HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 02132017 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
February 13, 2017
10:30 A.M.
651 Pine Street, Room 101, Martinez
Supervisor Diane Burgis, 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. ACCEPT the report on the FY 2017-18 State Budget and CONSIDER
recommending that the Board of Supervisors send a letter to the Legislature
opposing the Governor's proposal to discontinue the Coordinated Care Initiative
and eliminate the In Home Supportive Services (IHSS) maintenance-of-effort
(MOE).
4. CONSIDER finding that a position of "Support" on SB 2 (Atkins) "Building
Homes and Jobs Act" and on SB 3 (Beall) "Affordable Housing Bond Act of 2018"
is consistent with the Board of Supervisors' adopted 2017 Platform, and direct staff
to prepare and distribute support letters.
5. CONSIDER finding that a position of "Support" on AB 42 (Bonta): Bail Reform,
SB 10 (Hertzberg): Bail: Pretrial Release, and SB 167 (Skinner): Supplemental
Security Income & CalFresh: Preenrollment, is consistent with the Board of
Supervisors' adopted 2017 State Platform and direct staff to prepare and distribute
advocacy letters as needed.
6. REVIEW the Master List of State Bills of Interest to Contra Costa County and
provide direction to staff, as needed.
7. ACCEPT the report on the federal issues of interest to the County and provide
direction to staff, as needed. PROVIDE input to Congressman Thompson on H.R.
38 "Concealed Carry Reciprocity Act of 2017" and H.R. 367 "Hearing Protection
Act of 2017."
8.The next meeting is currently scheduled for March 13, 2017 at 10:30 a.m. in Room 101,
651 Pine Street, Martinez.
Page 1 of 104
9.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee meetings. Contact the staff person listed below at least
72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
Page 2 of 104
LEGISLATION COMMITTEE 3.
Meeting Date:02/13/2017
Subject:State Budget Update: In Home Supportive Services (IHSS) Maintenace of
Effort (MOE) Repeal
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2017-01
Referral Name: State Budget
Presenter: L. DeLaney and Cathy Christian Contact:
Referral History:
The Legislation Committee regularly receives updates on the State Budget and its impacts on
Contra Costa County operations.
Referral Update:
Governor Jerry Brown echoed familiar themes in the release of his proposed 2017-18 State
Budget with emphasis on prudence and caution due to reduced revenue expectations and a long
list of unknowns facing California’s fiscal outlook. The proposed budget totals $122 billion in
state General Fund expenditures, with just a 0.2% decrease from the last year’s January budget.
The Department of Finance (DOF) has reported revenues below forecast from the adopted
2016-17 budget with all of the “big three” general fund sources – income, sales and corporation
taxes – showing weakness as part of an economic slowdown. The proposed budget seeks to cover
what would be a $1.6 billion dollar deficit in the current budget and future deficits of $1-$2
billion annually. State revenues are still expected to grow by 3% in 2017-18, but this is inadequate
to cover spending levels established in last year’s adopted budget.
The list of unknowns influencing spending reductions and freezing planned expenditures includes
the ever-volatile source of major state funding from personal income taxes and capital gains; the
impending sluggish economy following unprecedented growth over the last eight years; and a
new Administration in Washington, D.C. that could make significant changes to federal programs
and state funding levels.
The Legislative Analyst’s Office (LAO) put out their overview of the governor’s proposed budget
on January 13. The LAO’s advice and analyses figure heavily into the debate on budget priorities
during hearings and informational sessions during budget season. The LAO agrees with the
Administration’s decision to simply assume the continuation of current law on the federal level.
Until more detailed information about what Congress and the President plan to implement is
known, it is impossible to model scenarios with any certainty. The LAO advises the Legislature to
Page 3 of 104
begin budget deliberations by setting a target level for the state’s reserves – preferably a target
above even that of the Administration.
Generally, the LAO believes the Administration’s 2017-18 personal income tax (PIT) estimates
are too low, based on historical growth and the Administration’s other economic projections. The
Administration estimates 3.3% growth in the budget year, when PIT growth typically comes in
around 5%. Since 2009-10, the average has been over 8%, and growth has exceeded 3.3% in 18
of the last 21 years. In 2017, the Administration estimates 6.3% growth to the S&P 500, but
projects declining capital gains. Whether the PIT is up or down, the May Revision will provide
some much needed clarity and direction. If PIT revenues are higher than expected, it is important
to note that much of the funding would be dedicated by law to the Prop 98 minimum funding
guarantee and the budget reserve and debt repayment requirements under Prop 2.
Many of the questions surrounding possible changes under President Trump, including those
related to repeal of the Affordable Care Act, will not be addressed by DOF until greater certainty
and next steps are known. This could be reflected in the Governor’s May Revision along with
improved revenue returns and revised estimates.
Coordinated Care Initiative (CCI) and Elimination of the In-Home Supportive Service
(IHSS) MOE
However, a significant program concern for counties is already reflected in the 2017-18 proposal.
This includes the unwinding of the Coordinated Care Initiative (CCI) and elimination of the
In-Home Supportive Service (IHSS) maintenance of effort (MOE) resulting in approximately
$625 million in new county costs statewide for 2017-18 alone and at least $4.4 billion over the
next six years. The cost is a result of shifting 35 percent of all costs related to the IHSS program to
counties, including newly added costs due to state action to increase in minimum wage and pay
sick leave to IHHS workers, as well as, additional cost due to federal action to require overtime
pay.
In examining the dissolution of the Coordinated Care Initiative (CCI), the LAO has a couple of
recommendations based on the understanding that much of the decision to discontinue the pilot
was due to the increased cost to the state General Fund associated with the IHSS
maintenance-of-effort (MOE). The Legislature should examine how IHSS costs should be shared
between the state and counties. Should the state return to the same sharing agreement in place
before the CCI, which was 35% counties and 65% state? Should counties maintain some MOE
instead? How can the state assist counties in transitioning back to a sharing ratio which is
projected to add $600 million in IHSS costs to their budgets? Because the Administration in
essence, would like to continue the CCI without IHSS, the LAO urges the Legislature to consider
whether and how removing IHSS from the CCI will impact the goal of the CCI which is to
increase care coordination and reduce costs.
For Contra Costa County, the Employment and Human Services Department (EHSD) estimated
that the FY 17-18 IHSS MOE payment would be approximately $22.3 million. Under a 35%
county sharing ratio, the County costs would go up to approximately $27.3 million. Therefore, the
estimated increase in County cost would be at least $5 million.
The California State Association of Counties (CSAC), the County Welfare Directors Association
Page 4 of 104
The California State Association of Counties (CSAC), the County Welfare Directors Association
of California (CWDA), the California Association of Public Authorities (CAPA), the County
Health Executives Association of California (CHEAC), the County Behavioral Health Directors
Association (CBHDA), the Urban Counties of California (UCC), and the Rural County
Representatives of California (RCRC), oppose the cessation of the Coordinated Care Initiative,
the dismantling of the county In Home Supportive Services (IHSS) Maintenance of Effort (MOE)
cost sharing arrangement, the dissolution of the Statewide IHSS Authority, and shifting collective
bargaining for IHSS workers from the Statewide IHSS Authority to the seven CCI counties. Their
joint letter of opposition is attached. (See Attachment A).
The Legislation Committee may wish to recommend to the Board of Supervisors that a similar
letter be sent to the Legislature, opposing this proposal.
Recommendation(s)/Next Step(s):
ACCEPT the report on the State Budget and CONSIDER recommending that the Board of
Supervisors send a letter to the Legislature opposing the Governor's proposal to discontinue the
Coordinated Care Initiative and eliminate the In Home Supportive Services (IHSS)
maintenance-of-effort (MOE).
Attachments
Attachment A: Joint Letter of Opposition
Page 5 of 104
February 2, 2017
The Honorable Anthony Rendon
Speaker, California State Assembly
State Capitol, Room 219
Sacramento, CA 95814
RE: Dismantling the CCI, the County IHSS MOE, and Shifting IHSS Collective
Bargaining to Counties – OPPOSE
Dear Speaker Rendon,
The California State Association of Counties (CSAC), the County Welfare Directors
Association of California (CWDA), the California Association of Public Authorities
(CAPA), the County Health Executives Association of California (CHEAC), the County
Behavioral Health Directors Association (CBHDA), the Urban Counties of California
(UCC), and the Rural County Representatives of California (RCRC), oppose the
cessation of the Coordinated Care Initiative, the dismantling of the county In Home
Supportive Services (IHSS) Maintenance of Effort (MOE) cost sharing arrangement,
the dissolution of the Statewide IHSS Authority, and shifting collective bargaining for
IHSS workers from the Statewide IHSS Authority to the seven CCI counties.
The CCI and its associated components were created by legislation in 2012 (SB 1036,
Chapter 45, Statutes of 2012 and AB 1471, Chapter 439, Statutes of 2012).
Subsequent legislation (SB 94, Chapter 37, Statutes of 2013), required the
Department of Finance Director to perform an annual calculation regarding the costs
and savings related to the CCI, and to end the CCI should state costs exceed savings,
with notification within the January Budget Proposal.
On January 10, Director Cohen indicated that pursuant to his calculations, CCI costs
exceeded state savings by $42.4 million, thereby triggering the unwinding of the CCI.
This means that the health care side of the CCI ends by January 1, 2018, while the
county IHSS MOE cost sharing arrangement ends this calendar year on June 30, 2017.
The statute further requires the dissolution of the Statewide IHSS Authority and the
return of collective bargaining for IHSS workers from the Statewide IHSS Authority to
the counties. These latter two statutory requirements have already occurred, with
the CCI counties receiving notification last week of the return of collective
bargaining.
CALIFORNIA STATE ASSOCIATION
OF COUNTIES
COUNTY WELFARE DIRECTORS
ASSOCIATION OF CALIFORNIA
CALIFORNIA ASSOCIATION OF
PUBLIC AUTHORITIES
COUNTY HEALTH EXECUTIVES
ASSOCIATION OF CALIFORNIA
COUNTY BEHAVIORAL HEALTH
DIRECTORS ASSOCIATION
URBAN COUNTIES OF CALIFORNIA
RURAL COUNTY
REPRESENTATIVES OF
CALIFORNIA
Attachment A
Page 6 of 104
All 58 counties currently contribute to the IHSS MOE, and seven counties with CCI pilots – Los
Angeles, Orange, Riverside, San Bernardino, San Diego, San Mateo and Santa Clara – had transferred
their IHSS collective bargaining responsibilities to the Statewide Authority.
This cascade of events will cause a devastating cost shift to counties – $623 million in 2017-18 alone
– and imperils funding for critical county health, mental health, and public safety programs. While
the current statute requires the dismantling of the CCI based upon the calculation made by the
Department of Finance, the Legislature and the Governor must act to prevent these serious and far-
reaching county fiscal consequences. Solutions could include making adjustments to the CCI model to
achieve needed savings, while maintaining a county MOE and creating a stable bargaining entity for
IHSS workers.
Massive Cost Shift
According to estimates developed by CWDA using state data, the demise of the county IHSS MOE will
result in more than $623 million in increased county costs above the amount that counties are
dedicating to their current MOE obligations in 2017-18, rising to $1.6 billion in 2022-23, assuming
that the seven percent cut to services hours is reinstated when the current MCO tax expires in 2019-
20, as current law requires. This figure also assumes that the elimination of the IHSS MOE requires
the reapplication of existing statutory sharing ratios for the nonfederal share of the IHSS program (65
percent state and 35 percent county) and that the current $12.10 per hour state wage participation
cap remains in place.
Why the huge number for the budget year and especially in the out years? The estimate above
represents five years of cost increases in the IHSS program shifted to counties. The IHSS costs
increases are based on normal program growth as well as the suite of new costs recently enacted by
the state – the minimum wage increase up to $15 per hour by 2022 and the extension of three paid
sick leave days to IHSS workers (SB 3, Chapter No. 4, Statutes of 2016) – as well as recent federal
overtime regulations for home care workers. The 2015-16 Budget Act also restored a seven percent
across-the-board cut in IHSS hours, further increasing the costs of the program above 2012 levels.
The state approved these new costs while it had the responsibility for the program under the IHSS
MOE cost sharing structure. In fact, the state has budgeted in the current year for the $0.50
minimum wage increase that took effect on January 1 (more than $17 million General Fund for six
months) and the costs of providing federal overtime pay ($443.8 million General Fund in the current
year).
The end of the CCI means that all of these new state-imposed costs, on top of the normal program
growth costs, will be shifted to the counties. Our members indicate that they are unable to bear
these significant new costs for the IHSS program, even with some 1991 Realignment revenues.
1991 Realignment Impacts
Counties use dedicated 1991 Realignment revenues to contribute their current MOE amounts, and
Attachment A
Page 7 of 104
previously used these funds for normal IHSS program costs. However, the significant new added
costs that are being shifted to the counties exceed the revenue mechanics of the 1991 Realignment
structure. According to our initial analysis, the gap between the estimated revenues provided
through 1991 Realignment and the amount of these new costs is $484 million in 2018-19, increasing
to a $1 billion chasm in 2023-24. This estimate assumes the state enjoys steady economic growth and
all current policies remain in place. In the event of a recession—even a mild one—or changes to
health or human service programs, such as the repeal of the Affordable Care Act, the gap between
needs and revenues would increase tremendously.
Because 1991 Realignment also funds indigent health and mental health services, as well as public
health, the impact of this cost shift would reverberate through other programs. Since IHSS is an
entitlement and a caseload-driven program within 1991 Realignment, any increase in IHSS costs
reduces the future share of growth funding received by the Health and Mental Health Subaccounts.
Because of this, the size and scope of the IHSS cost shift back to counties will strangle the funding
available for other 1991 Realignment-funded services at the county level.
The magnitude of the cost shift also threatens county General Fund spending, most of which is
currently applied to public safety and the maintenance of local streets and roads, among other state
and local priorities. We are also concerned that while 1991 Realignment revenues during the years in
which the MOE was in effect were generally sufficient to cover the county share of costs for the
program, these revenues are currently less stable and subject to decline due to slowdowns in parts of
the economy, and, as our analysis above indicates, are insufficient to cover the additional state-
imposed IHSS program costs enacted since 2012.
Collective Bargaining
The CCI deal also included a provision to transfer IHSS collective bargaining from counties
participating in the CCI to the state and intent language to eventually expand the CCI to all 58
counties while also transferring their collective bargaining responsibilities to the IHSS Statewide
Authority.
The CCI calculation as required by statute within the January 10 budget sets in motion the return of
collective bargaining from the Statewide Authority to the seven CCI pilot counties. These counties
were notified last week of the official transfer of collective bargaining and the resumption of their
responsibility to bargain with IHSS workers for wages and benefits. The notification letters state that
the counties are only responsible for the terms of the county-bargained contracts at the time they
had been transferred to the Statewide Authority, rather than any new contract changes approved by
the Statewide Authority in the intervening time; however, both counties and IHSS workers are
unclear about the timeline for resuming bargaining. Further, the magnitude of the program cost shift
and the fiscal uncertainty faced by each county as a result may severely constrain their ability to offer
any additional wage or benefit changes to their workers. Crucial questions must be resolved before
counties can move forward with bargaining new contracts for our IHSS workers.
Attachment A
Page 8 of 104
Coordinated Care
The Governor’s January 10 Budget Proposal preserves components of the Cal MediConnect program.
Counties that have implemented CCI do note improvements in care coordination and communication
between health providers and IHSS staff. However, Director Cohen’s calculation of the cost savings
within the CCI also includes the “costs” of the IHSS MOE. We support taking another look at the CCI
as a whole, making changes where necessary and giving the program more time to achieve the
state’s savings goals.
Also, on behalf of our members, we have worked hard with health plans, consumers, and labor
organizations to urge the continuation of the CCI, and played a key role in supporting last year’s
Managed Care Organization (MCO) tax to provide additional funding for the CCI. Counties have
remained committed to all aspects of the CCI and believe the Governor and the Legislature have a
role to play to improve the CCI and avert this devastating cost shift to counties.
Conclusion
Counties have proudly administered the IHSS program since 1991, when it was realigned to our
members. County social workers and IHSS providers are the backbone of this social services program,
which has proven to reduce care costs while also allowing seniors and disabled people to remain in
their own homes rather than in nursing or institutional levels of care. The transfer of IHSS program
costs to counties will have detrimental impacts on the Californians in need of public health and
mental health services that are funded by 1991 Realignment, only a few short years after 1991
Realignment growth had again become available, in addition to other county services.
Our opposition to the cessation of the CCI and the transfer of new state IHSS program costs –
minimum wage increases, paid sick leave, overtime costs, and restorations of pre-2012 program cuts
– onto counties is based on both the staggering local fiscal impacts and our belief that CCI can be
reinvented to more effectively and efficiently help the most vulnerable Californians. We ask the
Legislature to work with counties and other stakeholders to arrive at a fair solution to IHSS program
funding and responsibilities and work to ensure the stability and sustainability of IHSS – and other
critical county services – for years to come.
Thank you,
Matt Cate Karen Keeslar
CSAC Executive Director CAPA Executive Director
Frank Mecca Michelle Gibbons
CWDA Executive Director CHEAC Executive Director
Attachment A
Page 9 of 104
Kirsten Barlow Paul Smith
CBHDA Executive Director RCRC Vice President of Governmental Affairs
Jolena Voorhis
UCC Executive Director
cc: The Honorable Kevin de León, President pro Tempore, California State Senate
Michael Cohen, Director, Department of Finance
Will Lightbourne, Director, Department of Social Services
Jennifer Kent, Director, Department of Health Care Services
Craig Cornett, Office of Senate President pro Tempore de León
Chris Woods, Office of Speaker Anthony Rendon
Ben Johnson, Legislative Analyst’s Office
Kirk Feely, Senate Republican Caucus
Cyndi Hillery, Assembly Republican Caucus
Attachment A
Page 10 of 104
LEGISLATION COMMITTEE 4.
Meeting Date:02/13/2017
Subject:Affordable Housing Funding Bills: SB 2 (Atkins) and SB 3 (Beall)
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2017-02
Referral Name: Affordable Housing Bills
Presenter: L. DeLaney Contact:
Referral History:
The Legislation Committee reviews and makes recommendations to the Board of Supervisors on
bills related to the provision of affordable housing.
Referral Update:
The Board of Supervisors' adopted 2017 State Platform (Attachment C) includes a number of
policies related to housing, including the following:
#165. SUPPORT efforts to increase the supply of affordable housing, including, but not limited
to, state issuance of private activity bonds, affordable and low income housing bond measures,
low-income housing tax credits and state infrastructure financing. This position supports a
number of goals in the County General Plan Housing Element.
Two bills have come to staff's attention that would align with policy #165: SB 2 (Atkins) and SB
3 (Beall). Both bills will be heard in the Senate Committee on Transportation and Housing.
Senator Skinner is a member of that committee. Staff recommends that the Legislation
Committee consider a recommendation of "Support" on both bills to the Board of Supervisors.
SB 2 (Atkins): Building Homes and Jobs Act
The bill would impose a fee, except as provided, of $75 to be paid at the time of the recording of
Page 11 of 104
The bill would impose a fee, except as provided, of $75 to be paid at the time of the recording of
every real estate instrument, paper, or notice required or permitted by law to be recorded, per each
single transaction per single parcel of real property, not to exceed $225. By imposing new duties
on counties with respect to the imposition of the recording fee, the bill would create a
state-mandated local program. The bill would require that revenues from this fee, after deduction
of any actual and necessary administrative costs incurred by the county recorder, be sent quarterly
to the Department of Housing and Community Development for deposit in the Building Homes
and Jobs Fund, which the bill would create within the State Treasury. The bill would require that
20% of the moneys in the fund be expended for affordable owner-occupied workforce housing
and 10% of the moneys for housing purposes related to agricultural workers and their families,
and would authorize the remainder of the moneys in the fund to be expended to support
affordable housing, home-ownership opportunities, and other housing-related programs.
The text of the bill is included as Attachment A. No bill analysis is available as yet.
SB 3 (Beall): Affordable Housing Bond Act of 2018
Enacts the Affordable Housing Bond Act of 2018 which would authorize the issuance of $3
billion in general obligation bonds to be used to finance various existing housing programs, as
well as infill infrastructure financing and affordable housing matching grant programs.
The text of the bill is included as Attachment B. No bill analysis is available as yet.
Recommendation(s)/Next Step(s):
CONSIDER finding that a position of "Support" on SB 2 (Atkins): Building Homes and Jobs Act
and "Support" on SB 3 (Beall): Affordable Housing Bond Act of 2018 is consistent with the
Board of Supervisors' adopted 2017 State Platform, and directing staff to prepare letters of support
for the Chair of the Board's signature.
Attachments
Attachment A: SB 2
Attachment B: SB 3
Attachment C: Adopted 2017 State Platform
Page 12 of 104
SENATE BILL No. 2
Introduced by Senator Atkins
(Coauthors: Senators Beall, Bradford, Dodd, Hertzberg, Jackson,
Mitchell, Roth, Skinner, Wieckowski, and Wiener)
(Coauthors: Assembly Members Bonta and Thurmond)
December 5, 2016
An act to add Section 27388.1 to the Government Code, and to add
Chapter 2.5 (commencing with Section 50470) to Part 2 of Division 31
of the Health and Safety Code, relating to housing, and declaring the
urgency thereof, to take effect immediately.
legislative counsel’s digest
SB 2, as introduced, Atkins. Building Homes and Jobs Act.
Under existing law, there are programs providing assistance for,
among other things, emergency housing, multifamily housing,
farmworker housing, homeownership for very low and low-income
households, and downpayment assistance for first-time homebuyers.
Existing law also authorizes the issuance of bonds in specified amounts
pursuant to the State General Obligation Bond Law. Existing law
requires that proceeds from the sale of these bonds be used to finance
various existing housing programs, capital outlay related to infill
development, brownfield cleanup that promotes infill development, and
housing-related parks.
This bill would enact the Building Homes and Jobs Act. The bill
would make legislative findings and declarations relating to the need
for establishing permanent, ongoing sources of funding dedicated to
affordable housing development. The bill would impose a fee, except
as provided, of $75 to be paid at the time of the recording of every real
estate instrument, paper, or notice required or permitted by law to be
recorded, per each single transaction per single parcel of real property,
99
Attachment A
Page 13 of 104
not to exceed $225. By imposing new duties on counties with respect
to the imposition of the recording fee, the bill would create a
state-mandated local program. The bill would require that revenues
from this fee, after deduction of any actual and necessary administrative
costs incurred by the county recorder, be sent quarterly to the
Department of Housing and Community Development for deposit in
the Building Homes and Jobs Fund, which the bill would create within
the State Treasury. The bill would, upon appropriation by the
Legislature, require that 20% of the moneys in the fund be expended
for affordable owner-occupied workforce housing and 10% of the
moneys for housing purposes related to agricultural workers and their
families, and would authorize the remainder of the moneys in the fund
to be expended to support affordable housing, homeownership
opportunities, and other housing-related programs, as specified. The
bill would impose certain auditing and reporting requirements and would
establish the Building Homes and Jobs Trust Fund Governing Board
that would, among other things, review and approve recommendations
made by the Department of Housing and Community Development for
the distribution of moneys from the fund.
This bill would state the intent of the Legislature to enact legislation
that would create the Secretary of Housing within state government to
oversee all activities related to housing in the state.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known as the Building Homes
line 2 and Jobs Act.
line 3 SEC. 2. (a) The Legislature finds and declares that having a
line 4 healthy housing market that provides an adequate supply of homes
line 5 affordable to Californians at all income levels is critical to the
line 6 economic prosperity and quality of life in the state.
99
— 2 —SB 2
Attachment A
Page 14 of 104
line 1 (b) The Legislature further finds and declares all of the
line 2 following:
line 3 (1) Funding approved by the state’s voters in 2002 and 2006,
line 4 as of June 2015, has financed the construction, rehabilitation, and
line 5 preservation of over 14,000 shelter spaces and 245,000 affordable
line 6 homes. These numbers include thousands of supportive homes for
line 7 people experiencing homelessness. In addition, these funds have
line 8 helped tens of thousands of families become or remain
line 9 homeowners. Nearly all of the voter-approved funding for
line 10 affordable housing has been awarded.
line 11 (2) The requirement in the Community Redevelopment Law
line 12 that redevelopment agencies set aside 20 percent of tax increment
line 13 for affordable housing generated roughly $1 billion per year. With
line 14 the elimination of redevelopment agencies, this funding stream
line 15 has disappeared.
line 16 (3) In 2014, the Legislature committed 10 percent of ongoing
line 17 cap-and-trade funds for affordable housing that reduces greenhouse
line 18 gas emissions and dedicated $100 million in one-time funding for
line 19 affordable multifamily and permanent supportive housing. In
line 20 addition, the people of California thoughtfully approved the
line 21 repurposing of $600 million in already committed bond funds for
line 22 the creation of affordable rental and permanent supportive housing
line 23 for veterans through the passage of Proposition 41.
line 24 (4) In 2015, the Legislature approved $2 billion in revenue
line 25 bonds for the construction and rehabilitation of permanent
line 26 supportive housing for homeless individuals with mental illness
line 27 through the “No Place Like Home” initiative and increased funding
line 28 for the CalWORKs Housing Support Program to $47 million per
line 29 year. Another $45 million was directed to Emergency Solutions
line 30 Grants to fund rapid rehousing, outreach, shelters, and homeless
line 31 prevention and $10 million was provided to reduce homelessness
line 32 among families who are part of the child welfare system.
line 33 (5) Despite these investments, the need for affordable housing
line 34 in the state of California greatly exceeds the available resources,
line 35 demonstrated by the Public Policy Institute of California finding
line 36 that, as of January 2016, 31.5 percent of mortgaged homeowners
line 37 and 47 percent of all renters are spending more than 35 percent of
line 38 their household incomes on housing.
line 39 (6) California has 12 percent of the United States population,
line 40 but 20 percent of its homeless population. California has the highest
99
SB 2— 3 — Attachment A
Page 15 of 104
line 1 percentage of unsheltered homeless in the nation, with 64 percent
line 2 of homeless Californians not having shelter. California has 24
line 3 percent of the nation’s homeless veterans population and one-third
line 4 of the nation’s chronically homeless population. California also
line 5 has the largest populations of unaccompanied homeless children
line 6 and youth, with 28 percent of the national total.
line 7 (7) Furthermore, four of the top 10 metropolitan areas in the
line 8 country with the highest rate of homelessness are in the following
line 9 metropolitan areas in California: San Jose-Sunnyvale-Santa Clara,
line 10 Los Angeles-Long Beach-Santa Ana, Fresno, and Stockton.
line 11 (8) California continues to have the second lowest
line 12 homeownership rate in the nation, and the Los Angeles
line 13 metropolitan area is now a majority renter area. In fact, five of the
line 14 eight lowest homeownership rates are in metropolitan areas in
line 15 California.
line 16 (9) Los Angeles and Orange Counties have been identified as
line 17 the epicenter of overcrowded housing, and numerous studies have
line 18 shown that children in crowded homes have poorer health, worse
line 19 scores on mathematics and reading tests, and higher rates of
line 20 depression and behavioral problems—even when poverty is taken
line 21 into account.
line 22 (10) Millions of Californians are affected by the state’s chronic
line 23 housing shortage, including seniors, veterans, people experiencing
line 24 chronic homelessness, working families, people with mental,
line 25 physical, or developmental disabilities, agricultural workers, people
line 26 exiting jails, prisons, and other state institutions, survivors of
line 27 domestic violence, and former foster and transition-aged youth.
line 28 (11) Eight of the top 10 hardest hit cities by the foreclosure
line 29 crisis in the nation were in California. They include the Cities of
line 30 Stockton, Modesto, Vallejo, Riverside, San Bernardino, Merced,
line 31 Bakersfield, and Sacramento.
line 32 (12) California’s workforce continues to experience longer
line 33 commute times as persons in the workforce seek affordable housing
line 34 outside the areas in which they work. If California is unable to
line 35 support the construction of affordable housing in these areas,
line 36 congestion problems will strain the state’s transportation system
line 37 and exacerbate greenhouse gas emissions.
line 38 (13) Many economists agree that the state’s higher than average
line 39 unemployment rate is due in large part to massive shrinkage in the
line 40 construction industry from 2005 to 2009, including losses of nearly
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line 1 700,000 construction-related jobs, a 60-percent decline in
line 2 construction spending, and an 83-percent reduction in residential
line 3 permits. Restoration of a healthy construction sector will
line 4 significantly reduce the state’s unemployment rate.
line 5 (14) The lack of sufficient housing impedes economic growth
line 6 and development by making it difficult for California employers
line 7 to attract and retain employees.
line 8 (15) To keep pace with continuing demand, the state should
line 9 identify and establish a permanent, ongoing source or sources of
line 10 funding dedicated to affordable housing development. Without a
line 11 reliable source of funding for housing affordable to the state’s
line 12 workforce and most vulnerable residents, the state and its local
line 13 and private housing development partners will not be able to
line 14 continue increasing the supply of housing after existing housing
line 15 bond resources are depleted.
line 16 (16) The investment will leverage billions of dollars in private
line 17 investment, lessen demands on law enforcement and dwindling
line 18 health care resources as fewer people are forced to live on the
line 19 streets or in dangerous substandard buildings, and increase
line 20 businesses’ ability to attract and retain skilled workers.
line 21 (17) In order to promote housing and homeownership
line 22 opportunities, the recording fee imposed by this act shall not be
line 23 applied to any recording made in connection with a sale of real
line 24 property. Purchasing a home is likely the largest purchase made
line 25 by Californians, and it is the intent of this act to not increase
line 26 transaction costs associated with these transfers.
line 27 SEC. 3. Section 27388.1 is added to the Government Code, to
line 28 read:
line 29 27388.1. (a) (1) Commencing January 1, 2018, and except as
line 30 provided in paragraph (2), in addition to any other recording fees
line 31 specified in this code, a fee of seventy-five dollars ($75) shall be
line 32 paid at the time of recording of every real estate instrument, paper,
line 33 or notice required or permitted by law to be recorded, except those
line 34 expressly exempted from payment of recording fees, per each
line 35 single transaction per parcel of real property. The fee imposed by
line 36 this section shall not exceed two hundred twenty-five dollars
line 37 ($225). “Real estate instrument, paper, or notice” means a
line 38 document relating to real property, including, but not limited to,
line 39 the following: deed, grant deed, trustee’s deed, deed of trust,
line 40 reconveyance, quit claim deed, fictitious deed of trust, assignment
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line 1 of deed of trust, request for notice of default, abstract of judgment,
line 2 subordination agreement, declaration of homestead, abandonment
line 3 of homestead, notice of default, release or discharge, easement,
line 4 notice of trustee sale, notice of completion, UCC financing
line 5 statement, mechanic’s lien, maps, and covenants, conditions, and
line 6 restrictions.
line 7 (2) The fee described in paragraph (1) shall not be imposed on
line 8 any real estate instrument, paper, or notice recorded in connection
line 9 with a transfer subject to the imposition of a documentary transfer
line 10 tax as defined in Section 11911 of the Revenue and Taxation Code
line 11 or on any real estate instrument, paper, or notice recorded in
line 12 connection with a transfer of real property that is a residential
line 13 dwelling to an owner-occupier.
line 14 (b) The fees, after deduction of any actual and necessary
line 15 administrative costs incurred by the county recorder in carrying
line 16 out this section, shall be remitted quarterly, on or before the last
line 17 day of the month next succeeding each calendar quarterly period,
line 18 to the Department of Housing and Community Development for
line 19 deposit in the California Homes and Jobs Trust Fund established
line 20 by Section 50470 of the Health and Safety Code, to be expended
line 21 for the purposes set forth in that section. In addition, the county
line 22 shall pay to the Department of Housing and Community
line 23 Development interest, at the legal rate, on any funds not paid to
line 24 the Controller before the last day of the month next succeeding
line 25 each quarterly period.
line 26 SEC. 4. Chapter 2.5 (commencing with Section 50470) is added
line 27 to Part 2 of Division 31 of the Health and Safety Code, to read:
line 28
line 29 Chapter 2.5. Building Homes and Jobs Act
line 30
line 31 Article 1. General Provisions
line 32
line 33 50470. (a) (1) There is hereby created in the State Treasury
line 34 the Building Homes and Jobs Trust Fund. All interest or other
line 35 increments resulting from the investment of moneys in the fund
line 36 shall be deposited in the fund, notwithstanding Section 16305.7
line 37 of the Government Code.
line 38 (2) Moneys in the Building Homes and Jobs Trust Fund shall
line 39 not be subject to transfer to any other fund pursuant to any
line 40 provision of Part 2 (commencing with Section 16300) of Division
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line 1 4 of Title 2 of the Government Code, except to the Surplus Money
line 2 Investment Fund. Upon appropriation by the Legislature:
line 3 (A) Twenty percent of moneys in the fund shall be expended
line 4 for affordable owner-occupied workforce housing.
line 5 (B) Ten percent of the moneys in the fund shall be expended to
line 6 address affordable homeownership and rental housing opportunities
line 7 for agricultural workers and their families.
line 8 (C) The remainder of the moneys in the fund may be expended
line 9 for the following purposes:
line 10 (i) The development, acquisition, rehabilitation, and preservation
line 11 of rental housing that is affordable to extremely low, very low,
line 12 low-, and moderate-income households, including necessary
line 13 operating subsidies.
line 14 (ii) Affordable rental and ownership housing that meets the
line 15 needs of a growing workforce earning up to 120 percent of area
line 16 median income.
line 17 (iii) Matching portions of funds placed into local or regional
line 18 housing trust funds.
line 19 (iv) Matching portions of funds available through the Low and
line 20 Moderate Income Housing Asset Fund pursuant to subdivision (d)
line 21 of Section 34176 of the Health and Safety Code.
line 22 (v) Capitalized reserves for services connected to the creation
line 23 of new permanent supportive housing, including, but not limited
line 24 to, developments funded through the Veterans Housing and
line 25 Homelessness Prevention Program.
line 26 (vi) Emergency shelters, transitional housing, and rapid
line 27 rehousing.
line 28 (vii) Accessibility modifications.
line 29 (viii) Efforts to acquire and rehabilitate foreclosed or vacant
line 30 homes.
line 31 (ix) Homeownership opportunities, including, but not limited
line 32 to, down payment assistance.
line 33 (x) Grants to local and regional agencies to assist in the
line 34 development and updating of planning documents and zoning
line 35 ordinances in order to accelerate housing production, including,
line 36 but not limited to, General Plans, community plans, specific plans,
line 37 sustainable communities strategies, and local coastal programs.
line 38 (xi) Fiscal incentives or matching funds to local agencies that
line 39 approve new housing for extremely low, very low, low-, and
line 40 moderate-income households.
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line 1 (3) A state or local entity that receives an appropriation or
line 2 allocation pursuant to this chapter shall use no more than 5 percent
line 3 of that appropriation or allocation for costs related to the
line 4 administration of the housing program for which the appropriation
line 5 or allocation was made.
line 6 (b) Both of the following shall be paid and deposited in the
line 7 fund:
line 8 (1) Any moneys appropriated and made available by the
line 9 Legislature for purposes of the fund.
line 10 (2) Any other moneys that may be made available to the
line 11 department for the purposes of the fund from any other source or
line 12 sources.
line 13 (c) If a local government does not expend the moneys allocated
line 14 to it, pursuant to this chapter, within five years of that allocation,
line 15 those moneys shall revert to, and be paid and deposited in, the
line 16 fund.
line 17 50470.5. For purposes of this chapter:
line 18 (a) “Department” means the Department of Housing and
line 19 Community Development.
line 20 (b) “Governing Board” means the Building Homes and Jobs
line 21 Trust Fund Governing Board.
line 22 50470.7. (a) The Building Homes and Jobs Trust Fund
line 23 Governing Board is hereby established. The governing board shall
line 24 include one representative from the department, one representative
line 25 from the California Housing Finance Agency, and one
line 26 representative from the Office of the Treasurer. The governing
line 27 board shall consist also include no fewer than two real estate
line 28 licensees, one from northern California and one from southern
line 29 California, each with not less than 10 years of real estate experience
line 30 and membership in a real estate trade organization with not less
line 31 than 20,000 licensees. The governing board shall include a local
line 32 government official from northern and southern California, and a
line 33 representative from the northern and southern California home
line 34 building industry, all of whom shall be appointed by the Governor.
line 35 (b) (1) The governing board also shall include six public
line 36 members. Two of the public members must be representative of
line 37 nonprofit affordable housing development, one appointed by the
line 38 Speaker of the Assembly and one appointed by the Senate Rules
line 39 Committee. Two of the public members must be representative of
line 40 for-profit affordable housing development, one appointed by the
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line 1 Speaker of the Assembly and one appointed by the Senate Rules
line 2 Committee. The Speaker of the Assembly and the Senate Rules
line 3 Committee shall each appoint one additional public member who
line 4 shall be representative of, or have experience in, one or more of
line 5 the following areas:
line 6 (A) Private sector lending.
line 7 (B) For-profit affordable housing development.
line 8 (C) Nonprofit affordable housing development.
line 9 (D) Working with special needs populations, including persons
line 10 experiencing homelessness.
line 11 (E) Architecture.
line 12 (F) Housing development consultation.
line 13 (G) Academia related to housing issues.
line 14 (2) Overall public membership shall contribute to a balance
line 15 among geographic areas and between rural and urban interests.
line 16 50471. (a) In order to maximize efficiency and address
line 17 comprehensive needs, the department, in consultation with the
line 18 California Housing Finance Agency, the California Tax Credit
line 19 Allocation Committee, and the California Debt Limit Allocation
line 20 Committee, shall develop and submit to the Legislature, at the time
line 21 of the Department of Finance’s adjustments to the proposed
line 22 2018–19 fiscal year budget pursuant to subdivision (e) of Section
line 23 13308 of the Government Code, the Building Homes and Jobs
line 24 Investment Strategy. Notwithstanding Section 10231.5 of the
line 25 Government Code, commencing with the 2023–24 fiscal year, and
line 26 every five years thereafter, concurrent with the release of the
line 27 Governor’s proposed budget, the department shall update the
line 28 investment strategy and submit it to the Legislature. The governing
line 29 board shall review and advise the department regarding the
line 30 investment strategy prior to its submission to the Legislature. The
line 31 investment strategy shall do all of the following:
line 32 (1) Identify the statewide needs, goals, objectives, and outcomes
line 33 for housing for a five-year time period. Goals should include targets
line 34 of the total number for affordable homes created and preserved
line 35 with the funds.
line 36 (2) Meet the following minimum objectives:
line 37 (A) Encourage economic development and job creation by
line 38 helping to meet the housing needs of a growing workforce earning
line 39 up to 120 percent of area median income.
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line 1 (B) Identify opportunities for coordination among state
line 2 departments and agencies to achieve greater efficiencies, increase
line 3 the amount of federal investment in production, services, and
line 4 operating costs of housing, and promote energy efficiency in
line 5 housing produced.
line 6 (C) Incentivize the use and coordination of nontraditional
line 7 funding sources including philanthropic funds, local realignment
line 8 funds, nonhousing tax increment, the federal Patient Protection
line 9 and Affordable Care Act, and other resources.
line 10 (D) Incentivize innovative approaches that produce cost savings
line 11 to local and state services by reducing the instability of housing
line 12 for frequent, high-cost users of hospitals, jails, detoxification
line 13 facilities, psychiatric hospitals, and emergency shelters.
line 14 (3) Provide for a geographically balanced distribution of funds,
line 15 including a 50 percent direct allocation of funds to local
line 16 governments.
line 17 (4) In order to receive an allocation a local government shall:
line 18 (A) Submit a plan to the department detailing how allocated
line 19 funds will be used by the local government in manner consistent
line 20 with paragraph (2) of subdivision (a) of Section 50470.
line 21 (B) Have a compliant housing element with the state, submit
line 22 annual reports pursuant to Section 65400 of the Government Code,
line 23 and submit an annual report to the department that provides
line 24 ongoing tracking of the uses and expenditures of any allocated
line 25 funds.
line 26 (C) Emphasize investments that serve households that are at or
line 27 below 60 percent of area median income.
line 28 (b) Before submitting the Building Homes and Jobs Investment
line 29 Strategy to the Legislature, the department shall hold at least four
line 30 public workshops in different regions of the state to further inform
line 31 the development of the investment strategy.
line 32 (c) Expenditure requests contained in the Governor’s proposed
line 33 budget shall be consistent with the Building Homes and Jobs
line 34 Investment Strategy developed and submitted pursuant to this part.
line 35 Moneys in the Building Homes and Jobs Trust Fund shall be
line 36 appropriated through the annual Budget Act.
line 37 (d) The Building Homes and Jobs Investment Strategy and
line 38 updates required by this section shall be submitted pursuant to
line 39 Section 9795 of the Government Code.
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line 1 (e) The governing board shall have the authority to review and
line 2 approve department recommendations for all funds distributed
line 3 from the Building Homes and Jobs Trust Fund.
line 4
line 5 Article 2. Audits and Reporting
line 6
line 7 50475. The California State Auditor’s Office shall conduct
line 8 periodic audits to ensure that the annual allocation to individual
line 9 programs is awarded by the department in a timely fashion
line 10 consistent with the requirements of this chapter. The first audit
line 11 shall be conducted no later than 24 months from the effective date
line 12 of this section.
line 13 50476. (a) In its annual report to the Legislature pursuant to
line 14 Section 50408, the department shall report how funds that were
line 15 made available pursuant to this chapter and allocated in the prior
line 16 year were expended, including efforts to promote a geographically
line 17 balanced distribution of funds. The report shall also assess the
line 18 impact of the investment on job creation and the economy. With
line 19 respect to any awards made specifically to house or support persons
line 20 who are homeless or at risk of homelessness, the report shall
line 21 include an analysis of the effectiveness of the funding in allowing
line 22 these households to retain permanent housing. The department
line 23 shall make the report available to the public on its Internet Web
line 24 site.
line 25 (b) (1) In the report, the department shall make a determination
line 26 of whether any of the moneys derived from fees collected pursuant
line 27 to Section 27388.1 of the Government Code are being allocated
line 28 by the state for any purpose not authorized by Section 50470 and
line 29 shall share the information with the county recorders.
line 30 (2) If the department determines that any moneys derived from
line 31 fees collected pursuant to Section 27388.1 of the Government
line 32 Code are being allocated by the state for a purpose not authorized
line 33 by Section 50470, the county recorders shall, upon notice of the
line 34 determination, immediately cease collection of the fees imposed
line 35 by Section 27388.1 of the Government Code, and shall resume
line 36 collection of those fees only upon notice that the moneys derived
line 37 from fees collected pursuant to Section 23788.1 of the Government
line 38 Code are being allocated by the state only for a purpose authorized
line 39 by Section 50470.
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line 1 SEC. 5. (a) The Legislature finds and declares that the housing
line 2 market plays a critical role in the functioning of the California
line 3 economy.
line 4 (b) The Legislature further finds and declares all of the
line 5 following:
line 6 (1) The need for housing is something every Californian
line 7 encounters.
line 8 (2) Adequate and stable housing is a crucial component of all
line 9 Californians’ quality of life.
line 10 (3) The expenditure for housing is one of the largest expenses
line 11 all Californians undertake in their day-to-day lives.
line 12 (4) Housing and housing-related activities are of such significant
line 13 importance to the state that it warrants a clear and unified voice
line 14 in state government.
line 15 (c) It is the intent of the Legislature to enact legislation that
line 16 would create a Secretary of Housing within state government to
line 17 oversee all activities related to housing in the state. In creating this
line 18 position, it is the intent of the Legislature that all professional
line 19 entities that play a role in the housing market would be authorized
line 20 to be incorporated in order to have a clearer and more unified
line 21 approach to housing in California.
line 22 SEC. 6. No reimbursement is required by this act pursuant to
line 23 Section 6 of Article XIIIB of the California Constitution because
line 24 a local agency or school district has the authority to levy service
line 25 charges, fees, or assessments sufficient to pay for the program or
line 26 level of service mandated by this act, within the meaning of Section
line 27 17556 of the Government Code.
line 28 SEC. 7. This act is an urgency statute necessary for the
line 29 immediate preservation of the public peace, health, or safety within
line 30 the meaning of Article IV of the California Constitution and shall
line 31 go into immediate effect. The facts constituting the necessity are:
line 32 In order to provide affordable housing opportunities at the earliest
line 33 possible time, it is necessary for this act to take effect immediately.
O
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Attachment A
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SENATE BILL No. 3
Introduced by Senator Beall
December 5, 2016
An act to add Part 16 (commencing with Section 54000) to Division
31 of the Health and Safety Code, relating to housing, by providing the
funds necessary therefor through an election for the issuance and sale
of bonds of the State of California and for the handling and disposition
of those funds, and declaring the urgency thereof, to take effect
immediately.
legislative counsel’s digest
SB 3, as introduced, Beall. Affordable Housing Bond Act of 2018.
Under existing law, there are programs providing assistance for,
among other things, emergency housing, multifamily housing,
farmworker housing, home ownership for very low and low-income
households, and downpayment assistance for first-time home buyers.
Existing law also authorizes the issuance of bonds in specified amounts
pursuant to the State General Obligation Bond Law and requires that
proceeds from the sale of these bonds be used to finance various existing
housing programs, capital outlay related to infill development,
brownfield cleanup that promotes infill development, and
housing-related parks.
This bill would enact the Affordable Housing Bond Act of 2018,
which, if adopted, would authorize the issuance of bonds in the amount
of $3,000,000,000 pursuant to the State General Obligation Bond Law.
Proceeds from the sale of these bonds would be used to finance various
existing housing programs, as well as infill infrastructure financing and
affordable housing matching grant programs, as provided.
99
Attachment B
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This bill would provide for submission of the bond act to the voters
at the November 6, 2018, statewide general election in accordance with
specified law.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2⁄3. 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. The Legislature finds and declares all of the
line 2 following:
line 3 (a) California is experiencing an extreme housing shortage with
line 4 2.2 million extremely low income and very low income renter
line 5 households competing for only 664,000 affordable rental homes.
line 6 This leaves more than 1.54 million of California’s lowest income
line 7 households without access to affordable housing.
line 8 (b) While homelessness across the United States is in an overall
line 9 decline, homelessness in California is rising. In 2015, California
line 10 had 115,738 homeless people, which accounted for 21 percent of
line 11 the nation’s homeless population. This is an increase of 1.6 percent
line 12 from the prior year. California also had the highest rate of
line 13 unsheltered people, at 64 percent or 73,699 people; the largest
line 14 numbers of unaccompanied homeless children and youth, at 10,416
line 15 people or 28 percent of the national total; the largest number of
line 16 veterans experiencing homelessness, at 11,311 or 24 percent of
line 17 the national homeless veteran population; and the second largest
line 18 number of people in families with chronic patterns of homelessness,
line 19 at 22,582 or 11 percent of the state’s homeless family population.
line 20 (c) California is home to 21 of the 30 most expensive rental
line 21 housing markets in the country, which has had a disproportionate
line 22 impact on the middle class and the working poor. California
line 23 requires the third highest wage in the country to afford housing,
line 24 behind Hawaii and Washington, D.C. The fair market rent, which
line 25 indicates the amount of money that a given property would require
line 26 if it were open for leasing, for a two-bedroom apartment is $1,386.
line 27 To afford this level of rent and utilities, without paying more than
line 28 30 percent of income on housing, a household must earn an hourly
line 29 “housing wage” of $26.65 per hour. This means that a person
line 30 earning minimum wage must work an average of three jobs to pay
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line 1 the rent for a two-bedroom unit. In some areas of the state, these
line 2 numbers are even higher.
line 3 (d) Low-income families are forced to spend more and more of
line 4 their income on rent, which leaves little else for other basic
line 5 necessities. Many renters must postpone or forgo home ownership,
line 6 live in more crowded housing, commute further to work, or, in
line 7 some cases, choose to live and work elsewhere.
line 8 (e) California has seen a significant reduction of state funding
line 9 in recent years. The funds from Proposition 46 of 2002 and
line 10 Proposition 1C of 2006, totaling nearly $5 billion for a variety of
line 11 affordable housing programs, have been expended. Combined with
line 12 the loss of redevelopment funds, $1.5 billion of annual state
line 13 investment dedicated to housing has been lost, leaving several
line 14 critical housing programs unfunded.
line 15 (f) High housing costs and the shortage of housing stock in
line 16 California directly affect the future health of California’s economy
line 17 and, given the staggering numbers indicated above, bold action is
line 18 necessary. Investment in existing and successful housing programs
line 19 to expand the state’s housing stock should benefit California’s
line 20 homeless and low-income earners, as well as some of the state’s
line 21 most vulnerable populations, including foster and at-risk youth,
line 22 persons with developmental and physical disabilities, farmworkers,
line 23 the elderly, single parents with children, and survivors of domestic
line 24 violence. Investments should also be made in housing for Medi-Cal
line 25 recipients served through a county’s Section 1115 Waiver Whole
line 26 Person Care Pilot program and family day care providers.
line 27 (g) Investment in housing creates jobs and provides local
line 28 benefits. The estimated one-year impacts of building 100 rental
line 29 apartments in a typical local area include $11.7 million in local
line 30 income, $2.2 million in taxes and other revenue for local
line 31 governments, and 161 local jobs or 1.62 jobs per apartment. The
line 32 additional annually recurring impacts of building 100 rental
line 33 apartments in a typical local area include $2.6 million in local
line 34 income, $503,000 in taxes and other revenue for local governments,
line 35 and 44 local jobs or .44 jobs per apartment.
line 36 SEC. 2. Part 16 (commencing with Section 54000) is added to
line 37 Division 31 of the Health and Safety Code, to read:
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line 1 PART 16. AFFORDABLE HOUSING BOND ACT OF 2018
line 2
line 3 Chapter 1. General Provisions
line 4
line 5 54000. This part shall be known, and may be cited, as the
line 6 Affordable Housing Bond Act of 2018.
line 7 54002. As used in this part, the following terms have the
line 8 following meanings:
line 9 (a) “Board” means the Department of Housing and Community
line 10 Development for programs administered by the department, and
line 11 the California Housing Finance Agency for programs administered
line 12 by the agency.
line 13 (b) “Committee” means the Housing Finance Committee created
line 14 pursuant to Section 53524 and continued in existence pursuant to
line 15 Sections 53548 and 54014.
line 16 (c) “Fund” means the Affordable Housing Bond Act Trust Fund
line 17 of 2018 created pursuant to Section 54006.
line 18 54004. This part shall only become operative upon adoption
line 19 by the voters at the November 6, 2018, statewide general election.
line 20
line 21 Chapter 2. Affordable Housing Bond Act Trust Fund
line 22 of 2018 and Program
line 23
line 24 54006. The Affordable Housing Bond Act Trust Fund of 2018
line 25 is hereby created within the State Treasury. It is the intent of the
line 26 Legislature that the proceeds of bonds deposited in the fund shall
line 27 be used to fund the housing-related programs described in this
line 28 chapter. The proceeds of bonds issued and sold pursuant to this
line 29 part for the purposes specified in this chapter shall be allocated in
line 30 the following manner:
line 31 (a) One billion five hundred million dollars ($1,500,000,000)
line 32 to be deposited in the Multifamily Housing Account, which is
line 33 hereby created in the fund. Upon appropriation by the Legislature,
line 34 the moneys in the account may be appropriated for the Multifamily
line 35 Housing Program authorized by Chapter 6.7 (commencing with
line 36 Section 50675) of Part 2, to be expended to assist in the new
line 37 construction, rehabilitation, and preservation of permanent and
line 38 transitional rental housing for persons with incomes of up to 60
line 39 percent of the area median income (AMI).
99
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line 1 (b) Six hundred million dollars ($600,000,000) to be deposited
line 2 in the Transit-Oriented Development and Infill Infrastructure
line 3 Account, which is hereby created within the fund. The moneys in
line 4 the account shall be used for the following purposes:
line 5 (1) Two hundred million dollars ($200,000,000) to be deposited
line 6 into the Transit-Oriented Development Implementation Fund,
line 7 established pursuant to Section 53561, for expenditure, upon
line 8 appropriation by the Legislature, pursuant to the Transit-Oriented
line 9 Development Implementation Program authorized by Part 13
line 10 (commencing with Section 53560) to provide local assistance to
line 11 cities, counties, cities and counties, transit agencies, and developers
line 12 for the purpose of developing or facilitating the development of
line 13 higher density uses within close proximity to transit stations that
line 14 will increase public transit ridership. These funds may also be
line 15 expended for any authorized purpose of this program.
line 16 (2) Three hundred million dollars ($300,000,000) to be deposited
line 17 in the Infill Infrastructure Financing Account, which is hereby
line 18 created within the fund. Moneys in the account shall be available,
line 19 upon appropriation by the Legislature, pursuant to the Infill
line 20 Incentive Grant Program of 2007 established by Section 53545.13
line 21 for infill incentive grants to assist in the new construction and
line 22 rehabilitation of infrastructure that supports high-density affordable
line 23 and mixed-income housing in locations designated as infill,
line 24 including, but not limited to, any of the following:
line 25 (A) Park creation, development, or rehabilitation to encourage
line 26 infill development.
line 27 (B) Water, sewer, or other public infrastructure costs associated
line 28 with infill development.
line 29 (C) Transportation improvements related to infill development
line 30 projects.
line 31 (D) Traffic mitigation.
line 32 These funds may also be expended for any authorized purpose
line 33 of this program.
line 34 (3) One hundred million dollars ($100,000,000) to be deposited
line 35 into the Building Equity and Growth in Neighborhoods (BEGIN)
line 36 Program Fund, established pursuant to Section 50860, for
line 37 expenditure, upon appropriation by the Legislature, pursuant to
line 38 the BEGIN Program authorized by Chapter 14.5 (commencing
line 39 with Section 50860) of Part 2 to make grants to qualifying cities,
line 40 counties, or cities and counties that shall be used for downpayment
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line 1 assistance to qualifying first-time home buyers or low- and
line 2 moderate-income buyers purchasing newly constructed homes in
line 3 a BEGIN project. These funds may also be expended for any
line 4 authorized purpose of this program.
line 5 (c) Six hundred million dollars ($600,000,000) to be deposited
line 6 in the Special Populations Housing Account, which is hereby
line 7 created within the fund. The moneys in the account shall be used
line 8 for the following purposes:
line 9 (1) Three hundred million dollars ($300,000,000) to be deposited
line 10 in the Joe Serna, Jr. Farmworker Housing Grant Fund, established
line 11 pursuant to Section 50517.5, for expenditure, upon appropriation
line 12 by the Legislature, to fund grants or loans, or both, for local public
line 13 entities, nonprofit corporations, limited liability companies, and
line 14 limited partnerships, for the construction or rehabilitation of
line 15 housing for agricultural employees and their families or for the
line 16 acquisition of manufactured housing as part of a program to address
line 17 and remedy the impacts of current and potential displacement of
line 18 farmworker families from existing labor camps, mobilehome parks,
line 19 or other housing. These funds may also be expended for any
line 20 authorized purpose of this program.
line 21 (2) Three hundred million dollars ($300,000,000) to be deposited
line 22 in the Local Housing Trust Matching Grant Program Account,
line 23 which is hereby created within the fund. Moneys in the account
line 24 shall be available, upon appropriation by the Legislature, pursuant
line 25 to the Local Housing Trust Fund Matching Grant Program
line 26 established by Section 50842.2 to fund competitive grants or loans
line 27 to local housing trust funds that develop, own, lend, or invest in
line 28 affordable housing and used to create pilot programs to demonstrate
line 29 innovative, cost-saving approaches to creating or preserving
line 30 affordable housing. Local housing trust funds shall be derived on
line 31 an ongoing basis from private contribution or governmental sources
line 32 that are not otherwise restricted in use for housing programs. These
line 33 funds may also be expended for any authorized purpose of this
line 34 program.
line 35 (d) Three hundred million dollars ($300,000,000) to be deposited
line 36 in the Home Ownership Development Account, which is hereby
line 37 created within the fund. The moneys in the account shall be, upon
line 38 appropriation by the Legislature, available for the CalHome
line 39 Program authorized by Chapter 6 (commencing with Section
line 40 50650) of Part 2, to provide direct, forgivable loans to assist
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line 1 development projects involving multiple home ownership units,
line 2 including single-family subdivisions, for self-help mortgage
line 3 assistance programs, and for manufactured homes. These funds
line 4 may also be expended for any authorized purpose of this program.
line 5 54008. (a) The Legislature may, from time to time, amend
line 6 any law related to programs to which funds are, or have been,
line 7 allocated pursuant to this chapter for the purposes of improving
line 8 the efficiency and effectiveness of those programs or to further
line 9 the goals of those programs.
line 10 (b) The Legislature may amend this chapter to reallocate the
line 11 proceeds of bonds issued and sold pursuant to this part among the
line 12 programs to which funds are to be allocated pursuant to this chapter
line 13 as necessary to effectively promote the development of affordable
line 14 housing in this state.
line 15
line 16 Chapter 3. Fiscal Provisions
line 17
line 18 54010. Bonds in the total amount of three billion dollars
line 19 ($3,000,000,000), exclusive of refunding bonds issued pursuant
line 20 to Section 54026, or so much thereof as is necessary as determined
line 21 by the committee, are hereby authorized to be issued and sold for
line 22 carrying out the purposes expressed in this part and to reimburse
line 23 the General Obligation Bond Expense Revolving Fund pursuant
line 24 to Section 16724.5 of the Government Code. All bonds herein
line 25 authorized which have been duly issued, sold, and delivered as
line 26 provided herein shall constitute valid and binding general
line 27 obligations of the state, and the full faith and credit of the state is
line 28 hereby pledged for the punctual payment of both principal of and
line 29 interest on those bonds when due.
line 30 54012. The bonds authorized by this part shall be prepared,
line 31 executed, issued, sold, paid, and redeemed as provided in the State
line 32 General Obligation Bond Law (Chapter 4 (commencing with
line 33 Section 16720) of Part 3 of Division 4 of Title 2 of the Government
line 34 Code), except subdivisions (a) and (b) of Section 16727 of the
line 35 Government Code to the extent that those provisions are
line 36 inconsistent with this part, and all of the provisions of that law as
line 37 amended from time to time apply to the bonds and to this part,
line 38 except as provided in Section 54028, and are hereby incorporated
line 39 in this part as though set forth in full in this part.
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line 1 54014. (a) Solely for the purpose of authorizing the issuance
line 2 and sale, pursuant to the State General Obligation Bond Law, of
line 3 the bonds authorized by this part, the committee is continued in
line 4 existence. For the purposes of this part, the Housing Finance
line 5 Committee is “the committee” as that term is used in the State
line 6 General Obligation Bond Law.
line 7 (b) The committee may adopt guidelines establishing
line 8 requirements for administration of its financing programs to the
line 9 extent necessary to protect the validity of, and tax exemption for,
line 10 interest on the bonds. The guidelines shall not constitute rules,
line 11 regulations, orders, or standards of general application and are not
line 12 subject to Chapter 3.5 (commencing with Section 11340) of Part
line 13 1 of Division 3 of Title 2 of the Government Code.
line 14 (c) For the purposes of the State General Obligation Bond Law,
line 15 the Department of Housing and Community Development is
line 16 designated the “board” for programs administered by the
line 17 department, and the California Housing Finance Agency is the
line 18 “board” for programs administered by the agency.
line 19 54016. Upon request of the board stating that funds are needed
line 20 for purposes of this part, the committee shall determine whether
line 21 or not it is necessary or desirable to issue bonds authorized pursuant
line 22 to this part in order to carry out the actions specified in Section
line 23 54006, and, if so, the amount of bonds to be issued and sold.
line 24 Successive issues of bonds may be authorized and sold to carry
line 25 out those actions progressively, and are not required to be sold at
line 26 any one time. Bonds may bear interest subject to federal income
line 27 tax.
line 28 54018. There shall be collected annually, in the same manner
line 29 and at the same time as other state revenue is collected, a sum of
line 30 money in addition to the ordinary revenues of the state, sufficient
line 31 to pay the principal of, and interest on, the bonds each year. It is
line 32 the duty of all officers charged by law with any duty in regard to
line 33 the collections of state revenues to do or perform each and every
line 34 act which is necessary to collect that additional sum.
line 35 54020. Notwithstanding Section 13340 of the Government
line 36 Code, there is hereby appropriated from the General Fund in the
line 37 State Treasury, for the purposes of this part, an amount that will
line 38 equal the total of both of the following:
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line 1 (a) The sum annually necessary to pay the principal of, and
line 2 interest on, bonds issued and sold pursuant to this part, as the
line 3 principal and interest become due and payable.
line 4 (b) The sum which is necessary to carry out Section 54024,
line 5 appropriated without regard to fiscal years.
line 6 54022. The board may request the Pooled Money Investment
line 7 Board to make a loan from the Pooled Money Investment Account,
line 8 in accordance with Section 16312 of the Government Code, for
line 9 purposes of this part. The amount of the request shall not exceed
line 10 the amount of the unsold bonds that the committee has, by
line 11 resolution, authorized to be sold, excluding any refunding bonds
line 12 authorized pursuant to Section 54026, for purposes of this part,
line 13 less any amount withdrawn pursuant to Section 54024. The board
line 14 shall execute any documents as required by the Pooled Money
line 15 Investment Board to obtain and repay the loan. Any amount loaned
line 16 shall be deposited in the fund to be allocated in accordance with
line 17 this part.
line 18 54024. For purposes of carrying out this part, the Director of
line 19 Finance may, by executive order, authorize the withdrawal from
line 20 the General Fund of any amount or amounts not to exceed the
line 21 amount of the unsold bonds that the committee has, by resolution,
line 22 authorized to be sold, excluding any refunding bonds authorized
line 23 pursuant to Section 54026, for purposes of this part, less any
line 24 amount withdrawn pursuant to Section 54022. Any amounts
line 25 withdrawn shall be deposited in the fund to be allocated in
line 26 accordance with this part. Any moneys made available under this
line 27 section shall be returned to the General Fund, plus the interest that
line 28 the amounts would have earned in the Pooled Money Investment
line 29 Account, from moneys received from the sale of bonds which
line 30 would otherwise be deposited in that fund.
line 31 54026. The bonds may be refunded in accordance with Article
line 32 6 (commencing with Section 16780) of Chapter 4 of Part 3 of
line 33 Division 4 of Title 2 of the Government Code. Approval by the
line 34 electors of this act shall constitute approval of any refunding bonds
line 35 issued to refund bonds issued pursuant to this part, including any
line 36 prior issued refunding bonds. Any bond refunded with the proceeds
line 37 of a refunding bond as authorized by this section may be legally
line 38 defeased to the extent permitted by law in the manner and to the
line 39 extent set forth in the resolution, as amended from time to time,
line 40 authorizing that refunded bond.
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line 1 54028. Notwithstanding any provisions in the State General
line 2 Obligation Bond Law, the maturity date of any bonds authorized
line 3 by this part shall not be later than 35 years from the date of each
line 4 such bond. The maturity of each series shall be calculated from
line 5 the date of each series.
line 6 54030. The Legislature hereby finds and declares that,
line 7 inasmuch as the proceeds from the sale of bonds authorized by
line 8 this part are not “proceeds of taxes” as that term is used in Article
line 9 XIII B of the California Constitution, the disbursement of these
line 10 proceeds is not subject to the limitations imposed by that article.
line 11 54032. Notwithstanding any provision of the State General
line 12 Obligation Bond Law with regard to the proceeds from the sale of
line 13 bonds authorized by this part that are subject to investment under
line 14 Article 4 (commencing with Section 16470) of Chapter 3 of Part
line 15 2 of Division 4 of Title 2 of the Government Code, the Treasurer
line 16 may maintain a separate account for investment earnings, may
line 17 order the payment of those earnings to comply with any rebate
line 18 requirement applicable under federal law, and may otherwise direct
line 19 the use and investment of those proceeds so as to maintain the
line 20 tax-exempt status of tax-exempt bonds and to obtain any other
line 21 advantage under federal law on behalf of the funds of this state.
line 22 54034. All moneys derived from premiums and accrued interest
line 23 on bonds sold pursuant to this part shall be transferred to the
line 24 General Fund as a credit to expenditures for bond interest;
line 25 provided, however, that amounts derived from premiums may be
line 26 reserved and used to pay the costs of issuance of the related bonds
line 27 prior to transfer to the General Fund.
line 28 SEC. 3. Section 2 of this act shall become operative upon the
line 29 adoption by the voters of the Affordable Housing Bond Act of
line 30 2018.
line 31 SEC. 4. Section 2 of this act shall be submitted by the Secretary
line 32 of State to the voters at the November 6, 2018, statewide general
line 33 election.
line 34 SEC. 5. This act is an urgency statute necessary for the
line 35 immediate preservation of the public peace, health, or safety within
line 36 the meaning of Article IV of the Constitution and shall go into
line 37 immediate effect. The facts constituting the necessity are:
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line 1 In order to maximize the time available for the analysis and
line 2 preparation of the bond act proposed by Section 2 of this act, it is
line 3 necessary that this act take effect immediately.
O
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2017
STATE LEGISLATIVE
PLATFORM
Contra Costa County
January 17, 2017
Attachment C
Page 36 of 104
Contra Costa County 1
Table of Contents
COUNTY-SPONSORED LEGISLATION ............................................................................................... 2
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES ............................................................. 2
STATE PLATFORM POLICY POSITIONS .......................................................................................... 5
Agriculture ................................................................................................................................................ 5
Animal Services ........................................................................................................................................ 6
Child Support Services .............................................................................................................................. 7
Climate Change ......................................................................................................................................... 8
Delta Water Platform ................................................................................................................................ 9
Elections .................................................................................................................................................... 9
Emergency Preparedness, Emergency Response ...................................................................................... 9
Eminent Domain ..................................................................................................................................... 10
Flood Control and Clean Water .............................................................................................................. 10
General Revenues/Finance ...................................................................................................................... 11
Health Care ............................................................................................................................................. 13
Human Services ...................................................................................................................................... 19
Indian Gaming......................................................................................................................................... 25
Land Use/Community Development....................................................................................................... 26
Law and Justice System .......................................................................................................................... 28
Levees ..................................................................................................................................................... 29
Library………………………………………………………………………………………………….. 31
Pipelines……………………………………………………………………………………………….. 31
Telecommunications and Broadband ...................................................................................................... 32
Transportation ......................................................................................................................................... 33
Veterans .................................................................................................................................................. 35
Waste Management ................................................................................................................................. 36
Workforce Development ......................................................................................................................... 37
Attachment C
Page 37 of 104
Adopted 2017 Platform January 17, 2017 2
2017 STATE LEGISLATIVE PLATFORM
CONTRA COSTA COUNTY
Each year, the Board of Supervisors adopts a State Legislative Platform that establishes
priorities and policy positions with regard to potential State legislation and regulation. The
State Legislative Platform includes County-sponsored bill proposals, legislative or regulatory
advocacy priorities for the year, and policies that provide direction and guidance for
identification of and advocacy on bills which would affect the services, programs or finances of
Contra Costa County.
COUNTY-SPONSORED LEGISLATION
Authorizing/Enabling Legislation Regarding Title 5, California Code of Regulations
(School Facilities Construction)
The County has been engaged in advocating for the reform of school siting policies for a number
of years. Late in 2016 the California Department of Education (CDE) announced an effort to
revise Title 5 to, among other things, “align school facilities and siting policies with state
sustainability goals…” In meeting with CDE staff and our Legislative Delegation over the past 5
years it has become apparent that in order to revise Title 5 such that requirements (as opposed to
guidance) can be established, a legislative solution may be necessary.
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
Each year, issues emerge through the legislative process that are of importance to the County
and require advocacy efforts. For 2017, it is anticipated that critical issues requiring legislative
advocacy will include the following:
Priority 1: State Budget – The state’s continuing economic recovery, prior budget cuts, and the
additional, temporary taxes provided by Proposition 30 have combined to bring the State Budget
to a much improved financial condition. While the Governor's Budget identifies cost pressures
and budget risks in health and human services programs, of particular concern to counties is the
inadequate reimbursement for our ever-increasing cost of operating several human services
programs: the “Human Services Funding Deficit,” formerly referred to as the “Cost of Doing
Business.” The annual shortfall between actual county expenses and state reimbursement has
grown to over $1 billion since 2001, creating a de facto cost shift to counties. The funding gap
forces counties to reduce services to vulnerable populations and/or divert scarce county resources
from other critical local services. It also increases the risk of state and federal penalties.
Priority 2: Health Care – Counties play a critical role in California’s health reform efforts.
Counties serve as employers, payers, and providers of care to vulnerable populations.
Consequently, counties stand ready to actively participate in discussions of how to best reform
and preserve the health care system in California and implement the national health care reform
legislation passed in 2010, The Patient Protection and Affordable Care Act (ACA).
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Contra Costa County 3
The optional Medi-Cal Expansion, in effect on Jan. 1, 2014, was a significant part of the State
Budget process in 2013. The ACA had required states to expand Medicaid programs to allow
childless adults at or below 138 percent of poverty to be eligible for Medicaid (known as Medi-
Cal in California). The Supreme Court struck down that mandate but allowed it to be an option
for states, which California exercised.
However, significant unknowns remain including questions about the actual impact of the ACA
coverage expansions on counties and the number of uninsured individuals to whom counties will
still need to provide services. Counties will retain the Section 17000 responsibility, and there
will be significant variations in the impacts of both the ACA and AB 85 for the different types of
counties: county hospital (12 counties including Contra Costa County), payor/clinic and County
Medical Services Program (CMSP) counties.
In the coming year, the County will continue to work on the implementation of required health
care reform measures to maximize federal revenue. The County will support efforts to provide
counties with the necessary tools to implement health care reform which may include performing
eligibility and enrollment, preserving existing county resources from 1991 Realignment,
providing for a smooth transition for the various operational systems, and supporting legislation
to ensure that low-income families are covered under the Affordable Care Act while opposing
legislation which would reduce Medi-Cal eligibility. In addition, the County will continue to
work to reduce uncompensated health care costs, work on the adequacy of rates under the new
health care system, and advocate for adequate state funding for community-based health and
social service networks to improve service coordination, health outcomes and quality of life.
Priority 3: Water and Levees /The Sacramento-San Joaquin Delta – The enactment of the
Delta Reform Act (2009), a bill that established the co-equal goals for reliable water supply and
ecosystem restoration for the Delta, created the Delta Stewardship Council, and supported the
proposed Bay Delta Conservation Plan (BDCP) --an effort to construct a pair of massive tunnels
under the Delta-- will bring significant, large-scale change to the Delta as we know it. The scope
and content of these changes, as well as enduring political battles between northern and southern
California over water, will continue to guide legislative and administrative agendas in the
coming year. Enabling legislation was also passed in 2009 for a state water bond, which was
delayed from the 2010 and 2012 ballots but successfully passed on the 2014 state ballot, as
Proposition 1.
Significant future impacts on the County in the areas of water quality and supply, levee stability,
ecosystem health, local land use authority and flood control are anticipated.
Particular areas of concern for 2017 include, but are not limited to: (1) the ongoing development
of the BDCP project, now recast as the California WaterFix (CWF) and whether the state water
bond appropriates funds specific to the BDCP/CWF; and (2) the impacts of the Delta Plan on
local land use authority, efforts to expedite state bond funding for levee improvement projects,
and the development of flow standards that will impact water quality and ecosystem health in the
Delta. The County’s adopted Delta Water Platform, as well as the Strategic and Action Plans, are
incorporated in this Platform by reference.
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Adopted 2017 Platform January 17, 2017 4
Priority 4: Realignment Implementation – The battle for constitutional protections for 2011
Realignment concluded successfully on November 6, 2012 when Proposition 30 was passed by
the voters. Proposition 30 provides constitutional guarantees to the funding that supports
Realignment and safeguards against future program expansion without accompanying funding.
With these provisions in place, Contra Costa County can continue to implement the array of
programs transferred under 2011 Realignment, confident that funding is secure and
programmatic responsibilities are defined. However, the County remains concerned that the
funding is not sufficient and is also concerned about liability issues arising from the new
responsibilities.
Any future proposals to realign programs to counties must have constitutionally guaranteed
ongoing funding and protections. The County will oppose any proposals that will transfer
additional program responsibility to counties without funding, constitutional protections, county
participation and approval. The County will also oppose efforts that limit county flexibility in
implementing programs and services realigned in 2011 or infringe upon our ability to innovate
locally. The County resolves to remain accountable to our local constituents in delivering high-
quality programs that efficiently and effectively respond to local needs. Further, we support
counties’ development of appropriate measures of local outcomes and dissemination of best
practices.
With regard to Public Safety realignment, counties have received parolees whose latest crime fits
the specified “non-violent, non-serious, non-sex offender” (N3) definition but who have a
criminal background that includes violent, serious and/or sexual crimes. Under the current
legislation, the person’s latest offense/crime determines if they meet the N3 criteria. These
individuals should stay under the responsibility of the state.
The County will also support efforts to provide additional funding/grants to those counties that
have a commitment to lowering the crime rate and reducing recidivism through the provision of
innovative, comprehensive, evidence-based programs for offender populations and their families.
The County will also continue to support efforts to ensure that the receipt of Local Community
Corrections Funds matches the amounts anticipated from the state, without undue delay. Finally,
the County also supports more funding for mental health and behavioral health programs and
facilities in order to meet the requirements of Realignment and the goal of reducing recidivism.
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Contra Costa County 5
STATE PLATFORM POLICY POSITIONS
A brief background statement accompanies policy positions that are not self-evident. Explanatory notes
are included either as the preface to an issue area or following a specific policy position. Please note that
new and revised policy positions are highlighted. The rationale for the policy position is italicized.
Agriculture
1. SUPPORT efforts to ensure sufficient State funding for pest and disease control and
eradication efforts to protect both agriculture and the native environment, including
glassy-winged sharpshooter, light brown apple moth, and Japanese dodder activities; high
risk pest exclusion activities; pesticide regulatory and law enforcement activities; and
noxious weed pest management. Agriculture is an important industry in Contra Costa
County. Protection of this industry from pests and diseases is important for its continued
viability.
2. SUPPORT continued appropriations for regulation and research on sudden oak death, a
fungal disease affecting many species of trees and shrubs in native oak woodlands. The
County’s natural environment is being threatened by this disease.
3. SUPPORT funding for agricultural land conservation programs and agricultural
enterprise programs, and support revisions to State school siting policies, to protect and
enhance the viability of local agriculture. The growth in East County and elsewhere has
put significant pressure on agricultural lands, yet agriculture is important not only for its
production of fresh fruits, vegetables and livestock, but also as a source of open space.
4. SUPPORT legislation to establish legal authority where needed to facilitate the efforts by
the California Department of Food and Agriculture and the Department of Boating and
Waterways to survey and treat all infestations of the South American spongeplant and to
rid the Delta of this and other invasive aquatic species through integrated pest
management methods. Invasive aquatic species are a threat to agriculture, the
environment and recreation in the Delta. This position includes support for efforts by the
Department of Boating and Waterways to secure multi-year permits for eradication of
multiple invasive aquatic plant species in the Sacramento-San Joaquin Delta, its
tributaries, and its marshes.
5. SUPPORT the CSAC policy statement regarding revisions to the California Conservation
Act of 1965 (the Williamson Act) to support legislative changes that preserve the
integrity of the Williamson Act, eliminate abuses resulting in unjustified and premature
conversions of contracted land for development, and to fully restore Williamson Act
subventions. The state subventions to counties also must be revised to recognize all local
tax losses.
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Adopted 2017 Platform January 17, 2017 6
Animal Services
6. SUPPORT efforts to protect local revenue sources designated for use by the Animal
Services Department; i.e., animal licensing, fines and fees. Fines, fees, and licensing are
major sources of revenue for the Animal Services Department. The demand for animal
services is increasing each year as does the demand on the General Fund. It is important
to protect these revenue sources to continue to provide quality animal service and to meet
local needs.
7. SUPPORT efforts to protect or increase local control and flexibility over the scope and
level of animal services. Local control over the scope of animal services is necessary to
efficiently address public safety and other community concerns. Local control affords
jurisdictions the ability to tailor animal service programs to fit their communities.
Animal related issues in dense urban areas vary from those in small, affluent
communities.
8. SUPPORT efforts to protect against unfunded mandates in animal services or mandates
that are not accompanied by specific revenue sources which completely offset the costs
of the new mandates, both when adopted and in future years. Unfunded mandates drain
our limited fiscal resources and, at the same time, chip away at local control over the
scope and level of services.
9. SUPPORT efforts to ensure full funding of State animal services mandates, including
defense of the Department of Finance’s lawsuit against the State Commission on
Mandates regarding the State obligations for reimbursement of local costs for animal
services incurred in compliance with SB 1785. The County invested large sums of money
to comply with SB 1785, with the assurance that our cost would be offset by
reimbursements from the State. Failure by the State to honor the reimbursements
negatively impacts the County General Fund and Animal Services’ budget.
10. SUPPORT efforts to protect and/or increase County flexibility to provide animal services
consistent with local needs and priorities. The demand for quality animal service
programming continues to increase each year. The County is experiencing population
growth and changing demographics. It is incumbent upon the Animal Services
Department to be flexible enough to adjust to the changing needs and priorities.
11. SUPPORT efforts to preserve the integrity of existing County policy relating to Animal
Services (e.g., the Animal Control Ordinance and land use requirements). Contra Costa
is looked upon as one of the model Animal Services Departments in the state. Its policies,
procedures, and ordinances are the yardstick against which other Animal Control
organizations are measured. The local control exercised by the Board of Supervisors is
key to that hallmark.
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Contra Costa County 7
Child Support Services
12. SUPPORT the establishment of a statewide electronic registry for the creation and
release/satisfaction of liens placed on property of a non-custodial parent as necessary to
collect delinquent child support payments. California law currently provides that
recording an abstract or notice of support judgment with a County Recorder creates a
lien on real property. This requires recording the judgment in each of the 58 counties in
order not to miss a property transaction. An electronic registry would simplify not only
the creation of liens but also the release/satisfaction of liens because there would be a
single statewide point of contact, and the entire process would be handled electronically
through automated means.
13. SUPPORT amendment of current law that states that documents completed and recorded
by a local child support agency may be recorded without acknowledgement (notarization)
to clarify that the exception is for documents completed or recorded by a local child
support agency. This amendment clarifies that documents that are prepared by the local
child support agency and then sent for recording either by the local child support agency
or by the obligor (non-custodial parent) or by a title insurance company are covered by
the exemption, a technical point not acknowledged by all county recorder offices.
14. SUPPORT efforts to simplify the court process for modifying child support orders by the
court by requiring court appearances only when one of the parties objects to the
modification. Currently, establishment of parentage and support by the court is
permitted without court appearance if both parties are in agreement. A similar process
for modification would reduce court time, the workload of all involved agencies and
parties, and streamline the process.
15. SUPPORT efforts to ensure that the reduction to the California Department of Child
Support Services is not passed down as a reduction to the local program.
16. SUPPORT efforts that would require the Department of Child Support Services to
provide any notice form, information, or document that is required or authorized to be
given, distributed, or provided to an individual, a customer, or a member of the public to
be given, distributed, or provided in a digitized form, and by any means the Department
determines is feasible, including, but not limited to, e-mail or by means of a website.
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Adopted 2017 Platform January 17, 2017 8
Climate Change
17. SUPPORT the CSAC Climate Change Policy Statements and Principles which address a
broad range of issues affected by climate change, including water, air quality, agriculture,
forestry, land use, solid waste, energy and health. The document is largely based on
existing CSAC policy and adapted to climate change. Additionally, the document
contains a set of general principles which establish local government as a vital partner in
the climate change issue and maintain that counties should be an active participant in the
discussions in the development of greenhouse gas reduction strategies underway at the
state and regional level.
18. SUPPORT efforts to ensure that the implementation of AB 32 results in harmony
between the greenhouse gas reduction target created by the Air Resources Board for each
regional/local agency, the housing needs numbers provided by the state Department of
Housing and Community Development pursuant to housing element law, and the
Sustainable Communities Strategy developed through the Regional Transportation Plan
processes.
19. SUPPORT legislative or administrative efforts that favor allocation of funding from the
California Greenhouse Gas Cap and Trade Program to jurisdictions that are the largest
emitters of greenhouse gas, have disadvantaged communities that are disproportionately
affected by environmental pollution, have Natural Community Conservation Plans or
similar land conservation efforts that will address climate change and have demonstrated
a local commitment to climate protection (e.g. established emissions reduction targets,
prepared Climate Action Plans, etc.). The County has several good projects that would
sequester carbon, such as Creek and wetland restoration projects.
20. SUPPORT efforts to ensure life-cycle costs are considered when planning new projects in
the state. A key challenge for State and local agencies is funding the ongoing operation
and maintenance of infrastructure. This includes all aspects of the built environment:
buildings, roads, parks, and other infrastructure. As California begins to implement more
aggressive climate goals, the State should be thinking about new methodologies for
anticipating project costs. In particular, it is evident that California will need a different
transportation system than the one we have currently, and that this new transportation
system will be more expensive to maintain. Traditional accounting methods that look only
at initial project cost lead to situations where infrastructure fails, at greater replacement
cost than if ongoing operation and maintenance had been included from the beginning.
This would include methodologies for internalizing the social and environmental costs of
projects.
21. SUPPORT revisions to the Public Resources Code and the Air Resources Board’s
Investment Plans to provide Cap and Trade funding for the conservation of natural lands,
parks and open space through fee title acquisition as well as easements.
22. OPPOSE changes to the California Environmental Protection Agency’s protocols for
designating disadvantaged communities which result in a reduction in the number or size
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Contra Costa County 9
of disadvantaged communities in Contra Costa County. Disadvantaged communities are
prioritized for receipt of Greenhouse Gas Reduction Funds, the funding source for a
number of state grant programs. Contra Costa County has a number of communities and
neighborhoods that are economically and socially disadvantaged and located near large,
current and former industrial sites. These industrial operations contribute through the
Cap and Trade program to the Greenhouse Gas Reduction Fund. The state designations
should continue to reflect the disproportionally acute needs of these communities.
Delta Water Platform
To protect the Sacramento-San Joaquin Delta from various detrimental forces that are
affecting its health and resources, it is the policy of Contra Costa County to support
implementation of projects and actions that will help improve the Delta ecosystem and
the economic conditions of the Delta. Contra Costa County has adopted a Delta Water
Platform to identify and promote activities and policy positions that support the creation
of a healthy Sacramento-San Joaquin Delta. Contra Costa County will use this Platform
to guide its own actions and advocacy in other public venues regarding the future of the
Delta.
Elections
23. SUPPORT legislation to adjust precinct sizing from 1,000 voters per precinct to 1,250
voters per precinct. With the option of being able to have up to 1,250 voters per precinct,
the best polling locations in a neighborhood can be selected, and that same site is more
likely to be used for several elections, thus avoiding the need to change poll sites for
voters.
24. SUPPORT full state reimbursement for state mandates imposed upon local registrars by
the Secretary of State, including special state elections. The state has committed to
reimburse Counties for the cost of certain state mandates. That reimbursement process,
SB 90, can be lengthy and contentious. The SB 90 process is also subject to uncertainties
including partial payments, delayed payments, and now, suspended or no payments. In
lieu of the SB 90 process for Elections, there is merit in the examination of having the
state pay its pro-rata share of costs when state candidates/measures are on the ballot.
Emergency Preparedness, Emergency Response
25. SUPPORT legislation that would give local agencies more authority to train volunteers,
provide funding for Community Emergency Response Training (CERT), and help clean-
up oil spills without taking on additional legal liability.
26. SUPPORT legislation that would require the state’s Oil Spill Prevention and Response
Agency to improve communication and clean-up technology, increase safety standards
for ships and establish special protections for ecologically sensitive areas.
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27. SUPPORT legislation that would require responses to future oil spills in a shorter
timeframe, with a more regional approach.
28. SUPPORT measures that enable counties and other local agencies to better exercise their
responsibilities to plan for and respond to emergencies and disasters without taking on
additional legal liability and oppose those that do not recognize or support the county and
local agency role in the State’s Standardized Emergency Management System.
29. SUPPORT legislation or other measures requiring the creation or utilization of
emergency rock stockpiles suitable for levee repair throughout the Delta, enabling
increasingly efficient and less costly prevention of levee breaks and enhancement of
initial response capabilities.
30. SUPPORT legislation that expands school safety improvement programs such as
education regarding and placement of automated external defibrillator(s) (AED(s)) in
schools.
Eminent Domain
31. SUPPORT legislation that maintains the distinction in the California Constitution
between Section 19, Article I, which establishes the law for eminent domain, and Section
7, Article XI, which establishes the law for legislative and administrative action to protect
the public health, safety, and welfare.
32. SUPPORT legislation that would provide a comprehensive and exclusive basis in the
California Constitution to compensate property owners when property is taken or
damaged by state or local governments, without affecting legislative and administrative
actions taken to protect the public health, safety, and welfare.
Flood Control and Clean Water
33. SUPPORT authorization for regional approaches to comply with aquatic pesticide permit
issues under the purview of the State Water Resources Control Board. Contra Costa
County entered into an agreement with a neighboring county and several cities to share
the costs of monitoring. While it makes sense for local government to pool resources to
save money, State Board regulations make regional monitoring infeasible.
34. SUPPORT efforts to provide local agencies with more flexibility and options to fund
stormwater programs. Stormwater permit requirements issued by the Regional Water
Quality Control Boards are becoming more and more expensive, yet there is no funding.
Stormwater services, encompassing both water quality and drainage/flood control, could
be structured like a utility with the ability to set rates similar to the other two key water
services: drinking water and wastewater.
35. SUPPORT efforts to provide immunity to local public agencies for any liability for their
clean-up of contaminations on private lands. This will be more critical as the Regional
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Water Quality Control Boards institute Total Maximum Daily Loads, which establish a
maximum allowable amount of a pollutant (like mercury) in the stormwater from a
watershed.
36. SUPPORT efforts to require the Department of Water Resources (DWR) to provide 200
year flood plain mapping for all areas in the legal Delta. SB 5 requires the County and
cities in the Delta to insure certain development projects must have 200 year level of
protection and to make certain related findings. DWR has revisited developing 200-year
flood plain maps, but if they do, only working in areas protected by project levees which
does not include any areas within Contra Costa County.
37. SUPPORT legislation to enable Zone 7 Water Agency to become a new public agency,
separate and apart from the Alameda County Flood Control and Water Conservation
District, with territory in both Alameda and Contra Costa counties and the power to
provide specific services, insofar as the legislation is guided by adopted Principles of
Understanding.
General Revenues/Finance
As a political subdivision of the State, many of Contra Costa County’s services and programs are the
result of state statute and regulation. The State also provides a substantial portion of the County’s
revenues. However, the State has often used its authority to shift costs to counties and to generally put
counties in the difficult position of trying to meet local service needs with inadequate resources. While
Proposition 1A provided some protections for counties, vigilance is necessary to protect the fiscal
integrity of the County.
38. SUPPORT the State's effort to balance its budget through actions that do not adversely
affect County revenues, services or ability to carry out its governmental responsibilities.
39. OPPOSE any state-imposed redistribution, reduction or use restriction on general purpose
revenue, sales taxes or property taxes unless financially beneficial to the County. (Note
that a redistribution of sales and property tax may be beneficial to Contra Costa County
in the event that sales tax growth lags behind property tax growth.)
40. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT).
41. OPPOSE any efforts to increase the County's share-of-cost, maintenance-of-effort
requirements or other financing responsibility for State mandated programs absent new
revenues sufficient to meet current and future program needs.
42. SUPPORT efforts to ensure that Contra Costa County receives its fair share of State
allocations, including mental health funding under Proposition 63 and pass-through of
federal funds for anti-terrorism and homeland security measures. The State utilizes a
variety of methods to allocate funds among counties, at times detrimental to Contra
Costa County.
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43. SUPPORT efforts to receive reimbursement for local tax revenues lost pursuant to sales
and property tax exemptions approved by the Legislature and the State Board of
Equalization.
44. SUPPORT continued efforts to reform the state/local relationship in a way that makes
both fiscal and programmatic sense for local government and conforms to the adopted
2010 CSAC Realignment Principles, with an emphasis on maximum flexibility for
counties to manage the existing and realigned discretionary programs.
45. SUPPORT efforts to relieve California of the federal Child Support penalties without
shifting the cost of the penalties to the counties.
46. SUPPORT a reduction in the 2/3rd vote requirement to 55% voter approval for locally-
approved special taxes that fund health, education, economic, stormwater services,
library, transportation and/or public safety programs and services.
47. SUPPORT efforts to authorize counties to impose forfeitures for violations of ordinances,
as currently authorized for cities. This would provide the County with the opportunity to
require deposits to assure compliance with specific ordinance requirements as well as
retain the deposit if the ordinance requirements are not met. Currently, the County is
limited to imposing fines which are limited to only $100 - $200 for the first violation,
which has proven to be an ineffective deterrent in some cases.
48. SUPPORT efforts to redefine the circumstances under which commercial and industrial
property is reassessed to reduce the growing imbalance between the share of overall
property tax paid by residential property owners versus commercial/industrial owners.
49. SUPPORT efforts to reduce County costs for Workers’ Compensation, including the
ability to control excessive medical utilization and litigation. Workers’ Compensation
costs are significant, diverting funds that could be utilized for County services. Workers’
Compensation should provide a safety net for injured employees, for a reasonable period
of time, and not provide an incentive for employees to claim more time than medically
necessary.
50. SUPPORT state actions that maximize Federal and State revenues for county-run
services and programs.
51. SUPPORT legislative compliance with both the intent and language of Proposition 1A.
52. SUPPORT the provisions of Proposition 22 that would protect County revenues,
particularly as related to transportation revenues and excluding those provisions related to
redevelopment funds.
53. SUPPORT full State funding of all statewide special elections, including recall elections.
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54. OPPOSE efforts of the State to avoid state mandate claims through the practice of
repealing the statues, then re-enacting them. In 2005, the State Legislature repealed
sections of the Brown Act that were subject to mandate claims, then re-enacted the same
language pursuant to a voter-approval initiative, and therefore, not subject to mandate
claims.
55. SUPPORT strong Public Utilities Commission (PUC) oversight of state-franchised
providers of cable and telecommunications services, including rigorous review of
financial reports and protection of consumer interests. AB 2987 (Núñez), Chapter 700,
statutes of 2006 transferred regulatory oversight authority from local government to the
PUC.
56. SUPPORT timely, full payments to counties by the State for programs operated on their
behalf or by mandate. The State currently owes counties over $1 billion in State General
Funds for social services program costs dating back to FY 2002-03.
57. SUPPORT full State participation in funding the County’s retiree and retiree health care
unfunded liability. Counties perform most of their services on behalf of the State and
Federal governments. Funding of retiree costs should be the responsibility of the State,
to the same extent that the State is responsible for operational costs.
58. SUPPORT legislation that provides constitutional protections and guaranteed funding to
counties under Realignment.
Health Care
The County remains concerned about the implementation of any health care reform measures that could transfer
responsibility to counties, without commensurate financing structures or in a manner not compatible with the
County’s system. The County supports a concept of universal health coverage for all Californians. Toward that end,
the County urges the state to enact a system of health coverage and care delivery that builds upon the strengths of
the current systems in our state, including county-operated systems serving vulnerable populations.
Currently, California has a complex array of existing coverage and delivery systems that serve many, but not all,
Californians. Moving this array of systems into a universal coverage framework is a complex undertaking that
requires sound analysis, thoughtful and deliberative planning, and a multi-year implementation process. As
California moves forward with health care reform, the County urges the state to prevent reform efforts from
exacerbating problems with existing service and funding. The state must also consider the differences across
California counties and the impacts of reform efforts on the network of safety-net providers, including county
providers. The end result of health reform must provide a strengthened health care delivery system for all
Californians, including those served by the safety net.
59. SUPPORT state action to increase health care access and affordability. Access to care
and affordability of care are critical components of any health reform plan. Expanding
eligibility for existing programs will not provide access to care in significant areas of the
state. Important improvements to our current programs, including Medi-Cal, must be
made either prior to, or in concert with, a coverage expansion in order to ensure access.
Coverage must be affordable for all Californians to access care.
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60. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate
in the program.
61. SUPPORT actions that address provider shortages (including physicians, particularly
specialists, and nurses). Innovative programs, such as loan forgiveness programs, should
be expanded. In an effort to recruit physicians from other states, the licensing and
reciprocity requirements should be re-examined. Steps should be taken to reduce the
amount of time it takes to obtain a Medi-Cal provider number (currently six to nine
months).
62. SUPPORT efforts that implement comprehensive systems of care, including case
management, for frequent users of emergency care and those with chronic diseases and/or
dual (or multiple) diagnoses. Approaches should include community-based providers and
could be modeled after current programs in place in safety net systems.
63. SUPPORT efforts that provide sufficient time for detailed data gathering of current safety
funding in the system and the impact of any redirection of funds on remaining county
responsibilities. The interconnectedness of county indigent health funding to public
health, correctional health, mental health, alcohol and drug services and social services
must be fully understood and accounted for in order to protect, and enhance as
appropriate, funding for these related services.
64. OPPOSE safety net funding transfers until an analysis of who would remain uninsured
(e.g. medically indigent adults, including citizens, who cannot document citizenship
under current Medicaid eligibility rules) is completed in order to adequately fund services
for these populations.
65. SUPPORT efforts to clearly define and adequately fund remaining county
responsibilities.
66. SUPPORT state action to provide an analysis of current health care infrastructure
(facilities and providers), including current safety net facilities across the state, to ensure
that there are adequate providers and health care facilities (including recovery facilities),
and that they can remain viable after health reform.
67. SUPPORT efforts to provide adequate financing for health care reforms to succeed.
68. SUPPORT measures that maximize federal reimbursement from Medicaid and S-CHIP.
69. SUPPORT state action to complete actuarial studies on the costs of transferring indigent
populations, who currently receive mostly episodic care, to a coverage model to ensure
that there is adequate funding in the model.
70. SUPPORT efforts that ensure that safety net health care facilities remain viable during
the transition period and be supported afterwards based on analyses of the changing
health market and of the remaining safety net population.
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71. SUPPORT state action to implement a Medi-Cal waiver in a manner that maximizes the
drawdown of federal funds for services and facilities, provides flexibility, and ensures
that counties receive their fair share of funding.
72. SUPPORT efforts to increase revenues and to contain mandated costs in the County's
hospital and clinics system.
73. SUPPORT efforts to obtain a fair-share of any state funds in a distribution of funding for
the integration of IHSS and managed care.
74. SUPPORT efforts to increase the availability of health care (including alcohol and other
drugs recovery) to the uninsured in California, whether employed or not.
75. SUPPORT legislation that improves the quality of health care, whether through the use of
technology, innovative delivery models or combining and better accessing various
streams of revenue, including but not limited to acute and long term care integration.
76. SUPPORT legislation to protect safety net providers, both public and private. Legislation
should focus on stabilizing Medi-Cal rates and delivery modes and should advocate that
these actions are essential to the success of any effort to improve access and make health
care more affordable.
77. SUPPORT efforts that allow counties to draw down federal Medicaid funds for providing
confidential alcohol and drug screening and brief intervention services to pregnant
women and women of childbearing age who also qualify for Medi-Cal benefits.
78. SUPPORT state efforts to increase the scope of benefits and reimbursement rates
contained in Minor Consent Medi-Cal to give youth suffering from substance abuse
disorders access to a continuum of care, including residential and one-on-one outpatient
treatment.
79. SUPPORT efforts to give incentives to providers to establish more youth-driven
treatment facilities within the community.
80. SUPPORT efforts to extend Minor Consent Medi-Cal Coverage to incarcerated youths,
many of whom are in custody due to drug related crimes. This could greatly decrease
recidivism in the juvenile justice system.
81. SUPPORT county efforts in the promotion of partnerships that provide integrated
responses to the needs of alcohol and other drugs populations, including criminal justice,
perinatal and youth as well as those populations with co-occurring disorders.
82. SUPPORT and encourage the development of strategies that include alcohol and other
drugs services in the provision of all culturally appropriate health care services.
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83. SUPPORT efforts to require coverage of medically necessary alcohol and substance
abuse related disorder treatment on the same levels as other medical conditions in health
care service plans and disability insurance policies. Alcohol and other drugs treatment
services are the most under-funded of all health services. Neither the state nor the
federal allocations to the County covers medical treatment for AOD services, and so are
a cost borne by the County.
84. SUPPORT legislation that extends the restrictions and prohibitions against the smoking
of, and exposure to, tobacco products to include restrictions or prohibitions against
electronic cigarettes (e-cigarettes) in various places, including, but not limited to, places
of employment, school campuses, public buildings, day care facilities, retail food
facilities, multi-family housing, and health facilities; preventing the use of tobacco,
electronic smoking devices (e-cigarettes) and flavored tobacco by youth and young
adults; eliminating exposure to second-hand and third-hand smoke; restrictions on
advertising of electronic smoking devices; reducing and eliminating disparities related to
tobacco use and its effects among specific populations; increasing the minimum age to 21
to purchase tobacco products; and the promotion of cessation among young people and
adults.
85. SUPPORT and encourage state, federal and/or private funding for pharmaceutical
research for the development of new cannabis products which would meet Federal Drug
Administration (FDA) standards of known strengths and attributes (and without
unnecessary side effects) which would be dispensable through pharmacies and medical
facilities consistent with State and Federal law.
86. SUPPORT funding and policy changes to support population-based chronic disease
prevention efforts. Collectively, these include efforts to move up-stream from the
treatment of illness associated with chronic disease to advance a policy, systems and
organizational-change approach to address the underlying environmental factors and
conditions that influence health and health behaviors.
87. SUPPORT funding and policy changes to support developing a workforce with
gerontological expertise to manage the exponential growth in the chronically ill aging
population.
88. SUPPORT efforts that would advance a Health-In-All-Policies approach to policy work
done across the County. This implies consideration of how health is influenced by the
built environment and a connection with land use planning and development.
89. SUPPORT ongoing study of the health impacts of global and regional climate change and
ongoing countywide mitigation and adaptation efforts.
90. SUPPORT efforts that would preserve the nature and quality and continuity of care
associated with safety net services historically provided at the local level, such as the
California Children’s Services (CCS) and Child Health and Disability Prevention
(CHDP) programs, which are being transitioned into managed care at the state level.
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91. SUPPORT efforts that promote aging in place through the utilization of long-term
supports and services and caregiver support services.
92. SUPPORT increasing the level of funding for Long-Term Services and Supports (LTSS)
and Home and Community Based Services (HCBS) to meet the increase in cost to
provide services and to meet the tremendous increase in the aging population.
93. SUPPORT maintaining level or enhanced funding, streamlined processes and greater
flexibility for use of State and Federal funding to respond to Public Health Emergency
Preparedness initiatives including Pandemic Influenza, emerging diseases, and continued
funding for all categories related to Public Health Preparedness, including Hospital
Preparedness Program, Homeland Security, Cities Readiness Initiative and core Public
Health Preparedness.
94. SUPPORT increased funding and policy changes for Tuberculosis (TB) prevention and
treatment, to reflect the increased risk of transmission faced across the Bay Area. The
Bay Area, including Contra Costa County, experiences more cases of active Tuberculosis
than do most states in the nation. The demographic make-up of our communities
combined with frequent international travel between the Bay and areas where TB is
endemic, present an added risk and thus the need to maintain adequate funding and
program infrastructure.
95. SUPPORT increased funding for the public health infrastructure, capacity and prevention
services as outlined in the public health components of the Affordable Care Act and the
National Prevention and Public Health Fund.
96. SUPPORT recognition of Local Public Health Departments as an authorized provider for
direct billing reimbursement related to the provision of Immunization, Family Planning,
HIV, STD and TB services.
97. SUPPORT the reversal of the pre-emption language regarding local Menu-Labeling that
is included the Affordable Care Act.
98. SUPPORT enhanced funding and capacity for public health programs, specifically:
a. Prevention programs in the areas of chronic disease, specifically, obesity, diabetes,
asthma and cancer.
b. Prevention and risk reduction programs in the area of HIV, STD, teen pregnancy,
injury prevention as well as health promotion programs, such as nutrition and activity
education;
c. Oral health programs, especially those which address the needs of children and those
with oral health disparities.
d. Protecting the Prevention and Public Health Fund (PPHF), as established in the
Affordable Care Act.
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e. Increased resources dedicated to surveillance and prevention programs targeting
chronic diseases such as cardiovascular, stroke, cancer, diabetes, and asthma, as well
as injury and violence;
f. Combating infectious and emerging diseases, such as Zika, novel Influenza, Hepatitis
B, Hepatitis C, Chlamydia, and seasonal Influenza and public health programs which
provide screening, diagnosis, and treatment;
g. Provide for adequate State funding for children’s programs, including the California
Children’s Services (CCS) program for clients who are not Medi-Cal eligible to
assure that counties are not overmatched in their financial participation; and
h. Programs which seek to monitor and address the needs of Foster youth, especially
those on psychotropic medication.
i. Best practice programs which seeks to protect and enhance the health of pregnant
women and that address maternal, child and adolescent health needs.
99. SUPPORT efforts to strengthen needle exchange programs as part of an overall program
to combat the spread of HIV and other diseases; allowing items associated with needle
exchange programs such as, cookers, sterile water, and cotton to be distributed along with
clean needles; and the elimination of the federal ban on funding needle exchange
programs.
100. SUPPORT legislative efforts to reduce or eliminate lead and toxic substances in
consumer products, particularly those used by infants and children.
101. SUPPORT legislative efforts to reduce exposure to toxic air pollutants and the reduction
of greenhouse gases.
102. SUPPORT funding, policy and programs dedicated to suicide, injury and violence
prevention. Additionally, support efforts aimed at reducing health disparities and
inequities associated with violence against women, communities of color and the LGBT
community. Programs which seek to limit the effects of injury, violence and abuse on
children, seniors and persons with disability.
103. SUPPORT funding, policy and program development aimed at reducing the misuse of
prescription drugs, most especially opioids. Additionally, support funding and resources
for local capacity to address new state laws regarding restrictions on the sale and use of
powdered alcohol.
104. SUPPORT necessary County infrastructure and adequate funding related to education,
regulatory, testing and enforcement functions associated with the State Medical
Marijuana regulatory controls.
105. SUPPORT legislation and/or similar policy efforts to tax certain beverages that contain
added sugars, by establishing a per fluid ounce health impact fee on sugar sweetened
beverages at the distributor level. In addition, support efforts which would create the
Sugar Sweetened Beverage Safety warning act, which would require a safety warning on
all sealed sugar sweetened beverages.
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106. SUPPORT legislation and efforts that support healthy meals and adequate meal time for
school-age children.
107. SUPPORT efforts to dedicate funding that sustains and expands non-infrastructure Safe
Routes to School programs that educate students, parents, and school staff about safe
walking and bicycling to school.
108. SUPPORT efforts to address the underlying determinants of health and health equity,
such as housing and prevention of displacement, educational attainment and livable wage
jobs, and accessible transportation.
Human Services
109. SUPPORT efforts to promote safety of Adult Protective Services workers conducting
required unannounced home visits by allowing them to request and receive from law
enforcement criminal record checks through the California Law Enforcement
Telecommunications System (CLETS). This would primarily be used for reported
abusers in the household.
110. SUPPORT efforts to develop emergency/and or temporary shelter options for Adult
Protective Services population and consider options that include but are not limited to,
licensing of facilities specifically for this population and exploring Medi-Cal billing
options to support clients in hospitals and other care facilities pending a more permanent
housing placement.
111. SUPPORT simplification of IHSS service hour calculation and allocation to insure
compliance with the Fair Labor Standards Act (FLSA) and efficiently provide services to
consumers.
112. SUPPORT efforts that seek to identify and eliminate elder financial abuse and elder
exposure to crime that may be committed through conservatorships, powers of attorney,
notaries and others who have the right to control elder assets, including through solutions
that allow access for Adult Protective Services to access financial records for
investigation of financial abuse and exploitation. Financial abuse is a fast-growing form
of abuse of seniors and adults with disabilities and current law does not authorize
financial institutions to grant access to financial records necessary to investigate the
reported abuse without the consent of the account holder or authorized representative.
113. SUPPORT efforts to establish an “umbrella code” for the reporting of incidents of elder
abuse to the Department of Justice, thus more accurately recording the incidence of
abuse. Current reporting policies within California’s law enforcement community and
social services departments are uncoordinated in regards to the reporting of adult
abuse. Under an “umbrella code,” law enforcement agencies and social services
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departments would uniformly report incidents of elder abuse and California would have
much better data for policy and budget development purposes.
114. SUPPORT funding for statewide Adult Protective Services training.
115. SUPPORT establishing a State funded and administered General Assistance Program.
The General Assistance Program is 100% County funded. Moving it to the State would
relieve pressure on the County budget and appropriately direct costs to the State.
116. SUPPORT legislative efforts that allow for coordination of services and data, across state
and county departments, that support aging and elder populations.
117. SUPPORT creation of a pilot program “Fostering Dignity in Aging,” to provide grant
funding to counties to be used specifically for housing preservation and eviction
prevention services of victims of elder and dependent adult abuse, exploitation, neglect,
or self-neglect.
118. SUPPORT creation of funding opportunities and policies which promote the
development of aging-friendly communities.
119. SUPPORT efforts to extend family stabilization mental health/substance abuse funding to
include all family members. Current law only funds services for adult Welfare to Work
participants.
120. SUPPORT solutions to address gaps in existing state statute that cause disruptions to
continuity of care for some Covered California Insurance Affordability Program (IAP)
enrollees when a new determination of IAP takes place.
121. SUPPORT the use of state funds to pay for CalFresh benefits for those Deferred Action
for Childhood Arrivals (DACAs) and PRUCOL (Permanent Residents Under the Color
of Law) who would otherwise be ineligible for CalFresh.
122. SUPPORT efforts to extend eligibility to zero share of Medi-Cal cost when recipients
report new earned income. Potential increases to state and local minimum wage impacts
eligibility to free health care.
123. SUPPORT efforts to extend eligibility of CalWORKs benefit by exempting the first 6
months of earned income received from new employment or wage increases. Intended to
create better financial stability when a family’s income increases due to changes in local
and state minimum wage law.
124. SUPPORT fully funding Medi-Cal Administrative costs.
125. SUPPORT efforts to increase County flexibility in the use of CalWORKs funds and in
program requirements in order to better support the transition of welfare dependent
families from welfare-to-work to self-sufficiency, including, but not limited to: extending
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supportive services beyond the current limit; enhancing supportive services; increasing
diversion and early intervention to obviate the need for aid.
Legislative changes to support these initiatives could include the following:
a. Supportive Services. Extending the length of time CalWORKS recipients can
receive supportive service such as help with transportation, child care, work
uniforms, etc.
b. Welfare to Work. Extending the length of time families can receive Welfare to
Work services (job training and search and other employment related services)
including job retention services. Currently CalWORKS recipients are eligible to
receive supportive services and Welfare to Work services for up to 48 months if
they are in compliance with CalWORKS rules. After 48 months these services or
for CalWORKS cash aid. Helping people move from poverty and significant
education gaps to full time employment in jobs that pay a high enough wage to be
self-sufficient is difficult. It can take longer than 48 months and allowing for the
flexibility to extend supportive services and training past the 48 month time limit
would help.
c. Diversion: Removing the criteria that someone has to be apparently eligible to
CalWORKs in order to qualify for diversion and base the criteria on the client’s
circumstance and ability to maintain the situation on their own without the need
of continued assistance.
• When applying income and resource requirements for diversion, use only
half of their income and/or resource value or increase the limits for income
and resources for diversion only.
• Increasing the amount of the diversion payment. If the applicant doesn’t
“use” all of the amount, they have 12 months to come back into the office
and apply for the remaining amount of their diversion payments.
• Allowing families to reapply for CalWORKs during their diversion period
without a repayment penalty or CalWORKs ineligibility.
d. Expanding job retention services;
e. Exempting the hard-to-serve from Welfare-to-Work activities and the 20%
exemption or providing flexibility in the time limit (dependent upon terms and
conditions of TANF authorization). Developing an eligibility definition to 250%
of the federal poverty level (FPL).Currently, the CalWORKs poverty level is
130% of the FPL for each Assistance Unit (AU). An increase to 250% would
ensure more families meet income eligibility requirements.
All of these measures would make it easier for CalWORKs families to enter employment
services, become employed, and continue with the support they need in order to maintain
their jobs.
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126. SUPPORT efforts to revise the definition of “homelessness” in the Welfare & Institutions
Codes to include families who have received eviction notices due to a verified financial
hardship, thus allowing early intervention assistance for CalWORKs families. Current
law prevents CalWORKs from providing homeless assistance until the CalWORKs family
is actually “on the street.” This rule change would enable the County to work with
CalWORKs families who are being threatened with homelessness to prevent the eviction
and, presumably, better maintain the family members’ employment status.
127. SUPPORT alignment of verification requirements for CalWORKS, CalFRESH and
Medi-Cal programs to simplify the customer experience and reduce the potential for
error. Consider letting all programs access the Federal Hub used through CalHEERs.
Currently these programs have different requirements for client verification, though they
are all benefit programs. Alignment of verifications would make program administration
more efficient and improve the client experience.
128. SUPPORT allowing all individuals in receipt of Unemployment Benefits (UIB) to be
automatically eligible for CalFresh. Applying for UI and CalFresh is duplicative because
requirements of both program are so similar. This would increase CalFresh uptake in an
efficient way.
129. SUPPORT efforts to increase CalFresh benefit amounts to better meet recipients’
nutritional needs, improve ease and accessibility of the CalFresh application and
recertification processes, and adjust CalFresh eligibility requirements to include currently
excluded populations with significant need.
130. SUPPORT efforts to restore cuts to the Supplemental Security Income/State
Supplementary Payment (SSI/SSP) Program and reinstate the annual Cost of Living
Adjustment (COLA.)
131. SUPPORT efforts to ensure funding of child care for CalWORKs and former CalWORKs
families at levels sufficient to meet demand. The State of California has not fully funded
the cost of child care for the “working poor.” Additional funding would allow more
CalWORKs and post-CalWORKs families to become and/or stay employed.
132. SUPPORT the efforts of CHSA (California Head Start Association) in securing
legislation to support a state-wide integrated child care licensing structure. This will
allow childcare programs to apply for and have one child care license for all children 0-5
as opposed to the current system of a two-license structure for varying ages of children in
care. California remains only one of two states in the nation to maintain the two license
structure.
133. OPPOSE legislation, rules, regulations or policies that restrict or affect the amount of
funds available to, or the local autonomy of, First 5 Commissions to allocate their funds
in accordance with local needs.
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134. OPPOSE any legislation that increases tobacco taxes but fails to include language to
replace any funds subsequently lost to The California Children and Families Act/Trust
Fund for local services funded by tobacco taxes, Proposition 10 in 1998 and Proposition
99 in 1988.
135. SUPPORT efforts by the Contra Costa County’s executive directors and program
administrators of all Child Care and Development Programs to restore state budget
allocations to the FY 2009-10 levels if verified that this is an increase by fiscal analysts
for the California State Preschool Program (CSPP), California Center-Based General
Child Care Program (CCTR), CalWORKs Stage 2 (C2AP), CalWORKs Stage 3 (C3AP),
Alternate Payment Program (CAPP), Child Care and Development Grant and the Child
Care Retention Program (AB 212). Budgets in these programs have stagnated or
reduced. An increase would greatly help low-income people find work and stay in jobs.
136. SUPPORT efforts to increase the number of subsidized child care slots to address the
shortage of over 20,000 slots serving children 0-12 years of age in Contra Costa County;
and SUPPORT efforts to enhance the quality of early learning programs and maintain
local Quality Rating and Improvement Systems (QRIS) for early learning providers.
Affordable child care is key to low-income workers remaining employed and there is a
significant dearth of subsidized child care slots. Increasing quality of early learning is
important to developing skills in the next generation.
137. SUPPORT legislation to expand early child care and education and increase funding for
preschool and early learning.
138. SUPPORT the restoration of funding for Facility Restoration and Repair (FRR) grants by
California Department of Education. Increasing the funding amounts for facility
restoration of early childhood education would allow for improved facilities at Head
Start sites.
139. SUPPORT legislation to expand early care and education and increase funding for
preschool and early learning, through a diverse and multi-faceted delivery system.
140. SUPPORT restoration of child development programs (pre-2011 funding) under
Proposition 98 funding.
141. SUPPORT legislation that would clarify and streamline the definition of homelessness
across categorical eligibility for child care services to homeless children.
142. SUPPORT legislation that would clarify the definition of “volunteer” in SB 792, a bill
which prohibits, commencing September 1, 2016, a person from being employed or
volunteering at a day care center or a day care home if he or she has not been immunized
against influenza, pertussis, and measles. Current law does not specify an established
minimum of time spent in a child care facility to be considered a volunteer. SB 792,
therefore, would apply to parents/grandparents coming to child care centers for one-time
volunteer activities, to provide proof of vaccination.
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143. SUPPORT the establishment of a 12-month child care assistance and graduated phase out
that allows for tapered assistance to families whose income has increased at the time of
re-determination, but still does not exceed the federal income limit of 85% of State
Median Income.
144. SUPPORT continued and improved funding for substance abuse treatment and mental
health services including those that provide alternatives to incarceration and Laura’s Law.
145. SUPPORT increased funding for Foster Parent Recruitment and Retention.
146. SUPPORT continued and improved funding for implementation of Continuum of Care
Reform.
147. SUPPORT child-specific approval for kinship caregivers (and non-related extended
family members) to enable relatives to care for their related child/children, if in the
child’s best interest, even if the relative/NREFM is not able or willing to be approved as a
foster parent for their foster children.
148. SUPPORT counties to access CWS/CMS to determine family’s child abuse history for
the Resource Family Approval process.
149. SUPPORT efforts to improve and expand emergency food assistance networks’ (e.g.
local food banks, food pantries) ability to procure, store, and distribute nutritious food to
those in need.
150. SUPPORT efforts that seek to address the impact of domestic violence and sexual assault
and implement culturally relevant, trauma-informed responses, connect victims to
services, and prevent domestic violence and sexual assault.
151. SUPPORT increased investments in housing for victims of domestic violence and human
trafficking including the preservation of emergency and long-term housing options for
victims.
152. SUPPORT efforts that prevent domestic violence homicide including assessment of risk
for assault or lethal force throughout the criminal justice system.
153. SUPPORT investments in continuous training and coordination of training for all law
enforcement officers, District Attorneys, Public Defenders, Judges and other court staff
on issues of domestic violence, sexual assault, human trafficking, elder abuse and trauma
informed approaches.
154. SUPPORT a federal waiver that would allow county social services agencies to process
CalFresh applications for jail inmates and suspend rather than terminal CalFresh
eligibility when a recipient is detailed in a county jail for a period of less than a year.
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155. SUPPORT efforts that would allow CalWORKs Welfare to Work participants to
participate and achieve high school equivalency program without having their 24-month
clock be impacted during their time in the program.
156. SUPPORT increase of daily rate available under Temporary HA from $65 per day to $85
per day for homeless CalWORKs families of four or fewer and provide an additional $15
per day for each additional family member up to a maximum of $145 daily.
157. SUPPORT research that describes and assesses local service needs and gaps impacting
aging residents and that proposes specific and actionable local strategies to address these
needs.
158. SUPPORT legislation and investments related to long-term care, senior housing
affordability, medical service access, transportation, isolation and other quality of life
issues to support aging with dignity.
Indian Gaming Issues
Contra Costa County is currently home to the Lytton Band of the Pomo Indians’ Casino in San Pablo, a Class II
gaming facility. There has been a proposal for an additional casino in North Richmond. Local governments have
limited authority in determining whether or not such facilities should be sited in their jurisdiction; the terms and
conditions under which the facilities will operate; and what, if any, mitigation will be paid to offset the cost of
increased services and lost revenues. Contra Costa County has been active in working with CSAC and others to
address these issues, as well as the need for funding for participation in the federal and state review processes and
for mitigation for the existing Class II casino.
159. SUPPORT efforts to ensure that counties who have existing or proposed Class II Indian
gaming facilities receive the Special Distribution Funds.
160. CONSIDER, on a case by case basis, whether or not to SUPPORT or OPPOSE Indian
gaming facilities in Contra Costa County, and only SUPPORT facilities that are unique in
nature and can demonstrate significant community benefits above and beyond the costs
associated with mitigating community impacts.
161. OPPOSE the expansion or approval of Class III gaming machines at the existing gaming
facility in Contra Costa County unless it can be demonstrated that there would be
significant community benefits above and beyond the costs associated with mitigating
community impacts.
162. SUPPORT State authority to tighten up the definition of a Class II machine.
163. SUPPORT State legislative and administration actions consistent with the CSAC policy
documents on development on Indian Lands and Compact negotiations for Indian
gaming.
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Land Use/Community Development
164. SUPPORT efforts to promote economic incentives for "smart growth," in Priority
Development and Priority Production Areas including in-fill and transit-oriented
development. Balancing the need for housing and economic growth with the urban limit
line requirements of Measure J (2004) will rely on maximum utilization of “smart
growth” and Sustainable Community Strategy principles. Priority Production Areas are
locally designated zones where manufacturing, warehousing, distribution and repair
services would be a priority consideration in determining future land use.
165. SUPPORT efforts to increase the supply of affordable housing, including, but not limited
to, state issuance of private activity bonds, affordable and low income housing bond
measures, low-income housing tax credits and state infrastructure financing. This
position supports a number of goals in the County General Plan Housing Element.
166. SUPPORT establishment of a CEQA exemption for affordable housing financing.
Current law provides a statutory exemption from CEQA to state agencies for financing of
affordable housing (Section 21080.10(b) of the California Public Resources Code and
Section 15267 of the CEQA Guidelines)—but not to local agencies. The current
exemption for state agencies is only operational if a CEQA review process has been
completed by another agency (e.g., by the land use permitting agency). Since the act of
financing does not change the environmental setting, the net effect of the exemption is
streamlining the process for providing financial assistance for already approved
projects. AB 2518 (Houston) in 2006 was a Contra Costa County-sponsored bill to
accomplish this, but it was not successful in the Legislature.
167. SUPPORT efforts to obtain a CEQA exemption or to utilize CEQA streamlining
provisions for infill development or Priority Development Areas, including in
unincorporated areas. Section 15332 of the CEQA Guidelines is a Categorical
Exemption for infill development projects but only within cities or unincorporated areas
of a certain size surrounded by cities. Without the exemption, housing projects in the
unincorporated areas that are not surrounded by cities (e.g. North Richmond, Montalvin
Manor and Rodeo) are subject to a more time-consuming and costly process in order to
comply with the CEQA guidelines than that which is required of cities, despite having
similar housing obligations. The CEQA exemption bill signed by the Governor in 2013
(SB 741) only applies to mixed-use or non-residential projects in the unincorporated
areas that are both within ½ mile of a BART station and within the boundaries of an
adopted Specific Plan.
168. SUPPORT efforts to reform State housing element law to promote the actual production
and preservation of affordable housing and to focus less on process and paper
compliance.
169. OPPOSE efforts to limit the County’s ability to exercise local land use authority.
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170. SUPPORT efforts to reduce the fiscalization of land use decision-making by local
government, which favors retail uses over other job-creating uses and housing. Reducing
incentives for inappropriate land use decisions, particularly those that negatively affect
neighboring jurisdictions, could result in more rational and harmonious land use.
171. SUPPORT allocations, appropriations, and policies that support and leverage the benefits
of approved Natural Community Conservation Plans (NCCPs), such as the East Contra
Costa County NCCP. Support the granting of approximately $24 million to the East
Contra Costa County NCCP from the $90 million allocation for NCCPs in Proposition
84. Support the inclusion of NCCPs for funding in allocations from Proposition 1.
Support $90 million for implementation of NCCPs and an additional $100 million for
watershed protection and habitat conservation in future park, water or natural resource
bonds. Support the position that NCCPs are an effective strategy for addressing the
impacts of climate change and encourage appropriate recognition of the NCCP tool in
implementation of climate change legislation such as SB 375, AB 32 as well as an
appropriate tool for spending Cap and Trade revenues. Promote effective implementation
of NCCPs as a top priority for the California Department of Fish and Wildlife. Support
an increase to $1.6 million for the California Department of Fish and Wildlife’s Local
Assistance Grant program. Support efforts to streamline implementation of NCCPs
including exemptions from unnecessary regulatory oversight such as the Delta Plan
Covered Actions process administered by the Delta Stewardship Council. Support
alignment of State and Regional of Water Board permits (Section 401 clean water act and
storm water permits) and California Department of Fish and Wildlife Streambed
Alteration Agreement (Section 1602 of the Fish and Game code) and other State natural
resource permitting with California Endangered Species Act permitting through NCCPs
to improve the overall efficiency, predictability and effectiveness of natural resource
regulation.
172. SUPPORT legislation that would give local agencies specific tools for economic
development purposes in order to enhance job opportunities, with emphasis on attracting
and retaining businesses, blight removal and promoting smart growth and affordable
housing development, while balancing the impacts on revenues for health and safety
programs and healthy communities.
173. SUPPORT legislation that would resolve the administrative funding gap for agencies
serving as the Successor Housing Agency. Such legislation should not have a negative
impact on the localities’ general fund. The Redevelopment Dissolution Act allows
Successor Agencies a modest allowance of tax increment funds to support Successor
Agency administrative costs. There is no such carve out for Housing Successors.
However, unlike Successor Agencies, Housing Successors have an ongoing obligation to
monitor existing affordable housing developments. These obligations will continue for up
to 55 years.
174. SUPPORT legislation that would clarify the ability of successor agencies to former
redevelopment agencies to enter into contracts with its sponsoring jurisdiction and third
parties to fulfill enforceable obligations. The existing redevelopment dissolution statute
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limits the contracting powers of successor agencies which is causing delays in their
ability to expeditiously retire certain enforceable obligations of the former redevelopment
agencies.
175. SUPPORT legislative and regulatory efforts that streamline compliance with the
California Environmental Quality Act (CEQA) by integrating it with other environmental
protection laws and regulations, modifying the tiering of environmental reviews,
expanding the application of prior environmental reviews, focusing areas of potential
CEQA litigation, and enhancing public disclosure and accountability.
176. OPPOSE CEQA reform efforts that reduce environmental protections for projects that
cross county or city boundaries.
177. SUPPORT efforts to improve or streamline CEQA for efficiency without losing sight of
its ultimate goal to thoroughly identify environmental impacts and mitigations.
178. OPPOSE efforts to change CEQA solely to accommodate one particular infrastructure
project or set of projects.
179. SUPPORT legislation that amends Section 20133 of the Public Contract Code to 1)
delete the existing sunset date of July 1, 2014 for design-build authority granted to
counties, and 2) eliminate the current project cost threshold of $2.5 million required for
the use of the design-build method.
Law and Justice System
180. SUPPORT legislation that seeks to curb metal theft by making it easier for law
enforcement agencies to track stolen metals sold to scrap dealers through such means as
requiring identification from customers selling commonly stolen metals, banning cash
transactions over a certain amount, and requiring scrap dealers to hold materials they buy
for a certain period of time before melting them down or reselling them.
181. SUPPORT legislation that provides a practical and efficient solution to addressing the
problem of abandoned and trespassing vessels and ground tackle in an administrative
process that allows the California State Lands Commission to both remove and dispose of
such vessels and unpermitted ground tackle. Boat owners in increasing numbers are
abandoning both recreational and commercial vessels in areas within the Commission’s
jurisdiction. Our state waterways are becoming clogged with hulks that break up, leak,
sink and add pollutants to our waterways and marine habitat.
182. SUPPORT legislation that requires boater’s insurance. Currently, boaters are not
required to carry insurance in California.
183. SUPPORT legislation that provides better funding for local agencies forced to deal with
abandoned and sunken vessels and their environmental impacts.
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184. OPPOSE legislative proposals to realign additional program responsibility to counties
without adequate funding and protections.
185. OPPOSE legislation that would shift the responsibility of parolees from the state to the
counties without adequate notification, documentation and funding.
186. SUPPORT legislation that will help counties implement the 2011 Public Safety
Realignment as long as the proposal would: provide for county flexibility, eliminate
redundant or unnecessary reporting, and would not transfer more responsibility without
funding.
187. SUPPORT legislation that will combat the negative impact that human trafficking has on
victims in our communities, including the impact that this activity has on a range of
County services and supports, and support efforts to provide additional tools, resources
and funding to help counties address this growing problem.
188. ADVOCATE for State legislation banning the sale of alcopop products by businesses that
sell alcoholic beverages. The California Department of Alcoholic Beverage Control is
responsible for regulating the type of alcohol products that a business may sell. A type of
flavored malt alcoholic beverage product known as “alcopops” has been identified as a
contributor to under-age drinking in the County. The term alcopops usually refers to
sweetened malt or alcoholic beverages that are typically sold in single-serving bottles or
cans. The Board, through recommendations from the Public Protection Committee, has
adopted amendments to the Alcoholic Beverage Sales Commercial Activities Zoning
Ordinance that authorizes the County to prohibit the sale of alcopops at any
establishment not in compliance with the performance standards. Along with the code
changes, various implementation strategies were also approved in order to better
coordinate efforts between County Departments and agencies for streamlined
implementation and enforcement of the Ordinance.
189. SUPPORT legislative reform of current bail provisions that will replace reliance on
money bail with a system that incorporates a pretrial risk assessment tool and evidence-
based pretrial release decisions. The current reliance on fixed bail schedules and
commercial money bonds ignores public safety factors and unfairly penalizes poor
people who are awaiting trial. Bail reform in this manner will ensure that only dangerous
persons who cannot be safely supervised in the community while they are awaiting trial
will be held in custody pretrial. Locally, our County has moved in this direction with an
AB109 funded pretrial program.
Levees
190. ADVOCATE for administrative and legislative action to provide significant funding for
rehabilitation of levees in the western and central Delta. Proposition 1E, passed in
November 2006, provides for over $3 billion for levees, primarily those in the Central
Valley Flood Control Program. Language is included in the bond for other Delta levees
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but funding is not specifically directed. The County will work to actively advocate for $1
billion in funding through this bond.
191. SUPPORT legislation that requires the levee repair funds generated by Proposition 1E be
spent within one year or legislative hearings conducted on expediting the expenditure of
bond proceeds through the Department of Water Resources Delta Levees Section. Many
public agencies, including reclamation districts charged with maintaining levees, have
complained about the state’s inaction in allocating and distributing the levee funds that
were raised by the bond sales authorized by Proposition 1E in 2008. Legislation could
require the immediate distribution of these funds to local levee projects. The Delta
Reform Act of 2009 authorized over $202 million for levee repairs. Legislative hearings
may produce explanations from the state as to why these funds are not being distributed
or identify methods to streamline administration of these funds.
192. SUPPORT legislation to amend California Water Code Section 12986, to maintain the
state/local funding ratio of 75/25 for the state’s Delta Levees Subventions Program,
which provides funds for local levee repair and maintenance projects. The code
provisions that have the state paying 75% of project costs will expire on July 1, 2013. At
that time the matching ratio will change to 50/50. This means local reclamation districts
will have to pay a larger portion of project costs (50%, compared to their current 25%
requirement). Many districts do not have the funding to do so. The Delta Levees
Subventions Program should continue to use funds from bonds or other dedicated
sources, rather than the state’s General Fund. For the past several years the program has
been funded from bonds. When these bond funds run out, the program will have to be
funded from the General Fund, unless some other new dedicated funding source is
established.
193. ADVOCATE for legislation dealing with the Delta, including levees and levee programs,
level and type of flood protection, beneficiary-pays programs, flood insurance, liability
and other levee/land use issues.
194. SUPPORT legislation/regulation requiring Reclamation Districts to develop, publish, and
maintain hazard emergency plans for their districts. Emergency response plans are
critical to emergency management, particularly in an area or situation like the Delta
where a levee break could trigger other emergencies. This legislation/regulation should
also include the requirement for plan review and annual distribution of the plan to the
residents of the district, County Office of Emergency Services and other government
agencies that have emergency response interests within the district.
195. SUPPORT legislation to amend California Water Code Section 85057.5 to bring the
Delta Stewardship Council’s “covered actions” land-use review process into consistency
with CEQA. This section of state code defines a “covered action,” which refers to local
permit decisions that are subject to potential revocation by the Council, as adopted in the
Council’s Delta Plan. The proposed process works as follows: (1) if a local permit
application meets the definition of a “covered action,” the jurisdiction must evaluate it for
consistency with all of the policies in the Council’s Delta Plan. (2) If the jurisdiction
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finds the project is consistent with the Delta Plan, they notify the Council of this finding.
(3) Anyone who objects to the project may appeal the consistency finding, and it will be
up to the Council to make the final decision. Should the Council decide against the local
jurisdiction, there is no appeal process available to the jurisdiction or project applicant
other than legal action.
“Covered actions” are defined in Section 85057.5 of the California Water Code. It
defines them as plans, projects or programs as defined by CEQA, and then goes on to
grant several exemptions to certain types of projects. It does not, however, provide
exemptions for all the project types that CEQA itself exempts. CEQA provides a lengthy
list of categorical exemptions for plans, projects and programs that generally do not have
significant environmental impacts, and projects that have compelling reasons to move
forward quickly (such as public safety projects). The entire list of categorical exemptions
from CEQA also should be exempt from the Delta Stewardship Council’s “covered
actions” process.
Library
196. SUPPORT State financial assistance in the operation of public libraries, including full
funding of the Public Library Fund (PLF) and the Direct/Interlibrary Loan (Transaction
Based Reimbursement) program.
197. SUPPORT State bonds for public library construction. The 2000 library construction
bond provided funding for two libraries in Contra Costa County. There is currently a
need of approximately $289,000,000 for public library construction, expansion and
renovation in Contra Costa County.
198. SUPPORT continued funding for the California Library Literacy and English Acquisition
Services Program, which provides matching funds for public library adult literacy
programs that offer free, confidential, one-on-one basic literacy instruction to English-
speaking adults who want to improve their reading, writing, and spelling skills.
Pipeline Safety
199. SUPPORT legislation that contains specific mitigations or solutions for installation of
Automatic Shutoff Valves for both High Consequence Areas (HCA) and for those that
transverse Active Seismic Earthquake Faults for all intrastate petroleum pipelines. State
Fire Marshal Annual Inspections of all Intrastate Petroleum Pipelines do not contain the
specific mitigations or solutions for installation of Automatic Shutoff Valves for both
High Consequence Areas (HCA) and for those that traverse Active Seismic Earthquake
Faults that are mandated for Gas Pipelines under AB 2856. The County has several
petroleum pipelines that should be classified under these categories and present the same
explosive nature as gas pipelines do.
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200. SUPPORT legislation that contains specific language for protection of all seasonal and all
year creeks and all State Waterways where petroleum pipelines are present. New and
replacement pipelines near environmentally and ecologically sensitive areas should use
the best available technology including, but not limited to, the installation of leak
detection technology, automatic shutoff systems or remote controlled sectionalized block
valves, or any combination of these technologies to reduce the amount of oil released in
an oil spill to protect state waters and wildlife.
201. SUPPORT legislation that that requires the same standards for installation of Automatic
Shutoff Valves or Remote Controlled Sectionalized Block Valves of owners and
operators of intrastate petroleum pipelines located in High Consequence Areas or that
traverse Active Seismic Earthquake Faults. These standards should provide the location
of existing valves and the proposed location of new valves to the State Fire Marshal’s
Office allowing their interaction with the process, to establish action timelines, to adopt
standards for how to prioritize installation, to ensure that valves are installed as quickly
as reasonably possible and to establish ongoing procedures for monitoring progress in
achieving requirements.
Telecommunications and Broadband
202. SUPPORT clean-up legislation on AB 2987 that provides for local emergency
notifications similar to provisions in cable franchises for the last 20 years. Currently our
franchises require the cable systems to carry emergency messages in the event of local
emergencies. With the occurrence of several local refinery incidents, this service is
critical for Contra Costa. Under federal law, Emergency Alert System requirements leave
broad discretion to broadcasters to decide when and what information to broadcast,
emergency management offices to communicate with the public in times of emergencies.
203. SUPPORT preservation of local government ownership and control of the local public
rights-of-way. Currently, local government has authority over the time, place, and
manner in which infrastructure is placed in their rights-of-way. The California Public
Utilities Commission is considering rulemaking that would give them jurisdiction to
decide issues between local government and telecommunication providers.
204. SUPPORT the expansion of broadband (high speed internet service) to drive economic
development and job opportunities, support county service delivery, and improve health,
education and public safety outcomes for residents. For communities to realize these full
benefits of broadband it must be capable of supporting current technology.
Access and adoption are both necessary elements that should be supported in state and
federal legislative or regulatory proposals. This entails the following:
• Establishing and maintaining reliable broadband in unserved or underserved
communities;
• Promoting the knowledge, skills and behaviors that comprise digital literacy;
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• Making broadband affordable for all households;
• Maximizing funding for infrastructure; and
• Reducing infrastructure deployment barriers.
Transportation
205. SUPPORT increased flexibility in the use of transportation funds.
206. SUPPORT regional coordination that provides for local input in addressing transportation
needs. Coordinated planning and delivery of public transit, paratransit, non-
profit/community-based transit, and rail services will help ensure the best possible
service delivery to the public. Regional coordination also will be needed to effectively
deal with the traffic impacts of Indian gaming casinos such as those in West County.
Regional coordination also will be essential to complete planning and development of
important regional transportation projects that benefit the state and local road system
such as TriLink (State Route 239), improvements to Vasco Road, completion of remaining
segments of the Bay Trail, improvements to the Delta DeAnza Regional Trail, and the
proposed California Delta and Marsh Creek Trails. There may be interest in seeking
enhanced local input requirements for developing the Sustainable Communities Strategy
for the Bay Area mandated by SB 375 for greenhouse gas reduction. It is important that
the regional coordination efforts are based on input gathered from the local level, to
ensure the regional approach does not negatively impact local communities. “Top-
down” regional planning efforts would be inconsistent with this goal.
207. SUPPORT efforts to improve safety throughout the transportation system. The County
supports new and expanded projects and programs to improve safety for bicyclists,
pedestrians and wheelchair users, as well as projects to improve safety on high-accident
transportation facilities such as Vasco Road. Data on transportation safety would be
improved by including global positioning system (GPS) location data for every reported
accident to assist in safety analysis and planning. The County also supports the
expansion of school safety improvement programs such as crossing guards, revised
school zone references in the vehicle code, Safe Routes to Schools (SR2S) grants, efforts
to improve the safety, expansion and security of freight transportation system including
public and private maritime ports, airports, rail yards, railroad lines, rail bridges and
sidings. The County also supports limits or elimination of public liability for installing
traffic-calming devices on residential neighborhood streets.
208. SUPPORT funding or incentives for the use of renewable resources in transportation
construction projects. The County seeks and supports grant programs, tax credits for
manufacturers, state purchasing programs, and other incentives for local jurisdictions to
use environmentally friendly materials such as the rubberized asphalt (made from
recycled tires) that the County has used as paving material on San Pablo Dam Road and
Pacheco Boulevard.
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209. SUPPORT streamlining the delivery of transportation safety projects. The length of time
and amount of paperwork should be reduced to bring a transportation safety project
more quickly through the planning, engineering and design, environmental review,
funding application, and construction phases, such as for Vasco Road. This could include
streamlining the environmental review process and also streamlining all state permitting
requirements that pertain to transportation projects. Realistic deadlines for use of federal
transportation funds would help local jurisdictions deliver complex projects without
running afoul of federal time limits which are unrealistically tight for complex projects.
210. SUPPORT efforts to coordinate development of state-funded or regulated facilities such
as courts, schools, jails, roads and state offices with local planning. The County supports
preserving the authority of Public Works over County roads by way of ensuring the
Board of Supervisors’ control over County roads as established in the Streets &
Highways Code (Ch2 §940) is not undermined. This includes strongly opposing any
action by a non-local entity that would ultimately dilute current Board of Supervisors
discretion relative to road design and land use.
211. SUPPORT efforts to coordinate planning between school districts, the state, and local
jurisdictions for the purposes of: (1) locating and planning new schools, (2) funding
programs that foster collaboration and joint use of facilities, and (3) financing off-site
transportation improvements for improved access to existing schools. The County will
urge the California Department of Education’s current Title 5 update effort to include
removing the current conflict between current school siting policies and sustainable
communities. Related to this effort, the County supports reform of school siting practices
by way of legislative changes related to any new statewide school construction bond
authorization. The County takes the position that reform components should include
bringing school siting practices and school zone references in the vehicle code into
alignment with local growth management policies, safe routes to school best practices,
State SB 375 principles, and the State Strategic Growth Council’s “Health in All Policies
Initiative.”
212. SUPPORT regional aviation transportation planning efforts for coordinated aviation
network planning to improve service delivery. Regional aviation coordination could also
improve the surrounding surface transportation system by providing expanded local
options for people and goods movement.
213. SUPPORT efforts to increase waterborne transport of goods and obtaining funds to
support this effort. The San Francisco to Stockton Ship Channel is a major
transportation route for the region, providing water access to a large number of
industries and the Ports of Sacramento and Stockton. A project is underway to deepen
the channel, providing additional capacity to accommodate increasing commerce needs
of the Ports and providing better operational flexibility for the other industries.
Increased goods movement via waterways has clear benefits to congestion management
on highways and railroads (with resultant air quality benefits).
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214. SUPPORT legislative and administrative measures to enhance rail safety, increase state
oversight of railroad bridges, provide funding for the training of first responders, and
implement regulations that increase tank car safety standards for cars transporting crude
oil and other hazardous materials, and regulations that require railroads to share data with
state emergency managers and local responders.
215. SUPPORT funding increases for active transportation projects and planning. Funding is
needed for improved pedestrian infrastructure and enhancements and expansion of: trails,
on-street bike facilities (Class II and III), and separated facilities (Class I and Class IV
[cycle track]). Funding is also needed for corridor and ”bicycle superhighway” planning,
trail access improvements, overcrossings, intersection improvements, Class I - IV inter-
connectivity projects (gap closures), wayfinding/signage projects, and facilities/designs
identified in emerging best practices.
Veterans
216. SUPPORT legislation and budget actions that will continue the state's annual local
assistance for County Veterans Service Offices at a minimum of the $5.6 million
level. The eventual goal is to fully fund CVSOs by appropriating the full $11 million in
local assistance funding as reflected in Military and Veterans Code Section 972.1(d).
County Veterans Service Offices (CVSOs) play a vital role in the local veteran
community, not only within the Veterans Affairs claims process, but in other aspects as
well. This includes providing information about all veterans’ benefits (Federal, State and
local), as well as providing claims assistance for all veteran-related benefits, referring
veterans to ancillary community resources, providing hands-on development and case
management services for claims and appeals and transporting local veterans to VA
facilities.
217. SUPPORT legislation and budget actions that will provide veterans organizations with
resources to make necessary repairs to, or replacement of, their meeting halls and
facilities. Across California, the meeting halls and posts of Veterans Service
Organizations such as the American Legion and Veterans of Foreign Wars serve as
unofficial community centers. Many of these facilities are not compliant with Americans
with Disabilities Act accessibility standards, are not earthquake retrofitted, or have
deteriorated in recent years due to declining membership and reduced rental revenues as
a result of the economic downturn. The County will support legislation that would create
a competitive grant program for veterans’ organizations, classified by the IRS as 501c19
non-profit organizations and comprised primarily of past or present members of the
United States Armed Forces and their family members, to use for repairs and
improvements to their existing facilities.
218. SUPPORT legislation that will improve the timeliness and quality of both VA benefits
claim decisions and VA healthcare services. Specifically, legislation that works toward
improving on the expedited processing of claims, providing VA healthcare, and
administering of benefits to populations with unique needs, such as homeless Veterans,
Attachment C
Page 71 of 104
Adopted 2017 Platform January 17, 2017 36
Women Veterans, and Veterans experiencing service related Posttraumatic Stress
Disorder or service related Traumatic Brain Injury.
Waste Management
219. SUPPORT legislation that establishes producer responsibility for management at the end
of their useful life of products, including pharmaceuticals, batteries, sharps and veterinary
medicine.
220. SUPPORT efforts to increase the development of markets for recycled materials.
221. SUPPORT legislative and regulatory efforts to allow third parties, under specific
circumstances and conditions, to collect and transport household hazardous waste to
collection facilities.
222. SUPPORT legislation that seeks to remedy the environmental degradation and solid
waste management problems on a State-wide basis of polystyrene containers and single-
use plastic bags typically given away for free at grocery, retail and other establishments.
223. SUPPORT legislation that does not require increased diversion from landfills without an
adequate funding mechanism.
224. SUPPORT legislation that would make changes to the used tire redemption program.
Instead of collecting a disposal fee from the consumer when new tires are purchased, a
disposal fee would be collected at the wholesale level and redeemed by the disposal site
when the used tires are brought to the site. The party bringing the tires to the disposal
site would also receive a portion of the fee.
225. SUPPORT legislation that relieves counties with privately-operated landfills from the
state requirement for maintaining a 15-year supply of disposal capacity for waste
generated within each county. In 1989, Contra Costa County amended its general plan
to accommodate construction of Keller Canyon Landfill. Due to the difficulty in siting
landfills and the requirements of Public Resources Code 47100 – Countywide Siting
Element, the County maintained authority to control the amount of waste disposed at this
facility from outside the county. Despite Contra Costa County’s opposition, AB 845
became law on January 1, 2013 and prohibits any jurisdiction from regulating the
amount of waste disposed at a privately-operated landfill based on its place of origin.
Because local jurisdictions can no longer control importation of waste to privately-
operated landfills, a host County that receives a significant amount of waste from outside
the county will have a greater need to undertake the difficult task of identifying new
disposal capacity pursuant to the Countywide Siting Element requirement. Since the
state believes there is no need for local jurisdictions to regulate disposal of solid waste
by place of origin, the state should remove existing statutes that require each County with
Attachment C
Page 72 of 104
Contra Costa County 37
privately-operated landfills to identify sufficient disposal capacity for the waste
generated by the jurisdictions within that County.
226. SUPPORT legislation that can reduce the amount of harmful pharmaceuticals (including
veterinary medicine) that ultimately enter waste water treatment facilities, bodies of
water, and landfills.
227. SUPPORT legislative and regulatory efforts to restrict payments from the Beverage
Container Recycling Program Fund for redemption of beverage containers sold out of
state. Fraudulent redemption of these beverage containers is costing the Fund from $40
million to $200 million annually. This fraud combined with loans to the General Fund to
reduce the State budget deficit has significantly reduced the availability of funds for
increasing recycling as intended under the law.
228. SUPPORT legislative and regulatory efforts that correct the imbalance between the
County’s regulatory authority to control the collection and disposal of solid waste
generated within the unincorporated areas and our exposure to state penalties for failing
to meet state mandates for diverting solid waste generated within these areas as a result of
Appellate Court decisions. In litigation where the County sought to protect its solid waste
franchise authority for unincorporated areas the court awarded franchise authority to the
Rodeo Sanitary District and Mountain View Sanitary District while the County remains
exposed to state penalties for failing to meet state mandates for reducing disposal of solid
waste generated in these areas.
Workforce Development
229. SUPPORT legislative and regulatory efforts that make the necessary changes to existing
law for the implementation of the federal Workforce Innovation and Opportunity Act
(WIOA) in California. The County supports legislation that would include provisions
that state that the Local Plan developed by local workforce boards should be the basis of
all workforce planning in the local areas and all workforce-related state grants.
Additionally, the County supports provisions that ensure that staffing costs and support
services should be included in the training expenditure requirement. Finally, the County
supports provisions that require all programs listed in the Workforce Innovation &
Opportunity Act (WIOA) work together to ensure that data is collected and reported
across all programs, utilizing the state’s base-wage file system to ease local reporting
burdens.
Attachment C
Page 73 of 104
LEGISLATION COMMITTEE 5.
Meeting Date:02/13/2017
Subject:Reentry and Justice Related Bills of Interest
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2017-04
Referral Name: Reentry and Justice Related Bills of Interest
Presenter: L. DeLaney Contact:
Referral History:
The Legislation Committee reviews and makes recommendations to the Board of Supervisors on
bills that may affect the County reentry and justice-related efforts.
Referral Update:
The Board of Supervisors' adopted 2017 State Platform includes policies related to the law and
justice systems, Public Safety Realignment, and reentry efforts.
These policies include #189 related to bail reform: SUPPORT legislative reform of current bail
provisions that will replace reliance on money bail with a system that incorporates a pretrial risk
assessment tool and evidence-based pretrial release decisions. The current reliance on fixed bail
schedules and commercial money bonds ignores public safety factors and unfairly penalizes poor
people who are awaiting trial. Bail reform in this manner will ensure that only dangerous persons
who cannot be safely supervised in the community while they are awaiting trial will be held in
custody pretrial. Locally, our County has moved in this direction with an AB109 funded pretrial
program.
The Platform also includes policy #154 related to CalFresh enrollment: SUPPORT a federal
waiver that would allow county social services agencies to process CalFresh applications for jail
inmates and suspend rather than terminate CalFresh eligibility when a recipient is detailed in a
county jail for a period of less than a year.
Three bills have been introduced that deal with these subject matters. Staff recommends that the
Legislation Committee considers finding these bills consistent with the Board of Supervisors'
adopted 2017 State Platforma and directs staff to prepare and distribute letters of support.
AB 42 (Bonta): Bail Reform and SB 10 (Hertzberg): Bail: Pretrial Release: Two bills that
have been introduced thus far. The bills are essentially similar and state the intent of the
Legislature to reduce the number of people detained pretrial and to ensure that people are not held
simply because of their inability to afford bail: “It is the intent of the Legislature to enact
Page 74 of 104
legislation to safely reduce the number of people detained pretrial, while addressing racial and
economic disparities in the pretrial system, to ensure that people are not held in pretrial detention
simply because of their inability to afford money bail.”
SB 10 would require the court to release a defendant being held for a misdemeanor offense on his
or her own recognizance unless the
court makes an additional finding on the record that there is no condition or combination of
conditions that would reasonably ensure
public safety and the appearance of the defendant if the defendant is released on his or her own
recognizance.
SB 10 was referred to the Senate Committee on Public Safety, which is chaired by Senator Nancy
Skinner. AB 42 is pending referral in the Assembly.
AB 42 is included as Attachment A. SB 10 is included as Attachment B.
SB 167 (Skinner): Supplemental Security Income & CalFresh: Preenrollment
This bill would require the Secretary of California Department of Corrections and Rehabilitation
(CDCR) to establish a Memorandum of Understanding with the federal Social Security
Administration to allow a person incarcerated in a correctional institution to apply for and receive
a replacement social security card and to allow the administration to provide SSI claims under the
pre-release program. In addition, this bill would require the Department of Social Services to
request a waiver to allow for the pre-enrollment of otherwise eligible applicants to the CalFresh
program up to one month prior to the applicant's reentry into the community from county jail or
state prison.
Status: Introduced on 1/23/17.
This bill is sponsored by the County Welfare Directors Association (CWDA) and Western Center
on Law and Poverty. SB 167 was referred to the Senate Committees on Human Services and
Public Safety. Senator Steve Glazer is on the Human Services Committee.
Urban Counties of California (UCC) Position: Pending.
SB 167 is included as Attachment C.
Recommendation(s)/Next Step(s):
CONSIDER finding that a position of "Support" on AB 42 (Bonta): Bail Reform, SB 10
(Hertzberg): Bail: Pretrial Release, and SB 167 (Skinner): Supplemental Security Income &
CalFresh: Preenrollment, is consistent with the Board of Supervisors' adopted 2017 State Platform
and direct staff to prepare and distribute advocacy letters as needed.
Page 75 of 104
Attachments
Attachment A: AB 42
Attachment B: SB 10
Attachment C: SB 167
Page 76 of 104
california legislature—2017–18 regular session
ASSEMBLY BILL No. 42
Introduced by Assembly Members Bonta, Bloom, Chiu, Quirk, and
Mark Stone
(Principal coauthors: Senators Hertzberg, Allen, Mitchell, and Wiener)
December 5, 2016
An act relating to bail.
legislative counsel’s digest
AB 42, as introduced, Bonta. Bail reform.
Existing law provides for the procedure of approving and accepting
bail, and issuing an order for the appearance and release of an arrested
person. Existing law requires that bail be set in a fixed amount, as
specified, and requires, in setting, reducing, or denying bail, a judge or
magistrate to take into consideration the protection of the public, the
seriousness of the offense charged, the previous criminal record of the
defendant, and the probability of his or her appearing at trial or at a
hearing of the case.
This bill would state the intent of the Legislature to enact legislation
to safely reduce the number of people detained pretrial, while addressing
racial and economic disparities in the pretrial system, to ensure that
people are not held in pretrial detention simply because of their inability
to afford money bail.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
99
Attachment A
Page 77 of 104
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) Modernization of the pretrial system is urgently needed in
line 4 California, where thousands of individuals held in county jails
line 5 across the state have not been convicted of a crime and are detained
line 6 while awaiting trial simply because they cannot afford to post
line 7 money bail or pay a commercial bail bond company. In 2015, 63%
line 8 of people in California jails were either awaiting trial or sentencing.
line 9 As compared with the rest of the country, California has relied on
line 10 pretrial detention at much higher rates than other states.
line 11 (b) California’s existing pretrial detention practices allow a
line 12 person’s wealth rather than the person’s likelihood of success on
line 13 pretrial release to determine whether the person will remain in jail
line 14 before the person’s case is resolved. Detaining people simply due
line 15 to an inability to afford money bail violates the American principles
line 16 of equal protection and fundamental fairness. Nationwide, the
line 17 majority of people who are unable to meet money bail fall within
line 18 the poorest one-third of society.
line 19 (c) The consequences of pretrial detention—which include
line 20 greater likelihood of innocent people pleading guilty to a crime,
line 21 longer sentences upon conviction, loss of employment, income,
line 22 and housing, and traumatic family disruption—disproportionately
line 23 affect people of color and low-income people.
line 24 (d) The commercial money bail system, which requires people
line 25 to pay nonrefundable deposits to private companies in order to
line 26 secure release from jail, often leaves people in debt and drives
line 27 them and their families further into poverty. The commercial
line 28 money bail system does not improve rates of appearance in court
line 29 or enhance public safety.
line 30 (e) California should follow the lead of the federal government
line 31 and jurisdictions across the country that have stopped making
line 32 wealth-based decisions on pretrial detention and instead have
line 33 shifted to a system that evaluates whether an individual can be
line 34 safely returned to the community as well as make required court
line 35 appearances, and, if so, under what conditions.
line 36 (f) It is far more expensive to house a person in jail than to safely
line 37 release him or her pending trial with conditions of release or
line 38 pretrial supervision.
99
— 2 —AB 42
Attachment A
Page 78 of 104
line 1 (g) While unnecessary pretrial detention has been found to
line 2 increase the likelihood that some defendants will commit new
line 3 crimes, appropriate pretrial release can reduce recidivism.
line 4 (h) Pretrial services programs have already been successfully
line 5 implemented in many California jurisdictions, and have helped to
line 6 reduce pretrial jail populations, save money, increase rates of
line 7 appearance in court, and protect the public.
line 8 (i) Increasing the use of evidence-based practices in pretrial
line 9 decisions will provide judges, law enforcement agencies, and
line 10 pretrial service providers with additional tools to both assist them
line 11 in assessing a defendant’s likelihood of success on pretrial release
line 12 and to identify and meet the needs of those defendants and the
line 13 community to assure constitutional and statutory objectives.
line 14 (j) Modernizing pretrial practices will support the goals of the
line 15 Public Safety Realignment Act of 2011 by providing additional
line 16 options to manage pretrial populations using best practices
line 17 developed over many years across many jurisdictions.
line 18 SEC. 2. It is the intent of the Legislature to enact legislation
line 19 to safely reduce the number of people detained pretrial, while
line 20 addressing racial and economic disparities in the pretrial system,
line 21 to ensure that people are not held in pretrial detention simply
line 22 because of their inability to afford money bail.
O
99
AB 42— 3 — Attachment A
Page 79 of 104
AMENDED IN SENATE JANUARY 17, 2017
SENATE BILL No. 10
Introduced by Senators Hertzberg, Allen, Anderson, Atkins, Beall,
Bradford, Lara, Mitchell, Monning, Wieckowski, and Wiener
(Principal coauthors: Assembly Members Bonta, Bloom, Chiu, Quirk,
and Mark Stone)
December 5, 2016
An act to amend Section 1270 of the Penal Code, relating to bail.
legislative counsel’s digest
SB 10, as amended, Hertzberg. Bail: pretrial release.
Existing law provides for the procedure of approving and accepting
bail, and issuing an order for the appearance and release of an arrested
person. Existing law requires that bail be set in a fixed amount, as
specified, and requires, in setting, reducing, or denying bail, a judge or
magistrate to take into consideration the protection of the public, the
seriousness of the offense charged, the previous criminal record of the
defendant, and the probability of his or her appearing at trial or at a
hearing of the case. Under existing law, the magistrate or commissioner
to whom the application is made is authorized to set bail in an amount
that he or she deems sufficient to ensure the defendant’s appearance or
to ensure the protection of a victim, or family member of a victim, of
domestic violence, and to set bail on the terms and conditions that he
or she, in his or her discretion, deems appropriate, or he or she may
authorize the defendant’s release on his or her own recognizance.
Existing law provides that a defendant being held for a misdemeanor
offense is entitled to be released on his or her own recognizance, unless
the court makes a finding on the record that an own recognizance
98
Attachment B
Page 80 of 104
release would compromise public safety or would not reasonably ensure
the appearance of the defendant as required.
This bill would require the court to release a defendant being held
for a misdemeanor offense on his or her own recognizance unless the
court makes an additional finding on the record that there is no
condition or combination of conditions that would reasonably ensure
public safety and the appearance of the defendant if the defendant is
released on his or her own recognizance.
This bill would declare the intent of the Legislature to enact legislation
that would safely reduce the number of people detained pretrial, while
addressing racial and economic disparities in the pretrial system, and
to ensure that people are not held in pretrial detention simply because
of their inability to afford money bail.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) Modernization of the pretrial system is urgently needed in
line 4 California, where thousands of individuals held in county jails
line 5 across the state have not been convicted of a crime and are detained
line 6 while awaiting trial simply because they cannot afford to post
line 7 money bail or pay a commercial bail bond company. In 2015, 63
line 8 percent of people in California jails were either awaiting trial or
line 9 sentencing. As compared with the rest of the country, California
line 10 has relied on pretrial detention at much higher rates than other
line 11 states.
line 12 (b) California’s existing pretrial detention practices allow a
line 13 person’s wealth rather than the person’s likelihood of success on
line 14 pretrial release to determine whether the person will remain in jail
line 15 before the person’s case is resolved. Detaining people simply due
line 16 to an inability to afford money bail violates the American principles
line 17 of equal protection and fundamental fairness. Nationwide, the
line 18 majority of people who are unable to meet money bail fall within
line 19 the poorest third of society.
line 20 (c) The consequences of pretrial detention — which include a
line 21 greater likelihood of innocent people pleading guilty to a crime,
line 22 longer sentences upon conviction, loss of employment, income,
98
— 2 —SB 10
Attachment B
Page 81 of 104
line 1 and housing, and traumatic family disruption — disproportionately
line 2 affect people of color and low-income people.
line 3 (d) The commercial money bail system, which requires people
line 4 to pay nonrefundable deposits to private companies in order to
line 5 secure release from jail, often leaves people in debt and drives
line 6 them and their families further into poverty. The commercial
line 7 money bail system does not improve rates of appearance in court
line 8 or enhance public safety.
line 9 (e) California should follow the lead of the federal government
line 10 and jurisdictions across the country that have stopped making
line 11 wealth-based decisions on pretrial detention and instead have
line 12 shifted to a system that evaluates whether an individual can be
line 13 safely returned to the community as well as make required court
line 14 appearances, and, if so, under what conditions.
line 15 (f) It is far more expensive to house a person in jail than to safely
line 16 release him or her pending trial with conditions of release or
line 17 pretrial supervision.
line 18 (g) While unnecessary pretrial detention has been found to
line 19 increase the likelihood that some defendants will commit new
line 20 crimes, appropriate pretrial release can reduce recidivism.
line 21 (h) Pretrial services programs have already been successfully
line 22 implemented in many California jurisdictions and have helped to
line 23 reduce pretrial jail populations, save money, increase rates of
line 24 appearance in court, and protect the public.
line 25 (i) Increasing the use of evidence-based practices in pretrial
line 26 decisions will provide judges, law enforcement agencies, and
line 27 pretrial service providers with additional tools to both assist them
line 28 in assessing a defendant’s likelihood of success on pretrial release
line 29 and to identify and meet the needs of those defendants and the
line 30 community to ensure constitutional and statutory objectives.
line 31 (j) Modernizing pretrial practices will support the goals of the
line 32 Public Safety Realignment Act of 2011 by providing additional
line 33 options to manage pretrial populations using best practices
line 34 developed over many years across many jurisdictions.
line 35 SEC. 2. It is the intent of the Legislature to enact legislation
line 36 that would safely reduce the number of people detained pretrial,
line 37 while addressing racial and economic disparities in the pretrial
line 38 system, and to ensure that people are not held in pretrial detention
line 39 simply because of their inability to afford money bail.
line 40 SEC. 3. Section 1270 of the Penal Code is amended to read:
98
SB 10— 3 — Attachment B
Page 82 of 104
line 1 1270. (a) Any A person who has been arrested for, or charged
line 2 with, an offense other than a capital offense may be released on
line 3 his or her own recognizance by a court or magistrate who could
line 4 release a defendant from custody upon the defendant giving
line 5 monetary bail, including a defendant arrested upon an
line 6 out-of-county warrant. A defendant who is in custody and is
line 7 arraigned on a complaint alleging an offense which is a
line 8 misdemeanor, and a defendant who appears before a court or
line 9 magistrate upon an out-of-county warrant arising out of a case
line 10 involving only misdemeanors, shall be entitled to an own
line 11 recognizance release unless the court makes a finding on the record,
line 12 record that there is no condition or combination of conditions that
line 13 would reasonably ensure public safety and the appearance of the
line 14 defendant as required, and that, in accordance with Section 1275,
line 15 that an own recognizance release will compromise public safety
line 16 or will not reasonably assure ensure the appearance of the
line 17 defendant as required. Public safety shall be the primary
line 18 consideration. If the court makes one of those findings, the court
line 19 shall then set monetary bail and specify the conditions, if any,
line 20 whereunder the defendant shall be released.
line 21 (b) Article 9 (commencing with Section 1318) shall apply to
line 22 any person who is released pursuant to this section.
O
98
— 4 —SB 10
Attachment B
Page 83 of 104
SENATE BILL No. 167
Introduced by Senator Skinner
January 23, 2017
An act to add Section 5067 to the Penal Code, and to add Section
18901.35 to the Welfare and Institutions Code, relating to public social
services.
legislative counsel’s digest
SB 167, as introduced, Skinner. Supplemental Security Income and
CalFresh: preenrollment.
Existing federal law establishes various disability benefits programs,
including the Supplemental Security Income (SSI) program, under
which cash assistance is provided to qualified low-income aged, blind,
and disabled persons. Existing federal law requires the federal
Commissioner of Social Security to develop a system under which an
individual can apply for SSI benefits prior to the discharge or release
of the individual from a public institution.
This bill would require the Secretary of the Department of Corrections
and Rehabilitation to establish memoranda of understanding with the
federal Social Security Administration to allow a person incarcerated
in a correctional institution to apply for and receive a replacement social
security card and to allow the administration to process SSI claims
under the prerelease program.
Existing federal law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), known in California as CalFresh, formerly
the Food Stamp Program, under which supplemental nutrition assistance
benefits allocated to the state by the federal government are distributed
to eligible individuals by each county. Existing federal law generally
prohibits a resident of an institution from receiving supplemental
nutrition assistance benefits.
99
Attachment C
Page 84 of 104
This bill would require the State Department of Social Services, on
or before March 31, 2018, to request a waiver to allow for the
preenrollment of otherwise eligible applicants to the CalFresh program
up to one month prior to the applicant’s reentry into the community
from county jail or state prison.
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. It is the intent of the Legislature to improve the
line 2 public health of communities receiving people reentering the
line 3 community from jail or prison and to increase the likelihood of
line 4 success of people reentering their communities.
line 5 SEC. 2. Section 5067 is added to the Penal Code, to read:
line 6 5067. (a) Unless the report required pursuant to Section 3016
line 7 recommends otherwise, the Secretary of the Department of
line 8 Corrections and Rehabilitation shall establish both of the following
line 9 memoranda of understanding with the federal Social Security
line 10 Administration:
line 11 (1) A memorandum of understanding that would allow a person
line 12 incarcerated in a correctional facility subject to this code to apply
line 13 for and receive a replacement social security card. The
line 14 memorandum shall also be required to comply with the Privacy
line 15 Act of 1974, as amended (5 U.S.C. Sec. 552a), Section 1106 of
line 16 the Social Security Act (42 U.S.C. Sec. 1306), and the federal
line 17 Social Security Administration’s disclosure regulations and
line 18 guidance promulgated thereunder.
line 19 (2) A memorandum of understanding that would allow the
line 20 federal Social Security Administration to process Supplemental
line 21 Security Income claims under the prerelease program established
line 22 by Section 1631(m) of the federal Social Security Act (42 U.S.C.
line 23 Sec. 1383(m)) and the regulations promulgated thereunder.
line 24 (b) A memorandum of understanding established pursuant to
line 25 subdivision (a) shall not supplant any prior related agreement a
line 26 correctional facility has entered into with the federal Social
line 27 Security Administration.
line 28 SEC. 3. Section 18901.35 is added to the Welfare and
line 29 Institutions Code, to read:
99
— 2 —SB 167
Attachment C
Page 85 of 104
line 1 18901.35. The department shall submit to the United States
line 2 Department of Agriculture, on or before March 31, 2018, a request
line 3 to waive Section 273.1(b)(7)(vi) of Title 7 of the Code of Federal
line 4 Regulations to allow for the preenrollment of otherwise eligible
line 5 applicants to the CalFresh program up to one month prior to the
line 6 applicant’s reentry into the community from county jail or state
line 7 prison.
O
99
SB 167— 3 — Attachment C
Page 86 of 104
LEGISLATION COMMITTEE 6.
Meeting Date:02/13/2017
Subject:State Bills of Interest to Contra Costa County
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2017-05
Referral Name: State Bills of Interest
Presenter: L. DeLaney and Cathy Christian Contact:
Referral History:
The Legislation Committee regularly reviews and makes recommendations to the Board of
Supervisors on state bills of interest that may impact or affect County operations and programs.
Attached is the Master List of state bills that County staff is reviewing and monitoring
(Attachment A).
The last day for bills to be introduced is February 17, 2017. The 2017 Legislative Session
calendar is Attachment B.
Staff is watching for bills that may be introduced related to:
1. Changing a law that bars paramedics from taking patients to mental health urgent care and
sobering centers.
2. The collection of a DNA sample upon the conviction of specified misdemeanors.
3. The support of fire protection efforts in east Contra Costa County.
4. Proposed restructuring of the administration and enforcement of water rights and the State
Water Project
Referral Update:
State bills of interest to Contra Costa County are identified by staff, our state advocates, UCC and
CSAC staff, and other county-related associations. The Legislation Committee may provide
direction to staff on pursuing additional information and input about the potential impacts of bills
on County operations and programs, or may make recommendations on advocacy positions to the
Board of Supervisors.
Recommendation(s)/Next Step(s):
REVIEW the Master List of State Bills of Interest to Contra Costa County and provide direction
Page 87 of 104
REVIEW the Master List of State Bills of Interest to Contra Costa County and provide direction
to staff, as needed.
Attachments
Attachment A: Master List of Bills
Attachment B: 2017 Legislative Calendar
Page 88 of 104
February 8, 2017 Page 1
Master List of Bills of Interest
2017
CA AB 1 AUTHOR: Frazier [D]
TITLE: Transportation Funding
INTRODUCED: 12/05/2016
DISPOSITION: Pending
LOCATION: Assembly Transportation Committee
SUMMARY:
Creates the Road Maintenance and Rehabilitation Program to address deferred
maintenance on the state highway and local street and road systems. Provides
for certain funds, creation of the Office of the Transportation Inspector General,
certain loan repayments, diesel fuel excise tax revenues, the appropriations to
the Low Carbon Transit Operations Program, gasoline excise taxes, a certain
CEQA exemption, an Advance Mitigation Program, and a certain surface
transportation project delivery program.
STATUS:
01/19/2017 To ASSEMBLY Committees on TRANSPORTATION and
NATURAL RESOURCES.
BOS: Support
CA AB 42 AUTHOR: Bonta [D]
TITLE: Bail Reform
INTRODUCED: 12/05/2016
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
States the intent of the Legislature to enact legislation to safely reduce the
number of people detained pretrial, and to ensure that people are not held in
pretrial detention simply because of their inability to afford money bail.
STATUS:
12/05/2016 INTRODUCED.
Commentary:
Consistent with Platform Policy #189.
CA AB 210 AUTHOR: Santiago [D]
TITLE: Homeless Multidisciplinary Personnel Team
INTRODUCED: 01/23/2017
DISPOSITION: Pending
LOCATION: Assembly Human Services Committee
SUMMARY:
Authorizes counties to also establish a homeless adult, child, and family
multidisciplinary personnel team with the goal of facilitating the expedited
identification, assessment, and linkage of homeless individuals to housing and
supportive services and to allow provider agencies to share confidential
information for the purpose of coordinating such services.
STATUS:
02/06/2017 To ASSEMBLY Committees on HUMAN SERVICES and
PRIVACY AND CONSUMER PROTECTION.
BOS: Watch
CA AB 216 AUTHOR: Gonzalez [D]
Page 89 of 104
February 8, 2017 Page 2
TITLE: Vote by Mail Ballots: Identification Envelopes
INTRODUCED: 01/24/2017
DISPOSITION: Pending
LOCATION: Assembly Elections and Redistricting Committee
SUMMARY:
Clarifies that the elections official is required to deliver to each qualified vote by
mail applicant an identification envelope for the return of the vote by mail ballot
and requires the identification envelope to have prepaid postage.
STATUS:
02/06/2017 To ASSEMBLY Committee on ELECTIONS AND
REDISTRICTING.
Commentary:
Sent to JC
CA SB 2 AUTHOR: Atkins [D]
TITLE: Building Homes and Jobs Act
INTRODUCED: 12/05/2016
DISPOSITION: Pending
LOCATION: Senate Transportation and Housing Committee
SUMMARY:
Enacts the Building Homes and Jobs Act. Imposes a fee to be paid at the time of
the recording of every real estate instrument, paper, or notice. Provides for
expenditures for affordable owner-occupied workforce housing, housing for
purposes related to agricultural workers and their families, affordable housing,
and other housing-related programs.
STATUS:
01/12/2017 To SENATE Committees on TRANSPORTATION AND
HOUSING and GOVERNANCE AND FINANCE.
Commentary:
TO LEG COM
BOS: Watch
CA SB 3 AUTHOR: Beall [D]
TITLE: Affordable Housing Bond Act of 2018
INTRODUCED: 12/05/2016
DISPOSITION: Pending
LOCATION: Senate Transportation and Housing Committee
SUMMARY:
Enacts the Affordable Housing Bond Act of 2018 which would authorize the
issuance of bonds to be used to finance various existing housing programs, as
well as infill infrastructure financing and affordable housing matching grant
programs.
STATUS:
01/12/2017 To SENATE Committees on TRANSPORTATION AND
HOUSING and GOVERNANCE AND FINANCE.
Commentary:
TO LEG COM
CA SB 8 AUTHOR: Beall [D]
TITLE: Diversion: Mental Disorders
INTRODUCED: 12/05/2016
Page 90 of 104
February 8, 2017 Page 3
DISPOSITION: Pending
LOCATION: Senate Public Safety Committee
SUMMARY:
Authorizes a court to postpone prosecution of a misdemeanor or a felony
punishable in a county jail, and place a defendant in a pretrial diversion
program, if the court is satisfied the defendant suffers from a mental disorder
and meets certain other requirements. Allows the defense to arrange for a
program of mental health treatment utilizing existing inpatient or outpatient
mental health resources.
STATUS:
01/12/2017 To SENATE Committee on PUBLIC SAFETY.
BOS: Watch
CA SB 10 AUTHOR: Hertzberg [D]
TITLE: Bail: Pretrial Release
INTRODUCED: 12/05/2016
LAST AMEND: 01/17/2017
DISPOSITION: Pending
LOCATION: Senate Public Safety Committee
SUMMARY:
Relates to bail and pretrial release. Requires the court to release a defendant
being held for a misdemeanor offense on his or her own recognizance unless the
court makes an additional finding on the record that there is no condition or
combination of conditions that would reasonably ensure public safety and the
appearance of the defendant if the defendant is released on his or her own
recognizance.
STATUS:
01/26/2017 Re-referred to SENATE Committee on PUBLIC SAFETY.
Commentary:
Consistent with Platform
CA SB 167 AUTHOR: Skinner [D]
TITLE: Supplemental Security Income & CalFresh: Preenrollment
INTRODUCED: 01/23/2017
DISPOSITION: Pending
LOCATION: Senate Human Services Committee
SUMMARY:
Requires the Secretary of the Department of Corrections and Rehabilitation to
establish memoranda of understanding with the federal Social Security
Administration to allow a person incarcerated in a correctional institution to
apply for a replacement social security card and to allow the administration to
process SSI claims under a prerelease program.
STATUS:
02/02/2017 To SENATE Committees on HUMAN SERVICES and PUBLIC
SAFETY.
Commentary:
Consistent with Platform
CA SB 184 AUTHOR: Morrell [R]
TITLE: Social Security Number Truncation Program
INTRODUCED: 01/25/2017
Page 91 of 104
February 8, 2017 Page 4
DISPOSITION: Pending
LOCATION: Senate Governmental Organization Committee
SUMMARY:
Provides that, for each official record recorded before a certain date, a county
recorder may create a copy of that record in an electronic format and truncate
any social security number contained in that record.
STATUS:
02/02/2017 To SENATE Committees on GOVERNANCE AND FINANCE and
JUDICIARY.
BOS: Watch
CA SB 192 AUTHOR: Beall [D]
TITLE: Mental Health
INTRODUCED: 01/30/2017
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Relates to the Mental Health Services Act, which imposes a tax on incomes
above a specified sum for the purpose of financing new or expanded mental
health services.
STATUS:
01/30/2017 INTRODUCED.
BOS: Watch
CA SB 224 AUTHOR: Jackson [D]
TITLE: Environmental Quality Act: Baseline Conditions
INTRODUCED: 02/02/2017
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Relates to the California Environmental Quality Act. Prohibits a lead agency, in
determining the baseline physical conditions by which a lead agency determines
whether a project has a significant effect on the environment, from considering
the effects of certain actions on the environment.
STATUS:
02/02/2017 INTRODUCED.
BOS: Watch
Copyright (c) 2017 State Net. All rights reserved.
Page 92 of 104
2017 TENTATIVE LEGISLATIVE CALENDAR
COMPILED BY THE OFFICE OF THE ASSEMBLY CHIEF CLERK
Revised 11-16-16
JANUARY
S M T W TH F S
Wk. 1 1 2 3 4 5 6 7
Wk. 2 8 9 10 11 12 13 14
Wk. 3 15 16 17 18 19 20 21
Wk. 4 22 23 24 25 26 27 28
Wk. 1 29 30 31
DEADLINES
Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).
Jan. 4 Legislature reconvenes (J.R. 51(a)(1)).
Jan. 10 Budget Bill must be submitted by Governor (Art. IV, Sec. 12(a)).
Jan. 16 Martin Luther King, Jr. Day.
Jan. 20 Last day to submit bill requests to Office of Legislative Counsel.
FEBRUARY
S M T W TH F S
Wk. 1 1 2 3 4
Wk. 2 5 6 7 8 9 10 11
Wk. 3 12 13 14 15 16 17 18
Wk. 4 19 20 21 22 23 24 25
Wk. 1 26 27 28
Feb. 17 Last day for bills to be introduced (J.R. 61(a)(1), J.R. 54(a)).
Feb. 20 Presidents' Day.
MARCH
S M T W TH F S
Wk. 1 1 2 3 4
Wk. 2 5 6 7 8 9 10 11
Wk. 3 12 13 14 15 16 17 18
Wk. 4 19 20 21 22 23 24 25
Wk. 1 26 27 28 29 30 31
Mar. 31 Cesar Chavez Day.
APRIL
S M T W TH F S
Wk. 1 1
Wk. 2 2 3 4 5 6 7 8
Spring
Recess 9 10 11 12 13 14 15
Wk. 3 16 17 18 19 20 21 22
Wk. 4 23 24 25 26 27 28 29
Wk. 1 30
Apr. 6 Spring Recess begins upon adjournment (J.R. 51(a)(2)).
Apr. 17 Legislature reconvenes from Spring Recess (J.R. 51(a)(2)).
Apr. 28 Last day for policy committees to hear and report fiscal bills for
referral to fiscal committees (J.R. 61(a)(2)).
MAY
S M T W TH F S
Wk. 1 1 2 3 4 5 6
Wk. 2 7 8 9 10 11 12 13
Wk. 3 14 15 16 17 18 19 20
Wk. 4 21 22 23 24 25 26 27
No
Hrgs. 28 29 30 31
May 12 Last day for policy committees to hear and report to the floor nonfiscal
bills (J.R. 61(a)(3)).
May 19 Last day for policy committees to meet prior to June 5 (J.R. 61(a)(4)).
May 26 Last day for fiscal committees to hear and report bills to the floor
(J.R. 61 (a)(5)). Last day for fiscal committees to meet prior to June 5
(J.R. 61 (a)(6)).
May 29 Memorial Day observed.
May 30-June 2 Floor session only. No committee may meet for any purpose
except for Rules Committee and Conference Committees
(J.R. 61(a)(7)).
Page 1 of 2
Page 93 of 104
2017 TENTATIVE LEGISLATIVE CALENDAR
COMPILED BY THE OFFICE OF THE ASSEMBLY CHIEF CLERK
Revised 11-16-16
JUNE
S M T W TH F S
No
Hrgs. 1 2 3
Wk. 1 4 5 6 7 8 9 10
Wk. 2 11 12 13 14 15 16 17
Wk. 3 18 19 20 21 22 23 24
Wk. 4 25 26 27 28 29 30
June 2 Last day to pass bills out of house of origin (J.R. 61(a)(8)). Committee
meetings may resume (J.R. 61(a)(9)).
June 15 Budget Bill must be passed by midnight (Art. IV, Sec. 12(c)(3)).
JULY
S M T W TH F S
Wk. 4 1
Wk. 1 2 3 4 5 6 7 8
Wk. 2 9 10 11 12 13 14 15
Wk. 3 16 17 18 19 20 21 22
Summer
Recess 23 24 25 26 27 28 29
Summer
Recess 30 31
July 4 Independence Day.
July 14 Last day for policy committees to hear and report fiscal bills for referral to
fiscal committees (J.R. 61(a)(10).
July 21 Last day for policy committees to hear and report bills (J.R. 61(a)(11)).
Summer Recess begins upon adjournment, provided Budget Bill has
been passed (J.R. 51 (a)(3)).
AUGUST
S M T W TH F S
Summer
Recess 1 2 3 4 5
Summer
Recess 6 7 8 9 10 11 12
Summer
Recess 13 14 15 16 17 18 19
Wk. 4 20 21 22 23 24 25 26
Wk. 1 27 28 29 30 31
Aug. 21 Legislature reconvenes from Summer Recess (J.R. 51 (a)(3)).
SEPTEMBER
S M T W TH F S
Wk. 1 1 2
No
Hrgs. 3 4 5 6 7 8 9
No
Hrgs. 10 11 12 13 14 15 16
Interim
Recess 17 18 19 20 21 22 23
Interim
Recess 24 25 26 27 28 29 30
Sept. 1 Last day for fiscal committees to meet and report bills to the Floor
(J.R. 61(a)(12)).
Sept. 4 Labor Day.
Sept. 5– 15 Floor session only. No committee may meet for any purpose
(J.R. 61(a)(13)).
Sept. 8 Last day to amend on the Floor (J.R. 61(a)(14)).
Sept. 15 Last day for any bill to be passed (J.R. 61(a)(15)). Interim Recess begins
on adjournment (J.R. 51(a)(4)).
IMPORTANT DATES OCCURRING DURING INTERIM RECESS
2017
Oct. 15 Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 15
and in the Governor’s possession after Sept. 15 (Art. IV, Sec.10(b)(1)).
2018
Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).
Jan. 3 Legislature reconvenes (J.R. 51(a)(4)).
Page 2 of 2
Page 94 of 104
LEGISLATION COMMITTEE 7.
Meeting Date:02/13/2017
Subject:Federal Issues Update
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2017-03
Referral Name: Federal Issues Update
Presenter: L. DeLaney Contact:
Referral History:
Contra Costa County's federal lobbyist, Paul Schlesinger of Alcalde & Fay, regularly provides
updates on federal issues of interest to the County. Joe Krahn is the federal lobbyist for the
California State Association of Counties (CSAC) and provides updates to counties as well. These
updates are routinely provided to the Legislation Committee for their review and direction to staff,
as needed.
In addition, Supervisor Mitchoff's staff has referred a correspondence from Congressman Mike
Thompson to the Legislation Committee in regards to two federal pieces of legislation that have
recently been introduced. The bills would amend federal law with respect to concealed carry
permits and firearms silencers. Congressman Thompson is seeking input and feedback on the
bills. The letter from Congressman Thompson, which includes text of the bills, is included as
Attachment A. The Board of Supervisors' adopted 2017 Federal Platform does not contain policies
related to these subjects.
Referral Update:
President Donald Trump nominated federal appellate court judge Neil Gorsuch to the U.S.
Supreme Court on Tuesday, Jan. 31. As expected, congressional Republicans applauded the
selection of Gorsuch, whose conservative views on many issues parallel those of the late Justice
Antonin Scalia. For his part, Senate Democratic Leader Chuck Schumer (D-NY) promised to
require an exhaustive, robust, and comprehensive debate on Gorsuch’s nomination while at the
same time expressing serious doubts about the nominee. Likewise, a number of congressional
Democrats were quick to assail the president’s choice to serve on the nation’s highest court,
signaling concerns with some of Judge Gorsuch’s previous legal opinions. The clear partisan
divide over Gorsuch’s nomination portends what is expected to be a bitter and perhaps prolonged
fight in the Senate. With many Democrats still upset over the fact that Republican leaders refused
to grant a hearing or vote for President Obama’s Supreme Court nominee, Merrick Garland, the
expectation is that the minority party will do everything in its power to resist Gorsuch. While
current Senate rules require a 60-vote threshold to advance a Supreme Court nominee,
Republicans have not dismissed employing the so-called “nuclear option,” which would mean
Page 95 of 104
Republicans have not dismissed employing the so-called “nuclear option,” which would mean
rewriting Senate rules to require just 51 votes to approve Judge Gorsuch’s nomination. In related
developments, Senate Republican committee leaders clashed this week with their Democratic
counterparts over several of President Trump’s key cabinet nominees. Partisan tensions reached a
boiling point as Democrats who serve on the Finance Committee and Environment and Public
Works (EPW) Committee boycotted the consideration of three of Trump’s cabinet-level
selections. In response, Finance Committee Republicans ultimately decided to shelve the panel’s
quorum rules and subsequently approved the nominations of Representative Tom Price (R-GA) for
Health and Human Services secretary and Steven Mnuchin for Treasury secretary. EPW Committee
leaders are expected to follow suit in order to advance Scott Pruitt to head the Environmental
Protection Agency. Also this week, the House and Senate are considering resolutions that would
roll back so-called “midnight regulations” that were issued late in the Obama administration.
Pursuant to the Congressional Review Act, Congress has the ability to nullify agency regulations
that are issued in the final months of the previous administration. It should be noted that the law
also prevents the executive branch from imposing substantially similar regulations in the future.
Congress has only successfully used this tool once before to negate a Clinton-era rule on
ergonomic standards. Among the measures to be considered is a rule dealing with background
checks on gun purchases. The regulation, which stems from a series of orders following the mass
shooting at Sandy Hook Elementary School, requires the Social Security Administration to report
disability insurance recipients who have mental health conditions to the FBI’s background check
system. Another measure would rescind a rule requiring federal contractors to disclose their labor
violations. A third measure that is likely to be finalized this week would rescind a rule meant to
protect streams from surface mining operations.
Health Care
The House Energy and Commerce Committee and Oversight and Government Reform Committee
held four separate hearings this week on the Affordable Care Act (ACA). Across Capitol Hill, the
Senate Health, Education, Labor and Pensions Committee conducted its own ACA-related
hearing. As expected, the committee discussions featured heavy doses of partisan wrangling as
Republicans and Democrats clashed on a variety of issues, including the effectiveness of the
Obama administration’s signature health care law. Incidentally, members largely avoided offering
new ideas on forging a legislative path to repair, repeal, or replace the ACA. In other health news,
key committees in both chambers of Congress failed to meet the budget resolution’s (S Con Res
3) January 27 th statutory deadline for passage of an ACA repeal measure. Furthermore, a number
of prominent Republicans are now publicly stating that legislation dismantling the ACA should
not move forward until there is a clear legislative path and details on a suitable replacement.
Despite a desire by the Trump administration for Congress to act quickly on a repeal bill, recent
developments suggest that it will take a number of months for Republican lawmakers to produce a
cohesive legislative package. Finally, and as reported above, Senate Finance Committee
Democrats temporarily thwarted a scheduled committee vote on the nomination of Representative
Price to be secretary of the Department of Health and Human Services. Citing concerns over
Price’s past trades of health stocks while he served on congressional committees with jurisdiction
over health-care issues, Democrats abruptly boycotted the panel’s Tuesday meeting. The move
set off a firestorm of condemnation from committee Republicans, who, incidentally, boycotted
Finance Committee votes on actions proposed by then-President Obama. Committee Republicans
ultimately cleared Price for a full floor vote without the participation of any panel Democrats.
House Committee Holds Hearing on Infrastructure
Page 96 of 104
On Wednesday, February 1st, the House Transportation and Infrastructure (T&I) Committee
conducted its first hearing of the new 115th Congress. Entitled “Building a 21st Century
Infrastructure for America,” the hearing featured testimony from the leaders of several major U.S.
corporations, as well as the president of the AFL-CIO. The witnesses presented ideas on how to
modernize the nation’s aging infrastructure while discussing a number of different approaches to
financing various infrastructure upgrades and projects. For his part, T&I Committee Chairman
Bill Shuster (R-PA) did not express his support for any particular revenue-raising proposal, but
did indicate that his committee would be working with the Trump administration to identify
viable financing tools. The panel’s ranking member, Representative Peter DeFazio (D-OR),
criticized Congress for not having the foresight to increase user fees, such as the gasoline tax, as
part of the 2015 surface transportation reauthorization bill (FAST Act). It should be noted that the
T&I Committee hearing is expected to be the first in a series of discussions on infrastructure, with
the Senate EPW Committee also likely to hold its own hearings in the near future. As expected,
the need for investment in infrastructure has received increased attention since the presidential
election, when then-candidate Trump pledged to seek as much as $1 trillion for key public works
projects. For their part, Senate Democrats recently released their own 10-year, $1 trillion plan to
fund a host of aviation, surface transportation, port and waterways projects. Democrats have not
yet identified a specific funding source for their plan, though have suggested that revenue for the
program would be generated by closing tax loopholes. The Trump White House, which isn’t
expected to release the details of its infrastructure proposal for serval weeks, has indicated that its
plan would be financed via a combination of federal tax credits and public-private partnerships.
While some Republicans have embraced the administration’s pay-for, a number of conservatives
in Congress have expressed skepticism with the size and scope of such a proposal.
Joe Krahn is the president and managing partner of Waterman & Associates, CSAC’s lobbying
firm in Washington D.C. and prepared this report.
Recommendation(s)/Next Step(s):
ACCEPT the report on federal issues and provide direction to staff, as needed.
PROVIDE input to Congressman Thompson on H.R. 38 " Concealed Carry Reciprocity Act of
2017" and H.R. 367 "Hearing Protection Act of 2017."
Attachments
Attachment A: Letter from Congressman Thompson
Page 97 of 104
Attachment APage 98 of 104
Attachment APage 99 of 104
Attachment APage 100 of 104
Attachment APage 101 of 104
Attachment APage 102 of 104
Attachment APage 103 of 104
Attachment APage 104 of 104