 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Commentary: watch bill Position: Watch CA AB 150 AUTHOR: Melendez [R] TITLE: Theft: Firearms INTRODUCED:01/15/2015 Attachment A 66 of 122 Bill Status Report Master File 2015 5 DISPOSITION: Pending - Carryover LOCATION: Assembly Appropriations Committee SUMMARY: Makes the theft of a firearm grand theft in all cases, punishable by imprisonment in the state prison. Makes buying or receiving a stolen firearm a misdemeanor or a felony. STATUS: 05/28/2015 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Commentary: Watch CA AB 157 AUTHOR: Levine [D] TITLE: Richmond-San Rafael Bridge INTRODUCED:01/20/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Authorizes the lead agency to complete the design work for the project simultaneously with the environmental review conducted pursuant to the California Environmental Quality Act if the Metropolitan Transportation Commission and the Department of Transportation develop a project to open the third lane on the Richmond-San Rafael Bridge to automobile traffic on the eastbound level and to bicycle traffic on the westbound level. STATUS: 09/14/2015 *****To GOVERNOR. Commentary: Sending a Chair letter. Need BOS action 8/25. CA AB 171 AUTHOR: Irwin [D] TITLE: Department of Veterans Affairs: Veterans Services INTRODUCED:01/22/2015 DISPOSITION: Pending - Carryover LOCATION: Senate Inactive File SUMMARY: Requires the Department of Veterans Affairs to develop an allocation formula based upon performance standards that encourage innovation and reward outstanding service by county veterans service officers. Requires those funds to be allocated in accordance with that formula. Requires an annual report on the impact of the subvention funds on each county that receives those funds. Deletes obsolete provisions. Makes conforming changes. STATUS: 09/01/2015 In SENATE. From third reading. To Inactive File. Commentary: Consistent with Board policy--Veterans Issues #154. Sent letter of support for 3/10/15 and 5/28/15, 6/23/15, 7/6/15 hearings. Attachment A 67 of 122 Bill Status Report Master File 2015 6 Position: Support CA AB 190 AUTHOR: Harper [R] TITLE: Solid Waste: Single-Use Carryout Bags INTRODUCED:01/27/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Natural Resources Committee SUMMARY: Imposes prohibitions and requirements regarding single-use carry-out bags on convenience food stores, foodmarts, and entities that are engaged in the sale of limited line of goods, or goods intended to be consumed off premises, and that hold a specified license with regard to alcoholic beverages. Provides that a law that would be created through the election process requires a reusable grocery bag sold by certain stores to a customer at the point of sale to meet specified requirements. STATUS: 04/13/2015 In ASSEMBLY Committee on NATURAL RESOURCES: Failed passage. 04/13/2015 In ASSEMBLY Committee on NATURAL RESOURCES: Reconsideration granted. Commentary: Watch CA AB 191 AUTHOR: Harper [R] TITLE: Solid Waste: Single-Use Carryout Bags INTRODUCED:01/27/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Natural Resources Committee SUMMARY: Repeals the requirement that a store that distributes recycled paper bags make those bags available for purchase for not less than a specified amount. STATUS: 04/13/2015 In ASSEMBLY Committee on NATURAL RESOURCES: Failed passage. 04/13/2015 In ASSEMBLY Committee on NATURAL RESOURCES: Reconsideration granted. Commentary: Watch CA AB 203 AUTHOR: Obernolte [R] TITLE: State Responsibility Areas: Fire Prevention Fees INTRODUCED:01/29/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Inactive File SUMMARY: Requires the State Board of Forestry and Fire Protection to amend emergency Attachment A 68 of 122 Bill Status Report Master File 2015 7 regulations to establish a specified fire prevention fee and to annually adjust said fee. Extends the time when the fire prevention fee is due and payable from the date of assessment by the State Board of Equalization. Authorizes the petition for redetermination of the fee to be filed within a specified number of days after service of the notice of determination. STATUS: 07/13/2015 In ASSEMBLY. To Inactive File. Commentary: Referred by CAO to Leg Com. Leg Com referred to BOS for support, 5/5/15. BOS supported. Sent LOS for 5/28 hearing. Position: Support CA AB 279 AUTHOR: Dodd [D] TITLE: Disclosure of Information: Franchise Tax Board INTRODUCED:02/11/2015 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Amends existing law that requires, upon the request of the Franchise Tax Board, each city that assesses a city business tax or requires a city business license to annually submit to the Board specified information relating to the administration of the city's business tax program. STATUS: 08/12/2015 Signed by GOVERNOR. 08/12/2015 Chaptered by Secretary of State. Chapter No. 180 Commentary: Support requested by TT Rusty Watts. May go to BOS on 3/31. CA AB 304 AUTHOR: Gonzalez [D] TITLE: Sick Leave: Accrual and Limitations INTRODUCED:02/12/2015 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Amends the Healthy Workplaces, Healthy Families Act of 2014. Delays the requirement an employer provide an employee with notice of the amount of paid sick leave available, or paid time off an employer provides in lieu of sick leave. Permits an employer who provides unlimited sick leave to its employees to satisfy requirements by indicating the term unlimited on a wage statement. Provides limits. Makes changes about eligibility for accrued sick leave and the calculation of paid sick leave using total wages. STATUS: 07/13/2015 Chaptered by Secretary of State. Chapter No. 67 Commentary: HR is tracking this bill. Attachment A 69 of 122 Bill Status Report Master File 2015 8 CA AB 396 AUTHOR: Jones-Sawyer [D] TITLE: Rental Housing Discrimination: Criminal Records INTRODUCED:02/19/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Appropriations Committee SUMMARY: Makes it unlawful for the owner of rental housing accommodation to deny the rental or lease of a housing accommodation without first satisfying specified requirements relating to the application process. Prohibits inquiring or requiring an applicant to disclose a criminal record during the initial application assessment phase. Authorizes the request for a criminal background check and to consider that record in deciding whether to rent or lease. Requires a certain disclosure. Provides for owner liability. STATUS: 05/27/2015 In ASSEMBLY Committee on APPROPRIATIONS: Not heard. Commentary: Watch. Phil Kader sent over. CA AB 428 AUTHOR: Nazarian [D] TITLE: Income Taxes: Credit: Seismic Retrofits INTRODUCED:02/19/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Amends the Personal Income Tax and the Corporation Tax laws to allow a tax credit under both laws for a percentage of the qualified costs paid or incurred for any seismic retrofit construction on a qualified building. Provides the procedures to be accomplished by the taxpayer in regards to obtaining credit certifications. Provides credits will be allocated on a first-come-first-served basis. Provides for an aggregate cap for each calendar year. Relates to performance indicators and data collection. STATUS: 09/17/2015 *****To GOVERNOR. CA AB 474 AUTHOR: Brown [D] TITLE: Public Social Services: SSI/SSP INTRODUCED:02/23/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Budget Committee SUMMARY: Requires the State maximum for the State Supplementary Program for the Aged, Blind and Disabled (SSP) grant for individual to be readjusted and increased so that the SSP payment and federal Social Security Income (SSI) payment, when combined, equals a specified percentage of the federal poverty level. Attachment A 70 of 122 Bill Status Report Master File 2015 9 STATUS: 04/28/2015 From ASSEMBLY Committee on HUMAN SERVICES: Do pass to Committee on BUDGET. (7-0) Commentary: Board approved support position on 5/5/15 along with support for restoration of SSI/SSP funding in State Budget. Position: Support CA AB 546 AUTHOR: Gonzalez [D] TITLE: Peace Officers: Basic Training Requirements INTRODUCED:02/23/2015 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Requires the Commission on Peace Officer Standards and Training, when evaluating a certification request from a probation department for a training course, to deem there to be an identifiable and unmet need for the training course. STATUS: 08/13/2015 Signed by GOVERNOR. 08/13/2015 Chaptered by Secretary of State. Chapter No. 200 Commentary: Chief Kader has asked for support. Referred to Leg Com. Leg Com referred to BOS for support, 5/5/15. BOS supported. Sent LOS for 6/23/15, 7/6/15 hearing. Position: Support CA AB 551 AUTHOR: Nazarian [D] TITLE: Rental property: Bed Bugs INTRODUCED:02/23/2015 DISPOSITION: Pending - Carryover LOCATION: Senate Inactive File SUMMARY: Prescribes the duties of landlords and tenants with regard to bed bugs. Requires the landlord to provide a prospective tenant and all other tenants information about bed bugs. Prohibits a tenant from bringing items onto a property the tenants knows or reasonable should know are infested with bed bugs. Requires a tenant to notify the landlord. Requires the landlord to acquire pest control services. Prohibits the renting or leasing of a unit that has infestation. Provides for eviction requirements. STATUS: 09/08/2015 In SENATE. From third reading. To Inactive File. Commentary: Tanya Drlik, Integrated Pest Management Coordinator in HSD wanted BOS support. Attachment A 71 of 122 Bill Status Report Master File 2015 10 CA AB 637 AUTHOR: Campos [D] TITLE: Physician Orders for Life Sustaining Treatment INTRODUCED:02/24/2015 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Authorizes the signature of a nurse practitioner or physician assistant acting under the supervision of the physician and within the scope of practice authorized by law to create a valid Physician Orders for Life Sustaining Treatment form. STATUS: 08/17/2015 Signed by GOVERNOR. 08/17/2015 Chaptered by Secretary of State. Chapter No. 217 Commentary: The California Medical Association (CMA), of which the Alameda-Contra Costa Medical Association (ACCMA) is a component, is sponsoring AB 637 (Campos) in this session of the legislature, AB 637 allows nurse practitioners (NPs) and physician assistants (PAs) under physician supervision to sign Physician Orders for Life Sustaining Treatment (POLST) forms. Commentary001: To Leg Com for support on 4/2. Leg Com referred to BOS for support, 5/5/15. BOS supported. Sent LOS for 6/10 hearing. Position: Support CA AB 647 AUTHOR: Eggman [D] TITLE: Beneficial Use: Storing of Water Underground INTRODUCED:02/24/2015 DISPOSITION: Pending - Carryover LOCATION: Senate Natural Resources and Water Committee SUMMARY: Declares that the diversion of water to underground storage constitutes a beneficial use of water if the water so stored is thereafter applied to the beneficial purposes for which the appropriation for storage was made, or if the water is so stored consistent with a sustainable groundwater management plan, statutory authority to conduct groundwater recharge, or a judicial degree and is for specified purposes. Requires applying for a permit or petition for a change. Requires including specified conditions. STATUS: 06/30/2015 From SENATE Committee on NATURAL RESOURCES AND WATER with author's amendments. 06/30/2015 In SENATE. Read second time and amended. Re-referred to Committee on NATURAL RESOURCES AND WATER. Commentary: SJC supports. Consistent with Water Platform. Sending letter of support. Attachment A 72 of 122 Bill Status Report Master File 2015 11 CA AB 662 AUTHOR: Bonilla [D] TITLE: Public Accommodation: Disabled Adults: Changing INTRODUCED:02/24/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Requires a person, private firm, organization or corporation that owns or manages a commercial place of public amusement to install and maintain an adult changing station for a person with a physical disability. Extends the compliance period for certain renovation projects. Requires the facility to ensure that the entrance to each such station has conspicuous signage indicating its location, and, if the facility has a central directory, ensure that the directory indicates the location of such station. STATUS: 09/17/2015 *****To GOVERNOR. Commentary: Support requested by AM Bonilla staff. Kathy Gallagher concurs. Send to Leg Com for 5/7 meeting. BOS adopted Support position at 6/9 meeting. Sent LOS for 6/30/15, 8/17/15 hearings. Sent LOS to Governor 9/15/15. Position: Support CA AB 762 AUTHOR: Mullin [D] TITLE: Day Care Centers: Toddler Programs INTRODUCED:02/25/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Amends the State Child Day Care Facilities Act. Requires a day care center with a toddler program to extend the program to service children within a specified age range. Makes changes related to guidelines the State Department of Social Services is required to develop. STATUS: 09/09/2015 *****To GOVERNOR. CA AB 1051 AUTHOR: Maienschein [R] TITLE: Human Trafficking INTRODUCED:02/26/2015 DISPOSITION: Pending - Carryover LOCATION: Senate Appropriations Committee SUMMARY: Adds human trafficking as an offense that may be used to establish a pattern of criminal gang activity. STATUS: 08/27/2015 In SENATE Committee on APPROPRIATIONS: Held in committee. Commentary: Attachment A 73 of 122 Bill Status Report Master File 2015 12 Sent LOS for 4/28, 5/28, 7/7, 8/17 hearings. Consistent with policy: 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 County services and supports, and support efforts to provide additional tools, resources and funding to help counties address this growing problem. Position: Support CA AB 1056 AUTHOR: Atkins [D] TITLE: Second Chance Program INTRODUCED:02/26/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Requires the Board of State and Community Corrections to administer a competitive grant program that focuses on community-based solutions for reducing recidivism. Establishes minimum criteria for the program. Requires establishing a related committee to adopt guidelines for the submission of proposals for the program, including threshold or scoring criteria, or both. Requires the guidelines to prioritize proposals. Creates a fund for such grants. Requires the Board to administer the moneys in the fund. STATUS: 09/16/2015 *****To GOVERNOR. Commentary: CSAC has continued to work with the author's office on amendments that would remove the requirements around the ESC. Unfortunately, the author has not yet amended the bill to address CSAC's concerns. Counties are encouraged to review the provisions of AB 1056 and to contact CSAC with any comments. CA AB 1159 AUTHOR: Gordon [D] TITLE: Product Stewardship: Pilot: Batteries and Sharps Waste INTRODUCED:02/27/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Appropriations Committee SUMMARY: Establishes the Product Stewardship Pilot Program. Requires producers and product stewardship organizations of consumer products that are home-generated sharps waste or household batteries to develop and implement a product stewardship plan to the Department of Resources Recycling and Recovery. Provides for administrative fees. Establishes the Product Stewardship Penalty Subaccount in the Integrated Waste Management Fund for deposit of fees. Requires audits and reporting requirements. STATUS: Attachment A 74 of 122 Bill Status Report Master File 2015 13 05/20/2015 In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File. Commentary: Platform would support. Sent LOS to author on 5/08/15. Letter to hearing on 5/20. Position: Support CA AB 1223 AUTHOR: O'Donnell [D] TITLE: Emergency Medical Services: Ambulance Transportation INTRODUCED:02/27/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Authorizes a local emergency medical services agency to adopt policies and procedures relating to ambulance patient offload time. Requires the Emergency Medical Services Authority to develop a statewide standard methodology for the calculation and reporting by a local agency of ambulance patient offload time. STATUS: 09/16/2015 *****To GOVERNOR. Commentary: Send to Leg Com for 5/7 meeting. CA AB 1236 AUTHOR: Chiu [D] TITLE: Local Ordinances: Electric Vehicle Charging Stations INTRODUCED:02/27/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Amends the Electric Vehicle Charging Stations Open Access Act. Requires a city, county or city and county to approve and application for installation of electric vehicle charging stations through the issuance of specified permits unless the proposed installation would have an adverse impact upon the public health or safety. Provides a decision appeal. Creates an expedited and streamlined electric vehicle charging stations permitting process. Allows referencing a certain guidebook in ordinance preparation. STATUS: 09/17/2015 *****To GOVERNOR. Commentary: Jason Crapo in DCD is reviewing. CA AB 1262 AUTHOR: Wood [D] TITLE: Telecommunications: Universal Service INTRODUCED:02/27/2015 DISPOSITION: Enacted Attachment A 75 of 122 Bill Status Report Master File 2015 14 LOCATION: Chaptered SUMMARY: Requires that, of the moneys collected for California Advanced Services Fund on and after a specified date, a specified amount is to be deposited into the Rural and Urban Regional Broadband Consortia Grant Account and used for specified purposes, and a specified amount is to be deposited into the Broadband Infrastructure Revolving Loan Account and used for specified purposes. STATUS: 09/02/2015 Signed by GOVERNOR. 09/02/2015 Chaptered by Secretary of State. Chapter No. 242 Commentary: From Leg Com on 5/7. BOS adopted Support position at 6/9 meeting. Sent LOS for 6/16, 6/29 hearing. Position: Support CA AB 1321 AUTHOR: Ting [D] TITLE: Nutrition Incentive Matching Grant Program INTRODUCED:02/27/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Establishes the Nutrition Incentive Matching Grant Program in the Office of Farm to Fork. Creates the Nutrition Incentive Matching Grant Account in the Farm to Fork Account to collect matching funds received from a specified federal grant program and funds from other public and private sources to encourage the purchase and consumption of fresh fruits, nuts, and vegetables of the State by nutrition benefit clients. Requires moneys in the account be awarded in the form of grants to qualified entities. STATUS: 09/16/2015 *****To GOVERNOR. Commentary: Received a request to support. Chad to send materials. Leg Com supported at 5/7 meeting. BOS adopted Support position at 6/9 meeting. Sent LOS for 7/7, 8/17 hearings. CA AB 1335 AUTHOR: Atkins [D] TITLE: Building Homes and Jobs Act INTRODUCED:02/27/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Third Reading File SUMMARY: Enacts the Building Homes and Jobs Act. Imposes a fee on the recording of every real estate instrument, paper, or notice to be recorded. Requires fee revenues be sent to the Department of Housing and Community Development for deposit in the Building Homes and Jobs Fund to be expended for affordable Attachment A 76 of 122 Bill Status Report Master File 2015 15 owner-occupied workforce housing and for supporting affordable housing, home ownership opportunities, and other housing-related programs, and admin costs. Establishes a Fund Governing Board. STATUS: 06/04/2015 In ASSEMBLY. Assembly Rule 69(d) suspended. Commentary: This bill would impose a fee of $75 to be paid at the time of recording every real estate instrument, paper or notice and would require that revenues from that fee be sent to the Department of Housing and Community Development for the Building Homes and Jobs Fund. This bill is similar to SB 391 (DeSaulnier) from last year. Send LOS to author 6/4/15. Position: Support CA AB 1347 AUTHOR: Chiu [D] TITLE: Public Contracts Claims INTRODUCED:02/27/2015 DISPOSITION: To Governor LOCATION: Enrolled SUMMARY: Establishes, for state and local public contracts, a claim resolution process applicable to all claims by contractors in connection with public works. Specifies the procedures that are required of a public entity upon receipt of a claim sent by certified mail. Relates to failure of a public entity to respond to a claim within a specified time. Provides for a mutually agreed waiver and commencement of a civil action. Authorizes nonbinding mediation. Provides for a certain contractor claim procedure. STATUS: 09/16/2015 Enrolled. Commentary: This bill would establish a claim resolution process applicable to all public entity contracts. This bill is similar to AB 2471 (Frazier) from last year. Commentary001: CSAC recommends Oppose; PW concurs. Sending to BOS for 4/14 action. CA AB 1362 AUTHOR: Gordon [D] TITLE: Local Government Assessments Fees and Charges INTRODUCED:02/27/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Local Government Committee SUMMARY: Defines stormwater for purposes of the Proposition 218 Omnibus Implementation Act to mean any system of public improvements or service intended to provide for the quality, conservation, control, or conveyance of waters that land on or drain across the natural or man-made landscape. STATUS: 03/23/2015 To ASSEMBLY Committee on LOCAL Attachment A 77 of 122 Bill Status Report Master File 2015 16 GOVERNMENT. Commentary: Consistent with Platform. PW putting LOS on BOS agenda for 4/21 for info. Position: Support CA AB 1401 AUTHOR: Baker [R] TITLE: Veterans: Student Financial Aid INTRODUCED:02/27/2015 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Relates to copies of the enrollment fee waiver application and the Free Application for Federal Student Aid available to each member of the State National Guard, the State Military Reserve, and the Naval Militia not having a baccalaureate degree. Requests the Adjutant General include information regarding the federal Post-9/11 GI Bill and the State National Guard Education Assistance Award Program. STATUS: 09/03/2015 Signed by GOVERNOR. 09/03/2015 Chaptered by Secretary of State. Chapter No. 254 Commentary: Sent letter of support for 4/28, 5/13, 6/23, 7/6 hearings. Position: Support CA AB 1436 AUTHOR: Burke [D] TITLE: In-Home Support Services: Authorized Representatives INTRODUCED:02/27/2015 DISPOSITION: To Governor LOCATION: Enrolled SUMMARY: Authorizes an applicant for, or recipient of, in-home supportive services to designate in writing a person to act as an authorized representative for purposes of the In-Home Supportive Services program. Provides that the representative has a legal responsibility to act in the applicant or recipient's best interest. Excludes persons with conviction for fraud. Requires the development of a form, with the county to retain the original of the form. Includes domestic, personal care and paramedical services. STATUS: 09/16/2015 Enrolled. Commentary: BOS adopted Support position at 6/9 meeting. Sent LOS to author and for 6/23, 7/6 hearing. 9/17 sending letter to governor. Position: Support CA SB 4 AUTHOR: Lara [D] Attachment A 78 of 122 Bill Status Report Master File 2015 17 TITLE: Health Care Coverage: Immigration Status INTRODUCED:12/01/2014 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Relates to individuals under a specified age enrolled in restricted-scope Medi-Cal to be enrolled in the full-scope benefits, if otherwise eligible, if a specified determination regarding immigration status is made. Requires monthly updates to specified legislative committees. Requires such individuals to enroll in a Medi-Cal managed care health plan. STATUS: 09/18/2015 *****To GOVERNOR. Position: Watch CA SB 11 AUTHOR: Beall [D] TITLE: Peace officer Training: Mental Health INTRODUCED:12/01/2014 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Requires the Commission on Peace Officer Standards and Training to review the training module relating to persons with a mental illness, intellectual disability, or substance abuse disorder in its basic training course, and develop additional training to better prepare law enforcement officers to recognize, deescalate, and appropriately respond to person with such conditions. Requires the Commission to establish and keep the course updated in a specified manner. Provides which officers must take the course. STATUS: 09/08/2015 *****To GOVERNOR. Commentary: Doug Sibley requested Leg Com review; Sent to BOS on 6/9/15 agenda. Sent LOS for 6/30, 7/14, 8/19 hearings. CA SB 32 AUTHOR: Pavley [D] TITLE: Global Warning Solutions Act of 2006 INTRODUCED:12/01/2014 DISPOSITION: Pending - Carryover LOCATION: Assembly Natural Resources Committee SUMMARY: Requires the State Air Resources Board to approve a specified statewide greenhouse gas emission limits that are the equivalent to a specified percentage below the 1990 level to be achieved by 2030. Revises current provisions of existing law regarding the implementation of the next update of a greenhouse gas scoping plan under existing law. Requires reports regarding reaching these limits. STATUS: Attachment A 79 of 122 Bill Status Report Master File 2015 18 09/10/2015 Re-referred to ASSEMBLY Committee on NATURAL RESOURCES. 09/10/2015 From ASSEMBLY Committee on NATURAL RESOURCES with author's amendments. 09/10/2015 In ASSEMBLY. Read second time and amended. Re-referred to Committee on NATURAL RESOURCES. Commentary: SB 32 (Pavley) - This bill would require the State Air Resources Board to approve a statewide greenhouse gas emission limit equivalent to 80% below the 1990 level to be achieved by 2050. The bill would also authorize the board to adopt interim greenhouse gas emissions level targets to be achieved by 2030 and 2040 through policy changes made by the legislature and other agencies. CA SB 36 AUTHOR: Hernandez [D] TITLE: Medi-Cal: Demonstration Project INTRODUCED:12/01/2014 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Authorizes the Director of Health Care Services, if federal assurances regarding a demonstration project under the Medi-Cal program that includes better care coordination for seniors and persons with disability and to reduce the number of uninsured individuals, to request temporary extension until the approved effective date of the project. Provides the required actions to be performed by the Department of Health Care Services subsequent to federal approval. STATUS: 09/18/2015 *****To GOVERNOR. Commentary: Waiver to implement a successor 1115 Medicaid Waiver demonstration program CA SB 120 AUTHOR: Anderson [R] TITLE: Sales and Use Taxes: First Responder Equipment INTRODUCED:01/15/2015 DISPOSITION: Pending - Carryover LOCATION: Senate Appropriations Committee SUMMARY: Excludes, in the sale of any public safety first responder vehicle that is purchased by a local public agency and in the sale of any equipment on a public safety first responder vehicle that is purchased by a local public agency, from the terms gross receipts and sales price amounts of the gross receipts or sale price of an individual item in excess of a specified amount. Defines local public agency as a fire protection district or a fire department of a city, county, municipal corporation, or district. STATUS: Attachment A 80 of 122 Bill Status Report Master File 2015 19 05/28/2015 In SENATE Committee on APPROPRIATIONS: Held in committee. Commentary: Support requested by Chief Carman. Send to Leg Com for 5/7 meeting. BOS adopted Support position at 6/9 meeting. Position: Support CA SB 124 AUTHOR: Leno [D] TITLE: Juveniles: Solitary Confinement INTRODUCED:01/16/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Appropriations Committee SUMMARY: Prohibits a person confined in a juvenile facility who is an imminent danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled from being subject to solitary confinement. Requires the person be transported to, and evaluated at, a designated facility. Provides procedures governing solitary confinement. Relates to the membership of a regional juvenile justice commission. Requires an inspection of detention facility and records. Relates to Internet Web site posting. STATUS: 08/27/2015 In ASSEMBLY Committee on APPROPRIATIONS: Held in committee. Commentary: Chief Kader supports. CPOC supports. CA SB 163 AUTHOR: Hertzberg [D] TITLE: Wastewater Treatment: Recycled Water INTRODUCED:02/04/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Rules Committee SUMMARY: Declares the discharge of treated wastewater from ocean outfalls is a waste and unreasonable use of water in light of certain conditions. Requires such facility to achieve a specified percentage of reuse of the actual annual flow for beneficial purposes. Prohibits such discharge except as backup discharge. Provides procedures for related exemption requests. Requires a prescribed plan to meet these provisions. STATUS: 09/08/2015 Re-referred to ASSEMBLY Committee on RULES. Commentary: Watch CA SB 196 AUTHOR: Hancock [D] TITLE: Elder Abuse: Protective Orders INTRODUCED:02/10/2015 Attachment A 81 of 122 Bill Status Report Master File 2015 20 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Authorizes a county adult protective services agency to file a petition for a protective order on behalf of an elder or dependent adult has suffered abuse and has impaired ability to appreciation and understand the circumstances that place him or her at risk or who has provided authorization for the agency to act on his or her behalf. Imposes specified requirements of the agency in referring the adult to the public guardian. Clarifies the definition of abuse of an elder or dependent adult. STATUS: 09/09/2015 Chaptered by Secretary of State. Chapter No. 285 Commentary: Sending LOS to Governor (9/3/15). Position: Support CA SB 238 AUTHOR: Mitchell [D] TITLE: Foster Care: Psychotropic Medication INTRODUCED:02/17/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Requires the Judicial Council to amend and adopt rules of court and develop appropriate forms for the implementation of specified provisions. Specifies the contents of such rules of court. Requires a report on the number of such medications authorized. Requires specified related training on aspects of taking and administering such medications. Requires foster care public health nurses to receive this training. STATUS: 09/11/2015 *****To GOVERNOR. CA SB 239 AUTHOR: Hertzberg [D] TITLE: Local Services: Contracts: Fire Protection Services INTRODUCED:02/17/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Permits a public agency to exercise new or extended services outside jurisdictional boundaries as per a fire protection contract only if the agency receives a specified approval. Requires, prior to entering into a proposal, the agency enter into an agreement for the performance of new or extended services per such contract with, or provide notice of such contract to, each affected public agency and employee organization representing firefighters in the affected area and conduct a public hearing. STATUS: 09/11/2015 *****To GOVERNOR. Attachment A 82 of 122 Bill Status Report Master File 2015 21 Commentary: Chief Carman recommends an "Oppose." Send to Leg Com for 5/7 meeting. BOS adopted Oppose position at 6/9 meeting. Sent LOO for 7/15, 8/19 hearings. Position: Oppose CA SB 266 AUTHOR: Block [D] TITLE: Probation and Mandatory Supervision: Incarceration INTRODUCED:02/19/2015 DISPOSITION: Pending - Carryover LOCATION: Assembly Public Safety Committee SUMMARY: Allows a court to authorizes the use of flash incarceration to detain the offender in county jail for not more than a specified number of days for a violation of conditions of probation or mandatory supervision. Provides these provisions would not apply to persons convicted of certain drug offenses. STATUS: 06/16/2015 In ASSEMBLY Committee on PUBLIC SAFETY: Not heard. Commentary: Bill sponsored by CPOC. Chief Kader supports. To BOS on 5/5/15. Board supported. Sent LOS for 6/16 and 6/30 hearings. Position: Support CA SB 277 AUTHOR: Pan [D] TITLE: Public Health: Vaccinations INTRODUCED:02/19/2015 DISPOSITION: Enacted LOCATION: Chaptered SUMMARY: Eliminates the exemption from existing specified immunization requirements based upon personal beliefs. Allows an exemption from future requirements deemed appropriate by the State Department of Public Health for either medical reasons or personal beliefs, and provides details. Exempts pupils in specified programs. Provides an temporary exclusion is only for a child who has been exposed to a specified disease and whose proof of status does not show proof of immunization against one of specified diseases. STATUS: 06/29/2015 *****To GOVERNOR. 06/30/2015 Signed by GOVERNOR. 06/30/2015 Chaptered by Secretary of State. Chapter No. 35 Commentary: Referred by Supv. Piepho 03.05.15. Referred to Leg Com 04.02.15. Referred to Board 05.05.15. Board voted 3-1 to support. Sent letter to author on 5.15.15 and 6.09.15 to committee hearing. Position: Support Attachment A 83 of 122 Bill Status Report Master File 2015 22 CA SB 313 AUTHOR: Galgiani [D] TITLE: Local Government: Zoning Ordinances: School Districts INTRODUCED:02/23/2015 DISPOSITION: Pending - Carryover LOCATION: Senate Inactive File SUMMARY: Conditions the authorization to render a city or county zoning ordinance inapplicable to a proposed use of school district property upon compliance with a notice requirement regarding a schoolsite on agricultural land. Requires the governing board of a district to notify a city or county of the reason the board intends to take a specified vote. Requires the vote to be based upon findings that such an ordinance fails to accommodate the need for renovation or expanding an existing school, or for a new school. STATUS: 06/02/2015 In SENATE. To Inactive File. Commentary: Consistent with Platform. John C. sending letter of support. Position: Support CA SB 608 AUTHOR: Liu [D] TITLE: Homelessness INTRODUCED:02/27/2015 DISPOSITION: Pending - Carryover LOCATION: Senate Transportation and Housing Committee SUMMARY: Enacts the Right to Rest Act, which would afford persons experiencing homelessness the right to use public space without discrimination based on their housing status. Describes basic human and civil rights that may be exercised without being subject to criminal or civil sanctions or harassment, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements. STATUS: 04/07/2015 In SENATE Committee on TRANSPORTATION AND HOUSING: Heard, remains in Committee. Commentary: This bill would enact the Right to Rest Act which would allow persons experiencing homelessness the right to use public spaces without discrimination based on their housing status. This bill would describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions or harassment, the right to rest in public spaces, the right to eat in any public space and the right to occupy a motor vehicle. This bill is very similar to the Ammiano bill which created a homeless bill of rights (AB 5, 2013). Attachment A 84 of 122 Bill Status Report Master File 2015 23 CA SB 621 AUTHOR: Hertzberg [D] TITLE: Mentally Ill Offender Crime Reduction Grants INTRODUCED:02/27/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Authorizes the funds from a mentally ill offender crime reduction grant administered by the Board of State and Community Corrections to be used to fund specialized diversion programs that offer appropriate mental health and treatment services. STATUS: 09/08/2015 *****To GOVERNOR. Commentary: Consistent with Board policy #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. Sent letter of support for 4/7/15, 4/20/15, 5/28/15, 6/31/15 hearings. Sent LOS to Governor on 9/3. Position: Support CA SB 643 AUTHOR: McGuire [D] TITLE: Medical Marijuana INTRODUCED:02/27/2015 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Sets forth standards for a physician and surgeon prescribing medical cannabis, and the Medical Board of the State prioritize its investigative and prosecutorial resources to identify and discipline physicians and surgeons that have improperly recommended excessive cannabis to patients. Prohibits a recommending physician or surgeon from receiving certain remuneration for a licensed facility. Requires the appointment of a Chief of the Bureau of Medical Marijuana Regulation. Authorizes a county cannabis tax. STATUS: 09/18/2015 *****To GOVERNOR. Commentary: This bill would express the Legislature's intent to enact legislation that would, among other things, reaffirm and clarify aspects of the Medical Marijuana Program Act, regulate the cultivation of medical marijuana, and authorize and appropriate adequate funding for the Board of Equalization to undertake a study, as specified, in order to make recommendations on the best way to levy and collect fees to regulate the cultivation and sale of medical marijuana. CA SB 762 AUTHOR: Wolk [D] TITLE: Competitive Bidding: Pilot Program: Design-Build INTRODUCED:02/27/2015 Attachment A 85 of 122 Bill Status Report Master File 2015 24 DISPOSITION: To Governor LOCATION: To Governor SUMMARY: Establishes a pilot program to allow specified counties to select a bidder on the basis of best value for construction projects that are in excess of a specified amount. Establishes procedures and criteria for the selection of the best value contractor. Requires that bidders verify specified information. Requires the board of supervisors of a participating county to submit a report to specified legislative committees. Amends the term best value to have the objective criteria evaluated. STATUS: 09/15/2015 *****To GOVERNOR. Commentary: This bill would establish a pilot program to allow counties to select the lowest responsible bidder on the basis of best value. This bill would allow that if the board of supervisors deems it to be in the best interest of the county they may, on the refusal or failure of the successful bidder to execute a contract, award it to the second lowest responsible bidder. Best value is defined as a procurement process whereby the lowest responsible bidder may be selected on the basis of objective criteria with the resulting selection representing the best combination of price and qualifications. CA AB 9 a AUTHOR: Levine [D] TITLE: Richmond-San Rafael Bridge INTRODUCED:08/17/2015 DISPOSITION: Pending LOCATION: ASSEMBLY SUMMARY: Requires the Department of Transportation to implement an operational improvement project that temporarily restores the third eastbound lane on State Highway Route 580 from the beginning of the Richmond-San Rafael Bridge in the County of Marin to Marine Street in the County of Contra Costa to automobile traffic and that temporarily converts a specified portion into a bi-directional bicycle and pedestrian lane. Requires temporary lanes until they can be safely removed. STATUS: 08/17/2015 INTRODUCED. Commentary: Sending Chair LOS. To BOS for concurrence 8/25 CA AB 16 b AUTHOR: Bonta [D] TITLE: Cigarette and Tobacco Projects: Electronic Cigarettes INTRODUCED:08/26/2015 DISPOSITION: Pending LOCATION: Assembly Public Health and Developmental Services Committee Attachment A 86 of 122 Bill Status Report Master File 2015 25 SUMMARY: Expands the definition of tobacco projects to include electronic cigarettes, thereby subjecting manufacturers, importers, distributors, wholesalers, and retailers of electronic cigarettes to the specified licensing requirements. Imposes an additional tax on the distribution of cigarettes. Imposes a related floor stock tax. Requires distributors to pay a cigarette indicia adjustment tax. Provides that tax revenues will be deposited in a specified fund to fund health care and prevention programs. STATUS: 08/27/2015 To ASSEMBLY Committee on PUBLIC HEALTH AND DEVELOPMENTAL SERVICES. Commentary: Sending LOS from Chair, 09/08/15 CA AB 18 b AUTHOR: Bonilla [D] TITLE: Taxation: Cocktails for Healthy Outcomes Act INTRODUCED:08/31/2015 DISPOSITION: Pending LOCATION: Assembly Second Reading File SUMMARY: Amends the Fee Collection Procedures Law. Imposes a surtax on every individual for each purchase of a cocktail from an on-sale licensee for consumption or other use on the licensed, in-state premises. Requires a licensee to separately state and collect the surtax from an individual. Requires related revenues be deposited in a specified fund for funding developmental disability services. Excludes from gross receipts subject to tax the amount of surtax imposed by this legislation. STATUS: 09/11/2015 From ASSEMBLY Committee on FINANCE: Do pass. (6-3) Commentary: Sent LOS from Chair of BOS, 9/1/15. Copyright (c) 2015 State Net. All rights reserved. Attachment A 87 of 122 LEGISLATION COMMITTEE 7. Meeting Date:10/01/2015 Subject:Federal Issues Update Submitted For: LEGISLATION COMMITTEE, Department:County Administrator Referral No.: 2015-07 Referral Name: Federal Issues Update Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097 Referral History: Contra Costa County's federal lobbyist, Paul Schlesinger of Alcalde & Fay, regularly provides updates on federal issues of interest to the County. These updates are routinely provided to the Legislation Committee for their review and direction to staff, as needed. Referral Update: Papal Visit Makes History It was a historic week in the nation's capital as Pope Francis on September 24 became the first pontiff to address a joint session of Congress. Following the pope's momentous speech - in which he called on lawmakers to tackle such issues as racial equality, climate change, immigration, and the death penalty - House and Senate leaders quickly took steps to avert a potential government shutdown. In other developments, House Speaker John Boehner (R-OH) unexpectedly announced on September 25 that he will step aside as speaker and resign his House seat at the end of October. The speaker's announcement comes amid a growing conservative rebellion within the House GOP conference, punctuated by threats from some 30 Republicans who signaled their intent to force a no-confidence vote in Boehner's leadership. While it is unclear who will replace Boehner as speaker, it is widely assumed that Majority Leader Kevin McCarthy (R-CA) will assume the top leadership position in the House. Stop Gap Funding Measure Introduced With the current fiscal year (FY) ending next week on September 30th, the Senate has taken the first steps toward passing a Continuing Resolution (CR) to fund the federal government beyond the start of FY 2016 on October 1st. On Sept. 22, the Senate Appropriations Chairman Thad Cochran (R-MS) unveiled a two-and-a-half month long CR to fund the federal government through December 11, 2015. The CR would continue federal funding for nearly all government programs/agencies at the topline discretionary funding level for FY 2016 as enumerated by the 88 of 122 Budget Control Act (BCA). Included below is a brief listing of the bill’s key components, and we have also attached the bill text (Attachment A) and a section-by-section analysis prepared by the Senate Appropriations Committee (Attachment B). Senate Majority Leader Mitch McConnell (R-KY) has scheduled a cloture vote for Thursday, which Senate Democrats are expected to block due to the CR’s inclusion of language that would defund Planned Parenthood. The decision to include the controversial Planned Parenthood language, as well as the move to have the Senate act first on a CR, is reportedly an effort to demonstrate that a CR defunding Planned Parenthood would be unable to pass the Senate. Once this is demonstrated, expectations are that Senator McConnell would then move to advance a “clean” CR free of any controversial riders; however, the timing remains unclear as Senator Ted Cruz (R-TX) has indicated that he may filibuster a “clean” CR. If the Senate were the pass a clean CR, it still remains unclear as to whether House Speaker John Boehner (R-OH) would have the 218 votes required to pass the bill. Just yesterday, a group of 11 Freshman House Republicans wrote a “Dear Colleague” letter to the GOP conference in which they expressed their support for a short-term CR despite their preference to pass each of the 12 appropriations bills for FY 2016, and they stated their opposition to a government shutdown if no agreement is reached by September 30th. The exact path forward for the CR remains unclear at this time, and this situation will likely remain fluid leading up to the Senate’s scheduled cloture vote at 2 p.m. Thursday. We will continue to update you as this process moves forward. It should be noted that Speaker Boehner's impending resignation will likely quell some of the recent unrest in the conservative wing of the House Republican conference and may serve to lessen the threat of a government shutdown. While conservatives still plan to push for inclusion of the Planned Parenthood language in the House CR, Republican leaders will likely rely on Democratic votes to push a clean stopgap funding bill through the lower chamber. SCAAP Funding Announced In other developments, the Bureau of Justice Assistance this week announced fiscal year 2015 SCAAP awards. In total, 50 California counties are set to receive roughly $12.8 million (individual county awards can be viewed here), with the State of California receiving nearly $44.2 million. California's combined total represents roughly 34.5 percent of the more than $165 million that was made available for SCAAP. All told, Congress appropriated $185 million for SCAAP in fiscal year 2015; however, as it has done in recent years, the Department of Justice (DOJ) exercised its authority to reallocate 10 percent of SCAAP funds to other departmental activities (the maximum amount allowable under the law). Although the reprogramming of SCAAP funds has been criticized by counties and States, DOJ has been authorized by Congress to shift a certain portion of funds from SCAAP and other grant programs to other Agency purposes, including various administrative activities. With an eye toward fiscal year 2016 spending, CSAC sent a letter this week to members of the California congressional delegation urging them to support additional funding for SCAAP in any potential year-end funding package. Specifically, the correspondence urges the delegation to seek at least $220 million for SCAAP, which represents the level of funding that was included in the 89 of 122 House Commerce-Justice-Science (CJS) appropriations legislation (HR 2578). In addition, the letter urges members to oppose any effort to expand DOJ's reprogramming authority. FY 2016 SHORT-TERM CONTINUING RESOLUTION HIGHLIGHTS Keeps the government operating through December 11, 2015. Provides funding at annual rate that conforms to the topline discretionary spending limit established by the Budget Control Act for FY 2016 – $1.017 trillion. Provides Overseas Contingency Operations funding at a rate of $74.758 billion. Includes $700 million in emergency funding for wildland fire suppression. Includes small number of funding anomalies to address unique circumstances that arise during the CR period, such as: Supporting claims processors for veterans’ disability claims at the rate necessary to address backlog; Maintaining launch schedule for the joint polar satellite; Paying ongoing rental assistance contracts in the rural housing program; and Accommodating increased demand for 7(a) small business loans. Includes extensions of certain expiring authorities for the duration of the CR (except as otherwise noted): Internet Tax Freedom Act; E-Verify; and Federal Aviation Administration (6 months). Prohibits for one year any funding for Planned Parenthood or its affiliates unless the clinic certifies it will not perform or fund abortions, and redirects the estimated $235 million in mandatory savings to increase funding for community health centers. Recommendation(s)/Next Step(s): ACCEPT the report on federal issues and provide direction to staff, as needed. Attachments Attachment A Attachment B 90 of 122 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. AMENDMENT NO.llll Calendar No.lll Purpose: Making continuing appropriations for the fiscal year ending September 30, 2016, and for other purposes IN THE SENATE OF THE UNITED STATES—114th Cong., 1st Sess. H. J. Res. 61 Hire More Heroes Act of 2015. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. COCHRAN Viz: Strike out all after the enacting clause and insert the 1 following: 2 The following sums are hereby appropriated, out of any 3 money in the Treasury not otherwise appropriated, and 4 out of applicable corporate or other revenues, receipts, and 5 funds, for the several departments, agencies, corporations, 6 and other organizational units of Government for fiscal 7 year 2016, and for other purposes, namely: 8 SEC. 101. (a) Such amounts as may be necessary, 9 at a rate for operations as provided in the applicable ap-10 propriations Acts for fiscal year 2015 and under the au-11 thority and conditions provided in such Acts, for con-12 tinuing projects or activities (including the costs of direct 13 September 22, 2015 (11:46 a.m.) Attachment A 91 of 122 2 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. loans and loan guarantees) that are not otherwise specifi-1 cally provided for in this Act, that were conducted in fiscal 2 year 2015, and for which appropriations, funds, or other 3 authority were made available in the following appropria-4 tions Acts: 5 (1) The Agriculture, Rural Development, Food 6 and Drug Administration, and Related Agencies Ap-7 propriations Act, 2015 (division A of Public Law 8 113–235), except section 743 and title VIII. 9 (2) The Commerce, Justice, Science, and Re-10 lated Agencies Appropriations Act, 2015 (division B 11 of Public Law 113–235). 12 (3) The Department of Defense Appropriations 13 Act, 2015 (division C of Public Law 113–235), ex-14 cept title X. 15 (4) The Energy and Water Development and 16 Related Agencies Appropriations Act, 2015 (division 17 D of Public Law 113–235). 18 (5) The Financial Services and General Govern-19 ment Appropriations Act, 2015 (division E of Public 20 Law 113–235). 21 (6) The Department of Homeland Security Ap-22 propriations Act, 2015 (Public Law 114–4). 23 September 22, 2015 (11:46 a.m.) Attachment A 92 of 122 3 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. (7) The Department of the Interior, Environ-1 ment, and Related Agencies Appropriations Act, 2 2015 (division F of Public Law 113–235). 3 (8) The Departments of Labor, Health and 4 Human Services, and Education, and Related Agen-5 cies Appropriations Act, 2015 (division G of Public 6 Law 113–235), except title VI. 7 (9) The Legislative Branch Appropriations Act, 8 2015 (division H of Public Law 113–235). 9 (10) The Military Construction and Veterans 10 Affairs, and Related Agencies Appropriations Act, 11 2015 (division I of Public Law 113–235). 12 (11) The Department of State, Foreign Oper-13 ations, and Related Programs Appropriations Act, 14 2015 (division J of Public Law 113–235), except 15 title IX. 16 (12) The Transportation, Housing and Urban 17 Development, and Related Agencies Appropriations 18 Act, 2015 (division K of Public Law 113–235). 19 (13) Section 11 of the Consolidated and Fur-20 ther Continuing Appropriations Act, 2015 (Public 21 Law 113–235). 22 (b) The rate for operations provided by subsection (a) 23 is hereby reduced by 0.2108 percent. 24 September 22, 2015 (11:46 a.m.) Attachment A 93 of 122 4 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. SEC. 102. (a) No appropriation or funds made avail-1 able or authority granted pursuant to section 101 for the 2 Department of Defense shall be used for: (1) the new pro-3 duction of items not funded for production in fiscal year 4 2015 or prior years; (2) the increase in production rates 5 above those sustained with fiscal year 2015 funds; or (3) 6 the initiation, resumption, or continuation of any project, 7 activity, operation, or organization (defined as any project, 8 subproject, activity, budget activity, program element, and 9 subprogram within a program element, and for any invest-10 ment items defined as a P–1 line item in a budget activity 11 within an appropriation account and an R–1 line item that 12 includes a program element and subprogram element with-13 in an appropriation account) for which appropriations, 14 funds, or other authority were not available during fiscal 15 year 2015. 16 (b) No appropriation or funds made available or au-17 thority granted pursuant to section 101 for the Depart-18 ment of Defense shall be used to initiate multi-year pro-19 curements utilizing advance procurement funding for eco-20 nomic order quantity procurement unless specifically ap-21 propriated later. 22 SEC. 103. Appropriations made by section 101 shall 23 be available to the extent and in the manner that would 24 be provided by the pertinent appropriations Act. 25 September 22, 2015 (11:46 a.m.) Attachment A 94 of 122 5 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. SEC. 104. Except as otherwise provided in section 1 102, no appropriation or funds made available or author-2 ity granted pursuant to section 101 shall be used to ini-3 tiate or resume any project or activity for which appro-4 priations, funds, or other authority were not available dur-5 ing fiscal year 2015. 6 SEC. 105. Appropriations made and authority grant-7 ed pursuant to this Act shall cover all obligations or ex-8 penditures incurred for any project or activity during the 9 period for which funds or authority for such project or 10 activity are available under this Act. 11 SEC. 106. Unless otherwise provided for in this Act 12 or in the applicable appropriations Act for fiscal year 13 2016, appropriations and funds made available and au-14 thority granted pursuant to this Act shall be available 15 until whichever of the following first occurs: (1) the enact-16 ment into law of an appropriation for any project or activ-17 ity provided for in this Act; (2) the enactment into law 18 of the applicable appropriations Act for fiscal year 2016 19 without any provision for such project or activity; or (3) 20 December 11, 2015. 21 SEC. 107. Expenditures made pursuant to this Act 22 shall be charged to the applicable appropriation, fund, or 23 authorization whenever a bill in which such applicable ap-24 September 22, 2015 (11:46 a.m.) Attachment A 95 of 122 6 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. propriation, fund, or authorization is contained is enacted 1 into law. 2 SEC. 108. Appropriations made and funds made 3 available by or authority granted pursuant to this Act may 4 be used without regard to the time limitations for submis-5 sion and approval of apportionments set forth in section 6 1513 of title 31, United States Code, but nothing in this 7 Act may be construed to waive any other provision of law 8 governing the apportionment of funds. 9 SEC. 109. Notwithstanding any other provision of 10 this Act, except section 106, for those programs that 11 would otherwise have high initial rates of operation or 12 complete distribution of appropriations at the beginning 13 of fiscal year 2016 because of distributions of funding to 14 States, foreign countries, grantees, or others, such high 15 initial rates of operation or complete distribution shall not 16 be made, and no grants shall be awarded for such pro-17 grams funded by this Act that would impinge on final 18 funding prerogatives. 19 SEC. 110. This Act shall be implemented so that only 20 the most limited funding action of that permitted in the 21 Act shall be taken in order to provide for continuation of 22 projects and activities. 23 SEC. 111. (a) For entitlements and other mandatory 24 payments whose budget authority was provided in appro-25 September 22, 2015 (11:46 a.m.) Attachment A 96 of 122 7 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. priations Acts for fiscal year 2015, and for activities under 1 the Food and Nutrition Act of 2008, activities shall be 2 continued at the rate to maintain program levels under 3 current law, under the authority and conditions provided 4 in the applicable appropriations Act for fiscal year 2015, 5 to be continued through the date specified in section 6 106(3). 7 (b) Notwithstanding section 106, obligations for man-8 datory payments due on or about the first day of any 9 month that begins after October 2015 but not later than 10 30 days after the date specified in section 106(3) may con-11 tinue to be made, and funds shall be available for such 12 payments. 13 SEC. 112. Amounts made available under section 101 14 for civilian personnel compensation and benefits in each 15 department and agency may be apportioned up to the rate 16 for operations necessary to avoid furloughs within such de-17 partment or agency, consistent with the applicable appro-18 priations Act for fiscal year 2015, except that such author-19 ity provided under this section shall not be used until after 20 the department or agency has taken all necessary actions 21 to reduce or defer non-personnel-related administrative ex-22 penses. 23 SEC. 113. Funds appropriated by this Act may be 24 obligated and expended notwithstanding section 10 of 25 September 22, 2015 (11:46 a.m.) Attachment A 97 of 122 8 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. Public Law 91–672 (22 U.S.C. 2412), section 15 of the 1 State Department Basic Authorities Act of 1956 (22 2 U.S.C. 2680), section 313 of the Foreign Relations Au-3 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 4 6212), and section 504(a)(1) of the National Security Act 5 of 1947 (50 U.S.C. 3094(a)(1)). 6 SEC. 114. (a) Each amount incorporated by reference 7 in this Act that was previously designated by the Congress 8 for Overseas Contingency Operations/Global War on Ter-9 rorism pursuant to section 251(b)(2)(A) of the Balanced 10 Budget and Emergency Deficit Control Act of 1985 or as 11 being for disaster relief pursuant to section 251(b)(2)(D) 12 of such Act is designated by the Congress for Overseas 13 Contingency Operations/Global War on Terrorism pursu-14 ant to section 251(b)(2)(A) of such Act or as being for 15 disaster relief pursuant to section 251(b)(2)(D) of such 16 Act, respectively. 17 (b) The reduction in section 101(b) of this Act shall 18 not apply to— 19 (1) amounts designated under subsection (a) of 20 this section; or 21 (2) amounts made available by section 101(a) 22 by reference to the second paragraph under the 23 heading ‘‘Social Security Administration—Limita-24 September 22, 2015 (11:46 a.m.) Attachment A 98 of 122 9 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. tion on Administrative Expenses’’ in division G of 1 Public Law 113–235; or 2 (3) amounts made available by section 101(a) 3 by reference to the paragraph under the heading 4 ‘‘Centers for Medicare and Medicaid Services— 5 Health Care Fraud and Abuse Control Account’’ in 6 division G of Public Law 113–235. 7 (c) Section 6 of Public Law 113–235 shall apply to 8 amounts designated in subsection (a) for Overseas Contin-9 gency Operations/Global War on Terrorism. 10 SEC. 115. During the period covered by this Act, dis-11 cretionary amounts appropriated for fiscal year 2016 that 12 were provided in advance by appropriations Acts shall be 13 available in the amounts provided in such Acts, reduced 14 by the percentage in section 101(b). 15 SEC. 116. Notwithstanding section 101, amounts are 16 provided for ‘‘Department of Agriculture—Domestic Food 17 Programs—Food and Nutrition Service—Commodity As-18 sistance Program’’ at a rate for operations of 19 $288,317,000, of which $221,298,000 shall be for the 20 Commodity Supplemental Food Program. 21 SEC. 117. Amounts made available by section 101 for 22 ‘‘Department of Agriculture—Rural Housing Service— 23 Rental Assistance Program’’ may be apportioned up to the 24 rate for operations necessary to pay ongoing debt service 25 September 22, 2015 (11:46 a.m.) Attachment A 99 of 122 10 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. for the multi-family direct loan programs under sections 1 514 and 515 of the Housing Act of 1949 (42 U.S.C. 1484 2 and 1485): Provided, That the Secretary may waive the 3 prohibition in the second proviso under such heading in 4 division A of Public Law 113–235 with respect to rental 5 assistance contracts entered into or renewed during fiscal 6 year 2015. 7 SEC. 118. Amounts made available by section 101 for 8 ‘‘Department of Commerce—National Oceanic and At-9 mospheric Administration—Procurement, Acquisition and 10 Construction’’ may be apportioned up to the rate for oper-11 ations necessary to maintain the planned launch schedules 12 for the Joint Polar Satellite System. 13 SEC. 119. (a) The first proviso under the heading 14 ‘‘United States Marshals Service—Federal Prisoner De-15 tention’’ in title II of division B of Public Law 113–235 16 shall not apply during the period covered by this Act. 17 (b) The limitation in section 217(c) of division B of 18 Public Law 113–235 on the amount of excess unobligated 19 balances available under section 524(c)(8)(E) of title 28, 20 United States Code, shall not apply under this Act to the 21 use of such funds for ‘‘United States Marshals Service— 22 Federal Prisoner Detention’’. 23 SEC. 120. (a) The authority regarding closeout of 24 Space Shuttle contracts and associated programs provided 25 September 22, 2015 (11:46 a.m.) Attachment A 100 of 122 11 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. by language under the heading ‘‘National Aeronautics and 1 Space Administration—Administrative Provisions’’ in the 2 Omnibus Appropriations Act, 2009 (Public Law 111–8) 3 shall continue in effect through fiscal year 2021. 4 (b) This section shall be applied as if it were in effect 5 on September 30, 2015. 6 SEC. 121. (a) Notwithstanding section 1552 of title 7 31, United States Code, funds made available, including 8 funds that have expired but have not been cancelled, and 9 identified by Treasury Appropriation Fund Symbol 13–09/ 10 10–0554 shall remain available for expenditure through 11 fiscal year 2020 for the purpose of liquidating valid obliga-12 tions of active grants. 13 (b) For the purpose of subsection (a), grants for 14 which the period of performance has expired but are not 15 finally closed out shall be considered active grants. 16 (c) This section shall be applied as if it were in effect 17 on September 30, 2015. 18 SEC. 122. The following provisions shall be applied 19 by substituting ‘‘2016’’ for ‘‘2015’’ through the earlier of 20 the date specified in section 106(3) of this Act or the date 21 of the enactment of an Act authorizing appropriations for 22 fiscal year 2016 for military activities of the Department 23 of Defense: 24 September 22, 2015 (11:46 a.m.) Attachment A 101 of 122 12 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. (1) Section 1215(f)(1) of the National Defense 1 Authorization Act for Fiscal Year 2012 (Public Law 2 112–81; 10 U.S.C. 113 note), as most recently 3 amended by section 1237 of the Carl Levin and 4 Howard P. ‘‘Buck’’ McKeon National Defense Au-5 thorization Act for Fiscal Year 2015 (Public Law 6 113–291). 7 (2) Section 127b(c)(3)(C) of title 10, United 8 States Code. 9 SEC. 123. (a) Funds made available by section 101 10 for ‘‘Department of Energy—Energy Programs—Ura-11 nium Enrichment Decontamination and Decommissioning 12 Fund’’ may be apportioned up to the rate for operations 13 necessary to avoid disruption of continuing projects or ac-14 tivities funded in this appropriation. 15 (b) The Secretary of Energy shall notify the Commit-16 tees on Appropriations of the House of Representatives 17 and the Senate not later than 3 days after each use of 18 the authority provided in subsection (a). 19 SEC. 124. Notwithstanding any other provision of 20 this Act, except section 106, the District of Columbia may 21 expend local funds under the heading ‘‘District of Colum-22 bia Funds’’ for such programs and activities under the 23 District of Columbia Appropriations Act, 2015 (title IV 24 of division E of Public Law 113–235) at the rate set forth 25 September 22, 2015 (11:46 a.m.) Attachment A 102 of 122 13 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. under ‘‘District of Columbia Funds—Summary of Ex-1 penses’’ as included in the Fiscal Year 2016 Budget Re-2 quest Act of 2015 (D.C. Act 21–99), as modified as of 3 the date of the enactment of this Act. 4 SEC. 125. Notwithstanding section 101, no funds are 5 provided by this Act for ‘‘Recovery Accountability and 6 Transparency Board—Salaries and Expenses’’. 7 SEC. 126. Amounts made available by section 101 for 8 ‘‘Small Business Administration—Business Loans Pro-9 gram Account’’ may be apportioned up to the rate for op-10 erations necessary to accommodate increased demand for 11 commitments for general business loans authorized under 12 section 7(a) of the Small Business Act (15 U.S.C. 636(a)). 13 SEC. 127. Sections 1101(a) and 1104(a)(2)(A) of the 14 Internet Tax Freedom Act (title XI of division C of Public 15 Law 105–277; 47 U.S.C. 151 note) shall be applied by 16 substituting the date specified in section 106(3) of this 17 Act for ‘‘October 1, 2015’’. 18 SEC. 128. Section 101 shall be applied by assuming 19 that section 7 of Public Law 113–235 was enacted as part 20 of title VII of division E of Public Law 113–235. 21 SEC. 129. The authority provided by section 831 of 22 the Homeland Security Act of 2002 (6 U.S.C. 391) shall 23 continue in effect through the date specified in section 24 106(3) of this Act. 25 September 22, 2015 (11:46 a.m.) Attachment A 103 of 122 14 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. SEC. 130. Section 401(b) of the Illegal Immigration 1 Reform and Immigrant Responsibility Act of 1996 (8 2 U.S.C. 1324a note) shall be applied by substituting the 3 date specified in section 106(3) of this Act for ‘‘September 4 30, 2015’’. 5 SEC. 131. Section 610(b) of the Departments of 6 Commerce, Justice, and State, the Judiciary, and Related 7 Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) 8 shall be applied by substituting the date specified in sec-9 tion 106(3) of this Act for ‘‘September 30, 2015’’. 10 SEC. 132. Subclauses 101(a)(27)(C)(ii)(II) and (III) 11 of the Immigration and Nationality Act (8 U.S.C. 12 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by sub-13 stituting the date specified in section 106(3) of this Act 14 for ‘‘September 30, 2015’’. 15 SEC. 133. Section 220(c) of the Immigration and Na-16 tionality Technical Corrections Act of 1994 (8 U.S.C. 17 1182 note) shall be applied by substituting the date speci-18 fied in section 106(3) of this Act for ‘‘September 30, 19 2015’’. 20 SEC. 134. Section 810 of the Federal Lands Recre-21 ation Enhancement Act (16 U.S.C. 6809) is amended by 22 striking all that follows after ‘‘shall terminate’’ and insert-23 ing ‘‘September 30, 2017.’’. 24 September 22, 2015 (11:46 a.m.) Attachment A 104 of 122 15 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. SEC. 135. In addition to the amount otherwise pro-1 vided by section 101 for ‘‘Department of Agriculture— 2 Forest Service—Wildland Fire Management’’, there is ap-3 propriated $700,000,000 for an additional amount for fis-4 cal year 2016, to remain available until expended, for ur-5 gent wildland fire suppression activities: Provided, That 6 such funds shall only become available if funds previously 7 provided for wildland fire suppression will be exhausted 8 imminently and the Secretary of Agriculture notifies the 9 Committees on Appropriations of the House of Represent-10 atives and the Senate in writing of the need for these addi-11 tional funds: Provided further, That such funds are also 12 available for transfer to other appropriations accounts to 13 repay amounts previously transferred for wildfire suppres-14 sion: Provided further, That such amount is designated by 15 the Congress as an emergency requirement pursuant to 16 section 251(b)(2)(A)(i) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985, except that such 18 amount shall be available only if the President subse-19 quently so designates such amount and transmits such 20 designation to the Congress. 21 SEC. 136. The authorities provided by sections 117 22 and 123 of division G of Public Law 113–76 shall continue 23 in effect through the date specified in section 106(3) of 24 this Act. 25 September 22, 2015 (11:46 a.m.) Attachment A 105 of 122 16 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. SEC. 137. (a) The authority provided by subsection 1 (m)(3) of section 8162 of the Department of Defense Ap-2 propriations Act, 2000 (40 U.S.C. 8903 note; Public Law 3 106–79) shall continue in effect through the date specified 4 in section 106(3) of this Act. 5 (b) For the period covered by this Act, the authority 6 provided by the provisos under the heading ‘‘Dwight D. 7 Eisenhower Memorial Commission—Capital Construc-8 tion’’ in division E of Public Law 112–74 shall not be in 9 effect. 10 SEC. 138. Section 3096(2) of the Carl Levin and 11 Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-12 tion Act for Fiscal Year 2015 is amended by inserting ‘‘for 13 fiscal year 2015’’ after ‘‘$37,000,000’’. 14 SEC. 139. Funds made available in prior appropria-15 tions Acts for construction and renovation of facilities for 16 the Centers for Disease Control and Prevention may also 17 be used for construction on leased land. 18 SEC. 140. Subsection (b) of section 163 of Public 19 Law 111–242, as amended, is further amended by striking 20 ‘‘2015–2016’’ and inserting ‘‘2016–2017’’. 21 SEC. 141. Section 101 shall be applied by assuming 22 that section 139 of Public Law 113–164 was enacted as 23 part of division G of Public Law 113–235, and section 24 139 of Public Law 113–164 shall be applied by adding 25 September 22, 2015 (11:46 a.m.) Attachment A 106 of 122 17 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. at the end the following: ‘‘and of the unobligated balance 1 of amounts deposited or available in the Child Enrollment 2 Contingency Fund from appropriations to the Fund under 3 section 2104(n)(2)(A)(i) of the Social Security Act and 4 the income derived from investment of those funds pursu-5 ant to 2104(n)(2)(C) of that Act, $1,664,000,000 is re-6 scinded’’. 7 SEC. 142. Section 114(f) of the Higher Education 8 Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by sub-9 stituting the date specified in section 106(3) of this Act 10 for ‘‘September 30, 2015’’. 11 SEC. 143. Notwithstanding any other provision of 12 this Act, there is appropriated for payment to Tori B. 13 Nunnelee, widow of Alan Nunnelee, late a Representative 14 from the State of Mississippi, $174,000. 15 SEC. 144. Of the discretionary unobligated balances 16 of the Department of Veterans Affairs from fiscal year 17 2015 or prior fiscal years, or discretionary amounts appro-18 priated in advance for fiscal year 2016, the Secretary of 19 Veterans Affairs may transfer up to $625,000,000 to ‘‘De-20 partment of Veterans Affairs—Departmental Administra-21 tion—Construction, Major Projects’’, to be merged with 22 the amounts available in such account: Provided, That no 23 amounts may be transferred from amounts that were des-24 ignated by the Congress as an emergency requirement 25 September 22, 2015 (11:46 a.m.) Attachment A 107 of 122 18 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. pursuant to the Concurrent Resolution on the Budget, the 1 Balanced Budget and Emergency Deficit Control Act of 2 1985, or the Statutory Pay-As-You-Go Act of 2010: Pro-3 vided further, That no amounts may be transferred until 4 the Secretary submits to the Committees on Appropria-5 tions of the House of Representatives and the Senate a 6 request for, and receives from the Committees written ap-7 proval of, such transfers: Provided further, That the Sec-8 retary shall specify in such request the donor account and 9 amount of each proposed transfer, the fiscal year of each 10 appropriation to be transferred, the amount of unobligated 11 balances remaining in the account after the transfer, and 12 the project or program impact of the transfer. 13 SEC. 145. Notwithstanding section 101, amounts are 14 provided for ‘‘Department of Veterans Affairs—Depart-15 mental Administration—General Operating Expenses, 16 Veterans Benefits Administration’’ at a rate for operations 17 of $2,697,734,000. 18 SEC. 146. Notwithstanding section 101, section 19 226(a) of division I of Public Law 113–235 shall be ap-20 plied to amounts made available by this Act by sub-21 stituting ‘‘division I of Public Law 113–235’’ for ‘‘division 22 J of Public Law 113–76’’ and by substituting ‘‘2015’’ for 23 ‘‘2014’’. 24 September 22, 2015 (11:46 a.m.) Attachment A 108 of 122 19 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. SEC. 147. Section 209 of the International Religious 1 Freedom Act of 1998 (22 U.S.C. 6436) shall be applied 2 by substituting the date specified in section 106(3) of this 3 Act for ‘‘September 30, 2015’’. 4 SEC. 148. Amounts made available by section 101 for 5 ‘‘Broadcasting Board of Governors—International Broad-6 casting Operations’’, ‘‘Bilateral Economic Assistance— 7 Funds Appropriated to the President—Economic Support 8 Fund’’, ‘‘International Security Assistance—Department 9 of State—International Narcotics Control and Law En-10 forcement’’, ‘‘International Security Assistance—Depart-11 ment of State—Nonproliferation, Anti-terrorism, 12 Demining and Related Programs’’, and ‘‘International Se-13 curity Assistance—Funds Appropriated to the President 14 Foreign Military Financing Program’’ shall be obligated 15 at a rate for operations as necessary to sustain assistance 16 for Ukraine to counter external, regional aggression and 17 influence, including for the costs of authorized loan guar-18 antees. 19 SEC. 149. Section 1334 of the Foreign Affairs Re-20 form and Restructuring Act of 1998 (22 U.S.C. 6553) 21 shall be applied by substituting the date specified in sec-22 tion 106(3) of this Act for ‘‘October 1, 2015’’. 23 SEC. 150. (a) Funds made available by section 101 24 for ‘‘Department of Housing and Urban Development— 25 September 22, 2015 (11:46 a.m.) Attachment A 109 of 122 20 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. Management and Administration—Administrative Sup-1 port Offices’’ may be apportioned up to the rate for oper-2 ations necessary to maintain the planned schedule for the 3 New Core Shared Services Project. 4 (b) Not later than 3 days before the first use of the 5 apportionment authority in subsection (a), each 30 days 6 thereafter, and 3 days after the authority expires under 7 this Act, the Secretary of Housing and Urban Develop-8 ment shall submit to the Committees on Appropriations 9 of the House of Representatives and the Senate a report 10 specifying each use of the authority through the date of 11 the report. 12 SEC. 151. (a) Section 48103(a) of title 49, United 13 States Code, shall be applied: (1) by substituting the 14 amount specified in such section with $1,610,000,000; and 15 (2) by substituting the fiscal year specified in such section 16 with the period beginning October 1, 2015, and ending 17 on March 31, 2016. 18 (b) Section 47104(c), 47107(r)(3), and 47115(j) of 19 title 49, United States Code, shall each be applied by sub-20 stituting ‘‘2016’’ for ‘‘2015’’. 21 (c) Section 47141(f) of title 49, United States Code, 22 shall be applied by substituting ‘‘March 31, 2016’’ for 23 ‘‘September 30, 2015’’. 24 September 22, 2015 (11:46 a.m.) Attachment A 110 of 122 21 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. (d) For purposes of calculating funding apportion-1 ments and meeting other requirements under sections 2 47114, 47115, 47116, and 47117 of title 49, United 3 States Code, for the period beginning on October 1, 2015, 4 and ending on March 31, 2016, the Administrator of the 5 Federal Aviation Administration shall— 6 (1) first calculate funding apportionments on 7 an annualized basis as if the total amount available 8 under section 48103 of such title for fiscal year 9 2016 were $3,220,000,000; and 10 (2) then reduce by 50 percent— 11 (A) all funding apportionments calculated 12 under paragraph (1); and 13 (B) amounts available pursuant to sections 14 47117(b) and 47117(f)(2) of such title. 15 (e) Section 409(d) of the Vision 100—Century of 16 Aviation Reauthorization Act (49 U.S.C. 41731 note) 17 shall be applied by substituting ‘‘March 31, 2016’’ for 18 ‘‘September 30, 2015’’. 19 (f) Nothing in this section shall affect the availability 20 of any balances of contract authority provided under sec-21 tion 48103 of title 49, United States Code, for fiscal year 22 2015 or any prior fiscal year. 23 (g) Section 186(d) of the Vision 100—Century of 24 Aviation Reauthorization Act (117 Stat. 2518) is amended 25 September 22, 2015 (11:46 a.m.) Attachment A 111 of 122 22 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. by inserting ‘‘and for the period beginning on October 1, 1 2015, and ending on March 31, 2016,’’ after ‘‘fiscal years 2 2012 through 2015’’. 3 (h) This section shall be in effect through March 31, 4 2016. 5 SEC. 152. (a) Notwithstanding section 106, sections 6 4081(d)(2)(B), 4261(j), 4261(k)(1)(A)(ii), and 7 4271(d)(1)(A)(ii) of the Internal Revenue Code of 1986 8 shall each be applied by substituting ‘‘March 31, 2016’’ 9 for ‘‘September 30, 2015’’. 10 (b) Notwithstanding section 106, section 4083(b) and 11 subsections (d)(1) and (e)(2) of section 9502 of such Code 12 shall each be applied by substituting ‘‘April 1, 2016’’ for 13 ‘‘October 1, 2015’’. 14 (c) Subparagraph (A) of section 9502(d)(1) of such 15 Code is amended by inserting ‘‘or any Act making con-16 tinuing appropriations for the fiscal year 2016’’ before the 17 semicolon at the end. 18 SEC. 153. (a) Congress finds the following: 19 (1) State and county health departments, com-20 munity health centers, hospitals, physicians offices, 21 and other entities currently provide, and will con-22 tinue to provide, health services to women. Such 23 health services include relevant diagnostic laboratory 24 and radiology services, well-child care, prenatal and 25 September 22, 2015 (11:46 a.m.) Attachment A 112 of 122 23 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. postpartum care, immunization, family planning 1 services (including contraception), cervical and 2 breast cancer screenings and referrals, and sexually 3 transmitted disease testing. 4 (2) Many such entities provide services to all 5 persons, regardless of the person’s ability to pay, 6 and provide services in medically underserved areas 7 and to medically underserved populations. 8 (3) All funds that are no longer available to 9 Planned Parenthood Federation of America, Inc. 10 and its affiliates and clinics pursuant to this section 11 will continue to be made available to other eligible 12 entities to provide women’s health care services. 13 (4) Funds authorized to be appropriated, and 14 appropriated, by subsection (e) of this section are 15 offset by the funding limitation under subsection (b) 16 of this section. 17 (b) For the one-year period beginning on the date of 18 the enactment of this Act, subject to subsection (c) of this 19 section, no funds authorized or appropriated by Federal 20 law may be made available for any purpose to Planned 21 Parenthood Federation of America, Inc., or any affiliate 22 or clinic of Planned Parenthood Federation of America, 23 Inc., unless such entities certify that Planned Parenthood 24 Federation of America affiliates and clinics will not per-25 September 22, 2015 (11:46 a.m.) Attachment A 113 of 122 24 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. form, and will not provide any funds to any other entity 1 that performs, an abortion during such period. 2 (c) Subsection (b) of this section shall not apply to 3 an abortion— 4 (1) if the pregnancy is the result of an act of 5 rape or incest; or 6 (2) in the case where a woman suffers from a 7 physical disorder, physical injury, or physical illness 8 that would, as certified by a physician, place the 9 woman in danger of death unless an abortion is per-10 formed, including a life-endangering physical condi-11 tion caused by or arising from the pregnancy itself. 12 (d) The Secretary of Health and Human Services and 13 the Secretary of Agriculture shall seek repayment of any 14 Federal assistance received by Planned Parenthood Fed-15 eration of America, Inc., or any affiliate or clinic of 16 Planned Parenthood Federation of America, Inc., if it vio-17 lates the terms of the certification required by subsection 18 (b) of this section during the period specified in subsection 19 (b) of this section. 20 (e) There is authorized to be appropriated, and ap-21 propriated, $235,000,000 for the community health center 22 program under section 330 of the Public Health Service 23 Act (42 U.S.C. 254b), in addition to any other funds made 24 available to such program, for the period for which the 25 September 22, 2015 (11:46 a.m.) Attachment A 114 of 122 25 U:\2016REPT\CONF\Supp\CRAmendAlt.xml SEN. APPRO. funding limitation under subsection (b) of this section ap-1 plies. 2 (f) None of the funds authorized or appropriated pur-3 suant to subsection (e) of this section may be expended 4 for an abortion other than as described in subsection (c) 5 of this section. 6 (g) Nothing in this section shall be construed to re-7 duce overall Federal funding available in support of wom-8 en’s health. 9 This Act may be cited as the ‘‘Continuing Appropria-10 tions Resolution, 2016’’. 11 September 22, 2015 (11:46 a.m.) Attachment A 115 of 122 1 CR Section-by-Section Analysis General Terms and Conditions Sec. 101. Provides for the continuation of appropriations at the levels of, and under the terms and conditions of, the fiscal year 2015 Acts, reduced by 0.21 percent of both defense and non-defense discretionary programs. DOD Production Rates Sec. 102. Prohibits DOD from starting new programs, entering into multi-year contracts, or increasing production rates. Terms and Conditions Sec. 103. Specifies that funds in section 101 shall be available to the extent and in the manner that would be provided in the pertinent appropriations Act. No New Starts Sec. 104. Provides for neither new starts nor resumption of activities for which funds were not available during 2015. Continuation of Authorities Sec. 105. Continues all authorities, requirements, and limitations from 2015 appropriations Acts through the date in section 106. Allows for valid obligations and expenditures during the period of the CR. Expiration Date Sec. 106. Continues appropriations through December 11, 2015, or the enactment of the pertinent appropriations Act. Attribution of Appropriations Sec. 107. Provides that expenditures for activities funded in this CR be charged to the relevant account when the applicable appropriations Acts become law. Waiver of Apportionments Sec. 108. Waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations Acts. Limits high initial rates of operation Sec. 109. Limits disbursements for programs that otherwise would have high initial rates of operation or would complete disbursements at the beginning of the fiscal year if those actions would impinge on final Congressional funding prerogatives. Attachment B 116 of 122 2 Limitation on Spending Authority Sec. 110. Directs that the Act be implemented so only the most limited funding action be taken in order to provide for continuation of projects and activities. Appropriated Entitlement and Other Mandatory Spending Sec. 111. Provides for up to 30 days after the expiration of the CR authority to make payments for appropriated entitlements and other mandatory spending. Furlough Avoidance Sec. 112. Permits agencies to apportion funds up to a rate for operation necessary to avoid furloughs, but this authority shall not be used until the agency has taken all necessary action to reduce or defer non-personnel-related administrative expenses. National Security Waiver Authority Sec. 113. Provides waiver authority routinely carried in CRs for the expenditure of funds in the absence of certain national security authorizations. Designation of Funds for Which Cap Adjustments Are Made Sec. 114. Provides a designation for amounts incorporated by reference for which a cap adjustment for overseas contingency operations and disaster relief is permissible under the Budget Control Act of 2011. Exempts these amounts, plus base and cap adjustment funding for the Social Security Administration’s continuing disability reviews and redeterminations and for the Health and Human Services Department’s Health Care Fraud and Abuse Control Account, from the across-the-board reduction in section 101. Advance Appropriations Sec. 115. Applies through the duration of the CR the across-the-board reduction in section 101 to advance appropriations made in prior years that first become available in fiscal year 2016. Commodity Supplemental Food Program Funding Sec. 116. Provides through the duration of the CR a higher rate for operations for the commodity supplemental food program to cover higher food package costs in 2016. Rental Assistance Program Apportionment Authority Sec. 117. Allows the Department of Agriculture funding flexibility to pay ongoing debt service for multi-family direct loan program rental assistance contracts under sections 514 and 515 of the Housing Act of 1949. Also permits renewal Attachment B 117 of 122 3 through the duration of the CR of rental assistance contracts entered into or renewed in 2015 that exhausted funds within the 12-month contract period. Satellite Apportionment Authority Sec. 118. Allows NOAA funding flexibility to maintain launch schedules for the Joint Polar Satellite System. Federal Prisoner Detention Sec. 119. Turns off the language in the 2015 bill requiring a $1.1 billion transfer from the Assets Forfeiture Fund to the United States Marshals Service, while modifying temporarily the general limitation on transfers from the Assets Forfeiture Fund to allow transfers to the Marshals Service to cover projected detention costs during the period of the CR. Space Shuttle Program Closeout Sec. 120. Allows the liquidation of valid obligations of existing amounts that will expire but have not yet been cancelled to support closeout activities of the Space Shuttle Program. Broadband Technology Opportunities Program Closeout Sec. 121. Allows the liquidation of valid obligations of existing amounts that will expire but have not yet been cancelled to support ongoing telecommunications infrastructure grants. Defense Authorization Extensions Sec. 122. Extends authority that otherwise expires for the Office of Security Cooperation in Iraq and for awards for combatting terrorism. Uranium Enrichment Decontamination and Decommissioning Fund Apportionment Authority Sec. 123. Allows DOE funding flexibility to avoid disruption of continuing clean- up projects or activities, particularly at the Portsmouth Gaseous Diffusion Plant. DC Local Funds Sec. 124. Allows through the duration of the CR the District of Columbia to spend its locally-generated revenue for fiscal year 2016 on and after October 1, 2015. Recovery Accountability Transparency Board Sec. 125. Provides a rate for operations for the Recovery Accountability Transparency Board of zero. The Board is scheduled to sunset on September 30, 2015, and is not funded in the House or Senate bills for 2016. The Board was funded at $18 million in 2015. Attachment B 118 of 122 4 SBA 7(a) Business Loans Apportionment Authority Sec. 126. Allows SBA funding flexibility to accommodate demand for commitments for 7(a) small business loans. Internet Tax Freedom Act Extension Sec. 127. Extends through the duration of the CR authority that otherwise expires on October 1, 2015, for the Internet Tax Freedom Act. Technical Allowance for Estimating Differences Sec. 128. Provides that section 7 of the 2015 Omnibus is a term and condition under section 101. Section 7 allows for the Office of Management and Budget to adjust the discretionary spending limits by no more than 0.2 percent due to estimating differences with the Congressional Budget Office. Homeland Security R&D Extension Sec. 129. Extends through the duration of the CR authority needed to obtain leading edge Homeland Security R&D or prototypes using “other transactions” agreements for work with non-traditional Government contractors. E-Verify Extension Sec. 130. Extends through the duration of the CR authority that otherwise expires on September 30, 2015, for the E-Verify employment authorization program. EB-5 Regional Centers Extension Sec. 131. Extends through the duration of the CR authority that otherwise expires on September 30, 2015, for the EB-5 Immigrant Investor Visa Program. Nonminister Religious Worker Visa Program Extension Sec. 132. Extends through the duration of the CR authority that otherwise expires on September 30, 2015, for the special immigrant status granted to religious workers other than ministers. Conrad-30 Waiver Program Extension Sec. 133. Extends through the duration of the CR authority that otherwise expires on September 30, 2015, for rural doctors employment visas. Recreation User Fees Extension Sec. 134. Extends through September 30, 2017, user fee collection authority under the Federal Lands Recreation Enhancement Act. Attachment B 119 of 122 5 Fire Transfer Repayment Funding Sec. 135. Appropriates $700 million in emergency funding, to remain available until expended, for urgent wildfire suppression activities at the Department of Agriculture. Such funding may be used for transfer to other landscape management program accounts to repay amounts previously transferred for wildfire suppression. Oil and Gas Special Pay Authorization Extension Sec. 136. Extends through the duration of the CR authority that otherwise expires at the end of fiscal year 2015, for establishing higher rates of pay for certain highly skilled employees in the petroleum engineering and geoscience fields working on both offshore and onshore oil and gas development at the Department of the Interior. These special pay authorities allow the agency to compete with industry in the hiring and retention of key personnel. Eisenhower Memorial Commission Extension Sec. 137. Extends through the duration of the CR authority that otherwise expires on September 30, 2015, for the Eisenhower Memorial Commission, while continuing the construction limitation for the Memorial imposed in 2015 and prior years. Payment in Lieu of Taxes Technical Fix Sec. 138. Clarifies language enacted in the National Defense Authorization Act for Fiscal Year 2015 to ensure that $37 million in PILT payments made on October 1, 2015, are intended to be 2015 payments. CDC Leased Facility Sec. 139. Allows use of prior-year CDC funds for construction of a replacement freezer building on leased land. Highly Qualified Teachers Extension Sec. 140. Extends through the 2016-2017 school year a provision that allows the Department of Education to include teachers who are pursuing alternative routes to certification in the definition of a highly qualified teacher under the No Child Left Behind Act of 2001. Children’s Health Insurance Program Rescission Sec. 141. Incorporates and continues a rescission of Children’s Health Insurance Program funds contained in the 2015 short-term CR, and maintains changes in mandatory programs in the Labor-HHS subcommittee at the 2015 enacted level. Attachment B 120 of 122 6 National Advisory Committee on Institutional Quality and Integrity Sec. 142. Extends through the duration of the CR authority that otherwise expires on September 30, 2015, for the Department of Education’s National Advisory Committee on Institutional Quality and Integrity. Death Gratuity Funding for Representative Nunnelee Sec. 143. Appropriates a $174,000 death gratuity to the widow of Representative Alan Nunnelee. Denver Replacement Medical Center Transfer Authority Sec. 144. Allows $625 million in transfers from VA prior-year discretionary balances and 2016 discretionary advance appropriations to the Construction, Major Projects account to cover costs for completion of the Denver Replacement Medical Center. Requires a request from VA and Appropriations Committees’ approvals for such transfers. VA Funding to Reduce Backlog of Disabilities Claims Sec. 145. Provides through the duration of the CR a higher rate for operations for Veterans Benefits Administration general operating expenses to continue progress on the disability claims backlog. VA Rescission and Reappropriation Sec. 146. Continues a rescission made in 2015 and prior years that routinely accompanies an appropriation for veterans’ medical care to extend the availability of funds from one year to two years. U.S. Commission on International Religious Freedom Extension Sec. 147. Extends through the duration of the CR authority that otherwise expires on September 30, 2015, for the U.S. Commission on International Religious Freedom. Ukraine Apportionment Authority Sec. 148. Allows funding flexibility for selected international activities, including the costs of authorized loan guarantees, so as to sustain assistance for Ukraine to counter external, regional aggression and influence. U.S. Advisory Commission on Public Diplomacy Extension Sec. 149. Extends through the duration of the CR authority that otherwise expires on October 1, 2015, for the U.S. Advisory Commission on Public Diplomacy. Attachment B 121 of 122 7 New Core Apportionment Authority Sec. 150. Allows HUD funding flexibility to transfer key financial management and procurement responsibilities to the Department of Treasury on October 1, 2015, as part of the scheduled third release of its New Core shared services project. Federal Aviation Administration Extension Sec. 151 and Sec. 152. Extends through March 31, 2016, trust fund expenditure authority, airport grants contract authority and aviation excise taxes that otherwise expire on October 1, 2015. Prohibition on Funding for Planned Parenthood Sec. 153. Prohibits for one year any funding for Planned Parenthood or its affiliates unless the clinic certifies it will not perform or fund abortions, and redirects the estimated $235 million in mandatory savings to increase funding for community health centers. 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