HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 06022016 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
February 8, 2016
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Federal D. Glover, Chair
Supervisor Karen Mitchoff, Vice Chair
Agenda
Items:
Items may be taken out of order based on the business of the day and preference
of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
3. CONSIDER the issue of the Governor’s Revised Managed Care Organization
(MCO) Fix Proposal and its Impact, and urge our legislative delegation to adopt
the MCO Fix as soon as possible, as recommended by Dr. William Walker.
4. CONSIDER recommending a position on Assembly Bill 1665 (Bonilla):
Transactions and Use taxes: County of Alameda, County of Contra Costa, and
Contra Costa Transportation Authority, or provide direction to staff on the
pursuit of bill amendments.
5. CONSIDER recommending to the Board of Supervisors a position of "Oppose
Unless Amended" on AB 45 (Mullins): Household Hazardous Waste, as
recommended by CSAC and Deidra Dingman, Conservation Programs Manager
for Contra Costa County.
6. CONSIDER recommending to the Board of Supervisors a position of "Support"
on AB 1642 (Obernolte): State Responsibility Areas: Fire Prevention Fees.
7. CONSIDER the statewide issues of importance to counties and provide direction
to staff as needed.
8. CONSIDER recommending to the Board of Supervisors a position of "Support"
on S. 2123, the federal Sentencing Reform and Corrections Act.
9.The next meeting is currently scheduled for March 14, 2016 at 10:30 a.m.
10.Adjourn
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The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee meetings. Contact the staff person listed below at least
72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
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LEGISLATION COMMITTEE 3.
Meeting Date:02/08/2016
Subject:Governor’s Revised MCO Fix Proposal and Impact on Counties
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-01
Referral Name: Governor’s Revised MCO Fix Proposal and Impact on Counties
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
One of the Governor’s top priorities is to authorize a new MCO “tax” that complies with federal
standards and provides at least $1.3 billion in funding to the state for Medi-Cal costs. The current
MCO tax expires June 30, 2016, and the Brown Administration is seeking a two-thirds vote of
the Legislature on a fix as soon as possible.
The Governor’s MCO funding plan requires all health plans to participate as required by federal
law. In return, health plans would incur lower Gross Premium Taxes and Corporate Taxes and
become eligible for supplemental payments – creating a net neutral balance for the plans. While it
is called the MCO “tax,” the proposal protects participating plans from net costs and losses while
preserving Medi-Cal services. Specific details of the proposal continue to be refined and
negotiated, and CSAC is in close communication with select stakeholders.
Dr. Walker recommends that the Legislation Committee consider this issue and encourage our
Board of Supervisors to engage with our legislative delegation on the importance of adopting the
MCO fix as soon as possible.
Referral Update:
The Managed Care Organization (MCO) tax is of critical importance for county funding and
other Medi-Cal services, and the Governor’s proposal in the January Budget would spare health
plans any net costs or losses while realizing $1.3 billion for critical Medi-Cal services. Counties
are at risk of significant statewide and county financial liabilities for critical services in the
absence of a MCO fix.
County Impact. MCO funding is vital to all counties. The MCO tax provides about $1.1 billion
in health care financing for California, including implementation financing for the Coordinated
Care Initiative (CCI), as well as other critical state-level Medi-Cal services. Furthermore,
continuation of the CCI is tied to the county In-Home Supportive Services (IHSS) Maintenance of
Effort (MOE) and the eventual plan to transition collective bargaining for IHSS workers from
each county to the state. If the current MCO funding for the CCI is not continued, it could
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each county to the state. If the current MCO funding for the CCI is not continued, it could
jeopardize the IHSS MOE and eventual transfer of collective bargaining. The loss of MCO
funding for other Medi-Cal programs would also result in statewide cuts that could affect
counties.
The current MCO tax expires June 30, 2016 and the Brown administration has proposed a new,
broader MCO tax on almost all health plans. The administration would use this funding to
continue support for children’s health services, as well ongoing funding for the restoration of a
seven percent cut in IHSS recipient hours. Further, the Governor and legislative leaders intend to
examine ways to increase fee-for-service Medi-Cal provider rates and rates for providers of
services to developmentally disabled residents.
The Governor’s proposal requires all health plans to contribute funds that would be used by the
state to draw down federal funding of at least an estimated $1.3 billion. In return, health plans
would receive discounts on their Gross Premium Taxes and Corporate Taxes, as well as receive
supplemental payments from the federal funds drawn down by the state, creating a net neutral
balance for their participation. While the Governor’s proposal is called the MCO “tax,” it ensures
that participating plans do not experience any net costs or losses.
(Note: While it is true that health plans will have no loss from Medi-Cal, there is a net loss to
health plans for their commercial patients which will get passed on in terms of raised premiums
to employer groups most likely . CSAC is in close communication with local and county-run
health plans to ensure minimal impact on these providers, especially in regards to their
commercial lines of business, such as IHSS providers .)
The Brown administration has also signaled a desire to prepare for increases in the state’s share of
Medi-Cal costs under the Affordable Care Act. Under the Affordable Care Act, the state added
nearly four million beneficiaries to the Medi-Cal caseload, and more than 12 million Californians
– a third of the state’s population – receive health care services through the Medi-Cal program.
Further, the federal reimbursement for new Medi-Cal recipients will step down from 100 percent
to 90 percent in 2020. It is worth noting that the Governor’s proclamation calling for the special
session does not mention continued funding for the CCI, and it includes a reference to “and/or
other fund sources” for the myriad of programs and services explained above. The Legislature
officially convened the health special session on June 19, 2015, but there is no timeline for when
bills will be introduced or discussed. The administration released draft trailer bill language
regarding their concept for the new MCO tax last year, and released an updated proposal with the
Governor’s January budget proposal this year. The updated plan would not result in higher total
tax payments for any health care provider.
Political Landscape. Despite the Governor’s efforts to date, achieving the two-thirds vote
necessary in the Legislature to provide the fix has remained elusive as it is framed as a “tax.”
However, there is no net increase to the health plans in the Governor’s January Budget proposal.
The Special Session on Health Care remains open, but the Legislature has not yet taken up the
Governor’s plan.
Recommendation(s)/Next Step(s):
CSAC is urging counties to contact their local legislative delegations to explain the specific
potential local impacts and importance of passing an MCO fix as soon as possible.
Attachments
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Attachments
No file(s) attached.
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LEGISLATION COMMITTEE 4.
Meeting Date:02/08/2016
Subject:AB 1665 (Bonilla): Transactions and Use taxes
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-02
Referral Name: AB 1665 (Bonilla): Transactions and Use taxes
Presenter: John Cunningham Contact: J. Cunningham 925-674-7833
Referral History:
This bill is being referred to the Legislation Committee for consideration by John Cunningham,
Principal Planner in the Department of Conservation and Development.
Referral Update:
Bill : Assembly Bill 1655 (Bonilla) Transactions and use taxes: County of Alameda, County of
Contra Costa, and Contra Costa Transportation Authority. (See Attachment A for the text of the
bill.)
Background: In 2013 AB 210 (Wieckowski) modified the Revenue & Taxation (R&T) code to
include a provision allowing Contra Costa County to adopt an ordinance proposing the
imposition of a transactions and use tax for the support of countywide transportation programs at
a rate of no more than 0.50% that, in combination with other specified taxes, exceeds the 2%
statutory limitation.
Status: AB 1665 (Bonilla) would further modify the R&T code substituting “Contra Costa
Transportation Authority” for “Contra Costa County” specifically assigning the taxing authority
for a countywide transportation program to CCTA, and extend the period of authorization from
2020 to 2024.
The subject bill rather than adding CCTA as an entity eligible to propose a sales tax it removes
the County and adds CCTA. As the statute (R&T 7291) now reads, it is limited to transportation
uses but, in theory, other uses could have been added.
The bill further proposes to replace the County as the entity to impose the tax with CCTA. In
other words, the bill enables CCTA to pass their own ordinance rather than going through the
Board of Supervisors. Prior to this, the County had a role, albeit largely ministerial, and now with
this bill, we are out of the process with the exception of acting as a CCTA member agency similar
to the cities.
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Recommendation(s)/Next Step(s):
Attachments
Attachment A: AB 1665 Bill Text
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california legislature—2015–16 regular session
ASSEMBLY BILL No. 1665
Introduced by Assembly Member Bonilla
January 14, 2016
An act to amend Sections 7291 and 7292 of the Revenue and Taxation
Code, relating to taxation.
legislative counsel’s digest
AB 1665, as introduced, Bonilla. Transactions and use taxes: County
of Alameda, County of Contra Costa, and Contra Costa Transportation
Authority.
Existing law authorizes the County of Alameda and the County of
Contra Costa to impose a transactions and use tax for the support of
countywide transportation programs at a rate of no more than 0.5% that,
in combination with other specified taxes, exceeds the combined rate
of all these taxes that may be imposed, if certain requirements are met,
including a requirement that the ordinance proposing the transactions
and use tax be submitted to, and approved by, the voters. Existing law
repeals this authority on December 31, 2020, if the ordinance is not
approved by the voters by that date.
This bill would extend this taxing authority of the County of Alameda
until December 31, 2014, and would shift this same taxing authority,
or so extended, from the County of Contra Costa to the Contra Costa
Transportation Authority.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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Attachment A
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7291 of the Revenue and Taxation Code
line 2 is amended to read:
line 3 7291. Notwithstanding any other law, the County of Alameda
line 4 and the County of Contra Costa Transportation Authority may
line 5 each impose a transactions and use tax for the support of
line 6 countywide transportation programs at a rate of no more than 0.5
line 7 percent that would, in combination with all taxes imposed pursuant
line 8 to Part 1.6 (commencing with Section 7251), exceed the limit
line 9 established in Section 7251.1, if all of the following requirements
line 10 are met:
line 11 (a) The county or the Contra Costa Transportation Authority
line 12 adopts an ordinance proposing the transactions and use tax by any
line 13 applicable voting approval requirement.
line 14 (b) The ordinance proposing the transactions and use tax is
line 15 submitted to the electorate and is approved by the voters voting
line 16 on the ordinance pursuant to Article XIIIC of the California
line 17 Constitution.
line 18 (c) The transactions and use tax conforms to the Transactions
line 19 and Use Tax Law, Part 1.6 (commencing with Section 7251), other
line 20 than Section 7251.1.
line 21 SEC. 2. Section 7292 of the Revenue and Taxation Code is
line 22 amended to read:
line 23 7292. If, as of December 31, 2020, 2024, an ordinance
line 24 proposing a transactions and use tax has not been approved as
line 25 required by subdivision (b) of Section 7291, this chapter shall be
line 26 repealed as of that same date.
line 27 SEC. 3. The Legislature finds and declares that a special law
line 28 is necessary and that a general law cannot be made applicable
line 29 within the meaning of Section 16 of Article IV because of the
line 30 unique fiscal pressures being experienced in the County of
line 31 Alameda and by the Contra Costa Transportation Authority in
line 32 providing essential transportation programs.
O
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— 2 —AB 1665
Attachment A
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LEGISLATION COMMITTEE 5.
Meeting Date:02/08/2016
Subject:AB 45 (Mullins): Household Hazardous Waste
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-03
Referral Name: AB 45 (Mullins): Household Hazardous Waste
Presenter: Deidra Dingman Contact: D. Dingman (925) 674-7203
Referral History:
AB 45 (Mullins) is a bill that is of concern to CSAC and the Urban Counties Caucus (UCC).
CSAC has requested that counties consider taking action on this bill. The California Products
Stewardship Council is also opposing this bill because they are concerned it will prevent local
jurisdictions from enacting EPR-type pharmaceutical collection programs.
Referral Update:
As amended on January 21st, AB 45 would now require Cal Recycle to develop one or more
general household hazardous waste (HHW) model ordinances in consultation with affected
industry and stakeholders; defines home generated pharmaceutical waste as HHW; allows for the
creation of a nonprofit agency to make grants to local governments to assist with outreach and
educations and other costs, and deems five million dollars as sufficient funding for these
purposes. The bill would be repealed in 2019 if Cal Recycle determines that there is no nonprofit
willing or able to meet parameters in the bill and deemed adequate by Cal Recycle. The bill also
includes intent language that states that the role for manufacturers in the end-of-life management
of their products should be based on the ability of manufactures and distributors to communicate
with consumers.
CSAC opposes the role outlined for manufactures in this bill. They believe that industries that
profit from these hard to manage products should have a significant stake in their proper
management and disposal. The bill outlines the role for manufacturers as communicating with
consumers and making grants to local governments. While an Extended Producer Responsibility
(EPR) model may not be appropriate for all products, EPR is an excellent tool to employ for the
producers of toxic and expensive-to-manage products, and those that pose additional health and
safety risks such as sharps and pharmaceuticals. AB 45 also defines home generated
pharmaceutical waste as HHW. We object to home generated pharmaceutical waste being
included in the proposed comprehensive hazardous waste program, as neither our state nor federal
regulating agencies currently regulate it as such.
Attached are a copy of the bill (Attachment A) and CSAC’s letter to the author (Attachment B).
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Bill Status :
01/27/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. (50-18)
Bill Analysis:
SUMMARY: Requires the California Department of Resources Recycling and Recovery
(CalRecycle) to adopt one or more model ordinances for a comprehensive program for the
collection of household hazardous waste (HHW), and allows a local jurisdiction to adopt one of
the model ordinances. Specifically, this bill:
1) Requires CalRecycle, in consultation with affected industries and stakeholders, to adopt one or
more model ordinances for a comprehensive program for the collection of HHW for adoption by
any local jurisdiction that provides for the residential collection and disposal of solid waste.
2) Requires CalRecycle, upon adoption of the model ordinance or ordinances, to notify the public
by positing the ordinances on their Internet Web site.
3) Allows, after CalRecycle complies with the posting requirements in 2) above, a local
jurisdiction that proposes to enact an ordinance governing the collection and diversion of HHW to
adopt one of the model ordinances.
4) Requires CalRecycle to determine whether an appropriate nonprofit organization has been
created and funded for the purpose of making grants to local governments to assist with both of
the following activities:
a) Educate residents of communities on the existence of HHW disposal programs and how to use
them; and,
b) Defray the cost of components of local government HHW programs.
5) Requires CalRecycle, in making the determination in 4) above, to consider the following:
a) If the nonprofit organization has, at the time of the determination, a minimum of $5 million
dedicated to grants to local governments for the purposes described in 4) above.
b) If the nonprofit organization will have sufficient funding to allocate grants to local
governments throughout the state for five years;
c) If the composition of the nonprofit's board of directors is sufficiently diverse and experienced
to appropriately consider grant applications that will positively impact efforts to improve the
disposal of HHW; and,
d) If the nonprofit organization has appropriate criteria for considering grant applications.
6) Provides that this bill is applicable only to local jurisdictions that provide for the residential
collection and disposal of solid waste.
7) Repeals the provisions of this bill on January 1, 2019, if CalRecycle does not make the
determination that an appropriate nonprofit organization exists, as specified in 4) and 5) above, by
December 31, 2018.
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December 31, 2018.
8) Defines the following terms:
a) "Comprehensive program for the collection of HHW" to mean a local program that may
include, but is not limited to, the following components:
i) Utilization of locally sponsored collection sites;
ii) Scheduled and publicly advertised drop off days;
iii) Door-to-door collection programs;
iv) Mobile collection programs;
v) Dissemination of information about how consumers should dispose of the various types of
HHW; and,
vi) Education programs to promote consumer understanding and use of the local components of a
comprehensive program.
b) "HHW" includes, but is not limited to, the following:
i) Automotive products, including, but not limited to, antifreeze, batteries, brake fluid, motor oil,
oil filters, fuels, wax, and polish;
ii) Garden chemicals, including, but not limited to, fertilizers, herbicides, insect spray, pesticides,
and weed killers;
iii) Household chemicals, including, but not limited to, ammonia, cleaners, strippers, and rust
removers;
iv) Paint products, including, but not limited to, paint, caulk, glue, stripper, thinner, and wood
preservatives and stain;
v) Consumer electronics, including, but not limited to, televisions, computers, laptops, monitors,
keyboards, DVD and CD players, VCRs, MP3 players, cell phones, desktop printers, scanners,
fax machines, computer mice, microwaves, and related cords;
vi) Swimming pool chemicals, including, but not limited to, chlorine tablets and liquids, pool
acids, and stabilizers;
vii) Household batteries, defined as batteries that individually weigh two kilograms or less of
mercury, alkaline, carbon-zinc, or nickel-cadmium, and any other batteries typically generated as
household waste, including, but not limited to, batteries used to provide power for consumer
electronic and personal goods often found in a household;
viii) Fluorescent tubes and compact fluorescent lamps;
ix) Mercury-containing items, including, but not limited to, thermometers, thermostats, and
switches;
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x) Home-generated sharps waste, as defined in existing law; and,
xi) Home-generated pharmaceutical waste, defined as a prescription or nonprescription drug, as
specified, that is a waste generated by a household or households. "Home-generated
pharmaceutical waste" shall not include drugs for which producers provide a take-back program
as a part of a United States Food and Drug Administration managed risk evaluation and
mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code, or waste
generated by a business, corporation, limited partnership, or an entity involved in a wholesale
transaction between a distributer and a retailer.
9) Makes a number of findings and declarations.
EXISTING LAW:
1) Requires cities and counties to prepare, adopt, and submit to CalRecycle an HHW Element
plan which identifies a program for the safe collection, recycling, treatment, and disposal of
hazardous wastes that are generated by households within the jurisdiction and provides a specific
time frame for achieving these objectives.
2) Requires, under the California Integrated Waste Management Act of 1989, each city or county
to divert 50% of solid waste from landfill disposal or transformation on and after January 1,
2000. Establishes a statewide policy goal that not less than 75% of solid waste be source reduced,
recycled, or composted on and after January 1, 2020.
3) Requires CalRecycle and the Department of Toxic Substance Control (DTSC) to jointly
maintain a database of all HHW collection events, facilities, and programs within the state and
make that information available to the public upon request.
4) Requires the California Integrated Waste Management Board to coordinate with DTSC to
develop and implement a public information program to provide uniform and consistent
information on the proper disposal of hazardous substances found in and around homes, and to
assist the efforts of counties required to provide HHW collection, recycling, and disposal
programs.
5) Requires CalRecycle, upon appropriation by the Legislature, to distribute grants to cities,
counties, or other local agencies with the responsibility for solid waste management, and for local
programs to help prevent the disposal of hazardous wastes at disposal sites, which include but are
not limited to programs that expand or implement HHW programs.
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill contains
increased annual costs to CalRecycle in the range of $200,000 to $300,000 (special fund).
COMMENTS:
1) Bill Summary. This bill requires CalRecycle, in consultation with affected industries, to adopt
one or more model ordinances for a comprehensive program for the collection of HHW for
adoption by a local jurisdiction that provides for the residential collection and disposal of solid
waste. Local jurisdictions proposing to enact an ordinance to govern the collection and diversion
of HHW may adopt one of the model ordinances after CalRecycle has posted the model
ordinances on its Web site. Additionally, this bill requires CalRecycle to determine if an13 of 52
ordinances on its Web site. Additionally, this bill requires CalRecycle to determine if an
appropriate nonprofit organization has been created and funded to make grants to local
governments for specified activities relating to HHW programs. This bill requires CalRecycle to
consider a list of factors in making the determination about the nonprofit organization. The
provisions of this bill will be repealed on January 1, 2019, if CalRecycle does not make the
determination that an appropriate nonprofit organization exists by December 31, 2018. This bill is
an author-sponsored measure.
2) Background on HHW. HHW is hazardous waste commonly generated by households and
includes such ubiquitous items as batteries, pesticides, electronics, fluorescent lamps, used oil,
solvents, and cleaners. If these products are handled or disposed of incorrectly, they can pose a
threat to health and safety and the environment. When these products are discarded, they become
"household hazardous waste." In California, it is illegal to dispose of HHW in the trash, down the
drain, or by abandonment. HHW needs to be disposed of through a HHW program.
Cities and counties are required to prepare, adopt, and submit to CalRecycle, a HHW
Management Element Plan, which identifies a program for the safe collection, recycling,
treatment, and disposal of HHW. The Element Plan specifies how HHW generated within the
jurisdiction must be collected, treated, and disposed. Each jurisdiction is required to prepare and
implement plans to reduce and safely collect, recycle, treat, and dispose of HHW and provides a
specific time frame for achieving these objectives. While there are many different approaches for
the collection and management of HHW, all are permitted by DTSC and most are operated by
local jurisdictions. Some private operators operate programs under contract with local
jurisdictions, including curbside and door-to-door collection.
3) Author's Statement. According to the author, "State law has loosely regulated HHWs for
approximately 25 years. AB 45 aims to coordinate with affected industries like local
governments, producers of HHW products, and CalRecycle to adopt model ordinances for a
comprehensive program for the collection of HHW. Local governments have the option to choose
whether or not to use the model ordinances listed by CalRecycle. In addition, CalRecycle will
determine whether or not an appropriate nonprofit organization has been created and funded for
the purpose of making grants to local governments. This non-profit will be created to assist in
educating residents about HHW disposal programs and how to use them. In addition, the
Department will ensure that product manufacturers contribute a minimum of five million dollars
to the non-profit for defraying the cost of components of local government HHW programs."
4) Related Legislation. AB 2371 (Mullin) of 2014, as heard by the Assembly Local Government
Committee, would have required each jurisdiction, no later than January 1, 2016, to review its
HHW Element to determine its effectiveness in the collection, recycling, treatment, and disposal
of HHW, and would have required CalRecycle, on or before January 1, 2017, to submit a report
to the Legislature that analyzes the effectiveness of the state's HHW management system. AB
2371 was later amended to deal with a different subject matter.
AB 1159 (Gordon) of 2015 would have established a limited-term product stewardship program
for home-generated medical sharps and household batteries. AB 1159 was held in the Assembly
Appropriations Committee.
5) Policy Considerations. The Legislature may wish to consider the following:
a) Nonprofit Organization. This bill is contingent on a determination made by CalRecycle on
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whether an appropriate nonprofit organization has been created and funded for the purpose of
making grants to local governments. Under this bill, CalRecycle is required to consider a list of
factors in making this determination, which includes whether the nonprofit organization has $5
million and if the nonprofit organization has sufficient funding to allocate to local governments
for five years. The Legislature may wish to consider that, while CalRecycle must consider certain
factors, there are no requirements in this bill to require that a specified amount of funding is
distributed.
The California State Association of Counties (CSAC), opposed unless amended, argues that
"there is a lack of criteria, specific qualifications, or process as to how these non-profits would
operate. The bill arbitrarily identifies the amount of five million dollars as a sufficient amount for
grants to local governments. HHW management is a very expensive process as those toxic
products require very specific handling. We question how this number was deemed sufficient."
In a letter to the author, the Advanced Medical Technology Association, Biotechnology Industry
Organization, Consumer Healthcare Products Association, and the Pharmaceutical Research and
Manufacturers of America state "the undersigned associations commit that following the
enactment of AB 45 in a form that our member companies believe will ensure a strong
commitment by local government to a comprehensive state-wide approach to disposal of (HHW),
we will facilitate the establishment and funding of an appropriate non-profit entity dedicated to
providing education to California consumers about the appropriate handling and disposal of our
industries' products. This entity, which we propose to be funded by the industry participants
represented by the signatories of this letter, as well as other impacted groups, would be funded at
the amount of $5 million over a 5-year period."
b) Current Programs and Definitions. The Legislature may wish to consider how current
programs and definitions pertaining to the management of HHW will interact with the provisions
in this bill.
i) Grant Funding. CSAC states, "CalRecycle currently runs a HHW grant program. There are no
findings in the bill indicating why such a move could, or would be an improvement over the
current system."
ii) HHW Element Plan. According to CSAC, "jurisdictions across the state have developed
comprehensive ordinances to collect and manage HHW, each tailored to the needs of their
respective community. We question the need for a general HHW model ordinance when locals
are required to have them in place already. In addition, there is little guidance within the
legislation to indicate the types of ordinances that might be developed."
iii) Definitions. CSAC argues that "the bill includes a new, broader definition of HHW, which
includes home-generated pharmaceutical waste, such as prescription or non-prescription drugs.
This would ban the disposal of these drugs without a comprehensive plan in place to collect this
material. We believe that a specific collection model is necessary for these types of materials, as a
typical local collection event, or curbside program is not appropriate for dangerous substances.
CSAC supports a product stewardship model for pharmaceutical waste, which incentivizes the
industries that profit from these products to have a significant stake in their proper management
and disposal."
iv) Shared Responsibility. Product Stewardship and Extended Producer Responsibility (EPR)
refers to a policy model that includes manufacturers in the end-of-life management for products
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that they produce. The California Product Stewardship Council states that EPR is a strategy to
place a shared responsibility for end-of-life product management on all entities involved in the
product chain, instead of the local governments and taxpayers, while encouraging product design
changes that minimize a negative impact on human health and the environment at every stage of a
product's lifecycle."
CSAC argues that "the role of industry, or other stakeholder participation outlined in the bill lacks
critical detail."
6) Arguments in Support . Supporters argue that industry is considering approaches that would
support consumer education and local governments in the implementation of comprehensive
programs with the goal to increase compliance with the State's goals of diverting HHW from the
waste stream. Supporters believe such approaches complement this bill's intent to build on the
residential collection system to ensure consumer convenience and enhance participation rates
without mandates on local governments.
7) Arguments in Opposition. Santa Barbara County, in opposition, states "We believe that
retailers and manufacturers should participate in the end-of-life management of the products they
put on the market. We are disappointed that AB 45 moves away from this shared responsibility
approach and instead continues to make local jurisdictions solely responsible for collecting HHW.
The recent amendments mention a non-profit organization that will provide grants to jurisdictions
for HHW programs, but we are not clear how this non-profit organization will be formed or how
the funds will be generated."
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position of "Oppose Unless Amended"
on AB 45 (Mullins): Household Hazardous Waste, as recommended by CSAC and Deidra
Dingman, Conservation Programs Manager for Contra Costa County.
Attachments
Attachment A: AB 45 Bill Text
Attachment B: CSAC Letter
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AMENDED IN ASSEMBLY JANUARY 21, 2016
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY APRIL 13, 2015
AMENDED IN ASSEMBLY MARCH 19, 2015
california legislature—2015–16 regular session
ASSEMBLY BILL No. 45
Introduced by Assembly Member Mullin
December 1, 2014
An act to add and repeal Article 3.4 (commencing with Section
47120) to of Chapter 1 of Part 7 of Division 30 of the Public Resources
Code, relating to hazardous waste.
legislative counsel’s digest
AB 45, as amended, Mullin. Household hazardous waste.
The California Integrated Waste Management Act of 1989, which is
administered by the Department of Resources Recycling and Recovery,
requires, among other things, each city and each county to prepare a
household hazardous waste element containing specified components,
and to submit that element to the department for approval. Existing law
requires the department to approve the element if the local agency
demonstrates that it will comply with specified requirements. A city or
county is required to submit an annual report to the department
summarizing its progress in reducing solid waste, including an update
of the jurisdiction’s household hazardous waste element.
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Attachment A
17 of 52
This bill 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 1, 2020, by 15% over a baseline amount, to be
determined in accordance with department regulations. The bill would
authorize the department to adopt a model ordinance for a
comprehensive program for the collection of household hazardous waste
to facilitate compliance with those provisions, and would require each
jurisdiction to annually report to the department on progress achieved
in complying with those provisions. By imposing new duties on local
agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
This bill would require the department to adopt one or more model
ordinances for a comprehensive program for the collection of household
hazardous waste and would authorize a local jurisdiction that provides
for the residential collection and disposal of solid waste that proposes
to enact an ordinance governing the collection and diversion of
household hazardous waste to adopt one of the model ordinances
adopted by the department. The bill would require the department to
determine whether a nonprofit organization has been created and funded
to make grants to local jurisdictions for specified purposes relating to
household hazardous waste disposal and would specify that if the
department does not determine that such a nonprofit organization exists
by December 31, 2018, then the bill’s provisions would be repealed on
January 1, 2019.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) The Legislature finds and declares all of the
line 2 following:
line 3 (1)
line 4 (a) Household hazardous waste is creating environmental,
line 5 health, and workplace safety issues. Whether due to unused
line 6 pharmaceuticals, batteries, medical devices, or other disposable
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Attachment A
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line 1 consumer items, effective and efficient disposal remains an
line 2 extraordinary challenge.
line 3 (2)
line 4 (b) State and local efforts to address disposal of these items
line 5 have been well intended and, in some cases, effective. However,
line 6 even the most effective programs have very low consumer
line 7 participation. Other approaches being promoted throughout the
line 8 state would fragment the collection of household hazardous waste
line 9 and move collection away from consumer convenience.
line 10 (3)
line 11 (c) In addition to other programs for the collection of household
line 12 hazardous waste, a number of cities in California are already using
line 13 curbside household hazardous waste collection programs,
line 14 door-to-door household hazardous waste collection programs, and
line 15 household hazardous waste residential pickup services as
line 16 mechanisms for collecting and disposing of many commonly used
line 17 household items for which disposal has been the subject of state
line 18 legislation or and local ordinances. The waste disposal companies
line 19 and local governments that have implemented these programs have
line 20 found them to be valuable components of a comprehensive
line 21 approach to the management of household hazardous waste.
line 22 (4)
line 23 (d) There is also an appropriate role for manufacturers and
line 24 distributors of these products in comprehensive efforts to more
line 25 effectively manage household hazardous waste. That role should
line 26 be based on the ability of manufacturers and distributors to
line 27 communicate with consumers.
line 28 (b) It is the intent of the Legislature to enact legislation that
line 29 would establish curbside household hazardous waste collection
line 30 programs, door-to-door household hazardous waste collection
line 31 programs, and household hazardous waste residential pickup
line 32 services as the principal means of collecting household hazardous
line 33 waste and diverting it from California’s landfills and waterways.
line 34 SEC. 2. Article 3.4 (commencing with Section 47120) is added
line 35 to Chapter 1 of Part 7 of Division 30 of the Public Resources Code,
line 36 to read:
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AB 45— 3 — Attachment A
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line 1 Article 3.4. Household Hazardous Waste Collection and
line 2 Reduction
line 3
line 4 47120. For purposes of this article, the following terms have
line 5 the following meanings:
line 6 (a) “Comprehensive program for the collection of household
line 7 hazardous waste” means a local program that may include, but is
line 8 not limited to, the following components:
line 9 (1) Utilization of locally sponsored collection sites.
line 10 (2) Scheduled and publicly advertised drop off drop-off days.
line 11 (3) Door-to-door collection programs.
line 12 (4) Mobile collection programs.
line 13 (5) Dissemination of information about how consumers should
line 14 dispose of the various types of household hazardous waste.
line 15 (6) Education programs to promote consumer understanding
line 16 and use of the local components of a comprehensive program.
line 17 (b) “Household hazardous waste” includes, but is not limited
line 18 to, the following:
line 19 (1) Automotive products, including, but not limited to,
line 20 antifreeze, batteries, brake fluid, motor oil, oil filters, fuels, wax,
line 21 and polish.
line 22 (2) Garden chemicals, including, but not limited to, fertilizers,
line 23 herbicides, insect sprays, pesticides, and weed killers.
line 24 (3) Household chemicals, including, but not limited to, ammonia,
line 25 cleaners, strippers, and rust removers.
line 26 (4) Paint products, including, but not limited to, paint, caulk,
line 27 glue, stripper, thinner, and wood preservatives and stain.
line 28 (5) Consumer electronics, including, but not limited to,
line 29 televisions, computers, laptops, monitors, keyboards, DVD and
line 30 CD players, VCRs, MP3 players, cell phones, desktop printers,
line 31 scanners, fax machines, mouses, computer mice, microwaves, and
line 32 related cords.
line 33 (6) Swimming pool chemicals, including, but not limited to,
line 34 chlorine tablets and liquids, pool acids, and stabilizers.
line 35 (7) Household batteries. For purposes of this section, “household
line 36 batteries” means batteries that individually weigh two kilograms
line 37 or less of mercury, alkaline, carbon-zinc, or nickel-cadmium, and
line 38 any other batteries typically generated as household waste,
line 39 including, but not limited to, batteries used to provide power for
line 40 consumer electronic and personal goods often found in a household.
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line 1 (8) Fluorescent tubes and compact florescent fluorescent lamps.
line 2 (9) Mercury-containing items, including, but not limited to,
line 3 thermometers, thermostats, and switches.
line 4 (10) Home-generated sharps waste, as defined in Section 117671
line 5 of the Health and Safety Code.
line 6 (11) Home-generated pharmaceutical waste. For purposes of
line 7 this section, “home-generated pharmaceutical waste” means a
line 8 prescription or nonprescription drug, as specified in Section 4022
line 9 or 4025.1 of the Business and Professions Code, that is a waste
line 10 generated by a household or households. “Home-generated
line 11 pharmaceutical waste” shall not include drugs for which producers
line 12 provide a take-back program as a part of a United States Food and
line 13 Drug Administration managed Administration-managed risk
line 14 evaluation and mitigation strategy pursuant to Section 355-1 of
line 15 Title 21 of the United States Code, or waste generated by a
line 16 business, corporation, limited partnership, or an entity involved
line 17 in a wholesale transaction between a distributor and a retailer.
line 18 47121. (a) (1) On or before July 1, 2020, each jurisdiction
line 19 shall increase its collection and diversion of household hazardous
line 20 waste in its service area by 15 percent over its baseline amount,
line 21 as established pursuant to subdivision (b).
line 22 (2) Notwithstanding paragraph (1), a jurisdiction that has in
line 23 place or adopts an ordinance implementing a comprehensive
line 24 program for the collection of household hazardous waste shall
line 25 have an additional two years to meet the collection and diversion
line 26 objective in paragraph (1).
line 27 (b) No later than July 1, 2016, each jurisdiction shall inform the
line 28 department of its baseline amount of collection and diversion of
line 29 hazardous waste in accordance with regulations adopted by the
line 30 department. The baseline amount may be expressed in tonnage or
line 31 by the number of households participating, and may focus on
line 32 particular types of household hazardous waste.
line 33 47122. (a) The department shall adopt regulations to implement
line 34 this article.
line 35 (b) The department may adopt a model ordinance for a
line 36 comprehensive program for the collection of household hazardous
line 37 waste to facilitate compliance with this article.
line 38 47123. Commencing July 1, 2020, and annually thereafter,
line 39 each jurisdiction shall report to the department on progress
line 40 achieved in complying with this section. A jurisdiction shall make
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AB 45— 5 — Attachment A
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line 1 a good faith effort to comply with this section, and the department
line 2 may determine whether a jurisdiction has made a good faith effort
line 3 for purposes of this program. To the maximum extent practicable,
line 4 it is the intent of the Legislature that reporting requirements under
line 5 this section be satisfied by submission of similar reports currently
line 6 required by law.
line 7 47124. This article does not apply to a jurisdiction that does
line 8 not provide for the residential collection and disposal of solid
line 9 waste.
line 10 47121. (a) The department, in consultation with affected
line 11 industries and stakeholders, shall adopt one or more model
line 12 ordinances for a comprehensive program for the collection of
line 13 household hazardous waste for adoption by any local jurisdiction
line 14 that provides for the residential collection and disposal of solid
line 15 waste.
line 16 (b) Upon adoption of the model ordinance or ordinances by the
line 17 department, the department shall notify the public by posting the
line 18 model ordinance or ordinances on the department’s Internet Web
line 19 site.
line 20 (c) After the department posts the model ordinance or
line 21 ordinances on its Internet Web site, a local jurisdiction that
line 22 proposes to enact an ordinance governing the collection and
line 23 diversion of household hazardous waste may adopt one of the
line 24 department’s model ordinances.
line 25 47122. (a) The department shall determine whether an
line 26 appropriate nonprofit organization has been created and funded
line 27 for the purpose of making grants to local governments to assist
line 28 with both of the following activities:
line 29 (1) Educating residents of communities on the existence of
line 30 household hazardous waste disposal programs and how to use
line 31 them.
line 32 (2) Defraying the cost of components of local government
line 33 household hazardous waste programs.
line 34 (b) In making the determination set forth in subdivision (a), the
line 35 department shall take all of the following into consideration:
line 36 (1) Whether the nonprofit organization has, at the time of the
line 37 determination, a minimum of five million dollars ($5,000,000)
line 38 dedicated to grants to local governments for the purposes set forth
line 39 in subdivision (a).
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line 1 (2) Whether the nonprofit organization will have sufficient
line 2 funding to allocate grants to local governments throughout the
line 3 state for five years.
line 4 (3) Whether the composition of the nonprofit’s board of directors
line 5 is sufficiently diverse and experienced to appropriately consider
line 6 grant applications that will positively impact efforts to improve
line 7 disposal of household hazardous waste.
line 8 (4) Whether the nonprofit organization has appropriate criteria
line 9 for considering grant applications.
line 10 (c) Upon making a determination that an appropriate nonprofit
line 11 organization exists as set forth in subdivision (a), the department
line 12 shall post the fact that the department has made this determination
line 13 on the department’s Internet Web site.
line 14 47123. This article is applicable only to local jurisdictions that
line 15 provide for the residential collection and disposal of solid waste.
line 16 47124. If the department does not make the determination that
line 17 there exists an appropriate nonprofit organization, as specified in
line 18 subdivision (a) of Section 47122, by December 31, 2018, this
line 19 article shall be repealed on January 1, 2019.
line 20 SEC. 3. No reimbursement is required by this act pursuant to
line 21 Section 6 of Article XIII B of the California Constitution because
line 22 a local agency or school district has the authority to levy service
line 23 charges, fees, or assessments sufficient to pay for the program or
line 24 level of service mandated by this act, within the meaning of Section
line 25 17556 of the Government Code.
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AB 45— 7 — Attachment A
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January 22, 2016
The Honorable Kevin Mullin
State Capitol Building, Room 3160
Sacramento, CA 95814
RE: AB 45 (Mullin) – Household Hazardous Waste
As Amended on January 21, 2016– OPPOSE –UNLESS- AMENDED
Dear Assembly Member Mullin:
On behalf of the California State Association of Counties (CSAC), I write to regrettably express our
oppose-unless-amended position on your AB 45. CSAC appreciates the striking of the household
hazardous waste (HHW) diversion mandate on local government that was included in the April 30th
version of the bill. However, we have several remaining concerns with the approach outlined in this
measure.
First, this bill would require the Department of Resources, Recycling and Recovery (Cal Recycle) to
create one or more model ordinances for HHW collection programs for adoption by local governments,
if they so choose. Current law already requires cities and counties to prepare, adopt, and submit to Cal
Recycle a Household Hazardous Waste Element, which identifies a program for the safe collection,
recycling, treatment, and disposal of hazardous wastes that are generated by households. The
Household Hazardous Waste Element (HHWE) specifies how HHW must be collected, treated, and
disposed. In addition, local jurisdictions are required to report to Cal Recycle how much HHW they
collect annually. Thus, jurisdictions across the state have developed comprehensive ordinances to
collect and manage HHW, each tailored to the needs of their respective community. We question the
need for a general HHW model ordinance when locals are required to have them in place already. In
addition, there is little guidance within the legislation to indicate the types of ordinances that might be
developed.
Second, the bill includes a new, broader definition of HHW, which includes home-generated
pharmaceutical waste (HGPW), such as prescription or non-prescription drugs. This would ban the
disposal of these drugs without a comprehensive plan in place to collect this material. Counties
recognize the additional public health and safety hazard posed by pharmaceutical waste. We believe
that a specific collection model is necessary for these types of materials, as a typical local collection
event, or curbside program is not appropriate for dangerous substances. CSAC supports a product
stewardship model for pharmaceutical waste, which incentivizes the industries that profit from these
products to have a significant stake in their proper management and disposal.
Third, the role of industry, or other stakeholder participation outlined in the bill lacks critical detail. AB
45 requires the department to determine whether an “appropriate non-profit organization has been
created and funded for the purpose of making grants to local governments.” Cal Recycle currently runs
an HHW grant program. There are no findings in the bill indicating why such a move could, or would be
an improvement over the current system. In addition, there is lack of criteria, specific qualifications, or
process as to how these non-profits would operate. Finally, the bill arbitrarily identifies the amount of
five million dollars as a sufficient amount for grants to local governments. HHW management is a very
Attachment B
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expensive process as these toxic products require very specific handling. We question how this number
was deemed sufficient.
Local governments currently bear the burden of managing HHW, and we welcome the opportunity to
work with you to develop a workable solution that will aid in the safe collection and disposal of
household hazardous waste. Should you have any questions regarding our position, please feel free to
contact me at 916-327-7500, ext. 504, or cmartinson@counties.org.
Sincerely,
Cara B. Martinson
Legislative Representative
Attachment B
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LEGISLATION COMMITTEE 6.
Meeting Date:02/08/2016
Subject:AB 1642 (Obernolte) - Fire Prevention Fee Due Dates
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-04
Referral Name: AB 1642 (Obernolte) - Fire Prevention Fee Due Dates
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Assemblymember Obernolte recently introduced AB 1642, legislation that would increase the
deadline for paying fire prevention fees from 30 days to 60 days. His office is currently looking
for letters of support for this bill. AB 1642 is similar to a previous bill that Assemblymember
Obernolte sponsored last year, AB 203, which Contra Costa County supported.
Referral Update:
Assembly Bill 1642 extends the deadline to pay or dispute a fire prevention fee to 60 days, rather
than the 30 days allowed under existing law.
Created by the Legislature and Governor as part of the 2011 Budget, the Fire Prevention Fee
charges property owners $152.33 for each habitable structure located in a State Responsibility
Area (SRA), with a $35 reduction if they live within the boundaries of a local fire protection
district. About 700,000 rural Californians receive a yearly Fire Prevention Fee bill, due 30 days
from the date on the notice.
Due to the rural nature of those being billed, many individuals do not receive their bills in a
timely manner. Additionally, many of these individuals are on fixed incomes, making it difficult
for them to pay their Fire Prevention Fee by the 30-day deadline.
The fire prevention fee affects residents in communities throughout California, and AB 1642 has
received bipartisan support.
According to the California Board of Equalization (BOE), many property owners have expressed
concern that the 30-day deadline does not allow them sufficient time to either pay or file a
petition. If a taxpayer misses the filing deadline to appeal the assessment, they must first pay the
fee in full and file a claim for a refund. California would join 20 other states that give
homeowners at least 60 days to file a petition.
Attachment A is the text of the bill. Attachment B is the bill's Fact Sheet, provided by the author's
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Attachment A is the text of the bill. Attachment B is the bill's Fact Sheet, provided by the author's
office.
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position of "Support" on AB 1642
(Obernolte): State Responsibility Areas: Fire Prevention Fees.
Attachments
Attachment A: AB 1642 Bill Text
Attachment B: AB 1642 Fact Sheet
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california legislature—2015–16 regular session
ASSEMBLY BILL No. 1642
Introduced by Assembly Member Obernolte
(Coauthors: Assembly Members Bigelow, Dodd, Gallagher, Gordon,
Lackey, Levine, Mayes, Melendez, Olsen, Waldron, Wilk, and
Wood)
(Coauthors: Senators Hill, Liu, McGuire, Morrell, Nielsen, and Roth)
January 11, 2016
An act to amend Sections 4213, 4220, and 4222 of the Public
Resources Code, relating to forestry and fire prevention.
legislative counsel’s digest
AB 1642, as introduced, Obernolte. State responsibility areas: fire
prevention fees.
Existing law requires the state to have the primary financial
responsibility for preventing and suppressing fires in areas that the State
Board of Forestry and Fire Protection has determined are state
responsibility areas, as defined. Existing law requires that a fire
prevention fee be charged on each habitable structure on a parcel that
is within a state responsibility area, collected annually by the State
Board of Equalization, in accordance with specified procedures, and
specifies that the annual fee shall be due and payable 30 days from the
date of assessment by the state board. Existing law authorizes a petition
for redetermination of the fee to be filed within 30 days after service
of a notice of determination, as specified.
This bill would extend the time when the fire prevention fee is due
and payable from 30 to 60 days from the date of assessment by the State
Board of Equalization and would authorize the petition for
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Attachment A
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redetermination to be filed within 60 days after service of the notice of
determination, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 4213 of the Public Resources Code is
line 2 amended to read:
line 3 4213. (a) (1) Commencing with the 2011–12 fiscal year, the
line 4 The fire prevention fee imposed pursuant to Section 4212 shall be
line 5 collected annually by the State Board of Equalization in accordance
line 6 with the Fee Collection Procedures Law (Part 30 (commencing
line 7 with Section 55001) of Division 2 of the Revenue and Taxation
line 8 Code).
line 9 (2) Notwithstanding the appeal provisions in the Fee Collection
line 10 Procedures Law, a determination by the department that a person
line 11 is required to pay a fire prevention fee, or a determination by the
line 12 department regarding the amount of that fee, is subject to review
line 13 under Article 2 (commencing with Section 4220) and is not subject
line 14 to a petition for redetermination by the State Board of Equalization.
line 15 (3) (A) Notwithstanding the refund provisions in the Fee
line 16 Collection Procedures Law, the State Board of Equalization shall
line 17 not accept any a claim for refund that is based on the assertion that
line 18 a determination by the department improperly or erroneously
line 19 calculated the amount of the fire prevention fee, or incorrectly
line 20 determined that the person is subject to that fee, unless that
line 21 determination has been set aside by the department or a court
line 22 reviewing the determination of the department.
line 23 (B) If it is determined by the department or a reviewing court
line 24 determines that a person is entitled to a refund of all or part of the
line 25 fire prevention fee, the person shall make a claim to the State Board
line 26 of Equalization pursuant to Chapter 5 (commencing with Section
line 27 55221) of Part 30 of Division 2 of the Revenue and Taxation Code.
line 28 (b) The annual fire prevention fee shall be due and payable 30
line 29 60 days from the date of assessment by the State Board of
line 30 Equalization.
line 31 (c) On or before each January 1, the department shall annually
line 32 transmit to the State Board of Equalization the appropriate name
line 33 and address of each person who is liable for the fire prevention
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line 1 fee and the amount of the fee to be assessed, as authorized by this
line 2 article, and at the same time the department shall provide to the
line 3 State Board of Equalization a contact telephone number for the
line 4 board to be printed on the bill to respond to questions about the
line 5 fee.
line 6 (d) Commencing with the 2012–13 fiscal year, if If in any given
line 7 a fiscal year there are sufficient amounts of money in the State
line 8 Responsibility Area Fire Prevention Fund created pursuant to
line 9 Section 4214 to finance the costs of the programs under subdivision
line 10 (d) of Section 4214 for that fiscal year, the fee may not be collected
line 11 that fiscal year.
line 12 SEC. 2. Section 4220 of the Public Resources Code is amended
line 13 to read:
line 14 4220. A person from whom the fire prevention fee is
line 15 determined to be due under this chapter may petition for a
line 16 redetermination of whether this chapter applies to that person
line 17 within 30 60 days after service upon him or her of a notice of the
line 18 determination. If a petition for redetermination is not filed within
line 19 the 30-day 60-day period, the amount determined to be due
line 20 becomes final at the expiration of the 30-day 60-day period.
line 21 SEC. 3. Section 4222 of the Public Resources Code is amended
line 22 to read:
line 23 4222. If a petition for redetermination of the application of this
line 24 chapter is filed within the 30-day 60-day period, the department
line 25 shall reconsider whether the fee is due and make a determination
line 26 in writing. The department may eliminate the fee based on a
line 27 determination that this chapter does not apply to the person who
line 28 filed the petition.
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AB 1642— 3 — Attachment A
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As Introduced on January 11, 2016
FACT SHEET
JAY OBERNOLTE
Assemblyman, 33rd District
Assembly Bill 1642 – Fire Prevention Fee Due Dates
SUMMARY
AB 1642 (Obernolte) would extend the
period for paying or disputing a fire
prevention fee from 30 days to 60 days from
the date of assessment.
BACKGROUND
The fire prevention fee is assessed annually
on owners of habitable structures located on
a parcel within a State Responsibility Area
(SRA). The SRA does not include lands
within city boundaries or in federal
ownership. Generally speaking, the SRA is
comprised of rural areas, including the
state’s wildlands and watersheds.
Under Public Resources Code (PRC)
Section 4213, the annual fire prevention fee
is due and payable to the Board of
Equalization (BOE) 30 days from the date of
assessment. Additionally, PRC Section 4220
provides a 30-day period to dispute the fee
by filing a petition for redetermination.
If a taxpayer misses the 30 day filing
deadline to appeal the assessed liability, the
determined fee is final and must be paid.
However, if a taxpayer files a timely petition
they are not required to pay the fee until
BOE makes a final ruling in regard to the
dispute.
PROBLEM
Despite the efforts of BOE and the
Department of Forestry and Fire Protection
(CalFire) to clarify the fire fee billings,
improve communications and publications,
and educate fee payers about the petition
process, many homeowners have expressed
concern that the 30-day period does not
allow them sufficient time to pay or dispute
the fee.
The reasons given generally include mail
delays in rural areas, difficulty
understanding fire fee bills, financial stress
on fixed-income property owners, and a lack
of time to obtain assistance and
documentation.
SOLUTION
AB 1642 would give property owners 60
days to pay or dispute the fire prevention
fee, rather than the 30 days allowed under
existing law. This would allow sufficient
time for those residents to review their
assessments and account for any delays.
STAFF CONTACT INFORMATION
John Thompson
(916) 319-2033
john.thompson@asm.ca.gov
Attachment B
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LEGISLATION COMMITTEE 7.
Meeting Date:02/08/2016
Subject:Report on Statewide Issues of Interest
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-05
Referral Name:
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Statewide issues of importance to Contra Costa County are brought to the Legislation Committee
for consideration and direction to staff.
Referral Update:
Governor's Public Safety Reform Initiative
On January 26, 2016, the Governor announced that he has submitted an Initiative for the
November 2016 ballot titled "THE PUBLIC SAFETY AND REHABILITATION ACT OF
2016." (Attachment A) This initiative would make changes to parole for adults and would amend
the current juvenile initiative.
The initiative:
-Authorizes parole consideration for nonviolent inmates who complete the full sentence for their
primary offense.
-Allows inmates to earn credits for good behavior, education and rehabilitative achievement.
-Requires judges rather than prosecutors to decide whether juveniles as young as 14-years-old
should be tried as adults.
California's prisons are under a court-ordered population cap, the prison population is expected to
grow, and there are almost 5,000 inmates housed in out-of-state prisons. Without further action,
the court will order the release of prisoners. This initiative--through its nonviolent parole and
earned-credit provisions--will help ensure that any release of rehabilitated inmates is consistent
with public safety.
Currently, prosecutors often must decide within 48 hours whether a juvenile should be charged as
an adult. The initiative will require a judge, instead of a prosecutor, to carefully review all of the
circumstances and make the decision.
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Budget Proposal on County Jail Facilities and Permit Incentives - Request for Comment
One of the proposals in the Governor’s Budget is $250 million in grants to counties for jail
facilities construction. However, this preliminary proposal is limited to those counties that have
never received an award or only received a partial award. Based on information from the Board of
State and Community Corrections (BSCC), only 3 urban counties fit into these categories.
In light of this restriction on the ability to apply, the Urban Counties Caucus Executive Director
wants to get a sense from the urban counties if counties are interested in applying, or believed
they need additional funds for jail facilities in their county. This is to help her to decide whether
the UCC should support this item or whether the UCC should request changes to the application
process as outlined by the Governor.
The UCC Executive Director is requesting feedback by Friday February, 19, 2016.
Transportation Funding
Recently, the California Transportation Commission (CTC) took action to lower its funding
estimate for the State Transportation Improvement Program (STIP) due to continuing decreases in
fuel tax revenues. On January 27, the Commission sent the Legislature a letter describing the worsening
fiscal condition of the state transportation system and outlining projects that will be indefinitely
delayed as a result of decreased revenues. The reductions in revenue prompting the CTC action
last week also affect the funding available for the local street and road system, as the primary
source of funding for maintaining and operating local roads is the state gasoline excise tax.
Due to low prices and changes in consumption patterns, funding for local roads is down about
25% over the last two fiscal years. CSAC is working with public works departments in every
county to identify the impacts of these ongoing revenue reductions. In the coming weeks, CSAC
will continue their push for a comprehensive transportation funding package that invests at least
$3 billion annually in local streets and roads. CSAC urges counties to reach out to their legislative
representatives to ensure they are aware of these ongoing revenue reductions. CSAC is planning a
Press Conference in Contra Costa County the week of February 8 to highlight the more than $24
million in impacts to projects in Contra Costa County.
By Right Housing Element Legislation
Attached is a legislative proposal (Attachment B) related to by right housing and housing elements
from the American Planning Association, California Chapter. CSAC welcomes review and
feedback from counties by Friday, February 12.
Based on CSAC staff's initial read, the proposal would specify that an attached housing
development shall not require a conditional use permit, planned unit development permit, or other
discretionary local government review or approval that would constitute a “project” for purposes
of CEQA, provided that the development either:
Meets the criteria for a CEQA exemption for a residential project located on an infill site
within an urbanized area under SB 1925 (Sher, 2002) pursuant to PRC Sections 21159.22,
21159.23, and 21159.24.
1.
Meets all the following criteria:
Located on site listed in jurisdiction’s housing element inventory OR located on a sitea.
2.
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that has been or will be rezoned pursuant to the housing element.
The development doesn’t contain more dwelling units than projected to be
accommodated on the affected sites from the housing element plus any density bonus
for which the development is eligible.
b.
The development complies with applicable, objective general plan and zoning
standards, including design standards (Note: this provision says when “the attached
housing development was determined to be complete” but I assume it means when the
application was complete.)
c.
The development is located in either:
An Urbanized Area, ori.
CDP with a population density of at least 5,000 per square mile, orii.
For a project with 50 or fewer units, within an incorporated city with a density of
at least 2,500/square mile and a population of at least 25,000, or
iii.
An infill site as defined in Section 21061.5 of the PRC (infill definition from SB
375)
iv.
d.
Other provisions include a requirement that at least 10% of units in the attached housing
development be affordable to very low income households, or at least 20% of the units be
affordable to lower income houses, or at least 50% of the units be affordable for moderate
income households for a period of at least 30 years.
CSAC would appreciate any initial comments or concerns counties may have with this legislative
proposal, which has yet to be introduced in bill form.
Recommendation(s)/Next Step(s):
CONSIDER the statewide issues of importance to counties and provide direction to staff.
Attachments
Attachment A: Governor's Initiative
Attachment B: By Right Housing Legislation
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THE PUBLIC SAFETY AND REHABILITATION ACT OF 2016
SECTION 1. Title.
This measure shall be known and may be cited as “The Public Safety and Rehabilitation Act of
2016.”
SEC. 2. Purpose and Intent.
In enacting this Act, it is the purpose and intent of the people of the State of California to:
1. Protect and enhance public safety.
2. Save money by reducing wasteful spending on prisons.
3. Prevent federal courts from indiscriminately releasing prisoners.
4. Stop the revolving door of crime by emphasizing rehabilitation, especially for juveniles.
5. Require a judge, not a prosecutor, to decide whether juveniles should be tried in adult
court.
SEC. 3. Section 32 is added to Article I of the California Constitution, to read:
SEC. 32. (a) The following provisions are hereby enacted to enhance public safety, improve
rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything
in this article or any other provision of law:
(1) Parole consideration: Any person convicted of a non-violent felony offense and sentenced to
state prison shall be eligible for parole consideration after completing the full term for his or her
primary offense.
(A) For purposes of this section only, the full term for the primary offense means the longest
term of imprisonment imposed by the court for any offense, excluding the imposition of an
enhancement, consecutive sentence, or alternative sentence.
(2) Credit Earning: The Department of Corrections and Rehabilitation shall have authority to
award credits earned for good behavior and approved rehabilitative or educational achievements.
(b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of
these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall
certify that these regulations protect and enhance public safety.
SEC. 4. Judicial Transfer Process.
Sections 602 and 707 of the Welfare and Institutions Code are hereby amended.
Section 602 of the Welfare and Institutions Code is amended to read:
602. (a) Except as provided in subdivision (b) Section 707, any person who is under 18 years of
age when he or she violates any law of this state or of the United States or any ordinance of any
city or county of this state defining crime other than an ordinance establishing a curfew based
Attachment A
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solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to
be a ward of the court.
(b) Any person who is alleged, when he or she was 14 years of age or older, to have committed
one of the following offenses shall be prosecuted under the general law in a court of criminal
jurisdiction:
(1) Murder, as described in Section 187 of the Penal Code, if one of the circumstances
enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor,
and the prosecutor alleges that the minor personally killed the victim.
(2) The following sex offenses, if the prosecutor alleges that the minor personally committed the
offense, and if the prosecutor alleges one of the circumstances enumerated in the One Strike law,
subdivision (d) or (e) of Section 667.61 of the Penal Code, applies:
(A) Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code.
(B) Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal
Code.
(C) Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal
Code.
(D) Forcible lewd and lascivious acts on a child under 14 years of age, as described in
subdivision (b) of Section 288 of the Penal Code.
(E) Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code.
(F) Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force,
violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or
another person.
(G) Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of
Section 288, unless the defendant qualifies for probation under subdivision (d) of Section
1203.066 of the Penal Code.
Section 707 of the Welfare and Institutions Code is amended to read:
707. (a)(1) In any case in which a minor is alleged to be a person described in subdivision (a) of
Section 602 by reason of the violation, when he or she was 16 years of age or older, of any
felony criminal statute, or ordinance except those listed in subdivision (b), or of an offense listed
in subdivision (b) when he or she was 14 or 15 years of age, the District Attorney or other
appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a
court of criminal jurisdiction. upon The motion of the petitioner must be made prior to the
attachment of jeopardy. Upon such motion, the juvenile court shall cause order the probation
officer to investigate and submit a report on the behavioral patterns and social history of the
minor. being considered for a determination of unfitness. The report shall include any written or
oral statement offered by the victim pursuant to Section 656.2.
Attachment A
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(2) Following submission and consideration of the report, and of any other relevant evidence that
the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor
should be transferred to a court of criminal jurisdiction. In making its decision, the court shall
consider the criteria specified in subparagraphs (A) to (E) below. If the court orders a transfer of
jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes.
In any case in which a hearing has been noticed pursuant to this section, the court shall postpone
the taking of a plea to the petition until the conclusion of the transfer hearing, and no plea that
may have been entered already shall constitute evidence at the hearing. may find that the minor
is not a fit and proper subject to be dealt with under the juvenile court law if it concludes that the
minor would not be amenable to the care, treatment, and training program available through the
facilities of the juvenile court, based upon an evaluation of the criteria specified in clause (i) of
subparagraphs (A) to (E), inclusive:
(A)(i) The degree of criminal sophistication exhibited by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual capacity,
and physical, mental, and emotional health at the time of the alleged offense, the minor’s
impetuosity or failure to appreciate risks and consequences of criminal behavior, the effect of
familial, adult, or peer pressure on the minor’s actions, and the effect of the minor’s family and
community environment and childhood trauma on the minor’s criminal sophistication.
(B)(i) Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s
jurisdiction.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including, but not limited to, the minor’s potential to grow and mature.
(C)(i) The minor’s previous delinquent history.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including, but not limited to, the seriousness of the minor’s previous
delinquent history and the effect of the minor’s family and community environment and
childhood trauma on the minor’s previous delinquent behavior.
(D)(i) Success of previous attempts by the juvenile court to rehabilitate the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including, but not limited to, the adequacy of the services previously
provided to address the minor’s needs.
(E)(i) The circumstances and gravity of the offense alleged in the petition to have been
committed by the minor.
(ii) When evaluating the criterion specified in clause (i), the juvenile court may give weight to
any relevant factor, including but not limited to, the actual behavior of the person, the mental
state of the person, the person’s degree of involvement in the crime, the level of harm actually
caused by the person, and the person’s mental and emotional development.
Attachment A
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A determination that the minor is not a fit and proper subject to be dealt with under the juvenile
court law may be based on any one or a combination of the factors set forth above in clause (i) of
subparagraphs (A) to (E), inclusive, which shall be recited in the order of unfitness. In any case
in which a hearing has been noticed pursuant to this section, the court shall postpone the taking
of a plea to the petition until the conclusion of the fitness hearing, and no plea that may have
been entered already shall constitute evidence at the hearing.
(2)(A) This paragraph shall apply to a minor alleged to be a person described in Section 602 by
reason of the violation, when he or she has attained 16 years of age, of any felony offense when
the minor has been declared to be a ward of the court pursuant to Section 602 on one or more
prior occasions if both of the following apply:
(i) The minor has previously been found to have committed two or more felony offenses.
(ii) The offenses upon which the prior petition or petitions were based were committed when the
minor had attained 14 years of age.
(B) Upon motion of the petitioner made prior to the attachment of jeopardy the court shall cause
the probation officer to investigate and submit a report on the behavioral patterns and social
history of the minor being considered for a determination of unfitness. Following submission and
consideration of the report, and of any other relevant evidence that the petitioner or the minor
may wish to submit, the minor shall be presumed to be not a fit and proper subject to be dealt
with under the juvenile court law unless the juvenile court concludes, based upon evidence,
which evidence may be of extenuating or mitigating circumstances, that the minor would be
amenable to the care, treatment, and training program available through the facilities of the
juvenile court based upon an evaluation of the criteria specified in subclause (I) of clauses (i) to
(v), inclusive:
(i)(I) The degree of criminal sophistication exhibited by the minor.
(II) When evaluating the criterion specified in subclause (I), the juvenile court may give weight
to any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual
capacity, and physical, mental, and emotional health at the time of the alleged offense, the
minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior, the
effect of familial, adult, or peer pressure on the minor’s actions, and the effect of the minor’s
family and community environment and childhood trauma on the minor’s criminal
sophistication.
(ii)(I) Whether the minor can be rehabilitated prior to the expiration of the juvenile court's
jurisdiction.
(II) When evaluating the criterion specified in subclause (I), the juvenile court may give weight
to any relevant factor, including, but not limited to, the minor’s potential to grow and mature.
(iii)(I) The minor’s previous delinquent history.
(II) When evaluating the criterion specified in subclause (I), the juvenile court may give weight
to any relevant factor, including, but not limited to, the seriousness of the minor’s previous
Attachment A
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delinquent history and the effect of the minor’s family and community environment and
childhood trauma on the minor’s previous delinquent behavior.
(iv)(I) Success of previous attempts by the juvenile court to rehabilitate the minor.
(II) When evaluating the criterion specified in subclause (I), the juvenile court may give weight
to any relevant factor, including, but not limited to, the adequacy of the services previously
provided to address the minor’s needs.
(v)(I) The circumstances and gravity of the offense alleged in the petition to have been
committed by the minor.
(II) When evaluating the criterion specified in subclause (I), the juvenile court may give weight
to any relevant factor, including, but not limited to, the actual behavior of the person, the mental
state of the person, the person’s degree of involvement in the crime, the level of harm actually
caused by the person, and the person’s mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court
law shall be based on a finding of amenability after consideration of the criteria set forth in
subclause (I) of clauses (i) to (v), inclusive, and findings therefore recited in the order as to each
of the those criteria that the minor is fit and proper under each and every one of those criteria. In
making a finding of fitness, the court may consider extenuating and mitigating circumstances in
evaluating each of those criteria. In any case in which the hearing has been noticed pursuant to
this section, the court shall postpone the taking of a plea to the petition until the conclusion of the
fitness hearing and no plea that may have been entered already shall constitute evidence at the
hearing. If the minor is found to be a fit and proper subject to be dealt with under the juvenile
court law pursuant to this subdivision, the minor shall be committed to placement in a juvenile
hall, ranch camp, forestry camp, boot camp, or secure juvenile home pursuant to Section 730, or
in any institution operated by the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities.
(3) If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for
juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the
trier of fact, the judge may commit the minor to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison,
unless the limitations specified in Section 1732.6 apply.
(b) Subdivision (c) (a) shall be applicable in any case in which a minor is alleged to be a person
described in Section 602 by reason of the violation of one of the following offenses when he or
she was 14 or 15 years of age:
(1) Murder.
(2) Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3) Robbery.
(4) Rape with force, violence, or threat of great bodily harm.
Attachment A
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(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8) An offense specified in subdivision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purposes of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great bodily injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) An offense described in Section 1203.09 of the Penal Code.
(17) An offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18) A felony offense in which the minor personally used a weapon described in any provision
listed in Section 16590 of the Penal Code.
(19) A felony offense described in Section 136.1 or 137 of the Penal Code.
(20) Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a
controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which
also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22) Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or
forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally
inflicted upon an employee of the juvenile facility during the commission of the escape.
(23) Torture as described in Sections 206 and 206.1 of the Penal Code.
(24) Aggravated mayhem, as described in Section 205 of the Penal Code.
(25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or
deadly weapon.
Attachment A
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(26) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209
of the Penal Code.
(27) Kidnapping as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 26100 of the Penal Code.
(29) The offense described in Section 18745 of the Penal Code.
(30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
(c) With regard to a minor alleged to be a person described in Section 602 by reason of the
violation, when he or she was 14 years of age or older, of any of the offenses listed in
subdivision (b), upon motion of the petitioner made prior to the attachment of jeopardy the court
shall cause the probation officer to investigate and submit a report on the behavioral patterns and
social history of the minor being considered for a determination of unfitness. Following
submission and consideration of the report, and of any other relevant evidence that the petitioner
or the minor may wish to submit, the minor shall be presumed to be not a fit and proper subject
to be dealt with under the juvenile court law unless the juvenile court concludes, based upon
evidence, which evidence may be of extenuating or mitigating circumstances, that the minor
would be amenable to the care, treatment, and training program available through the facilities of
the juvenile court based upon an evaluation of each of the following criteria specified in
subparagraph (A) of paragraphs (1) to (5), inclusive:
(1)(A) The degree of criminal sophistication exhibited by the minor.
(B) When evaluating the criterion specified in subparagraph (A), the juvenile court may give
weight to any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual
capacity, and physical, mental, and emotional health at the time of the alleged offense, the
minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior, the
effect of familial, adult, or peer pressure on the minor’s actions, and the effect of the minor’s
family and community environment and childhood trauma on the minor’s criminal
sophistication.
(2)(A) Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s
jurisdiction.
(B) When evaluating the criterion specified in subparagraph (A), the juvenile court may give
weight to any relevant factor, including, but not limited to, the minor’s potential to grow and
mature.
(3)(A) The minor’s previous delinquent history.
(B) When evaluating the criterion specified in subparagraph (A), the juvenile court may give
weight to any relevant factor, including, but not limited to, the seriousness of the minor’s
previous delinquent history and the effect of the minor’s family and community environment and
childhood trauma on the minor’s previous delinquent behavior.
Attachment A
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(4)(A) Success of previous attempts by the juvenile court to rehabilitate the minor.
(B) When evaluating the criterion specified in subparagraph (A), the juvenile court may give
weight to any relevant factor, including, but not limited to, the adequacy of the services
previously provided to address the minor’s needs.
(5)(A) The circumstances and gravity of the offenses alleged in the petition to have been
committed by the minor.
(B) When evaluating the criterion specified in subparagraph (A), the juvenile court may give
weight to any relevant factor, including, but not limited to, the actual behavior of the person, the
mental state of the person, the person’s degree of involvement in the crime, the level of harm
actually caused by the person, and the person’s mental and emotional development.
A determination that the minor is a fit and proper subject to be dealt with under the juvenile court
law shall be based on a finding of amenability after consideration of the criteria set forth in
subparagraph (A) of paragraphs (1) to (5), inclusive, and findings therefore recited in the order as
to each of those criteria that the minor is fit and proper under each and every one of those
criteria. In making a finding of fitness, the court may consider extenuating or mitigating
circumstances in evaluating each of those criteria. In any case in which a hearing has been
noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until
the conclusion of the fitness hearing and no plea which may have been entered already shall
constitute evidence at the hearing. If, pursuant to this subdivision, the minor is found to be not a
fit and proper subject for juvenile court treatment and is tried in a court of criminal jurisdiction
and found guilty by the trier of fact, the judge may commit the minor to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to
the state prison, unless the limitations specified in Section 1732.6 apply.
(d) (1) Except as provided in subdivision (b) of Section 602, the district attorney or other
appropriate prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction
against any minor 16 years of age or older who is accused of committing an offense enumerated
in subdivision (b).
(2) Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate
prosecuting officer may file an accusatory pleading against a minor 14 years of age or older in a
court of criminal jurisdiction in any case in which any one or more of the following
circumstances apply:
(A) The minor is alleged to have committed an offense that if committed by an adult would be
punishable by death or imprisonment in the state prison for life.
(B) The minor is alleged to have personally used a firearm during the commission or attempted
commission of a felony, as described in Section 12022.5 or 12022.53 of the Penal Code.
(C) The minor is alleged to have committed an offense listed in subdivision (b) in which any one
or more of the following circumstances apply:
Attachment A
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Amdt. #1
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(i) The minor has previously been found to be a person described in Section 602 by reason of the
commission of an offense listed in subdivision (b).
(ii) The offense was committed for the benefit of, at the direction of, or in association with any
criminal street gang, as defined in subdivision (f) of Section 186.22 of the Penal Code, with the
specific intent to promote, further, or assist in criminal conduct by gang members.
(iii) The offense was committed for the purpose of intimidating or interfering with any other
person's free exercise or enjoyment of a right secured to him or her by the Constitution or laws of
this state or by the Constitution or laws of the United States and because of the other person's
race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because
the minor perceives that the other person has one or more of those characteristics, as described in
Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(iv) The victim of the offense was 65 years of age or older, or blind, deaf, quadriplegic,
paraplegic, developmentally disabled, or confined to a wheelchair, and that disability was known
or reasonably should have been known to the minor at the time of the commission of the offense.
(3) Except as provided in subdivision (b) of Section 602, the district attorney or other appropriate
prosecuting officer may file an accusatory pleading in a court of criminal jurisdiction against any
minor 16 years of age or older who is accused of committing one or more of the following
offenses, if the minor has previously been found to be a person described in Section 602 by
reason of the violation of a felony offense, when he or she was 14 years of age or older:
(A) A felony offense in which it is alleged that the victim of the offense was 65 years of age or
older, or blind, deaf, quadriplegic, paraplegic, developmentally disabled, or confined to a
wheelchair, and that disability was known or reasonably should have been known to the minor at
the time of the commission of the offense.
(B) A felony offense committed for the purposes of intimidating or interfering with any other
person's free exercise or enjoyment of a right secured to him or her by the Constitution or laws of
this state or by the Constitution or laws of the United States and because of the other person's
race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because
the minor perceived that the other person had one or more of those characteristics, as described
in Title 11.6 (commencing with Section 422.55) of Part 1 of the Penal Code.
(C) The offense was committed for the benefit of, at the direction of, or in association with any
criminal street gang as prohibited by Section 186.22 of the Penal Code.
(4) In any case in which the district attorney or other appropriate prosecuting officer has filed an
accusatory pleading against a minor in a court of criminal jurisdiction pursuant to this
subdivision, the case shall then proceed according to the laws applicable to a criminal case. In
conjunction with the preliminary hearing as provided in Section 738 of the Penal Code, the
magistrate shall make a finding that reasonable cause exists to believe that the minor comes
within this subdivision. If reasonable cause is not established, the criminal court shall transfer the
case to the juvenile court having jurisdiction over the matter.
Attachment A
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(5) For an offense for which the prosecutor may file the accusatory pleading in a court of
criminal jurisdiction pursuant to this subdivision, but elects instead to file a petition in the
juvenile court, if the minor is subsequently found to be a person described in subdivision (a) of
Section 602, the minor shall be committed to placement in a juvenile hall, ranch camp, forestry
camp, boot camp, or secure juvenile home pursuant to Section 730, or in any institution operated
by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(6) If, pursuant to this subdivision, the minor is found to be not a fit and proper subject for
juvenile court treatment and is tried in a court of criminal jurisdiction and found guilty by the
trier of fact, the judge may commit the minor to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, in lieu of sentencing the minor to the state prison,
unless the limitations specified in Section 1732.6 apply.
(e) A report submitted by a probation officer pursuant to this section regarding the behavioral
patterns and social history of the minor being considered for a determination of unfitness shall
include any written or oral statement offered by the victim, the victim's parent or guardian if the
victim is a minor, or if the victim has died, the victim's next of kin, as authorized by subdivision
(b) of Section 656.2. Victims' statements shall be considered by the court to the extent they are
relevant to the court's determination of unfitness.
SEC. 5. Amendment.
This Act shall be broadly construed to accomplish its purposes. The provisions of Section 4 of
this measure may be amended so long as such amendments are consistent with and further the
intent of this Act by a statute that is passed by a majority vote of the members of each house of
the Legislature and signed by the Governor.
SEC. 6. Severability.
If any provision of this measure, or part of this measure, or the application of any provision or
part to any person or circumstances, is for any reason held to be invalid, the remaining
provisions, or applications of provisions, shall not be affected, but shall remain in full force and
effect, and to this end the provisions of this measure are severable.
SEC. 7. Conflicting Initiatives.
(a) In the event that this measure and another measure addressing credits and parole eligibility
for state prisoners or adult court prosecution for juvenile defendants shall appear on the same
statewide ballot, the provisions of the other measure or measures shall be deemed to be in
conflict with this measure. In the event that this measure receives a greater number of
affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure
shall prevail in their entirety, and the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure
approved by voters at the same election, and the conflicting ballot measure is later held invalid,
this measure shall be self-executing and given full force and effect.
Attachment A
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SEC. 8. Proponent Standing.
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 their 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 any trial court, on appeal,
or on discretionary review by the Supreme Court of California and/or the Supreme Court of the
United States. The reasonable fees and costs of defending the action shall be a charge on funds
appropriated to the Department of Justice, which shall be satisfied promptly.
SEC. 9. Liberal Construction.
This Act shall be liberally construed to effectuate its purposes.
Attachment A
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990052\1\1827611.1
1/12/2016
65589.4.
(a) An attached housing development shall be a permitted “use by right,” as
defined in subdivision (i) of Section 65583.2, not subject to a conditional use permit
on any parcel zoned for an attached housing development if local law so provides or
if it satisfies the requirements of subdivision (b) and either of the following:
(1) The attached housing development satisfies the criteria of Section 21159.22,
21159.23, or 21159.24 of the Public Resources Code.
(2) The attached housing development meets all of the following criteria:
(A) The attached housing development is either: subject to a discretionary decision
other than a conditional use permit and a negative declaration or mitigated
negative declaration has been adopted for the attached housing development under
the California Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code). If no public hearing is held with respect to
the discretionary decision, then the negative declaration or mitigated negative
declaration for the attached housing development may be adopted only after a
public hearing to receive comments on the negative declaration or mitigated
negative declaration.
(i) Located on a site which is identified in the local jurisdiction’s housing element
inventory described in paragraph (3) of subdivision (a) of Section 65583; or
(ii) Located on a site that has been or will be rezoned pursuant to the local
jurisdiction’s housing element program described in paragraph (1) of subdivision (c)
of Section 65583, and either the rezoning has been completed, or three years has
passed after the date that the jurisdiction’s housing element was adopted.
(B) The attached housing development is consistent with both the jurisdiction’s
zoning ordinance and general plan as it existed on the date the application was
deemed complete, except that an attached housing development shall not be
deemed to be inconsistent with the zoning designation for the site if that zoning
designation is inconsistent with the general plan only because the attached housing
development site has not been rezoned to conform with the most recent adopted
general plan.does not contain more dwelling units than were projected by the
jurisdiction to be accommodated on the sites described in subparagraph (A) of
paragraph (2) of subdivision (a) of this section and any density bonus for which the
development is eligible under Section 65915.
(C) The attached housing development complies with applicable, objective general
plan and zoning standards and criteria, including design standards, in effect when
the attached housing development was determined to be complete.
(C) The attached housing development is located in an area that is covered by one
of the following documents that has been adopted by the jurisdiction within five
years of the date the application for the attached housing development was deemed
complete:
(i) A general plan.
(ii) A revision or update to the general plan that includes at least the land use and
circulation elements.
Attachment B
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990052\1\1827611.1
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(iii) An applicable community plan.
(iv) An applicable specific plan.
(D) The attached housing development consists of not more than 100 residential
units with a minimum density of not less than 12 units per acre or a minimum
density of not less than eight units per acre if the attached housing development
consists of four or fewer units.
(DE) The attached housing development is either:
(i) Llocated in an urbanized area as defined in Section 21071 of the Public
Resources Code or within a census-defined place with a population density of at
least 5,000 persons per square mile or, if the attached housing development
consists of 50 or fewer units, within an incorporated city with a population density
of at least 2,500 persons per square mile and a total population of at least 25,000
persons; or.
(iiF) The attached housing development is lLocated on an infill site as defined in
Section 21061.0.5 of the Public Resources Code.
(b) At least 10 percent of the units of the attached housing development shall be
available at affordable housing cost to very low income households, as defined in
Section 50105 of the Health and Safety Code, or at least 20 percent of the units of
the attached housing development shall be available at affordable housing cost to
lower income households, as defined in Section 50079.5 of the Health and Safety
Code, or at least 50 percent of the units of the attached housing development
available at affordable housing cost to moderate-income households, consistent
with Section 50052.5 of the Health and Safety Code. The local jurisdiction shall
require the developer of the attached housing development shall to provide
sufficient legal commitments to the local agency to ensure the continued availability
and use of the housing units for very low, low-, or moderate-income households for
a period of at least 30 years.
(c) Nothing in this section shall prohibit a local agency from applying design and
site review standards in existence on the date the application was deemed
complete.
(cd) The provisions of this section are independent of any obligation of a jurisdiction
pursuant to subdivision (c) of Section 65583 to identify multifamily sites
developable by right.
(de) This section does not apply to the issuance of coastal development permits
pursuant to the California Coastal Act (Division 20 (commencing with Section
30000) of the Public Resources Code).
(ef) This section does not relieve a public agency from complying with the California
Environmental Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) or relieve an applicant or public agency from complying
with the Subdivision Map Act (Division 2 (commencing with Section 6641073)).
(fg) This section is applicable to all cities and counties, including charter cities,
because the Legislature finds that the lack of affordable housing is of vital statewide
importance, and thus a matter of statewide concern.
Attachment B
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(gh) For purposes of this section, “attached housing development” means a newly
constructed or substantially rehabilitated structure containing two or more dwelling
units and consisting only of residential units, but does not include a second unit, as
defined by paragraph (4) of subdivision (h) of Section 65852.2, or the conversion of
an existing structure to condominiums.
Attachment B
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LEGISLATION COMMITTEE 8.
Meeting Date:02/08/2016
Subject:Request from NACo Regarding Criminal Justice Reform Legislation
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-06
Referral Name: Request from NACo Regarding Criminal Justice Reform Legislation
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
The National Association of Counties (NACo) recently sent information to its public safety
committees regarding two pending criminal justice reform bills – the Sentencing Reform and
Corrections Act (S. 2123) and the Second Chance Reauthorization Act (S. 1513). Attached is the
legislation for reference.
CSAC is not taking an active position on these measures but wanted to share the information with
Supervisors.
Contra Costa County's adopted 2016 Federal Platform includes a policy position in support of the
Second Chance Act:
Second Chance Act – The County will support funding for the Second Chance Act, which helps
counties address the growing population of individuals returning from prisons and jails. Despite
massive increases in corrections spending in states and jails nationwide, recidivism rates remain
high: half of all individuals released from state prison are re-incarcerated within three years. Here
in California, unfortunately, the recidivism rate is even higher. Yet there is reason for hope:
research shows that when individuals returning from prison or jail have access to key treatments,
education, and housing services, recidivism rates go down and the families and communities they
return to are stronger and safer.
The Second Chance Act ensures that the tax dollars on corrections are better spent, and provides a
much-needed response to the "revolving door" of people entering and leaving prison and jail.
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Referral Update:
Despite the gridlock that has seemingly become a new norm in Congress, lawmakers are
apparently reaching across the aisle to advance major criminal justice reform legislation in both
the U.S. Senate and U.S. House of Representatives. Given counties’ tremendous role in America’s
criminal justice system, NACo is closely monitoring these reform measures and working with
Congressional staffers and federal officials to ensure that the interests of county governments are
fully represented as criminal justice legislation moves through Congress.
Currently, two major pieces of legislation – the Sentencing Reform and Corrections Act (S. 2123)
and the Second Chance Reauthorization Act (S. 1513/H.R. 3046) – that support county criminal
justice priorities and policies are gathering momentum in Congress. (The Sentencing Reform and
Corrections Act, S. 2123 is 286 pages and not attached here. See
https://www.congress.gov/bill/114th-congress/senate-bill/2123/text for a copy of the text of the
bill.)
NACo has drafted a letter in support of these measures. (See Attachment A.)
Below is a brief summary of each measure.
S 2123 - Sentencing Reform and Corrections Act
· Permits a court to reduce the mandatory minimum prison term imposed on certain non-violent
defendants convicted of a high-level first-time or low-level repeat drug offense.
· Expands safety valve eligibility to permit a court to impose a sentence below the mandatory
minimum for certain non-violent, cooperative drug defendants with a limited criminal history.
· Reduces the enhanced mandatory minimum prison term for certain defendants who commit a
high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior
conviction for such offense, or unlawfully possess a firearm after three or more prior convictions.
· Makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack
cocaine offender sentenced before August 3, 2010.
· Creates new mandatory minimum prison terms for: (1) interstate domestic violence that results
in a victim's death, and (2) providing goods and services to terrorists, to any person to develop
weapons of mass destruction, or to a country subject to an arms embargo.
· Requires the Bureau of Prisons (BOP) to make available appropriate recidivism reduction
programming and productive activities to all eligible prisoners.
· Requires presentence investigation reports to contain certain information such as substance
abuse history, military service, and veteran status.
· Directs the BOP to issue pepper spray to its officers and employees.
· Makes permanent the pilot program to release nonviolent elderly offenders from prison facilities
to home detention and expands eligibility for such release.
· Courts must automatically seal and expunge certain records of juvenile nonviolent offenses. It
prohibits juvenile solitary confinement, except in limited circumstances.
S 1513 - Second Chance Reauthorization Act
· Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and expand
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· Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and expand
requirements for the DOJ grant program for adult and juvenile offender state and local reentry
demonstration projects, including for planning and implementation and for promotion of
employment opportunities, and to extend the program through FY2020. Sets forth criteria and
priority considerations for DOJ to use in awarding grants.
· Amends the Second Chance Act of 2007 to extend through FY2020 the authorization of
appropriations for grants for: (1) family-based substance abuse treatment, (2) the careers training
demonstration program, and (3) the offender reentry substance abuse and criminal justice
collaboration program.
· Requires DOJ to conduct annual audits of grant recipients under the Second Chance Act to
prevent waste, fraud, and abuse of grant funds. Prohibits nonprofit organizations that hold money
in offshore accounts from receiving grant funds.
· Amends the Second Chance Act to: (1) modify and extend through FY2020 grant programs for
reentry of federal prisoners into the community, including the program for placing aging offenders
in home detention and for offender reentry research; (2) repeal programs under the Act relating to
responsible reintegration of offenders, the study of the effectiveness of Depot Naltrexone for
heroin addiction, and the satellite tracking and reentry training program; and (3) establish a
program for partnering faith-based or community-based nonprofit organizations with prisons to
conduct recidivism reduction activities.
· Directs DOJ to coordinate on federal programs, policies, and activities relating to the reentry of
individuals returning from incarceration to the community, with an emphasis on evidence-based
practices and protection against duplication of services.
Recommendation(s)/Next Step(s):
NACo has provided the letter to Congress here:
http://www.naco.org/sites/default/files/attachments/NACo%20S.%202123%20Letter%201.20.16.pdf.
If Supervisors are interested in signing on, they can fill out the form here: http://www.naco.org/naco-letter-support-sentencing-reform-and-corrections-act-and-second-chance-act.
http://www.naco.org/naco-letter-support-sentencing-reform-and-corrections-act-and-second-chance-act.
Attachments
Attachment A: NACo Letter of Support
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January 20, 2016
Dear Members of the U.S. Senate and U.S. House of Representatives,
On behalf of the National Association of Counties (NACo), the only national organization that represents
America’s 3,069 county governments, we write to express support for S. 2123, the Sentencing Reform
and Corrections Act. Counties play a major role in our nation’s criminal justice system, as we own 91
percent of American jails – which collectively house one-third of all incarcerated individuals in the
country – and invest $70 billion in criminal justice each year. Counties know firsthand the importance of
reforming the criminal justice system, and we commend bipartisan efforts, like S. 2123, that aim to
achieve these reforms.
NACo supports measures that aim to reduce sentencing disparity, eliminate unnecessary confinement,
establish more rational and appropriate sentencing policies and lead to better management of limited
correctional resources. We also support provisions in S. 2123 that would promote the expungement of
certain juvenile offenses, prohibit juvenile solitary confinement except in limited circumstances, and
increase the instances in which juveniles are eligible for parole. Further, we support pre-release reentry
programs featured in S. 2123 that would help incarcerated individuals prepare to reintegrate back into
society. These individuals return to their communities with complex health, education, housing and
other needs, which, if not addressed, can increase their likelihood of returning to jail or prison. Reentry
programs are integral to their successful reintegration into the community.
Of course, reentry programs are pivotal to formerly incarcerated individuals not only prior to their
release from correctional facilities, but even more so after these individuals return to their communities.
With this in mind, we hope that you will give consideration and support to the Second Chance
Reauthorization Act (S. 1513/H.R. 3406), which would reauthorize and improve Second Chance Act
programs that provide resources to states, local governments and nonprofit organizations to improve
outcomes for individuals returning to communities. Specifically, the program improves the coordination
of reentry services and policies at the state, tribal and local levels and funds demonstration grants,
reentry courts, family-centered programs, mental health and addiction treatment and employment and
mentoring services.
America’s counties stand ready to work with Congress to achieve needed reforms to our nation’s
criminal justice system that will benefit communities across the nation. We commend you for your work
on the Sentencing Reform Act and the Second Chance Reauthorization Act and look forward to working
with you to advance these measures.
Sincerely,
Attachment A
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