HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 06062016 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
June 13, 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. APPROVE the Record of Action from the May 9, 2016 meeting with any necessary
corrections.
4. CONSIDER recommending to the Board of Supervisors a position on the
Governor's Affordable Housing By-Right Proposal or providing direction to staff
on input on the proposal to be communicated with the California State Association
of Counties (CSAC).
5. CONSIDER recommending to the Board of Supervisors a position of "Support" on
AB 2263 (Baker): Protect Victims and Reproductive Health Care Providers, a bill
that standardizes the confidentiality protections for Safe at Home (SAH) program
participants.
6. CONSIDER providing direction to staff on positions for Board of Supervisors'
consideration regarding various ballot initiatives in development for the November
2016 election.
7. ACCEPT the report on the State Budget, Federal Issues, and bills of interest to the
County, and provide direction to staff, as needed.
8.The next meeting is currently scheduled for July 11, 2016.
9.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:06/13/2016
Subject:Record of Action
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-20
Referral Name: Record of Action
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
County Ordinance requires that each County body keep a record of its meetings. Though the
record need not be verbatim, it must accurately reflect the agenda and the decisions made in the
meeting. Any handouts or printed copies of testimony distributed at the meeting will be attached
to this meeting record.
Referral Update:
Attached for the Committee's consideration is the Record of Action for its May 9, 2016 meeting.
Recommendation(s)/Next Step(s):
APPROVE the Record of Action from the May 9, 2016 meeting with any necessary corrections.
Attachments
Attachment A: Record of Action - May 9, 2016
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LEGISLATION COMMITTEE
RECORD OF ACTION
May 9, 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
Present: Federal D. Glover, Chair
Karen Mitchoff, Vice Chair
Staff Present:Lara DeLaney, Senior Deputy County Administrator
Allison Picard, Chief Assistant County Administrator
Eric Angstadt, Chief Assistant County Administrator
Susan Jeong, Employment & Human Services
Steve Kowalewski, Public Works
Vana Tran, Senior Management Analyst, County Administrator's Office
Attendees: Cathy Christian, Nielsen Merksamer (by phone)
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
No public comment was given.
3.APPROVE the Record of Action from the March 14, 2016 meeting with any necessary
corrections.
The Committee accepted the Record as presented.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
4.CONSIDER recommending to the Board of Supervisors a position of "Support" on AB
2642 (E. Garcia): Removing Barriers to Employment Act: Initiative, as recommended
by the Stephen Baiter, Executive Director of the Workforce Development Board.
The Committee voted unanimously to recommend adopting a Support position on
AB 2642 to the Board of Supervisors. The Committee recommended this be placed
on the Consent calendar.
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AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
5.CONSIDER recommending to the Board of Supervisors a position on AB 2466
(Weber): Voting: Felons.
The Committee voted unanimously to place AB 2466 on the Board of Supervisors’
meeting agenda for discussion with no recommendation from the Committee.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
6.CONSIDER recommending to the Board of Supervisors a position of "Support" on AB 2128
(Achadjian): Marriage, as recommended by the Clerk-Recorder.
The Committee voted unanimously to recommend adopting a Support position on
AB 2128 to the Board of Supervisors. The Committee recommended this be placed
on the Consent calendar.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
7.CONSIDER recommending to the Board of Supervisors a position on SB 941
(Mitchell): Juveniles, as recommended by the County Administrator.
The Committee voted unanimously to recommend adopting an Oppose position on
SB 941 to the Board of Supervisors. The Committee recommended this be placed
on the discussion calendar.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
8.CONSIDER recommending to the Board of Supervisors a position of "Oppose" on SB
1170 (Wieckowski) Public Contracts: Water Pollution Prevention Plans, as
recommended by the Public Works Director.
The Committee voted unanimously to recommend adopting an Oppose position on
SB 1170 to the Board of Supervisors. The Committee recommended this be placed
on the consent calendar.
AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
9.ACCEPT the reports on the state bills of interest to Contra Costa County and the
federal issues update, and provide direction to staff as needed.
The Committee accepted the report and provided no further direction to staff.
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AYE: Chair Federal D. Glover, Vice Chair Karen Mitchoff
Passed
10.The next meeting is currently scheduled for June 13, 2016.
11.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities planning to attend Legislation Committee
meetings. Contact the staff person listed below at least 72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of
members of the Legislation Committee less than 96 hours prior to that meeting are available for public inspection at 651 Pine Street, 10th
floor, during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
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LEGISLATION COMMITTEE 4.
Meeting Date:06/13/2016
Subject:Governor's Affordable Housing By-Right Proposal
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-11
Referral Name: Governor's Affordable Housing By-Right Proposal
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
This issue was brought to the Legislation Committee in February 2016 as an information item
only. Since its introduction, the proposal has been more developed by the Governor in his May
Revise, and budget trailer bill language has been developed. The League of California Cities is
opposed to the proposal. The Contra Costa County Mayors' Conference has expressed their
opposition to the proposal as well (Attachment D).
Referral Update:
The May Revise outlined $3.2 billion in existing state and federal funding for various affordable
housing and homelessness programs, and lists several recently enacted bills that assist local
governments in providing affordable housing. These measures include the revised infrastructure
finance district legislation and alternatives to CEQA review for transit oriented development
projects. The Governor also points to a pending report from Housing & Community Development
scheduled for release this summer that the Administration intends to use to explore new
approaches for addressing affordable housing needs.
The Governor supports several policy additions to the budget aimed at easing the approval
process and reducing development costs of housing projects. The Administration included budget
trailer bill language in the May Revision to include a “By Right” standard for housing projects
that meet specified requirements. The following summarizes the conditions a project must meet to
be granted a permit by right:
The development applicant or development proponent has submitted to the local government
its intent to utilize this authority, and certifying under penalty of perjury that, to the best of
its knowledge and belief, it conforms with all other provisions identified.
The development is consistent with objective general plan and zoning standards in effect at
the time that the subject development is submitted to the local government pursuant to this
section.
The development is located on a site that is either immediately adjacent to parcels that are
developed with urban uses or at least 75 percent of the perimeter of the site adjoins parcels
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that are developed with urban uses.
The development must be an attached housing development, for which the development
applicant or development proponent already has recorded, or is required by law to record, a
land-use restriction meeting a specified number of affordable units.
Attached for your review and feedback is a Discussion Draft of Amendments to the Governor’s
Affordable Housing By-Right Proposal that CSAC staff propose to pursue during budget
negotiations. (Attachment A)
In order to be able to negotiate on these amendments CSAC will likely need to take a position
such as “support in concept”, “support if amended” or “oppose unless amended”. For purposes of
providing feedback on the Discussion Draft, we are encouraged to consider whether these
amendments would be enough for our county to “support if amended”. This is not the CSAC staff
recommendation at this time, but just a potential position from which to evaluate the proposed
amendments.
In direct response to concerns over loss of discretion, CSAC has proposed amendments that
would provide $100 million for a competitive grant program for counties and cities for General
Plan, Housing Element, and Zoning Code updates. The Governor’s By-Right Proposal assumes
that the General Plan, Housing Element, and Zoning Code update processes provide robust
environmental review and public participation opportunities for community input into future
affordable housing decisions. CSAC staff agrees that these planning processes do provide
environmental review and public participation opportunities but many local plans, particularly
General Plans have not been updated in a long time. As such, in order for plan level
environmental review and public input to be meaningful in the context of future project level
decisions, these documents need to be updated to reflect the communities current and future
priorities and planned growth forecast/patterns.
CSAC is seeking feedback on any and all aspects of the Discussion Draft and has asked a number
of specific questions and provided alternative amendments in the margins of the document. If
there are additional amendments our county wants that staff has not identified, we are encouraged
to share them. CSAC staff has requested a meeting with HCD to discuss in specific detail the
proposal and will endeavor to answer any questions about how the By-Right Proposal would
work in counties.
Contra Costa County staff has reviewed the proposal and offers their observations in Attachment
B.
The current version of the budget trailer bill language is Attachment C. It is not clear to staff as to
the timeframe for finalizing this language. Staff understands there is a desire by some in the
Legislature to conclude this issue by the June 15, 2016 adoption of the budget by the Legislature.
Others contend that it may take longer to resolve, with budget trailer bill language possibly being
finalized in August.
Recommendation(s)/Next Step(s):
Attachments
Attachment A
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Attachment B
Attachment C
Attachment D
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CSAC Amendments to Governor’s By-Right Housing Development Proposal
Amendments
1. Remove language giving the Department of Housing and Community Development (HCD)
unprecedented authority to determine areas inappropriate for affordable housing develop and
the authority to develop regulations with objective criteria for making these determinations, but
not actually requiring HCD to adopt regulations in order to object to local land use and zoning
decisions.
2. Increase timeframes for various local government responses/approvals.
a. Increase the timeline from 90 to 120-days for a local government to complete design
review.
b. Local governments should have 90-days, not 30-days as currently proposed, to respond
to the project proponent as to whether the development application meets the
objective planning standards, including a written explanation as to why it is inconsistent
with one or more standards. Retain the “deemed consistent” remedy if the local agency
fails to respond in 90-days.
c. The 90-day clock should begin after the project proponent has submitted a complete
application. The project proponent should also be required to indicate its intent to use
the by-right provisions at the time of a complete application.
3. Narrow the scope in which the by-right approval applies to ensure projects are truly infill. As
currently drafted, the term “urban uses” is too broad and includes any residential or non-
residential uses at any density. CSAC supports the existing definition of urbanized areas within
existing by-right statute (Government Code §65584.9) which reads:
Urbanized area defined in Section 21071 of the Public Resources Code or within a census
designated place with a population density of at least 5,000 persons per square mile or,
if the attached housing development consists of 50 of fewer units, within an
incorporated city with a population density of 2,500 persons per square mile and a total
population of at least 25,000 persons.
4. Increase the required land use restrictions from 30 years to 55 years to be consistent with
federal requirements since many affordable housing projects are funded at least in part by
federal resources.
5. Ensure that the Coastal Act still applies to sites that are in the coastal zone but otherwise qualify
for the by-right approval.
Nothing in this section shall be construed to relieve the public agency from complying
with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of
the Public Resources Code.
Comment [KV1]: There is a lot of support in the
Administration and Legislature for timelines for local
actions. We could alternatively ask for “no timeline”
but we assume this will be rejected by the
Administration. Is 120-days more reasonable? How
much time do counties need for design review?
Please provide justification/examples if more time is
needed.
Comment [KV2]: An alternative is to maintain
the 30-day timeline to respond but eliminate the
“deemed consistent” remedy from the proposal.
Reactions from counties on these options? Is 90-
days enough to review for consistency and respond
to a developer?
Attachment A
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6. Provide $100 million for a competitive grant program administered by the Governor’s Office of
Planning and Research (OPR) for cities and counties to update local General Plans, Housing
Elements, and zoning codes with a focus on meeting statewide housing and climate goals. GPs
need to be 10-years or older to qualify. Delay implementation in these areas until GP update is
complete.
7. Provide for $300 in housing tax credits or other General Fund support for the construction of
affordable housing that is consistent with local general plans, zoning codes and the region’s
Sustainability Communities Strategy or other compatible GHG reducing regional transportation
plan.
8. Require developers to report to OPR when they inform a local government they intend to use
the by-right approval process. Require OPR to report to the State Legislature after 2-years after
full implementation of the by-right proposal including how often it was used, estimated cost
savings due to the expedited local review process, and how many additional units the program
helped facilitate.
9. Require the Governor’s Office of Planning and Research, in consultation with counties (and
cities), to develop guidance on “objective planning standards” that local governments can use to
guide the development of upfront development standards that implement the by-right housing
proposal.
Comment [KV3]: Are there other local plans or
processes that could benefit from updating such as
specific plans? What about “objective standards” for
design review”?
Comment [KV4]: Is this the right age to warrant
funding to update GPs?
Comment [CL5]: Would it also make sense to
limit eligibility of the grant program on plans
covering areas that qualify under the Government
Code §65584.9 criteria?
Comment [KV6]: Are there other programs we
should request funding for that counties support?
For instance, the Assembly Democrats’ plan would
invest $650 million in to various existing housing
programs such as the Multi-Family Housing
Program, Local Funding Grants for Workforce
Housing, and the Emergency Shelter Grant Program
to name a few.
Comment [KV7]: CSAC staff has received a lot of
questions from counties with respect to the idea of
an upfront process where objective design review
criteria are known to the applicant before it submits
an application. Can counties share with staff what
their design review process entails now? Do
counties also provide upfront objective standards
and are they comprehensive of all the factors that
are considered in the design review process? If not,
what is a part of design review that is always
discretionary? Would OPR guidance be helpful or is
broad language in statute preferred to give counties
maximum flexibility?
Attachment A
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Attachment B
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Attachment B
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Attachment B
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Attachment B
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Streamlining Affordable Housing Approvals – Proposed Trailer Bill
Technical Modifications
SECTION 1. Section 65400.1 is added to the Government Code, to read:
65400.1. (a) A development applicant or development proponent pursuant to
Section 65913.3 of the Government Code may submit information describing the
development, including, but not limited to, land use and zoning designations and
requested permit(s) for the development to the Department of Housing and
Community Development in a reporting format to be made available. The information
submitted shall be compiled along with information pursuant to subparagraph (B) of
subsection (2) of subdivision (a) of Section 65400 and Section 65588 of the
Government Code as follows:
(i) Upon receipt of a local government determination regarding the
development submittal, or
(ii) Issuance of a building permit for the development.
(b) The Department of Housing and Community Development shall annually
review and report on its website the information that has been submitted pursuant
to this section.
SEC. 2. Section 65913 of the Government Code is amended to read:
65913. (a) The Legislature finds and declares that there exists a severe
shortage of affordable housing, especially for persons and families of low and
moderate income, and that there is an immediate need to encourage the development
of new housing, not only through the provision of financial assistance, but also through
changes in law designed to do all of the following:
(1) Expedite the local and State-supported residential development process.
(2) Assure that local governments zone sufficient land at densities high
enough for production of affordable housing.
Attachment C
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(3) Assure that local governments make a diligent effort through the
administration of land use and development controls and the provision of regulatory
concessions and incentives to significantly reduce housing development costs and
thereby facilitate the development of affordable housing, including housing for
elderly persons and families, as defined by Section 50067 of the Health and Safety
Code.
These changes in the law are consistent with the responsibility of local
government to adopt the program required by subdivision (c) of Section
65583.
(b) The Legislature further finds and declares that the costs of new housing
developments have been increased, in part, by the existing permit processes and by
existing land use regulations and that vitally needed housing developments have
been halted or rendered infeasible despite the benefits to the public health, safety,
and welfare of those developments and despite the absence of adverse
environmental impacts. It is therefore necessary to enact this chapter and to amend
existing statutes which govern housing development so as to provide greater
encouragement for local and state governments to approve needed and sound
housing developments.
(c) It is the intent of the Legislature that the provisions of Section 65913.3 of
the Government Code advance all of the following:
(A) the provisions of Government Code Section 65008;
(B) implementation of the State planning priorities pursuant to Government
Code Section 65041.1;
(C) attainment of Section 65580 of the Government Code;
(D) significant actions designed to affirmatively increase fair housing choice,
furthering the objectives of the Federal Fair Housing Act, 42 U.S.C. 3601, and
Attachment C
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implementing regulations; and
(E) the objectives of the California Global Warming Solutions Act of 2006,
commencing with Section 38500 of the Health and Safety Code.
(F) compliance with non-discretionary inclusionary zoning ordinances adopted
by localities.
SEC. 3. Section 65913.3 is added to the Government Code, to read:
65913.3. (a) For the purposes of this section, the following terms shall have
the following meanings:
(1) “Approved remediation measures” shall mean measures included in a
certified environmental impact report to mitigate the impact of residential development in
the subject location; or uniformly applied development policies or standards that have
been adopted by the city or county to mitigate the impact of residential development in
that location.
(2) “Affordable rent,” or “Affordable housing cost” shall be as defined by Health
and Safety Code subdivision (b) of Section 50053, or subdivision (b) of 50052.5
respectively.
(13) “Attached housing development” or “development” means a newly
constructed structure containing two or more dwelling units that is a housing
development project, as defined by subdivision (2) of subsection (h) of Section
65589.5 of the Government Code, but does not include a second unit, as defined by
subdivision (4) of subsection (i) of Section 65852.2 of the Government Code, or the
conversion of an existing structure to condominiums.
(4) “Department” means the Department of Housing and Community
Development.
(2)”Designated housing sites” means sites designated to allow
housing development by the general plan, a zoning ordinance, or for which a
certified environmental review document includes provisions to mitigate
potential harm.
(35) “Land-use authority” means any entity with state-authorized power to
Attachment C
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regulate land-use permits and entitlements conferred by local governments.
(46) “Land-use restriction” means covenants restricting the use of land,
recorded regulatory agreements, or any other form of an equitable servitude.
(57) “Major transit stop” means a site containing an existing rail transit station, a
ferry terminal served by either a bus or rail transit service, or the intersection of two or
more major bus routes with a service interval frequency of 15 minutes or less during
the morning and afternoon peak weekday commute periods, and offering weekend
service.
(68)“Public agency” means a federal, state, or local government agency, or a
local or regional housing trust fund which has been funded or chartered by a federal,
state, or local government agency.
(79) “Required by law to record” means, but is not limited to, a development
applicant or development proponent is required to record a land-use restriction
based on any of the following:
(i) As a condition of award of funds or financing from a public
agency.
(ii) As a condition of the award of tax credits.
(iii) As may be required by a contract entered into with a public agency.
(810) “Transit priority area” means an area within one-half mile of a major
transit stop that is existing or planned, provided the planned stop is scheduled to be
completed within the planning horizon included in a Transportation Improvement
Program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of
Federal Regulations within the adopted general plan or specific plan of a local
government.
(911) “Urban uses” means any residential, commercial, public institutional,
trans it or transportation passenger facility, or retail use, or any combination of those
uses.
(b) A development that satisfies all of the following criteria shall be a permitted
use by right as that term is defined in subdivision (i) of Section 65583.2 of the
Government Code:
(1) The development applicant or development proponent has submitted to the
Attachment C
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local government its intent to utilize this authority, and certifying under penalty of
perjury that, to the best of its knowledge and belief, it conforms with all other
provisions identified herein.
(2) The development is consistent with the following objective planning
standards: land use and building intensity designation applicable to the site under
the general plan and zoning code, land use and density or other objective zoning
standards, and any setback or objective design review standards, all as in effect
at the time that the subject development is submitted to the local government
pursuant to this section.
(3) The development is located on a site that is either immediately adjacent to
parcels that are developed with urban uses or for which at least 75 percent of the
perimeter of the site adjoins parcels that are developed with urban uses or is bounded
by a natural body of water.
(4) The development must be an attached housing development, for which
the development applicant or development proponent already has recorded, or is
required by law to record, a land-use restriction, which shall require all the following:
(A) A duration of at least 30 years or more.
(B) Enforceability byThat any public agency and or by any member or members
of the public, including non-profit corporations, may bring and maintain an
enforcement action.
(C) For developments within a transit priority area, a restriction of
the development’s real property to a level of affordability equal to or
greater than either of the following:
(i) At least ten percent of the total units of a housing development for lower
income households, as defined in Section 50079.5 of the Health and
Safety Code.
(ii) At least five percent of the total units of a housing development for very
low income households, as defined in Section 50105 of the Health and
Safety Code.
(D) For developments not within a transit priority area, a restriction of the
development’s real property to a level of affordability equal to or greater than at
Attachment C
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least twenty (20) percent or more of the residential units restricted to and occupied
by individuals whose income is eighty (80) percent or less of area median gross
income.
(5) Except for developments that are located on designated housing sites, Unless
the development incorporates approved remediation measures in the following locations
as applicable to the development, the development is not located on a site that is any of
the following:
(A) Either “prime farmland” or “farmland of statewide importance,” as defined
pursuant to United States Department of Agriculture land inventory and monitoring
criteria, as modified for California, and designated on the maps prepared by the
Farmland Mapping and Monitoring Program of the Department of Conservation.
(B) Wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal
Regulations.
(C) W ithin a very high fire hazard severity zone, as determined by the
Department of Forestry and Fire Protection pursuant to Section 51178 of the
Government Code, or within a high or very high fire hazard severity zone as
indicated on maps adopted by the Department of Forestry and Fire Protection
pursuant to Section 4202 of the Public Resources Code; however, this limitation
shall not apply to sites excluded from the specified hazard zones by a local agency
pursuant to subdivision (b) of Section 51179 of the Government Code or sites that
have adopted suff icient fire hazard mitigation measures as may be determined by
their local agency with land-use authority.
(D) Hazardous waste site that is listed pursuant to Section 65962.5 of the
Government Code, or a hazardous waste site designated by the Department of
Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code,
unless the Department of Toxic Substances Control has cleared the site for
residential use or residential mixed-uses.
(E) Within a delineated earthquake fault zone as determined by the State
Geologist in the off icial maps published thereby.
(F) Within a flood plain as determined by maps promulgated by the Federal
Emergency Management Agency, unless the development has been issued a
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floodplain development permit pursuant to Sections 59 and 60 of Title 44 of the Code
of Federal Regulations.
(G) Within a flood way as determined by maps promulgated by the Federal
Emergency Management Agency, unless the development receives a no rise
certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of
Federal Regulations.
(H) W ithin an area determined by the Department of Housing and Community
Development to be inappropriate for affordable housing development by additional
objective criteria, including areas severely lacking in access to public transit,
accessibility to employment or educational opportunities, and residentially supportive
retail and service amenities, all as to be determined through regulations adopted by the
Department at its discretion; until the Department adopts such regulations this
sub paragraph (H) shall not be interpreted to prohibit any such site. operative nor apply.
The Department is authorized, but not mandated, to adopt regulations to implement the
terms of this sub paragraph (H); and such regulations shall be adopted pursuant to the
Administrative Procedures Act set forth in Government Code section 11340 et
seq. Division 13 of the Public Resources Code shall not apply to either:
the Department’s adoption of the regulations authorized by this section, or any financial
assistance awarded by any public agency to any development that satisfies subdivision
(b) of this section. This section shall be operative regardless as to whether the
Department adopts the regulations authorized by this section.
Division 13 of the Public Resources Code shall not apply to the Department’s
adoption of the regulations authorized by this section.
(6) Unless the proposed housing development replaces units at a level of
affordability equal to or greater than the level of a previous affordability restriction, the
development must not be on any property that is any of the following:
(A) A parcel or parcels on which rental dwelling units are, or if the dwelling
units have been vacated or demolished in the five-year period preceding the
application, have been subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of lower or very low income.
(B) Subject to any other form of rent or price control through a public entity’s
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valid exercise of its police power; or occupied by lower or very low income
households.
(c) If the applicable city, county, or city and county determines that the
development is inconsistent with at least one of the objective planning standards
delineated in paragraph (2) of subdivision (b), then it must provide the development
proponent written documentation of which standard or standards the development is not
consistent with, as well as explain why the development is not consistent with that
standard or standards, all within thirty (30) calendar days of submittal of the
development to the local government pursuant to this section. If the documentation
described in this subsection fails to identify the objective standard or standards that the
development is not consistent with, if it fails to provide an explanation of why it is
inconsistent therewith, or if it is not provided to the development proponent within thirty
(30) calendar days of submittal, then for the purposes of this section, the development
shall be deemed to satisfy paragraph (2) of subdivision (b) of this section.
(d) Any design review of the development shall not exceed ninety (90) days from
the submittal of the development to the local government pursuant to this section, and
shall not in any way inhibit, chill, or preclude the ministerial approval provided by this
section and the effect thereof.
(e) A development that satisfies subdivision (b) of this section shall not be
subject to the requirements of Section 65589.5 of the Government Code in order to be
accorded by right status under this section.
(f) This section does not relieve an applicant or public agency from complying
with the Subdivision Map Act (Division 2 (commencing with Section 66410)).
(g f) The review of a permit, license, certificate, or any other entitlement,
including, but not limited to: the enactment and amendment of zoning or design review
ordin ances or guidelines, the issuance of zoning variances, the issuance of conditional
use permits, and the approval of tentative subdivision maps, by any public agency with
land-use authority over any development that satisfies subdivision (b) of this section
shall be ministerial.
(h g) This section shall be enforceable pursuant to a writ of mandate issued
pursuant to Section 1085 of the Code of Civil Procedure.
Attachment C
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9
(i h) The development applicant or development proponent may submit
information describing the development pursuant to Government Code Section
65400.1(a).
(j i) The Legislature finds and declares that this section shall be applicable to
all cities and counties, including charter cities, because the Legislature finds that the
lack of affordable housing is a matter of vital statewide importance.
(k j) Any and all individuals displaced by a development that is approved through
the ministerial process authorized by this section shall be accorded relocation
assistance as provided in the California Relocation Assistance Act set forth in Section
7267.8 et seq. California Real Property Acquisition and Relocation Assistance Act, set
forth in Chapter 16, commencing with Government Code Section 7260. The
development proponent shall be responsible for paying for relocation assistance
expenses incurred by any local agency as a result of this section.
(l k) This section shall apply, notwithstanding anything to the contrary contained
in this code or in any other law.
Attachment C
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1
sen
June 6, 2016
Honorable Assembly Member Adrin Nazarian
Chair, Assembly Budget Subcommittee #4
State Capitol, Room 6026
Sacramento, CA 95814
Fax: 916-319-2199
Honorable Senator Richard Roth,
Chair, Senate Budget Subcommittee #4
State Capitol, Room 5019
Sacramento, CA 95814
Fax: 916-323-8386
RE: Governor’s By Right Housing Proposal
Notice of Opposition
Dear Honorable Chairs Nazarian and Roth:
I write to tell you that the mayors of the nineteen Contra Costa Cities, acting at our June Mayors
Conference meeting, unanimously opposed the recently-released proposal by Governor Brown to pre-
empt local discretionary land use approvals of specified housing developments by having all such
approvals considered “ministerial” actions, which means eliminating opportunities for public review and
comment, eliminating project-level environmental review, and restricting community design review.
We believe that such fundamental policy changes should not be rushed through as part of a budget
proposal, but merit extensive review by appropriate policy committees of the Legislature in a deliberative
fashion.
We recognize that the amount of housing available and being constructed compared to the growth in
population of California has helped cause recent rapid price increases and housing shortages here in the
East Bay as well as across many parts of California. All of the cities in our region have been affected and
while all of our cities are addressing this issue, the proposals advanced by the Governor are likely to make
this problem worse, rather than helping it.
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2
Eliminating opportunities for public review of such major development projects goes against the
principles of local democracy and public engagement. While it may be frustrating for some developers to
hear concerns about traffic, parking, and other development impacts, those affected by such projects have
a right to be heard. Not having such opportunities will increase public distrust in government and, in the
long run result in less, not more, affordable housing.
Avoiding or restricting design review is also shortsighted. Community acceptance can be greatly
improved through good design that enables a new structure to match community character.
Conversely, it is our experience that if opportunity for community input is denied, public reaction against
much needed additional housing supply will be intensified and the long-term result will be less, not more
housing of all types, precisely the opposite of what California needs to address the housing affordability
issues we face.
This proposal, at this time and in this format, is disappointing from our Governor. He has taken the State
of California backwards on both affordable and market-level housing construction by stripping local
governments and the State of the few resources available to build these units, and is now seeking to avoid
a discussion of how to replace these lost funds by undermining public input, environmental review, and
design review.
For the reasons stated, as well as others, and on behalf of the residents we represent, who deserve a voice
in the future shape of their communities, the mayors of Contra Costa cities respectfully state our
opposition to this measure as presented.
We encourage the Governor and Legislature to sponsor and manage a more comprehensive and
deliberative process to discuss the full range of housing issues and solutions, including those related to
affordable housing. The mayors of Contra Costa will gladly participate in such a process.
Sincerely,
Wade Harper
Wade Harper, Chair
Contra Costa Mayors Conference
C/o 2221 Spyglass Lane
El Cerrito, CA 94530
cc: Senator Steve Glazer, State Capital, Room 4082, Sacramento, CA 95814-4900
teresa.gerringer@sen.ca.gov
Senator Loni Hancock, State Capital, Room 2082, Sacramento, CA 95814-4900
Senator.hancock@senate.ca.gov
Senator Lois Wolk, State Capital. Room 5114, Sacrament, CA 95814-4900,
Senator.Wolk@senate.ca.gov
Representative Catherine B. Baker, P.O. Box 942849, Room 4153, Sacrament, CA 94249-0016
Assemblymember.baker@assembly.ca.gov
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3
Representative Susan Bonilla, P.O. Box 942849, Room 4140, Sacramento, CA 94249-0014
Assemblymember.bonilla@assembly.ca.gov
Representative Jim Frazier, P.O. Box 942849, Room 3091, Sacramento, CA 94249-0011
Assemblymember.frazier@assembly.ca.gov
Representative Tony Thurmond, P.O. Box 942849, Room 5150, Sacrament, CA 94249-0015
Assemblymember.Thurmond@assembly.ca.gov
Sam Caygill, League Regional Manager, scaygill@cacities.org
Dan Carrigg, League of California Cities, CarriggD@cacities.org
Gary Pokorny, Executive Director, Contra Costa Mayors Conference, gjpokorn@lmi.net
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LEGISLATION COMMITTEE 5.
Meeting Date:06/13/2016
Subject:AB 2263 (Baker) Protect Victims and Reproductive Health Care Providers
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-19
Referral Name: AB 2263 (Baker) Protect Victims and Reproductive Health Care Providers
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Support for this bill was requested by the author's office through the County's state legislative
advocate, Cathy Christian.
Referral Update:
Assembly Bill (AB) 2263 requires the Secretary of State to provide each participant in the
non-disclosure program with a notice that they may request certain actions in relation to real
property records when purchasing or selling a home; prohibits specified entities from publicly
posting or displaying on the Internet the home address of a program participant who is a
reproductive health care services provider, employee, volunteer, or patient who has requested
address non-disclosure.
Status:
05/27/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. (70-0)
Background:
Bill Analysis - 05/26/2016
SUMMARY: Standardizes the confidentiality protections for Safe at Home (SAH) program
participants, regardless of whether their participation is based on their status as victims of
domestic violence, stalking, or sexual assault, or on their status as a patient, employee, or
volunteer at a reproductive health care clinic; and requires the Secretary of State (SOS) to provide
SAH enrollees with information about how to protect their privacy on real property records.
Specifically, this bill:
1) Specifies that no person, business, or association shall publicly post or display on the Internet
the address of an SAH program participant, as specified, who has made a written demand of that
person, business, or association to not disclose the home address of the program participant.
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2) Specifies that no person, business, or association shall knowingly post the home address of a
an SAH program participant, as specified, or of the program participant's residing spouse or child,
on the Internet, knowing that person is a program participant and intending to cause imminent
great bodily harm or threatening to cause imminent great bodily harm to the program participant
or his or her residing spouse or child. However, this provision does not apply to an interactive
computer service or access software provider, as defined, unless the service or provider intends to
abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent
great bodily harm to a program participant.
3) Requires the SOS to post on its website and provide new SAH enrollees information about how
to protect personal privacy on real property records as follows:
a) A notice that the participant may request to use his or her SOS SAH address on real property
deeds, change of ownership forms, and deeds of trust when purchasing or selling a home;
b) A notice that the participant may wish to protect his or her home address from disclosure in
real property transactions by creating a trust and placing his or her real property into the trust;
c) A notice that the participant may wish to legally change his or her name in order to protect his
or her anonymity; and
d) A list of contacts for entities, such as county bar associations, legal aid societies, domestic
violence prevention organizations, or other state or local nonprofits who can provide more
information and legal services to create a trust or accomplish a name change.
EXISTING LAW:
1) Establishes the SAH address confidentiality program within the office of the SOS. This
program allows state and local agencies to accept a substitute address designated by the SOS in
lieu of an actual home address and requires the agency to request for public records without
disclosing the address of a victim of domestic violence, sexual assault, stalking, or elder or
dependent adult abuse. Permits any such adult victim, or parent or guardian acting on behalf of a
minor or incapacitated person, to apply through a specified program to have an address designated
by the SOS as his or her substitute mailing address.
2) Similarly, allows reproductive health care providers, employees, volunteers, and patients to
participate in the SAH address confidentiality program, as specified.
3) Provides that no person, business, or association shall knowingly and intentionally publicly
post or publicly display on the Internet the home address, home telephone number, or image of a
program participant or other individuals residing at the same home address with the intent to
threaten the participant or cause the participant, or co-resident, harm, as specified.
4) Prohibits the SOS from disclosing a program participant's name change or address, other than
the designated address, unless it is requested by, and disclosed to, law enforcement, or directed by
a court, or if the participant's certification has been canceled.
5) Prohibits a person, business, or association from knowingly posting or displaying on the
Internet the home address, home telephone number, or image of any provider, employee,
volunteer, or patient of a reproductive health service facility, with the intent to incite a third
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person to cause imminent bodily harm to a person protected by this provision. Permits a person
whose personal information is posted to bring an action for injunctive relief of damages, as
specified. Provides that no person shall post or display on the Internet any personal information
about a person protected by this provision if the person has requested that the information be
removed, as specified.
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor and absorbable
costs for the SOS to provide the required notifications. There are currently about 3,100 SAH
participants.
COMMENTS: The California Public Records Act (PRA) requires state and local agencies to
make public records available for inspection and copying by members of the public, unless the
records are expressly exempted from disclosure by express provisions of the PRA or some other
statute. One such exemption includes participants in the Safe At Home (SAH) program, which is
intended to keep the home addresses of program participants confidential. Though restricted to
victims of domestic violence when first established in 1998, the program has since expanded to
include victims of stalking and sexual assault, patients, employees, and volunteers of reproductive
health centers, and victims of elder and dependent adult abuse. The SAH program works by
allowing program participants to use a substitute, publicly disclosable address, in lieu of the actual
home address, whenever an address is required by a public agency for an official purpose. Any
correspondence from the agency to the participant is sent to the designated address, and the SOS
forwards it to the participant's actual and confidential address. In addition, the SOS is also
designated to receive legal notices and service of process on the participant's behalf. Agencies
must accept the SOS address and use it when creating, or disclosing, public records.
As most recently amended, this bill does two things. First, it offers the same protections for SAH
program participants, regardless of the reason for their participation. Existing law provides
separate code sections for SAH participants who are victims of domestic violence, sexual assault,
or stalking, on the one hand, and SAH participants who are clients, employees, or volunteers of a
reproductive health center, on the other hand. This bill effectively harmonizes these two code
provisions so that both groups have the same protections. Second, in order to make maximize the
effectiveness of the program, this bill requires the SOS to provide to each participant, and to post
on its Internet Web site, a notice that informs participants about their rights under the program
and provides other information on how the participant can better protect his or her privacy on
property records.
Analysis Prepared by: Thomas Clark / JUD. / (916) 319-2334 FN: 0003033
Attachment A includes the bill text.
Recommendation(s)/Next Step(s):
CONSIDER recommending to the Board of Supervisors a position of "Support" on AB 2263
(Baker): Protect Victims and Reproductive Health Care Providers.
Attachments
Attachment A: AB 2263 bill text
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AMENDED IN ASSEMBLY MAY 23, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 30, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
california legislature—2015–16 regular session
ASSEMBLY BILL No. 2263
Introduced by Assembly Member Baker
(Coauthors: Assembly Members Cristina Garcia, Gipson, and
Lackey)
(Coauthor: Senator Galgiani)
(Coauthors: Senators Allen and Galgiani)
February 18, 2016
An act to add Sections 6209.5, 6215.10, and 6215.12 to the
Government Code, relating to address confidentiality.
legislative counsel’s digest
AB 2263, as amended, Baker. Protection of victims of domestic
violence, sexual assault, or stalking, and reproductive health care service
providers: address confidentiality.
Existing law authorizes victims of domestic violence, sexual assault,
or stalking, and reproductive health care services providers, employees,
volunteers, and patients, to complete an application to be approved by
the Secretary of State for the purposes of enabling state and local
agencies to respond to requests for public records without disclosing a
program participant’s residence address contained in any public record
and otherwise provides for confidentiality of identity for that person,
subject to specified conditions. Existing law authorizes a program
95
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participant to request that state and local agencies use the address
designated by the Secretary of State as his or her address, and requires
state and local agencies, when creating, modifying, or maintaining a
public record, to accept the address designated by the Secretary of State
as a program participant’s substitute address address, except as
specified.
This bill would require the Secretary of State to provide each program
participant a notice in clear and conspicuous font that contains specified
information, including that the program participant is authorized by law
to request to use his or her address designated by the Secretary of State
on real property deeds, change of ownership forms, and deeds of trust
when purchasing or selling a home.
This bill bill, with certain exceptions, would prohibit a person,
business, or association from publicly posting or displaying on the
Internet the home address of a program participant who is a reproductive
health care services provider, employee, volunteer, or patient and who
has made a written demand to not disclose his or her address, and would
prohibit a person, business, or association from knowingly posting the
home address of a program participant, or of the program participant’s
residing spouse or child, on the Internet knowing that person is a
program participant and intending to cause imminent great bodily harm
that is likely to occur or threatening to cause imminent great bodily
harm to that individual.
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 6209.5 is added to the Government Code,
line 2 to read:
line 3 6209.5. The Secretary of State shall provide each program
line 4 participant a notice in clear and conspicuous font that contains all
line 5 of the following information:
line 6 (a) The program participant is authorized by law to request to
line 7 use his or her address designated by the Secretary of State on real
line 8 property deeds, change of ownership forms, and deeds of trust
line 9 when purchasing or selling a home.
line 10 (b) The program participant may create a revocable living trust
line 11 and place his or her real property into the trust to protect his or her
95
— 2 —AB 2263
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line 1 residential street address from disclosure in real property
line 2 transactions.
line 3 (c) The program participant may obtain a change of his or her
line 4 legal name to protect his or her anonymity.
line 5 (d) A list of contact information for entities that the program
line 6 participant may contact to receive information on, or receive legal
line 7 services for, the creation of a trust to hold real property or obtaining
line 8 a name change, including county bar associations, legal aid
line 9 societies, domestic violence prevention organizations, state and
line 10 local agencies, or other nonprofit organizations that may be able
line 11 to assist program participants.
line 12 SEC. 2. Section 6215.10 is added to the Government Code, to
line 13 read:
line 14 6215.10. (a) A person, business, or association shall not
line 15 publicly post or publicly display on the Internet the home address
line 16 of a program participant who has made a written demand of that
line 17 person, business, or association to not disclose the home address
line 18 of the program participant.
line 19 (b) A person, business, or association shall not knowingly post
line 20 the home address of a program participant, or of the program
line 21 participant’s residing spouse or child, on the Internet knowing that
line 22 person is a program participant and intending to cause imminent
line 23 great bodily harm that is likely to occur or threatening to cause
line 24 imminent great bodily harm to that individual.
line 25 (c) This section shall not apply to an interactive computer
line 26 service or access software provider, as defined in Section 230(f)
line 27 of Title 47 of the United States Code, unless the service or provider
line 28 intends to abet or cause imminent great bodily harm that is likely
line 29 to occur or threatens to cause imminent great bodily harm to a
line 30 program participant.
line 31 SEC. 3. Section 6215.12 is added to the Government Code, to
line 32 read:
line 33 6215.12. The Secretary of State shall provide each program
line 34 participant a notice in clear and conspicuous font that contains all
line 35 of the following information:
line 36 (a) The program participant is authorized by law to request to
line 37 use his or her address designated by the Secretary of State on real
line 38 property deeds, change of ownership forms, and deeds of trust
line 39 when purchasing or selling a home.
95
AB 2263— 3 — 33 of 76
line 1 (b) The program participant may create a revocable living trust
line 2 and place his or her real property into the trust to protect his or her
line 3 residential street address from disclosure in real property
line 4 transactions.
line 5 (c) The program participant may obtain a change of his or her
line 6 legal name to protect his or her anonymity.
line 7 (d) A list of contact information for entities that the program
line 8 participant may contact to receive information on, or receive legal
line 9 services for, the creation of a trust to hold real property or obtaining
line 10 a name change, including county bar associations, legal aid
line 11 societies, state and local agencies, or other nonprofit organizations
line 12 that may be able to assist program participants.
O
95
— 4 —AB 2263
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LEGISLATION COMMITTEE 6.
Meeting Date:06/13/2016
Subject:Ballot Initiatives for November 2016
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-18
Referral Name: Ballot Initiatives for November 2016
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
There are numerous ballot initiatives being proposed for the November 2016 election. The
Legislation Committee may provide direction to staff on the consideration of positions by the
Board of Supervisors on ballot initiatives.
Referral Update:
The November 2016 ballot could feature a bigger crop of statewide propositions than at any time
in the past decade.The list of measures is very much a work in progress. Most campaigns are still
gathering voter signatures or waiting for their proposals to be vetted by state officials.But political
strategists have identified at least 15 -- perhaps as many as 19 --measures that all have a shot at
going before voters next fall. The last time California’s ballot was that long was in November
2004, when there were 16 propositions. The March 2000 ballot had
20.
Which of the likely propositions might become a centerpiece campaign next year remains
unclear; only five have qualified for the ballot. But perhaps a dozen more are close to securing a
spot or have substantial funding behind their signature-gathering efforts.
The following is a list of initiative measures that are eligiblefor the ballot.
November 8, 2016, Statewide Ballot Measures
1695. (15-0032)
Minimum Wage. Increases and Future Adjustments. Initiative Statute.
Eligible as of: 03/22/2016
Steve Trossman and Arianna Jimenez c/o Amber Maltbie (213) 612-7803
Under existing law, California’s minimum wage will increase from $9.00 per hour to $10.00 per hour on January 1,
2016. This measure increases the minimum wage to $11.00 per hour, effective January 1, 2017, and by $1.00 each
of the next four years, to $15.00 per hour on January 1, 2021. Thereafter, adjusts the minimum wage annually
based on the rate of inflation for the previous year, using the California Consumer Price Index for Urban Wage
Earners and Clerical Workers. Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local government: Change in annual state and local tax revenues potentially35 of 76
impact on state and local government: Change in annual state and local tax revenues potentially
ranging from a loss of hundreds of millions of dollars to a gain of more than $1 billion.
Changes in state revenues would affect required state budget reserves, debt payments, and
funding for schools and community colleges. Increase in state and local government
spending totaling billions of dollars per year. (15-0032.) (Full Text)
1672. (15-0009, Amdt. #1)
State Prescription Drug Purchases. Pricing Standards. Initiative Statute.
Eligible as of: 12/17/15
Michael Weinstein c/o Bradley W. Hertz (818) 593-2949
Prohibits state agencies from paying more for a prescription drug than the lowest price paid for the same drug by
the United States Department of Veterans Affairs. Applies to any program where the state is the ultimate payer for
a drug, even if the state does not purchase the drug directly. Exempts certain purchases of prescription drugs funded
through Medi-Cal. Fiscal impact: It is the opinion of the Legislative Analyst and Director of Finance that the
measure, if adopted, may result in a substantial net change in state or local finances. (15-0009.) (Full Text)
1668. (15-0004, Amdt. #1)
Adult Films. Condoms. Health Requirements. Initiative Statute.
Eligible as of: 11/04/15
Michael Weinstein c/o Bradley W. Hertz (818) 593-2949
Requires performers in adult films to use condoms during filming of sexual intercourse. Requires producers of adult
films to pay for performer vaccinations, testing, and medical examinations related to sexually transmitted
infections. Requires producers to obtain state health license at beginning of filming and to post condom requirement
at film sites. Imposes liability on producers for violations, on certain distributors, on performers if they have a
financial interest in the violating film, and on talent agents who knowingly refer performers to noncomplying
producers. Permits state, performers, or any state resident to enforce violations. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potentially reduced
state and local tax revenue of millions or tens of millions of dollars per year. Likely state
costs of a few million dollars annually to administer the law. Possible ongoing net costs or
savings for state and local health and human services programs. (15-0004.) (Full Text )
1667. (15-0003)
Revenue Bonds. Statewide Voter Approval. Initiative Constitutional Amendment.
Eligible as of: 11/02/15
Dean Cortopassi c/o Kurt Oneto (916) 446-6752
Requires statewide voter approval before any revenue bonds can be issued or sold by the state for projects that are
financed, owned, operated, or managed by the state or any joint agency created by or including the state, if the bond
amount exceeds $2 billion. Prohibits dividing projects into multiple separate projects to avoid statewide voter
approval requirement. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local government: The fiscal effect on state and local governments is unknown and would vary by
project. It would depend on (1) the outcome of projects brought before voters, (2) the extent to which the
state relied on alternative approaches to the projects or alternative financing methods for affected projects,
and (3) whether those methods have higher or lower costs than revenue bonds.(15-0003.) (Full Text)
1669. (15-0005)
School Bonds. Funding for K-12 School and Community College Facilities. Initiative
Statutory Amendment.
Eligible as of: 09/17/2015
Thomas W. Hiltachk (916) 442-7757
Authorizes $9 billion in general obligation bonds: $3 billion for new construction and $3 billion for modernization
of K-12 public school facilities; $1 billion for charter schools and vocational education facilities; and $2 billion for
California Community Colleges facilities. Bars amendment to existing authority to levy developer fees to fund
school facilities, until new construction bond proceeds are spent or December 31, 2020, whichever is earlier. Bars
amendment to existing State Allocation Board process for allocating school construction funding, as to these bonds.
Appropriates money from the General Fund to pay off bonds. Summary of estimate by Legislative Analyst and
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Director of Finance of fiscal impact on state and local government: State General Fund costs of $17.6 billion to
pay off principal ($9 billion) and interest ($8.6 billion) on bonds over a period of 35 years. Annual payments
would average $500 million. Annual payments would be relatively low in the initial and final few years and
somewhat higher in the intervening years. (15-0005.) (Full Text)
Attachment A includes the 2016 Ballot Initiative Update.
Recommendation(s)/Next Step(s):
CONSIDER providing direction to staff on developing a position for Board of Supervisors'
consideration regarding various ballot initiatives in development for the November 2016 election.
Attachments
Attachment A: 2016 Ballot Initiative Update
37 of 76
November 2016 Ballot: June Update
Measure Summary
Referendum to Overturn Ban on Single-Use Plastic
Bags.
Challenge to legislation passed by the Legislature and approved by the Governor
banning the use of single-use plastic bags.
Sponsor: American Progressive Bag Alliance
Opponents: Numerous legislators, municipal governments, and private sector entities
State Fees on Hospitals. Federal Medi-Cal Matching
Funds. Initiative Statutory and Constitutional
Amendment.
Increases vote requirement to 2/3 for the Legislature to amend existing law that
imposes fees on hospitals for purposes of drawing down federal Medi-Cal matching
funds.
LAO Fiscal Impact: State savings from increased revenues that offset state costs of
about $500 million in 2016-17 to $1 billion in 2019-20.
Sponsor: California Hospital Association
Opponents: SEIU-UHW
English Language Education. Removes the provision of Proposition 227 (1998) that requires that all children are
taught in English.
Sponsor: Senator Ricardo Lara
Opponents: Unknown
State Prescription Drug Purchases. Pricing
Standards. Initiative Statute.
Prohibits state agencies from paying more for a prescription drug than the lowest price
paid by the US Department of Veterans Affairs.
LAO Fiscal Impact: Undetermined.
Sponsor: AIDS Healthcare Foundation
Opponents: PhRMA
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Measure Summary
Adult Films. Condoms. Health Requirements.
Initiative Statute.
Requires performers in adult films to use condoms during filming.
LAO Fiscal Impact: Potential reduced state and local tax revenue in the millions of
dollars; likely state costs of a few million dollars to administer the program; potential
ongoing net costs or savings to state and local health and human services programs.
Sponsor: AIDS Healthcare Foundation
Opponents: Unknown
Revenue Bonds. Statewide Voter Approval.
Initiative Constitutional Amendment.
Requires statewide voter approval before any revenue bonds can be issued or sold by
the state for projects that are financed, owned, operated, or managed by the state or
any joint agency created by or including the state, if the bond amount exceeds $2
billion.
LAO Fiscal Impact: Unknown and would vary by project.
Sponsor: Stockton-area farmer Dean Cortopassi
Opponents: Governor Jerry Brown, California Chamber of Commerce, building and
construction trades unions
School Bonds. Funding for K-12 and Community
College Facilities. Initiative Statute.
Authorizes $9 billion in general obligation bonds: $3 billion for new construction and
$3 billion for modernization of K-12 public school facilities; $1 billion for charter school
and vocational education facilities; $2 billion for California Community Colleges
facilities.
LAO Fiscal Impact: State General Fund costs of about $17.6 billion to pay off principal
and interest on bonds over a period of 35 years.
Sponsor: California Building Industry Association, Coalition for Adequate School
Housing
Opponents: Governor Jerry Brown
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Measure Summary
Death Penalty. Initiative Statute. Repeals the death penalty as maximum punishment for people convicted of murder
and replaces with life imprisonment without the possibility of parole.
LAO Fiscal Impact: Net reduction in state and local costs of about $150 million
annually.
Sponsor: Former MASH actor Mike Farrell
Opponents: Unknown
Marijuana Legalization. Initiative Statute. Legalizes marijuana and hemp under state law.
LAO Fiscal Impact: Net reduced state and local costs exceeding $100 million annually,
net state and local tax revenues of more than $1 billion annually.
Sponsor: Former Facebook President Sean Parker, Lt. Governor Gavin Newsom
Opponents: California Police Chiefs Association, California Hospital Association
Firearms. Ammunition Sales. Initiative Statute. Prohibits possession of large-capacity ammunition magazines, requires most
individuals to pass background checks prior to purchasing ammunition, among other
changes.
LAO Fiscal Impact: Increased state costs due to regulating ammunition sales, likely
offset by fees.
Sponsor: Lt. Governor Gavin Newsom
Opponents: National Rifle Association and other gun rights groups
Legislature. Legislation and Proceedings. Initiative
Constitutional Amendment and Statute.
Prohibits the Legislature from passing any bill unless it has been in print and available
online for at least 72 hours before a vote, except in cases of public emergency.
LAO Fiscal Impact: Increased costs to state government of potentially $1-$2 million
initially, and then $1 million annually.
Sponsor: Charles Munger, Jr. and former state Senator Sam Blakeslee
Opponents: Unknown
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Measure Summary
Carry-Out Bags. Charges. Initiative Statute. Redirects money collected by grocery and certain other retail stores through sale of
carry-out bags, whenever any state law bans free distribution of a particular kind of
carry-out bag and mandates the sale of any other kind of carry-out bag.
LAO Fiscal Impact: If voters uphold the state’s current carryout bag law, redirected
revenues from retailers to the state, potentially in the several tens of millions of dollars
annually. Revenues would be used for grants for certain environmental and natural
resources purposes. If voters reject the state’s current carryout bag law, likely minor
fiscal effects.
Sponsor: American Progressive Bag Alliance
Opponents: Unknown
Cigarette Tax to Fund Health Care, Tobacco Use
Prevention, Research, and Law Enforcement.
Initiative Constitutional Amendment and Statute.
Increases cigarette tax by $2.00 per pack, with equivalent increase on other tobacco
products and electronic cigarettes containing nicotine. Allocates revenues primarily to
increase funding for existing healthcare programs.
LAO Fiscal Impact: Net increase in excise tax revenues in the range of $1.1 billion to
$1.6 billion annually by 2017-18, with revenues decreasing slightly in subsequent
years.
Sponsor: California Medical Association, California Dental Association, among others
Opponents: Tobacco industry
Death Penalty. Procedures. Initiative Statute. Changes procedures governing state court appeals and petitions challenging death
penalty convictions and sentences.
LAO Fiscal Impact: Increased state costs that could be in the tens of millions of dollars
annually for several years related to direct appeals and habeas corpus proceedings,
with the fiscal impact on such costs being unknown in the longer run. Potential state
correctional savings that could be in the tens of millions of dollars annually.
Sponsor: Former NFL player Kermit Alexander
Opponents: Unknown
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Measure Summary
Tax Extension to Fund Education and Health Care.
Initiative Constitutional Amendment.
Extends by twelve years the temporary personal income tax increases enacted in 2012
on earnings over $250,000 (for single filers; over $500,000 for joint filers; over
$340,000 for heads of household). Allocates these tax revenues 89% to K-12 schools
and 11% to California Community Colleges. Allocates up to $2 billion per year in certain
years for healthcare programs.
LAO Fiscal Impact: Increased state revenues annually from 2019 through 2030—likely
in the $5 billion to $11 billion range initially—with amounts varying based on stock
market and economic trends.
Sponsor: California Teachers Association, California Medical Association, among others
Opponents: Unknown
Hospitals. Executive Compensation. Initiative
Statute.
Prohibits hospitals, hospital groups, hospital-affiliated medical foundations and
physicians groups, and health care districts from paying annual compensation (salary,
perks, paid time off, bonuses, stock options, etc.) or providing severance packages to
executives, managers, and administrators in an amount exceeding the salary and
expense allowance of the President of the United States (currently $450,000).
LAO Fiscal Impact: State administrative costs in the low millions of dollars annually to
enforce the measure, with authority to recover costs through fees assessed on
specified hospitals.
Sponsor: SEIU-UHW
Opponents: California Hospital Association
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Measure Summary
Criminal Sentences. Juvenile Criminal Proceedings
and Sentencing. Initiative Constitutional
Amendment and Statute.
Allows parole consideration for persons convicted of nonviolent felonies upon
completion of full prison term for primary offense, as defined. Authorizes Department
of Corrections and Rehabilitation to award sentence credits for rehabilitation, good
behavior, or educational achievements. Requires Department of Corrections and
Rehabilitation to adopt regulations to implement new parole and sentence credit
provisions and certify they enhance public safety. Provides juvenile court judges shall
make determination, upon prosecutor motion, whether juveniles age 14 and older
should be prosecuted and sentenced as adults.
LAO Fiscal Impact: Net state savings that could range from the tens of millions of
dollars to the low hundreds of millions of dollars annually primarily due to a reduction
in the prison population from additional paroles granted and credits earned. Net
county costs that could range from the millions to tens of millions of dollars annually,
declining to a few million dollars after initial implementation of the measure.
Sponsor: Governor Jerry Brown
Opponents: California District Attorneys Association
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LEGISLATION COMMITTEE 7.
Meeting Date:06/13/2016
Subject:State Budget and Federal Issues Update and Bills of Interest
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2016-21
Referral Name: Status of Bills of Interest
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
The Legislation Committee receives regular reports on the State Budget and bills of interest to the
County for information purposes and for direction to staff.
Referral Update:
State Budget
Both budget committees adopted their respective budgets at the end of May, allowing Conference
Committee to begin June 1. The Conference Committee began with the Department of Education
Agenda and will continue through the subject matters with members of the committee discussing
items that were not decided in budget subcommittees or had differences between the two houses.
Negotiations are expected to move quickly, as the final budget is due by midnight, June 15. The
Budget Conference Committee met last week and went through the entire book of issues. Not a
lot of action was taken. The actions are included in Attachment A.
Apparently, there was a lengthy discussion on jail funding, with both houses wanting the funding
to be spent on services and not jail construction unless more detail was provided on how the funds
would be allocated and the specific projects.
The Homeless issue was also discussed with support for No Place Like Home and many questions
and concerns about the "by-right" proposal coming from Senator Leno and Senator Nielsen.
While both the Senate and the Assembly adopted markedly different spending priorities for Cap
& Trade auction revenue, both houses agreed that negotiations will continue and that it is
imperative that an agreement will be reached as part of the budget. The spending plans largely
incorporate the core spending priorities proposed by the governor, such as allocating $500 million
to CARB for Low Carbon Transportation program.
While these plans appropriate $3 billion in Cap & Trade auction revenue, the biggest wrinkle
facing these plans is the results from the most recent auction. The May auction was expected to
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facing these plans is the results from the most recent auction. The May auction was expected to
generate over $500 million in auction revenue, but it only generated $10 million. The reason for
this dramatic drop is not clearly understood, but many factors likely played a part. In particular,
there was a rush to dump credits on the secondary market, which resulted in prices on the
secondary market being far cheaper than those credits available at CARB’s auction. Regardless of
whether this was an anomaly or a trend, the governor and the Legislature will likely need to
reduce the Cap & Trade revenue projections.
Federal Issues Update (provided by CSAC associate, Joe Krahn)
There was a flurry of activity on Capitol Hill the week of May 23rd as lawmakers made progress
on an array of issues in the lead-up to the Memorial Day recess. House and Senate appropriators,
in particular, were busy shepherding a number of the fiscal year 2017 spending bills to various
stages of the legislative process. All told, nine of the 12 annual funding measures are in the play
in the House while eight spending bills are active in the Senate.
It should be noted that several of the appropriations measures considered thus far include
controversial policy riders that could ultimately derail this year’s budget process. For instance, the
House last week failed to adopt its fiscal year 2017 Energy and Water (E&W) Development
spending bill due to disagreements over inclusion of a provision that would provide certain
protections for the LGBT community. The appropriations stalemate marked the second time in
two weeks that lawmakers have fought over LGBT policies on the House floor. Looking ahead,
it’s unclear how House GOP leaders plan to address the matter, which has created a divide within
the Republican conference. Aside from the annual spending legislation, lawmakers also
continued to press ahead on other big-ticket items, including a wide-ranging energy bill (S 2012),
various measures that would impact the Temporary Assistance for Needy Families (TANF)
program, and legislative efforts aimed at addressing the ongoing drought in California.
Appropriations: Energy and Water Development
As indicated above, the House was unable to pass its fiscal year 2017 E&W spending package
(HR 5055). The measure, which would provide $37.4 billion in funding for programs under the
purview of the Department of Energy, the U.S. Army Corps of Engineers, the Bureau of
Reclamation, and related agencies, was rejected by a vote of 112 to 305. While many Republicans
opposed the inclusion of the aforementioned LGBT language, most Democrats opposed the
legislation due to the bill’s programmatic spending levels and other extraneous policy riders. Of
particular interest to California, the legislation includes provisions that are designed to allow
additional water to be pumped from the Sacramento-San Joaquin Delta to the parched Central
Valley. The language – which largely tracks drought-relief legislation that passed the lower
chamber in 2015 (HR 2898, Rep. Valadao) – would require the Interior Department to increase
Delta water exports under certain conditions. While the drought-related provisions are strongly
supported by Central Valley Republicans, the language has drawn intense fire from Democrats
who charge that increased pumping would cause irreversible damage to the Delta. The stark
contrast in views regarding the management of California’s water system was on full display
during last week’s floor debate on the E&W spending bill, which featured largely partisan
exchanges between members of the state’s congressional delegation. The House bill also includes
language that would prohibit the Army Corps from spending any funds to implement the Obama
administration’s controversial “Waters of the United States” (WOTUS) regulation. Additionally,
the measure would prevent the Corps from making any changes to the definition of “fill material”
and “discharge of fill material” for the purposes of the Clean Water Act (CWA). As expected, the
aforementioned provisions – as well as other policy riders – have drawn the ire of the White
House. In a Statement of Administration Policy (SAP) released earlier last week, the White House
expressed its strong opposition to, among other things, the sections of HR 5055 that deal with
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expressed its strong opposition to, among other things, the sections of HR 5055 that deal with
California water policy. According to the administration, the bill would undercut the Endangered
Species Act and limit application of court-approved biological opinions. The SAP also states that
the bill would preempt California State water law and, if enacted, would actually impede an
effective and timely response to the continuing drought while providing no additional water to
hard hit communities. According to the administration’s statement, if President Obama were
presented with the bill, his senior advisors would recommend that he veto the measure. In the
upper chamber, senators approved their own version of the E&W spending legislation (S 2804)
on May 12. The measure does not include provisions mandating additional pumping from the
Delta. However, the Committee Report accompanying the bill (S Rept. 114-236) directs the
Bureau of Reclamation and the Department of the Interior to use all of the flexibility at their
disposal to mitigate the impacts of the drought, particularly through the use of comprehensive,
real-time monitoring of drought conditions and their impact on endangered species and rely upon
the best available science when managing export pumping rates. The Senate legislation also
includes $100 million for various Western drought-relief programs and activities. Championed by
Senator Dianne Feinstein (D-CA), the funds would build upon the $100 million that was included
for various drought-response programs as part of the fiscal year 2016 omnibus spending law.
Appropriations: Commerce-Justice-Science; Transportation-Housing and Urban Development
On May 24, the House Appropriations Committee approved two of its fiscal year 2017 spending
bills: Transportation-Housing and Urban Development (T-HUD) and Commerce-Justice-Science
(CJS). The CJS bill would provide $56 billion in total discretionary funding to the Departments of
Commerce and Justice, NASA, and related agencies. The proposed investment is $279 million
more than the fiscal year 2016 enacted level and $1.4 billion above the president’s budget request.
With regard to funding for state and local law enforcement assistance, the House bill would
provide nearly $1.2 billion in fiscal year 2017 – a level that is roughly $227 million below current
spending and $83 million more than proposed in the administration’s budget. In a victory for
California’s counties, the bill would provide an additional $64 million for the State Criminal
Alien Assistance Program (SCAAP), increasing its total appropriation to $274 million. The CJS
bill also would provide level funding ($425 million) for core Byrne-Justice Assistance
(Byrne/JAG) grants. While the legislation does not include funding for the COPS hiring grant
program, it would provide $75 million for initiatives to improve police-community relations and
an additional $75 for the Comprehensive School Safety Initiative. With regard to the T-HUD
package, the bill would allocate $44 billion from the Highway Trust Fund for the Federal-aid
Highway Program ($905 million above current spending). The proposed funding – which
supports local road, bridge, and safety projects – mirrors the levels authorized in last year’s
highway reauthorization measure (FAST Act). The legislation also would provide $450 million
for the Department of Transportation’s discretionary TIGER Grant program, or $50 million
below current spending. The grants are awarded to states and local governments for infrastructure
construction and improvements. In addition, the House T-HUD bill includes $12.5 billion for the
Federal Transit Administration, which is $743 million above the fiscal year 2016 enacted level
but $7.4 billion below the administration’s budget request. Transit formula grants would total
$9.7 billion, which is consistent with FAST Act authorization levels. Finally, the legislation
would provide level funding ($3 billion) for the Community Development Block Grant (CDBG)
program and the HOME Investment Partnerships Program ($950 million). While the
Appropriations Committee rejected the Obama administration’s request for a large infusion of
mandatory spending for homeless assistance programs, the committee did provide an additional
$237 million for Homeless Assistance Grants, increasing the total appropriation for the program
to $2.5 billion.
Appropriations: Interior-Environment On May 25, the House Appropriations Subcommittee on
Interior and Environment approved its fiscal year 2017 spending bill. The measure would provide46 of 76
nearly $32.1 billion ($64 million below the fiscal year 2016 enacted level and $1 billion less than
the administration’s request) in discretionary spending for the Department of the Interior, the
Bureau of Land Management (BLM), the U.S. Forest Service, EPA, and related agencies. In a
major victory for California’s counties, the legislation includes $480 million to fully fund the
federal Payments-in-Lieu-of-Taxes (PILT) program. In addition, the measure would increase
funding for wildland firefighting and suppression programs, as well as hazardous fuels
management. The bill also would make available $50 million in loans for the new Water
Infrastructure Finance and Innovation (WIFIA) program. As expected, the House bill also
contains a number of extraneous policy riders that are designed to hamper the White House’s
environmental agenda. Like the E&W spending measure, the Interior bill would bar the Obama
administration from implementing its WOTUS rule or from making changes to the definition of
fill material for permitting purposes under the CWA.
House Republican Drought Bill Added to Energy Policy Legislation Last Wednesday, the House
passed a wide-ranging energy policy measure (HR 8/S 2012) that contains the text of more than
three-dozen separate pieces of legislation, including the aforementioned GOP drought bill. The
drought language and other bills were added to the underlying energy legislation as a single
amendment package by virtue of a vote in the House Rules Committee. House approval of the
energy bill paves the way for a conference committee with the Senate, which recently passed its
own energy legislation. Looking ahead, House and Senate leaders will need to decide which
members of their respective chambers will serve as conference negotiators. With regard to the
California drought package, it is unclear whether the language will survive the conference
process. While House Republicans will be pushing hard to retain the provisions, Democrats will
be working to remove them from the bill.
House Transportation Committee Approves WRDA Reauthorization The House Transportation
and Infrastructure Committee approved by voice vote a Water Resources Development Act
(WRDA) reauthorization bill. The legislation (HR 5303) would authorize funding for a number of
Corps projects that have received Chief’s Reports since passage of the last WRDA bill in 2014.
The legislation also includes language that would expand the definition of water-resources
projects to include “environmental infrastructure” projects, which would allow the Corps to
directly participate in various water supply and water recycling projects. Additionally, the bill
would allow the Corps to enter into agreements with non-federal sponsors to engage in water
conservation, stormwater capture, and groundwater recharge projects.
It should be noted that the House WRDA bill is less ambitious than its Senate counterpart (S
2848). The Senate measure, which was approved last month by the Environment & Public Works
Committee, would authorize broad federal assistance and financial support for drinking water and
wastewater infrastructure upgrades, drought resilience, green infrastructure programs, etc., and
would make several updates to the WIFIA program.
Senate Environment Committee Holds Hearing on WOTUS The Senate Environment and Public
Works Committee’s Fisheries, Water, and Wildlife Subcommittee held a hearing on May 24
entitled “Erosion of Exemptions and Expansion of Federal Control – Implementation of the
Definition of Waters of the United States.” The panel heard testimony from witnesses
representing a number of key interests, including farming and agriculture, recreation, academia,
and the homebuilding industry. The Senate hearing represents just the latest effort by Senate
Republicans and certain stakeholders to highlight what they consider to be major deficiencies
with the administration’s WOTUS rule. According to a representative of the American Farm
Bureau Federation, EPA and the Corps have continued to expand the scope of their regulatory
reach under the CWA through implementation of the WOTUS rule despite a federal appeals court
ruling that stayed the regulation.
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ruling that stayed the regulation.
House Ways and Means Committee Advances TANF Legislation The House Ways and Means
Committee held two recent markups on portions of the Temporary Assistance for Needy Families
(TANF/CalWORKs) program. While the committee has not yet undertaken a full review and
reauthorization of TANF, the six bills they did pass would affect state and county administration
of the program. Most notably, the committee adopted a bipartisan bill (HR 2990) that would
create a $100 million subsidized employment grant program for TANF recipients. States would
apply for the demonstration grants to draw down a 50 percent wage match from the federal
government for public or private employers hiring TANF recipients. Available for up to one year,
the grants could support employment for a number of individuals, including youth up to age 24,
non-custodial parents, and those individuals whose income is less than 200 percent of the poverty
level. The Ways and Means Committee also adopted legislation (HR 2959) that would limit and
grandfather the ability of states to claim third-party expenditures of community-based
organizations and others as the state’s financial match in order to draw down federal TANF funds.
Other bipartisan bills include a measure (HR 5169) to direct the Department of Health and
Human Services to evaluate the success of activities funded by state TANF programs and provide
federal matching grants to states who wish to evaluate certain aspects of their program. A federal
clearinghouse of effective programs would be created by HHS and the Department of Labor.
Another bill (HR 5170) adopted by the committee would establish a federal initiative to support
social impact demonstration projects. In addition, the Committee advanced legislation (HR 2952)
along party lines that would establish new performance standards on states to measure the
percentage of TANF recipients who have left the program and are working. This includes
measures that would require states to track individuals at the half and full-year mark after leaving
TANF, using metrics that resemble those under the Workforce Innovation and Opportunity Act
(WIOA). Looking ahead, the bills face an uncertain future. In addition, Democrats have called on
GOP leaders to consider other measures that were included in a 2015 discussion draft which,
among other provisions, would increase the allowable time that TANF recipients may spend in
vocational education, as well as the ability of states to count part time work toward meeting the
federal work participation requirements.
State Bills of Interest
County staff are monitoring a variety of bills, which are included in Attachment B.
Recommendation(s)/Next Step(s):
ACCEPT the reports on the state budget and federal issues and provide direction to staff, as
needed, on bills of interest to the County.
Attachments
Attachment A
Attachment B
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Budget Actions 2016 - Conference Committee
Updated June 3, 2016
Item #; Page #Subject Description of Proposal Assembly Budget
Action
Senate Budget Action Position Conference Action
General
Government and
Public Safety
5255, Page 4 Jail Facility
Construction
$250 million for counties to
build jails; may be limited
to small counties or those
who have previously
applied.
Rejected jail construction
funding and redirected
to other investments
including children's
mental health crisis
services, Napa jail, drug
overdose, Proposition 47
increase in funding,
workforce, and bias
training (Asm Sub #5,
5/23/16).
Rejected jail construction
funding and instead
redirected the funds to
various programs
including child mental
health services,
infrastructure grants, teen
pregnancy prevention,
STD prevention, drug
overdose prevention (Sen
Sub #5, 5/18).
Support
Governor's
Budget
6/2: OPEN
5255 Proposition 47 May Revise adjusts
numbers from $29.3 million
to $39 million for
Proposition 47
implementation -- majority
to BSCC to mental health.
Approved increase of
$10 million to
Proposition 47 (Assm
Budget, 5/26/14).
Heard on 4/7; OPEN
(Senate Sub #5).
6/2; OPEN
Attachment A
49 of 76
Budget Actions 2016 - Conference Committee
Updated June 3, 2016
Item #; Page #Subject Description of Proposal Assembly Budget
Action
Senate Budget Action Position Conference Action
Various; Page 20 Homeless
Investment
Senate proposal for $2
billion in bonds for housing;
Governor supports concept
in May Revise; Assembly
proposal for investment in
various housing programs.
Adopted placeholder
Trailer bill language that
includes supportive
housing, tenant-based
rental assistance, and
direct technical
assistance to counties
(Asm Sub #4, 5/18/16);
Adopted $650 million in
a housing package (Asm
Sub #4, 5/24/16).
Adopted No Place Like
Home proposal which
includes $2 billion in
MHSA funds for bonds for
permanent and
supportive housing
(Senate Budget Cmte,
5/24).
No Position
Various; Page 20 Housing Policies Governor endorses several
housing policies including
by-Right.
Adopted placeholder
trailer bill language (Asm
Sub #4, 5/18/16).
Heard on 5/18; OPEN (Sen
Sub #4).
Pending
Health and Human Services
5180; Page 14 SSI/SSP COLA Increase in COLA for
SSI/SSP.
Adopted May Revision
adjustment with TBL
(Asm Sub #1, 5/24/16).
Approved through No
Place by Home; with
higher number (Senate
Budget, 5/24/16).
No Position 6/1: OPEN
Attachment A
50 of 76
Budget Actions 2016 - Conference Committee
Updated June 3, 2016
Item #; Page #Subject Description of Proposal Assembly Budget
Action
Senate Budget Action Position Conference Action
5180; Page 18 Continuum of Care
Reform
May Revise increased the
funding for implementation
from $95 million to $150
million. For county welfare
directors, and county
probation for
implementation on group
homes.
Approved as proposed in
May Revise with $2.4
million additional
funding, supplemental
reporting language in
consultation with the
counties subject to
further refinements in
Conference (Asm Sub #1,
5/24/16).
Approved May Revision
proposal, but with the
addition of supplemental
reporting language that
requires DSS to meet with
stakeholders. (Sen Sub #3,
5/19/16).
Support
Assembly
6/1: OPEN
Resources, Trans
& Energy
3900, Page 3 Cap and Trade $3.1 billion expenditure
plan including $100 million
for local governments.
Adopted Assembly
proposal which includes
$100 million for local
climate plans. (Asm Sub
#3, 5/24/16).
Adopted Senate proposal
which includes $400
million for local climate
plans (Senate Budget,
5/24/16).
Support
Local
Climate Plan
Proposals
6/2: OPEN
Page 19 Recycling Proposal No proposal by Governor.Adopted an interim
proposal to address
recycyling center
closures.
Approved a pilot project.No Position 6/2: OPEN
Attachment A
51 of 76
Bill Status Report
1
CA AB 21 AUTHOR: Wood [D]
TITLE: Medical Marijuana: Cultivation Licenses
INTRODUCED:12/01/2014
DISPOSITION: Enacted
LOCATION: Chaptered
SUMMARY:
Amends the Compassionate Use Act of 1996 which authorizes the use of marijuana
for medical purposes and provides that the State Department of Food and
Agriculture is the sole licensing authority for medical marijuana cultivation
applicants a city, county, or city and county to delete the provision that grants the
Department the sole licensing authority under that Act. Provides a license
exemption does not prevent a local government from exercising its police power
authority under the State Constitution.
STATUS:
02/03/2016 Signed by GOVERNOR.
02/03/2016 Chaptered by Secretary of State. Chapter No. 1
Commentary:
Watching bill.
CA AB 1399 AUTHOR: Baker [R]
TITLE: Income Taxes: Contributions: Domestic Violence Fund
INTRODUCED:02/27/2015
DISPOSITION: Pending
COMMITTEE: Senate Governance and Finance Committee
HEARING: 06/08/2016 11:15 am
SUMMARY:
Allows an individual to designate on his or her tax return that a specified amount in
excess of tax liability be transferred to the State Domestic Violence Fund created by
this Act. Requires a portion of the moneys in the fund be distributed as funds to
active grant recipients under the Comprehensive Statewide Domestic Violence
Program within the Office of Emergency Services.
STATUS:
06/08/2016 From SENATE Committee on GOVERNANCE AND
FINANCE: Do pass to Committee on APPROPRIATIONS.
Commentary:
Sent support letter from Chair 01.04.16
POSITION: Support
CA AB 1554 AUTHOR: Irwin [D]
TITLE: Powdered Alcohol
INTRODUCED:01/04/2016
DISPOSITION: Pending
COMMITTEE: Senate Governmental Organization Committee
HEARING: 06/14/2016 9:30 am
Attachment B
52 of 76
Bill Status Report
2
SUMMARY:
Prohibits the Department of Alcoholic Beverage Control from issuing a license to
manufacture, distribute, or sell powdered alcohol, and requires the Department to
revoke the license of any licensee who manufactures, distributes, or sells powdered
alcohol. Prohibits the purchase, sale, offer for sale, distribution, manufacture,
possession, or use of powdered alcohol. Makes a violation of these provisions
punishable as an infraction.
STATUS:
05/05/2016 To SENATE Committee on GOVERNMENTAL
ORGANIZATION.
Commentary:
Companion bill to SB 819. Consistent with policy #98. Sent LOS 3/24 for 4/6
hearing.
POSITION: Support
CA AB 1568 AUTHOR: Bonta [D]
TITLE: Medi-Cal: Demonstration Project
INTRODUCED:01/04/2016
DISPOSITION: Pending
COMMITTEE: Senate Health Committee
HEARING: 06/08/2016 1:30 pm
SUMMARY:
Establishes the Medi-Cal 2020 Demonstration Project Act. Requires the
implementation of specified components of the subsequent demonstration project.
Requires the establishment and operation of a Whole Person Care pilot program and
related special fund. Requires the implementation of the Dental Transformation
Initiative. Requires the conduction of a study, report, assessment, evaluation, or
other similar demonstration project.
STATUS:
06/08/2016 From SENATE Committee on HEALTH: Do pass to
Committee on APPROPRIATIONS.
Commentary:
Dr. Walker forwarded. Sending LOS.
CA AB 1592 AUTHOR: Bonilla [D]
TITLE: Autonomous Vehicles: Pilot Project
INTRODUCED:01/06/2016
DISPOSITION: Pending
COMMITTEE: Senate Transportation and Housing Committee
HEARING: 06/14/2016 1:30 pm
SUMMARY:
Authorizes the Contra Costa Transportation Authority to conduct a pilot project for
the testing of autonomous vehicles that are not equipped with a steering wheel, a
brake pedal, an accelerator, or an operator inside the vehicle, if the testing is
conducted only at specified locations and the autonomous vehicle operates at
Attachment B
53 of 76
Bill Status Report
3
specified speeds.
STATUS:
06/06/2016 From SENATE Committee on TRANSPORTATION AND
HOUSING with author's amendments.
06/06/2016 In SENATE. Read second time and amended. Re-referred to
Committee on TRANSPORTATION AND HOUSING.
Commentary:
BOS supported 3/8/16
POSITION: Support
CA AB 1642 AUTHOR: Obernolte [R]
TITLE: State Responsibility Areas: Fire Prevention Fees
INTRODUCED:01/11/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Extends the time when the fire prevention fee is due and payable from the date of
assessment by the State Board of Equalization, and authorizes the petition for
redetermination to be filed within a specified number of days after service of the
notice of determination.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Commentary:
Letter of support requested from AM office. Similar to bill we supported last year.
CA AB 1665 AUTHOR: Bonilla [D]
TITLE: Transactions and Use taxes: Alameda/Contra Costa
INTRODUCED:01/14/2016
DISPOSITION: Pending
COMMITTEE: Senate Transportation and Housing Committee
HEARING: 06/14/2016 1:30 pm
SUMMARY:
Removes transaction and use taxing authority for the support of countywide
transportation programs from the County of Alameda and the County of Contra
Costa and to grant that authority to the Contra Costa Transportation Authority.
STATUS:
05/26/2016 To SENATE Committees on TRANSPORTATION AND
HOUSING and GOVERNANCE AND FINANCE.
Commentary:
BOS supports. John Cunningham handling
CA AB 1692 AUTHOR: Bonilla [D]
TITLE: County Employees Retirement: Contra Costa County
INTRODUCED:01/21/2016
Attachment B
54 of 76
Bill Status Report
4
DISPOSITION: Pending
COMMITTEE: Senate Public Employment and Retirement Committee
HEARING: 06/13/2016 2:00 pm
SUMMARY:
Authorizes the Board of Supervisors of Contra Costa County to apply certain terms
and conditions to nonsafety officers and employees who are new members subject
to the retirement formulas specified in the Public Employees' Pension Reform Act
of 2013 and for whom the board is the governing body.
STATUS:
05/19/2016 To SENATE Committee on PUBLIC EMPLOYMENT AND
RETIREMENT.
Commentary:
This is our sponsored bill.
POSITION: Support
CA AB 1697 AUTHOR: Bonilla [D]
TITLE: Alternative and Renewable Fuel and Vehicle Technology
INTRODUCED:01/21/2016
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Amends the Alternative and Renewable Fuel and Vehicle Technology Program.
Adds a project's ability, under the Program, to provide a path for trained workers to
transition to jobs in the clean technology and renewable fuels sections and a
project's ability to promote employment of trained workers in those sectors as
additional criteria on which preference under the Program shall be provided.
Revises the eligibility criteria for workforce training programs.
STATUS:
05/31/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (80-0)
Commentary:
Stephen Baiter, WDB suggests a Support position.
Position: Support
CA AB 1707 AUTHOR: Linder [R]
TITLE: Public Records: Response to Request
INTRODUCED:01/25/2016
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Requires a public records denial of a request to be in writing regardless of whether
the request was in writing. Requires such response to include a list that contains the
title or other identification of each record requested but withheld due to an
exemption and the specific exemption that applies to that record.
STATUS:
Attachment B
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03/29/2016 From ASSEMBLY Committee on JUDICIARY: Do pass to
Committee on LOCAL GOVERNMENT. (10-0)
Commentary001:
3/14/16 Leg Com recommends OPPOSE to BOS
CA AB 1713 AUTHOR: Eggman [D]
TITLE: Sacramento-San Joaquin Delta: Peripheral Canal
INTRODUCED:01/26/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Prohibits the construction of a peripheral canal in the Sacramento-San Joaquin Delta
unless expressly authorized by an initiative voted on by the voters of California, and
requires the Legislative Analyst's Office to complete a prescribed economic
feasibility analysis prior to a vote authorizing the construction of a peripheral canal.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Commentary:
To the BOS on 3/15/16
POSITION: Support
CA AB 1758 AUTHOR: Stone [D]
TITLE: Telecommunications: Advanced Services Fund
INTRODUCED:02/02/2016
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Extends the time period for meeting the State Advanced Services Fund program
goal and specifies the advanced communication services threshold speeds to be met
in achieving the goal. Specifies as a program goal the achievement of a statewide
adoption rate of high-speed Internet access. Provides priority for specified projects.
Requires development of a plan to implement these provisions in a manner to foster
public-private collaboration. Authorizes grants to facilitate such access to
low-income households.
STATUS:
04/21/2016 From ASSEMBLY Committee on UTILITIES AND
COMMERCE without further action pursuant to JR 62(a).
Commentary:
Sending LOS.
Position: Support
CA AB 1853 AUTHOR: Cooper [D]
TITLE: County Employees Retirement Districts
INTRODUCED:02/10/2016
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DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Relates to the County Employees Retirement Law of 1937 (CERL). Authorizes the
retirement board of any retirement system operating under CERL to elect to be a
district. Authorizes a board to adopt administrative provisions that would classify
various personnel of the retirement system as employees of the retirement system
and not employees of the county. Authorizes specified retirement systems operating
as districts to delegate the subpoena power as described in existing law.
STATUS:
05/31/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (45-21)
Commentary:
County Counsel recommends that this bill needs to be watched, and CSAC should
be made aware.
CA AB 1897 AUTHOR: Mullin [D]
TITLE: Day Care Centers
INTRODUCED:02/11/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Requires the State Department of Social Services to, adopt regulations that develop
and implement a birth to entering first grade license option for day care careers.
Requires the regulations to include age appropriate transition times, a requirement
that a single integrated license option list the age groups of children being served at
a day care center, a requirement hat all other licensing regulations that apply to a
day care center shall also apply to a birth to entering first grade license option.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Commentary:
Consistent with policy #121. Sending LOS.
POSITION: Support
CA AB 1994 AUTHOR: Lopez [D]
TITLE: CalED Program
INTRODUCED:02/16/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Creates the CalED Program for the purpose of assisting CalWORKs recipients to
obtain high school diplomas or equivalency certificates, under specified eligibility
criteria. Provides for a one-time aid supplement if a participant successfully
completes high school or a general educational development test approved by the
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State Board of Education and administered by a testing center approved by the State
Department of Education.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Commentary:
Stephen Baiter suggests watching.
Position: Watch
CA AB 2058 AUTHOR: Mayes [R]
TITLE: CalWORKs Educational Incentives
INTRODUCED:02/17/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Creates the CalWORKs Educational Opportunity and Attainment Program to
provide CalWORKs recipients with an education incentive grant for attainment of a
high school diploma or its equivalent, an associates degree or career technical
education program, or a bachelor's degree, if the program was completed while
under CalWORKs. Requires certification by the county of the participant to ensure
receipt of the incentive grant. Appropriates funds for the CalWORKS Recipients
Education Program in community colleges.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Commentary:
Stephen Baiter suggests watching.
Position: Watch
CA AB 2061 AUTHOR: Waldron [R]
TITLE: Supervised Population Workforce training Grant Program
INTRODUCED:02/17/2016
DISPOSITION: Pending
COMMITTEE: Senate Public Safety Committee
HEARING: 06/14/2016 9:00 am
SUMMARY:
Relates to the Supervised Population Workforce Training Grant Program and
vocational training, and apprenticeship opportunities for individuals on probation,
mandatory supervision, and postrelease community supervision. Requires the
Workforce Investment Board to give preference to a grant application that proposes
participation by employers who have demonstrated interest in employing individuals
in the supervised population. Requires related reports to the Legislature.
STATUS:
05/26/2016 To SENATE Committee on PUBLIC SAFETY.
Commentary:
Attachment B
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Stephen Baiter, WDB suggests a Watch position.
Position: Watch
CA AB 2092 AUTHOR: Frazier [D]
TITLE: Abandoned Watercraft Abatement Fund: Grants
INTRODUCED:02/17/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Authorizes grants under the Abandoned Watercraft Abatement Fund to be used for
abatement, removal, storage, or disposal of commercial vessels.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Commentary:
Supv Piepho concerned about bill; requests input from SO.
CA AB 2105 AUTHOR: Rodriguez [D]
TITLE: Workforce Development: Allied Health Care Professionals
INTRODUCED:02/17/2016
DISPOSITION: Pending
COMMITTEE: Senate Labor and Industrial Relations Committee
HEARING: 06/22/2016 9:30 am
SUMMARY:
Requires that the Workforce Development Board prepare and submit a report on the
Board's findings regarding earn and learn job training opportunities, models, and
programs. Requires the Board to consider the recommendations in the report as to
whether such recommendations shall be included in the Board's work plan for the
next fiscal year, or expanding the use of apprenticeship program to help prepare
allied health care professionals to meet upcoming needs.
STATUS:
05/12/2016 To SENATE Committee on LABOR AND INDUSTRIAL
RELATIONS.
Commentary:
Stephen Baiter, WDB suggests a Watch position.
Position: Watch
CA AB 2128 AUTHOR: Achadjian [R]
TITLE: Marriage
INTRODUCED:02/17/2016
DISPOSITION: Pending
COMMITTEE: Senate Judiciary Committee
HEARING: 06/14/2016 1:30 pm
SUMMARY:
Amends existing law that allows a member of the Armed Force of the United States
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who is stationed overseas and serving in a conflict or a war and is unable to appear
for the license and solemnization of the marriage to enter into that marriage by the
appearance of an attorney in fact. Provides that the completion of the power of
attorney is the sole determinant as to whether the county clerk's office or State
Registrar will accept the power of attorney.
STATUS:
06/06/2016 From SENATE Committee on JUDICIARY with author's
amendments.
06/06/2016 In SENATE. Read second time and amended. Re-referred to
Committee on JUDICIARY.
Commentary:
Support requested by Paul Burgarino, Community Education and Engagement
Specialist for Clerk-Recorder.
CA AB 2156 AUTHOR: Levine [D]
TITLE: Public Postsecondary Education
INTRODUCED:02/17/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Requires the California State University (CSU), and requests the University of
California (UC), to participate in regional conversations pursuant to the Federal
Workforce Innovation and Opportunity Act. Requires CSU, and requests UC, to
submit a report to the Legislature on specified topics related to regional workforce
demands.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Commentary:
Stephen Baiter, WDB suggests a Watch position.
EHSD: Watch
CA AB 2257 AUTHOR: Maienschein [R]
TITLE: Local Agency Meeting: Agenda: Online Posting
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Amends the Ralph M. Brown Act, which enables the legislative body of a local
agency to call both regular and special meetings.Requires an online posting of an
agenda for a local agency legislative body, if the agency has an Internet Web site, be
posted on the site homepage accessible specified link. Exempts specified local
entities if the legislative body has a specified integrated agenda management
platform. Requires the agenda to meet specified standards. Defines related terms.
STATUS:
Attachment B
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05/23/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (77-0)
Commentary:
UCC has "Oppose Unless Amended"
CA AB 2263 AUTHOR: Baker [R]
TITLE: Protect Victims and Reproductive Health Care Providers
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Requires the Secretary of State to provide each participant in the non-disclosure
program with a notice that they may request certain actions in relation to real
property records when purchasing or selling a home. Prohibits specified entities
from publicly posting or displaying on the Internet the home address of a program
participant who is a reproductive health care services provider, employee, volunteer,
or patient who has requested address non-disclosure.
STATUS:
05/27/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (70-0)
Commentary:
send to DL for comment
CA AB 2285 AUTHOR: McCarty [D]
TITLE: State Employment: Former Foster Youth
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Requires the Department of Human Resources to establish a class in the
classification plan that would enable former foster youth who do not otherwise meet
the eligibility criteria for any current class to obtain employment with the state.
Requires the Department to establish an emancipated foster youth program to
provide training for eventual jobs with State agencies. Requires a job readiness
training program for eligible participants in Sacramento County.
STATUS:
06/01/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (79-0)
Commentary:
Stephen Baiter, WDB suggests a Support position.
Position: Support
CA AB 2288 AUTHOR: Burke [D]
TITLE: Apprenticeship Programs
INTRODUCED:02/18/2016
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DISPOSITION: Pending
COMMITTEE: Senate Labor and Industrial Relations Committee
HEARING: 06/08/2016 9:30 am
SUMMARY:
Requires the Workforce Development Board and each local board to ensure that
preapprenticeship training the building and construction trades follows the
Multi-Craft Core Curriculum developed by the California Department of Education
and that programs and services funded by the federal Workforce Innovation and
Opportunity Act of 2014.
STATUS:
06/08/2016 From SENATE Committee on LABOR AND INDUSTRIAL
RELATIONS: Do pass to Committee on
APPROPRIATIONS.
Commentary:
Stephen Baiter suggests watching
Position: Watch
CA AB 2344 AUTHOR: Chang [R]
TITLE: Workforce Development
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
States the intent of the Legislature to enact legislation to promote and improve
workforce development.
STATUS:
02/18/2016 INTRODUCED.
Position: Watch
CA AB 2395 AUTHOR: Low [D]
TITLE: Telecommunications: Public Switched Telephone Networks
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Amends provisions of existing law regarding telecommunications and replacement
of a public switched telephone network. Requires a telephone corporation
transitioning to Internet Protocol (IP) enabled services and networks to provide
customer education before seeking the transition from regulated legacy public
switched telephone network services to IP services. Requires customer notification.
Provides related requirements of the Public Utilities Commission. Relates to
alternative service requirements.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Attachment B
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05/27/2016 In ASSEMBLY. Joint Rule 62(a) suspended.
Commentary:
Ed Woo reviewed the bill. Support letter requested of Chair Andersen.
CA AB 2412 AUTHOR: Chang [R]
TITLE: Community Colleges: Grants: Credentials
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Establishes an incentive grant program for the completion of industry-recognized
credential in specified occupational areas by students enrolled at participating
campuses of the California Community Colleges. Requires a campus that receive
such grant to use the funds to improve its workforce development and career
technical education programs. Lists the criteria to be prioritized in the selection of
industry-recognized credentials that would be eligible for program funding.
Requires a related report.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Commentary:
Stephen Baiter, WDB suggests a Oppose position.
Position: Oppose
CA AB 2448 AUTHOR: Burke [D]
TITLE: CalWORKs: Welfare-to-Work: Education
INTRODUCED:02/19/2016
DISPOSITION: Pending
FILE: 23
LOCATION: Senate Third Reading File
SUMMARY:
Provides that if a county determines that a CalWORK's recipient has not received
his or her high school diploma or its equivalent, the recipient may participate in an
equivalency program in order to complete a equivalency test. Authorizes the
recipient to participate in a high school equivalency program in lieu of participating
in a job search or job club. Prohibits requiring the recipient to participate in an
assessment before engaging in the program.
STATUS:
05/16/2016 In SENATE. From Consent Calendar. To third reading.
Commentary:
Stephen Baiter, WDB suggests a Watch position.
Position: Watch
CA AB 2466 AUTHOR: Weber [D]
TITLE: Voting: Felons
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INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Relates to felons and voter eligibility. Defines imprisoned as currently serving a
state or federal prison sentence. Defines parole. Clarifies that conviction does not
include juvenile adjudication. Requires specified information in an election
statement by a person entitled to register to vote. Requires a court statement
furnishing information related to incarcerated individuals.
STATUS:
05/31/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (41-37)
Commentary:
Support requested by ACLU, through Supervisor Andersen's office.
CA AB 2502 AUTHOR: Mullin [D]
TITLE: Land Use: Zoning Regulations
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Authorizes the legislative body of any city, county, or city and county to adopt
ordinances to requires, as a condition of development of residential rental units, that
the development include a certain percentage of residential rental units affordable
to, and occupied by, moderate-income, lower-income, very low income, or
extremely low income households. Makes nonsubstantive changes.
STATUS:
06/02/2016 In ASSEMBLY. Assembly Rule 69 suspended.
06/02/2016 In ASSEMBLY. Read third time and amended. To third
reading.
06/02/2016 Re-referred to ASSEMBLY Committee on LOCAL
GOVERNMENT.
Commentary:
Consistent with State Platform, Policy #142. Sending LOS for 4/13 hearing.
Position: Support
CA AB 2583 AUTHOR: Frazier [D]
TITLE: Sacramento-San Joaquin Delta Reform Act of 2009
INTRODUCED:02/19/2016
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Relates to the Sacramento-San Joaquin Delta Reform Act of 2009, the Delta
Stewardship Council, the Delta Plan and the California Water Fix. Provides that the
new Delta water conveyance infrastructure is interdependent parts of a system.
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Amends the point of diversion to a point on the Sacramento River. Prohibits
construction of a new Delta conveyance facility until contracts are signed by
contractors who will receive the water that commit them to pay costs and to mitigate
facility property taxes.
STATUS:
05/27/2016 From ASSEMBLY Committee on WATER, PARKS AND
WILDLIFE without further action pursuant to JR 62(a).
Commentary:
Signed on to the DCC support letter 4/5/16
POSITION: Support
CA AB 2642 AUTHOR: Garcia E [D]
TITLE: Removing Barriers to Employment Act: Initiative
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
SUMMARY:
Enacts the Removing Barriers to Employment Act to establish a specified initiative
to create a grant program to assist individuals who have multiple barriers to
employment receive the remedial education and work readiness skills that will help
these individuals to successfully participate in training, apprenticeship or
employment opportunities that enhance skill development. Requires posting related
information on the Labor and Workforce Development Agency's Internet Web site.
STATUS:
05/27/2016 In ASSEMBLY Committee on APPROPRIATIONS: Held in
committee.
Commentary:
Stephen Baiter, WDB suggests a Support position. CWA sponsoring.
Position: Support
CA AB 2686 AUTHOR: Mullin [D]
TITLE: Elections: All-Mailed Ballot Elections
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Amends existing law that authorizes San Diego County to conduct a all-mailed
ballot special election or special consolidated election, as a pilot program.
Authorizes the County to additionally conduct such an election to fill a
congressional or legislative vacancy under certain conditions. Authorizes any
county to conduct an all-mailed special election or special consolidated election
under specified conditions. Requires counties to submit a related report.
STATUS:
05/23/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (57-20)
Attachment B
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Commentary:
UCC supports
CA AB 2719 AUTHOR: Garcia E [D]
TITLE: Workforce Development: Out-of-School Youth
INTRODUCED:02/19/2016
DISPOSITION: Pending
COMMITTEE: Senate Labor and Industrial Relations Committee
HEARING: 06/22/2016 9:30 am
SUMMARY:
Includes within the definition of an individual with employment barriers and
out-of-school youth. Revises the duties of the Workforce Development Board
regarding out of school youth. Defines a school operating in partnership with the
U.S. Department of Labor. Provides school districts, county offices of education and
secondary schools that provide instruction in partnership with Department programs
are eligible to apply to provide basic-diploma skills training.
STATUS:
05/26/2016 To SENATE Committee on LABOR AND INDUSTRIAL
RELATIONS.
Commentary:
Stephen Baiter, WDB suggests a Oppose position.
Position: Oppose
CA AB 2765 AUTHOR: Weber [D]
TITLE: Proposition 47: Sentence Reduction
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Amends the Safe Neighborhoods and Schools Act. Authorizes a person to petition
or apply for a reduction of a sentence before a specified date or at a later date upon a
showing of good cause. Extends the period of time in which a person could file a
petition or application without a showing of good cause.
STATUS:
05/31/2016 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (58-19)
Commentary:
UCC supports
CA AB 2831 AUTHOR: Chang [R]
TITLE: State Community Colleges Economic and Workforce
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
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Makes a nonsubstantive change to existing law that establishes the California
Community Colleges Economic and Workforce Development Program.
STATUS:
02/19/2016 INTRODUCED.
Commentary:
Stephen Baiter, WDB suggests a Watch position.
Position: Watch
CA SB 45 AUTHOR: Mendoza [D]
TITLE: Federal Workforce Innovation and Opportunity Act
INTRODUCED:12/12/2014
DISPOSITION: Pending - Carryover
LOCATION: Assembly Labor and Employment Committee
SUMMARY:
Requires the State, in conformity with the federal Workforce Innovation and
Opportunity Act, to identify workforce investment planning regions. Requires local
boards and chief elected officials to prepare regional plans for those regions.
Requires the State Workforce Investment Board to aid the Governor in facilitating
system alignment across the core programs of the federal Act. Makes related and
conforming changes.
STATUS:
05/14/2015 To ASSEMBLY Committees on LABOR AND
EMPLOYMENT and JOBS, ECONOMIC DEVELOPMENT
AND THE ECONOMY.
Position: Watch
CA SB 66 AUTHOR: Leyva [D]
TITLE: Career Technical Education
INTRODUCED:01/07/2015
DISPOSITION: Pending
LOCATION: Assembly Business and Professions Committee
SUMMARY:
Requires the Department of Community Affairs to make available to the Office of
the Chancellor of the California Community Colleges any licensure information the
Department has in electronic format for its boards, bureaus, commissions, or
programs for the sole purpose of enabling the Office to measure employment
outcomes of students who participate in career technical education programs offered
by the California Community Colleges and recommend how these program may be
improved.
STATUS:
04/28/2016 To ASSEMBLY Committees on BUSINESS AND
PROFESSIONS and HIGHER EDUCATION.
Commentary:
Stephen Baiter, WDB suggests a watch position.
Position: Watch
Attachment B
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CA SB 554 AUTHOR: Wolk [D]
TITLE: Delta Levee Maintenance
INTRODUCED:02/26/2015
DISPOSITION: Pending
COMMITTEE: Assembly Water, Parks and Wildlife Committee
HEARING: 06/14/2016 9:00 am
SUMMARY:
Relates to the maintenance or improvement of project or nonproject levees in the
Sacramento-San Joaquin Delta. Declares legislative intent to reimburse up to a
certain percent of costs incurred in any year for the maintenance or improvement of
levees in excess of a specified sum per mile of levee and authorizes a specified
board to advance funds in an amount that does not exceed a certain percent of the
estimated state share to an eligible local agency.
STATUS:
04/28/2016 To ASSEMBLY Committee on WATER, PARKS AND
WILDLIFE.
Commentary:
Sending letter of support. Consistent with Water Platform.
POSITION: Support
CA SB 815 AUTHOR: Hernandez [D]
TITLE: Medi-Cal: Demonstration Project
INTRODUCED:01/04/2016
DISPOSITION: Pending
COMMITTEE: Assembly Health Committee
HEARING: 06/08/2016 3:00 pm
SUMMARY:
Establishes the Medi-Cal 2020 Demonstration Project Act. Retains the
Demonstration Disproportionate Share Hospital Fund. Requires a Global Payment
Program and related fund. Provides program funds are in lieu of disproportionate
share hospital payments. Provides for the Global Payment Program and the Public
Hospital Redesign and Incentives in the Med-Cal program. Provides the details for
funding under the program. Amends a specified managed care contract.
STATUS:
06/08/2016 From ASSEMBLY Committee on HEALTH: Do pass to
Committee on APPROPRIATIONS.
Commentary:
Dr. Walker recommends Support. Sending LOS.
Position: Support
CA SB 819 AUTHOR: Huff [R]
TITLE: Powdered Alcohol
INTRODUCED:01/05/2016
DISPOSITION: Pending
Attachment B
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COMMITTEE: Assembly Governmental Organization Committee
HEARING: 06/08/2016 1:30 pm
SUMMARY:
Prohibits the Department of Alcoholic Beverage Control from issuing a license to
manufacture, distribute, or sell powdered alcohol, and requires the department to
revoke the license of any licensee who manufactures, distributes, or sells powdered
alcohol. Prohibits the possession, purchase, sale, offer for sale, distribution, or use
of powdered alcohol and makes the violation of these provisions punishable as an
infraction.
STATUS:
05/09/2016 To ASSEMBLY Committee on GOVERNMENTAL
ORGANIZATION.
Commentary:
Consistent with policy #98. Sending LOS for 3/8 & 4/11 hearings.
POSITION: Support
CA SB 867 AUTHOR: Roth [D]
TITLE: Emergency Medical Services
INTRODUCED:01/11/2016
DISPOSITION: Pending
COMMITTEE: Assembly Public Safety Committee
HEARING: 06/14/2016 9:00 am
SUMMARY:
Extends the operative date of the provides of existing law the established the Maddy
Emergency Medical Services Fund and authorizes each county to establish an
emergency medical services fund for reimbursement of costs related to emergency
medical services.
STATUS:
05/05/2016 To ASSEMBLY Committee on PUBLIC SAFETY.
Position: Support
CA SB 885 AUTHOR: Wolk [D]
TITLE: Construction Contracts: Indemnity
INTRODUCED:01/19/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Specifies, for construction contracts, that a design professional only the has the duty
to defend claims that arise out of, or pertain or relate to, negligence, recklessness, or
willful misconduct of the design professional. Prohibits a waiver of these provisions.
Provides that any clause, covenant, or agreement contained in, collateral to, or
affecting a contract that requires a design professional to defend claims or lawsuits
against other persons or entities is void and unenforceable.
STATUS:
06/01/2016 In SENATE. Read third time. Passed SENATE. *****To
Attachment B
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19
ASSEMBLY. (26-4)
Commentary:
3/14/16 Leg Com recommends additional information from author before position
of Oppose or OUA.
CA SB 910 AUTHOR: Berryhill [R]
TITLE: CalWORK's
INTRODUCED:01/26/2016
DISPOSITION: Pending
LOCATION: Senate Rules Committee
SUMMARY:
Makes a technical, nonsubstantive change to a provision of existing law relative to
the CalWORK's program.
STATUS:
02/04/2016 To SENATE Committee on RULES.
Commentary:
Stephen Baiter, WDB suggests a watch position.
Position: Watch
CA SB 941 AUTHOR: Mitchell [D]
TITLE: Juveniles
INTRODUCED:02/03/2016
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
SUMMARY:
Provides fees related to local home detention programs are only payable by adults.
Authorizes a court to order a defendant to pay a reasonable fee related to drug and
substance abuse testing only if the defendant is an adult. Deletes the authorization to
charge a minor that fee. Revises provisions regarding the amount of county support
required for care and custody of ward, dependent children, or other minor person.
Repeals a foster parent training fund. Relates to welfare family destabilization.
STATUS:
05/27/2016 In SENATE Committee on APPROPRIATIONS: Held in
committee.
Commentary:
CAO requesting Leg Com input on bill
CA SB 966 AUTHOR: Mitchell [D]
TITLE: Controlled Substances: Sentence Enhancements
INTRODUCED:02/08/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Amends provisions of existing law that impose on a person convicted of a violation
of, or of conspiracy to violate, specified crimes relating to controlled substances a
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full, separate, and consecutive term for each prior conviction of specified controlled
substances crimes. Limits the sentence enhancement to only be based on each prior
conviction of conspiracy to violate specified manufacturing controlled substance
crimes using a minor in the commission of the offense.
STATUS:
06/02/2016 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (22-14)
Commentary:
PD sent her own letter of support
CA SB 1000 AUTHOR: Leyva [D]
TITLE: Land Use: General Plans: Environmental Justice
INTRODUCED:02/10/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Amends the Planning and Zoning Law. Adds to the required elements of the general
plan an environmental justice element that identifies disadvantaged communities
within the area covered by the general plan of the city, county, or city and county.
Requires the environmental justice element to identify objectives and policies to
reduce risks in disadvantaged communities and to identify objectives and policies to
promote civil engagement in the public decision making process.
STATUS:
06/01/2016 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (24-15)
Commentary:
CSAC: We would still appreciate your review of the proposed amendments for
you feedback and specifically have the following questions:
"¢ On Page 9, section (h)(1)(C) is new language that would require counties
and cities to "identify objectives and policies that prioritize investments that address
the needs of disadvantaged communities." Reactions to this language?
"¢ In previous feedback we've had mixed reviews from counties on whether the
definitions (found on page 10) of "public amenities", "public facilities", and "public
services" are necessary and if so, are the definitions accurate, sufficient, and/or
comprehensive? If not, do you have any suggested language to improve upon the
definitions? We understand that the author does want to include definitions in the
measure and is not willing to remove them entirely so if the definitions are
problematic we can work to improve them.
CA SB 1029 AUTHOR: Hertzberg [D]
TITLE: Debt and Investment Advisory Commission: Accountability
INTRODUCED:02/12/2016
DISPOSITION: Pending
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LOCATION: ASSEMBLY
SUMMARY:
Requires the Debt and Investment Advisory Commission to track and report on all
state and local outstanding debt issues until fully repaid or redeemed. Requires a
state and local agency to submit an annual report for any issue of debt for which it
has submitted a report of final sale. Requires the report to cover a specified calendar
time period and to include specified information about debt issued and outstanding
and the use of the proceeds from debt during the reporting period.
STATUS:
06/01/2016 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (39-0)
Commentary:
Tim Ewell is monitoring in CAO office.
CA SB 1069 AUTHOR: Wieckowski [D]
TITLE: Land Use: Zoning
INTRODUCED:02/16/2016
DISPOSITION: Pending
COMMITTEE: Assembly Housing and Community Development Committee
HEARING: 06/15/2016 9:00 am
SUMMARY:
Amends the Planning and Zoning Law. Replaces the term second unit with
accessory dwelling unit throughout the law. Adds the findings and declarations that
allowing accessory dwelling units in single-family or multifamily residential zones
provides additional rental housing stock and these units are an essential component
of housing supply. Requires an ordinance for such units to include provisions
contained in existing law. Prohibits parking standards. Relates to accessory dwelling
permits.
STATUS:
05/27/2016 To ASSEMBLY Committees on HOUSING AND
COMMUNITY DEVELOPMENT and LOCAL
GOVERNMENT.
Commentary:
CSAC: "¢ We bring this issue up again for your consideration and feedback as
this issue continues to be a contentious one. With the Governor signaling his support
for this measure, we anticipate some version of this bill (and/or AB 2299, its
assembly vehicle counterpart) making it to the Governor's desk.
"¢ Does the new utility connection fee language impact a county's
process/ability to approve an application for an ADU? Or, is this just an issue
impacting a homeowner and municipal service providers, i.e. getting a will serve
letter?
CA SB 1170 AUTHOR: Wieckowski [D]
TITLE: Public Contracts: Water Pollution Prevention Plans
INTRODUCED:02/18/2016
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DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Relates to public contracts and pollution prevention plans. Prohibits a public entity,
charter city, or charter county from delegating to a contractor the development of a
plan to prevent or reduce water pollution or runoff on a public works contract, or to
assume responsibility for the completeness and accuracy of a plan developed by that
entity. Exempts contracts that use specified procurement methods if the contractor
or construction manger is required to retain a plan developer for the project owners.
STATUS:
06/01/2016 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (36-1)
Commentary:
CSAC requesting letters opposing. To BOS on 5/24
CA SB 1174 AUTHOR: McGuire [D]
TITLE: Medi-Cal: Children: Prescribing Patterns:Medications
INTRODUCED:02/18/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Requires the Medical Board to conduct an analysis of data regarding Medi-Cal
prescribers and their prescribing patterns of psychotropic medications and related
services data provided by specified State agencies. Requires a breakdown by
specified population include children in foster care. Requires reports to the results of
the analysis of that data. Requires the Board to review the data for violations and to
take specified disciplinary action for violations. Provides priority with respect to
such reviews.
STATUS:
05/31/2016 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (36-3)
Commentary:
Consistent with State Platform, policy #98. Send LOS.
Position: Support
CA SB 1291 AUTHOR: Beall [D]
TITLE: Medi-Cal: Specialty Mental Health: Children and Youth
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Requires each mental health plan to submit a foster care mental health service plan
to a specified department detailing the service array, from prevention to crisis
services, available to Medi-Cal eligible children and youth under the jurisdiction of
the juvenile court and their families. Requires plan public postings and any
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corrective action plan prepared by the mental health plan to address deficiencies
identified by the external quality review organization on its Internet Web site.
STATUS:
06/02/2016 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (39-0)
Commentary:
Consistent with State Platform, policy #98. Send LOS.
Position: Support
CA SB 1300 AUTHOR: Hernandez [D]
TITLE: Medi-Cal: Emergency Medical Transport: Fees
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Imposes a quality assurance fee for each transport provided by an emergency
medical transport provider. Authorizes an exemption for categories of providers if
necessary to obtain federal approval. Creates a related fund. Requires provider
reports, and a fine for not reporting. Increases the Medi-Cal reimbursement to
providers for emergency medical transports, including fee-for-service and managed
care transports paid by Medi-Cal managed care health plans; requires public posting
of reports.
STATUS:
06/01/2016 In SENATE. Read third time, urgency clause adopted.
Passed SENATE. *****To ASSEMBLY. (36-1)
Commentary:
AMR requesting a letter of support. Consistent with policy #66.
CA SB 1386 AUTHOR: Wolk [D]
TITLE: Resource Conservation: Working and Natural Lands
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Assembly Natural Resources Committee
SUMMARY:
Declares it to be the policy of the State that protection and management of natural
and working lands is a key strategy in meeting the state's greenhouse gas reduction
goals. Requires all relevant State agencies, departments, boards, and commissions to
consider this policy when revising, adopting, or establishing policies, regulations,
expenditures, and grant criteria relating to the protection and management of natural
and working lands.
STATUS:
05/19/2016 To ASSEMBLY Committee on NATURAL RESOURCES.
Commentary:
Consistent with Platform. Sending LOS
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CA SB 1410 AUTHOR: Morrell [R]
TITLE: California Workforce Investment Act
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: Senate Rules Committee
SUMMARY:
Makes a technical, nonsubstantive changes to existing law which establishes the
Consolidated Work Program Fund for receiving moneys deposited pursuant to the
federal Workforce Investment Act.
STATUS:
03/10/2016 To SENATE Committee on RULES.
Commentary:
Stephen Baiter, WDB suggests a watch position.
Position: Watch
CA SB 1427 AUTHOR: Pavley [D]
TITLE: Workforce Development: Developmentally Disabled
INTRODUCED:02/19/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Requires the Department of Developmental Services to establish a Work Transition
Project with guidelines and an approved process for regional centers to allow
blended or braided forms of integrated services using allowable services under
existing law and to assist in the state's efforts to reach compliance with the federal
Home and Community-Based Services Waiver regulations. Authorizes the waiver of
certain regulatory requirements.
STATUS:
05/31/2016 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (39-0)
Commentary:
Stephen Baiter, WDB suggests a watch position.
Position: Watch
CA SB 15 b AUTHOR: Hernandez [D]
TITLE: Medi-Cal: Managed Care Organization Tax
INTRODUCED:02/08/2016
DISPOSITION: Failed
LOCATION: SENATE
SUMMARY:
Establishes a new managed care organization provider tax, to be administered by the
State Department of Health Care Services. Provides that the tax would be assessed
by the Department on licensed health care service plans, managed care plans
contracted with the Department to provide Medi-Cal services, and alternate health
care service plans. Provides exclusions. Establishes the Health and Human Services
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Special Fund. Reduces the gross premiums tax rate for specified insurers.
STATUS:
03/10/2016 From SENATE Committee on PUBLIC HEALTH AND
DEVELOPMENTAL SERVICES without further action.
Copyright (c) 2016 State Net. All rights reserved.
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