HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 02102020 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
February 10, 2020
1:00 P.M.
651 Pine Street, Room 101, Martinez
Supervisor Karen Mitchoff, Chair
Supervisor Diane Burgis, 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. RECEIVE and APPROVE the Record of Action for the December 19, 2019
meeting of the Legislation Committee, with any necessary corrections.
4. CONSIDER recommending to the Board of Supervisors an amendment of the
adopted 2020 State Platform to pursue a state budget appropriation for the Contra
Costa CARES program, as recommended by Dr. William Walker, Health Services
Department consultant.
5. RECEIVE the report on the State Budget and State Legislation of interest and
provide direction to staff and advocates, as needed.
6. CONSIDER the federal legislative update and provide direction to staff, as needed.
7.The next meeting is currently scheduled for March 9, 2020 at 1:30 p.m. (*Note time
change)
8.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee meetings. Contact the staff person listed below at least
72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
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Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
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LEGISLATION COMMITTEE 3.
Meeting Date:02/10/2020
Subject:Record of Action for Legislation Committee Meeting
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2020-01
Referral Name: Record of Action
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
County Ordinance (Better Government Ordinance 95-6, Article 25-205, [d]) requires that each
County Body keep a record of its meetings. Though the record need not be verbatim, it must
accurately reflect the agenda and the decisions made in the meeting.
Referral Update:
Attached is the Draft Record of Action. (Attachment A)
Any handouts or printed copies of testimony distributed at the meeting will also be attached to
this meeting record. (Attachment B)
Recommendation(s)/Next Step(s):
RECEIVE and APPROVE the Record of Action.
Attachments
Attachment A: Draft Record of Action
Attachment B: Meeting Handouts
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D R A F T
LEGISLATION COMMITTEE
RECORD OF ACTION FOR
December 19, 2019
Supervisor Diane Burgis, Chair
Supervisor Karen Mitchoff, Vice Chair
Present: Diane Burgis, Chair
Karen Mitchoff, Vice Chair
Staff Present:Lara DeLaney, Senior Deputy County Administrator; Jill Ray, Fiield Representative,
District II; Amalia Cunningham, Assistant Deputy Director, DCD; Lynn Peralta,
Division Manager, Policy & Planning, EHSD; Alicia Nuchols, Field Representative,
District III; Chris Wickler, Field Representative, District IV; Ryan Hernandez, Contra
Costa Water Agency; Jody London, Sustainability Coordinator, DCD
Attendees:Dr. William Walker, Mary B.
1.Introductions
Chair Burgis opened the meeting and invited staff and public present to
introduce themselves. On the conference line, representatives of Alcalde & Fay,
Anne Cullather and Paul Schlesinger, the County's federal advocates,
introduced themselves.
2.Public comment on any item under the jurisdiction of the Committee and not on
this agenda (speakers may be limited to three minutes).
No public comment was offered.
3.APPROVE the Record of Action with any necessary corrections.
The Record of Action was approved as presented.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
4.PROVIDE direction to staff on the development of the 2020 Proposed State
Attachment A
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4.PROVIDE direction to staff on the development of the 2020 Proposed State
Platform and recommend its adoption by the Board of Supervisors at its meeting
on January 21, 2020.
Committee members received the staff report on the preparation of the Draft
2020 State Platform, received additional input from people unable to attend the
meeting (Attachment B), made comments related to further consolidation of
"over-lapping" or duplicative principles/policies, directed staff to leave all the
legislative proposals in the Platform, and directed staff to prepare the Proposed
2020 State Platform for the Board of Supervisors' consideration at their January
7 or January 14 agenda, as time permitted for discussion.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
5.PROVIDE direction to staff on the development of the 2020 Proposed Federal
Platform and recommend its adoption by the Board of Supervisors at its meeting
on January 21, 2020.
Committee members received the staff report on the preparation of the Draft
2020 Federal Legislative Platform, received additional input from people unable
to attend the meeting (Attachment B), made comments related to further
consolidation of "over-lapping" or duplicative principles/policies, directed staff to
replace photos in the document, and directed staff to prepare the Proposed
2020 Federal Platform for the Board of Supervisors' consideration at their
January 7 or January 14 agenda, as time permitted for discussion.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
6.REVIEW the adopted Contra Costa County protocol and procedures on state and
federal advocacy and provide direction to staff.
The Committee received the staff report on the protocol and procedures for state and federal
advocacy, directed staff to update as needed, and directed staff to send the updated protocols
and procedures to all department heads, advisory bodies/commissions, and ensure staff were
educated about the protocols and procedures.
AYE: Chair Diane Burgis
Vice Chair Karen Mitchoff
7.Adjourn
Chair Burgis adjourned the meeting at 11:20 a.m.
Attachment A
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For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
Attachment A
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Attachment A
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Atttachment B
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Atttachment B
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Atttachment B
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LEGISLATION COMMITTEE 4.
Meeting Date:02/10/2020
Subject:2020 State Legislative Platform Amendment: Seeking Budget Appropriation
for Contra Costa CARES
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2020-02
Referral Name: Contra Costa Cares Budget Appropriation
Presenter: Dr. William Walker Contact: L. DeLaney, 925-335-1097
Referral History:
The Legislation Committee is the body that first receives and reviews the County's Legislative
Platforms and amendments to the Platforms. Dr. William Walker, legislative consultant to the
Department of Health Services, requested that the matter of a special state budget appropriation
for Contra Costa Cares be placed on the February agenda of the Legislation Committee.
Referral Update:
The 2020 State Legislative Platform was adopted by the Board of Supervisors at their January 14,
2020 meeting. (See the following link: https://www.contracosta.ca.gov/2859/Legislation .)
The Platform contains the County's legislative engagement and advocacy program for the year.
Subsequent to the Platform adoption by the Board of Supervisors, staff to the Committee was
notified about a request to amend the adopted Platform to include an additional County-sponsored
state budget appropriation request for the funding of Contra Costa CARES. Dr. William Walker,
legislative consultant to the Health Services Department, will be present at the Committee
meeting to discuss the proposal. (Attachment A)
The adopted 2020 State Platform contains 3 County-sponsored bill proposals and 1
County-sponsored state budget appropriation request (related to state trust lands). An amendment
to the adopted 2020 State Platform to add a second state budget appropriation request would
require additional advocacy resources.
Recommendation(s)/Next Step(s):
RECEIVE the report on the Contra Costa CARES program and funding proposal. CONSIDER
recommending that the Board of Supervisors support the proposal at its February 25, 2020
meeting and AMEND the adopted 2020 State Legislative Platform to include the state budget
appropriation request as an additional component of the advocacy work program for 2020.
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Fiscal Impact (if any):
The Legislation Committee may wish to consider whether additional legislative advocacy
resources are required for this request.
Attachments
Attachment A
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CONTRA COSTA CARES FUNDING COMMITTEE
PROPOSED FINAL RECOMMENDATIONS
These recommendations were developed for and agreed to by the Funding Committee of
CARES which includes Kaiser Permanente, John Muir Health, Sutter Health and Contra Costa
Health Services. These recommendations were crafted to reflect a longer-term approach to
continuing the CARES program. These recommendations are sequenced from the immediate
short-term to a much longer-term timeline which eventually results in statewide coverage
expansion for all undocumented adults. Each subsequent recommendation builds on the
previous one, expanding coverage to more and more individuals as more stable and additional
funding is potentially available for the CARES Program.
1. Continue hospital/health system and Contra Costa County funding for CARES through
2020 at current levels. Hospitals will take the recommendation for continued funding
forward for governance approval at each of their organizations. The County will include
funding for CARES as part of its annual budget process.
2. Make annual presentation to hospital/health systems executive leadership in
coordination with the Hospital Council and to the Contra Costa County Board of
Supervisors about the impact of the CARES program on the community and the safety
net.
AND
3. Explore with Contra Costa state legislative delegation the possibility of a special
appropriations in the California State Budget for FY 21 (July 1, 2020 – June 20, 2021) to
support the CARES program for all income-eligible adult undocumented immigrants for
3 years as a pilot project to demonstrate effectiveness and test implementation
strategies in anticipation of expansion of coverage throughout California.
AND
4. Engage community-wide efforts to design and pass local ballot measures to help fund
health and social services which could potentially include fully funding the CARES
program until state coverage is available.
5. Support efforts by the Administration and the Legislature to expand coverage to
undocumented adults statewide.
Attachment A
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CONTRA COSTA CARES
FUNDING COMMITTEE
FUNDING AND PATIENTS SERVED:
1.According to the best estimates, there are approximately 51,000 – 77,500 individuals in
Contra Costa County ineligible for coverage due to immigration status as identified by
two different reports: 2016 CalSIM Regional Remaining Uninsured Projections Report
and 2017 Public Policy Institute of California. The UC Berkeley Labor Center indicates
that a majority of undocumented and uninsured adults would qualify for a program like
CARES. “Most Californians who are both undocumented and uninsured have incomes
below the Medi-Cal threshold.”
2.Since its inception in November 2015, CARES has enrolled 8,020 individuals:
•208 patients are 19-25 years old;
•7,442 patients are 26-64 years old; and
•370 patients are over 65 years.
3.Currently, as of October 19, 2019, there are 3,669 individuals enrolled in CARES:
•103 patients are 19-25 years old;
•3,400 patients are 26-64 years old; and
•166 patients are over 65 years.
4.CARES participants are served by three community health centers: Brighter Beginnings,
La Clinica de la Raza and LifeLong Medical Care. The community health centers provide
a medical home for CARES participants. In addition to CARES, the participating
community health centers serve additional uninsured and undocumented individuals
not covered by CARES or any other public or private programs.
Attachment A
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According to the OSHPD Annual Report of Community Clinics for 2018, the three
community health center CARES providers reported the following numbers of total
uninsured patients without insurance at their sites in Contra Costa County:
•Brighter Beginnings – 913 uninsured patients (total patients reported: 2,612)
•La Clinica de la Raza – 2,848 uninsured patients (total patients reported: 20,021)
•LifeLong Medical Care – 3,760 uninsured patients (total patients reported: 21,321).
5.Since its inception in November 2015, CARES has been funded by three hospital/health
systems (John Muir Health, Kaiser Permanente and Sutter Health) and by Contra Costa
County. To date, a total of $4,499,880 has been contributed to support the program
including a $5,000 one-time contribution by Walgreens in 2017-2018. Currently each
hospital/health system provides a $250,000 contribution and Contra Costa County
provides $750,000 annually, matching the total contributions of the hospital/health
systems.
6.The hospital/health systems have donated a total of $2,873,000 to date for CARES to
support the community health centers and the safety net in Contra Costa County.
7.Additionally, Kaiser Permanente and John Muir Health have provided a total of $20,300
in 2017 through 2019 for an annual evaluation of the CARES program. Along with
funding received from The California Wellness Foundation in 2018 and 2019, a total of
$44,282 has been spent in the last two years for the annual CARES evaluation.
8.As of today, $3,830,764.00 has been paid out to the community health centers for
services to CARES participants since the initiation of the program.
•Brighter Beginnings - $356,020.00 from CARES
•La Clinica de la Raza - $1,824,900.00 from CARES
•LifeLong Medical Care - $1,649,844.00 from CARES
9.$669,116.00 in CARES funding remains to be distributed as of 10/31/2019
•Brighter Beginnings - $23,576.00
•La Clinica de la Raza - $177,016.00
•LifeLong Medical Care - $468.524.00
10.100% of all funds contributed by the health systems and by Contra Costa County go
directly toward direct services to patients seen at the community health centers.
Attachment A
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11.Community health centers are paid $28.00/per member/per month or $336.00/year for
each patient enrolled in CARES – a fee that has remained constant since the inception of
the program despite ever-increasing services costs. This fee is well below the average
cost per visit that the community health centers receive from the Medi-Cal program.
12.Contra Costa Health Plan and the Contra Costa Community Clinic Consortium provide
program and financial support to the CARES program at no cost to CARES or its funders.
13.At the same time, Contra Costa County has provided services to an additional 12,015
and 13, 712 unduplicated, uninsured patients in FY18 and FY19 respectively, for direct,
outpatient medical services. Additional undocumented and uninsured patients are seen
via telehealth services, complementary services and inpatient services.
14.Contra Costa County’s cost for uncompensated care for the uninsured in FY 19 was
$56.6M and is provided through the following programs: Global Payment Program
(GPP) of the 1115 waiver, sliding fee scale program, discount program, charity care
program, and Policy 1030 (referral of community clinic patients in need of specialty
services who are ineligible for Basic Health Services).
IMPACT OF CARES PROGRAM:
1.Enrollment in CARES has increased from approximately 2,500 patients in 2017 to more
than 3,600 in 2019 despite pressures and fear generated by negative public charge and
immigration discussions.
2.CARES provides medical homes for its participants and helps connect them to other
needed health and social services in the community as well as other benefit programs
that they might be eligible for.
3.Since the program’s inception in November 2015, CARES participants have made 26,988
visits of which 1,525 CARES patients have had 6 or more visits; 64% of enrolled patients
have had 1 or more visits.
4.Of the 26,988 visits made by CARES participants since its inception, an estimated 6,000
visits have been for chronic conditions - approximately 4,500 visits have been related to
diabetes, 1,132 visits have been related to hypertension and 446 visits have been
related to depression.
5.CARES impact analysis over the last 3 years has shown that only 9% of emergency room
visits by CARES patients were avoidable compared to the industry standard of 13.7%.
Attachment A
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6.CARES is an important partnership in Contra Costa County of all health and hospital
systems which is not duplicated in any other county in California and directly supports
the Contra Costa safety net and the community health centers in particular.
7.CARES program allows data sharing across all health and hospital systems through the
administrative and financial functions provided by Contra Costa Health Plan (CCHP).
8.CARES is aligned with the Contra Costa County Board of Supervisors Welcoming
Resolution.
WHAT COULD BE LOST IF CARES IS REDUCED OR ENDS:
1.Loss of access to coverage for primary care which could result in people waiting longer
for necessary medical care, potentially resulting in preventable illnesses and higher
costs.
2.Loss of medical homes for CARES participants.
3.Loss of CARES could result in an increase in emergency room visits.
4.Possible further loss of ‘trust’ in health institutions and exacerbation of fear of
immigration and public charge.
5.Community health centers will lose up to $1.5M annually – funding that goes directly to
patient care for the uninsured and undocumented without any administrative or
indirect costs charged directly to the program – if the CARES Program ends. A smaller
loss would depend on how much CARES funding is reduced.
PUBLIC POLICY IMPACT AND FUTURE INITIATIVES:
1.Beginning in January 2020, 19-26 years old undocumented residents will be covered by
Medi-Cal thereby reducing the number of individuals eligible for CARES. In 2019, that
represented 103 CARES patients.
2.Previously, the State Legislature covered undocumented children (SB 75) in the Medi-Cal
program. It is our understanding from the Acting Director of CDHCS that the Governor
and Legislature will propose that the next population to be enrolled in Medi-Cal will be
undocumented adults over 65 (currently represented by 166 patients enrolled in
CARES).
Attachment A
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3.We anticipate that the newly created California Health for All Californians Commission
which will begin meeting in late January 2020 will consider as one of its first actions
further coverage expansion to the remaining uninsured in California.
4.The Contra Costa County Board of Supervisors has formed an Ad Hoc Committee to
explore the possibility of putting a measure on the November 2020 ballot that would
increase the local sales tax for investment in health and social service programs. If such
a measure were to pass, we anticipate that funding could be available to support the
CARES program.
5.There is also a statewide initiative on the November 2020 ballot to change the way
businesses are taxed under Prop. 13. If this initiative were to pass, then it is anticipated
that counties will receive substantial new revenue which Contra Costa County could
choose to use for the CARES program.
6.CCHS and CCRMC funding challenges have been raised due to the future status of the
1115 waiver, the Global Payment Program (GPP) and funding of CalAIM. Additionally, a
recent CMS Draft Guidance on Fiscal Accountability calls into question the viability of
Medi-Cal funding through the use of Intergovernmental Transfers, the MCO Tax and the
Hospital Quality Tax Fund (HQAF). Currently CCHS estimates a budget shortfall for
CCRMC and CCHP in the $30M range for the coming fiscal year.
7.Other federal policy decisions could also create more vulnerabilities and have a negative
impact on the program and its participants including proposals on public charge and an
atmosphere of fear about immigration as well as funding restrictions on CalFresh.
8.It would be advised for Contra Costa Community Clinic Consortium to make annual
presentations to the hospital/health systems executive leadership in collaboration with
the Hospital Council and to the Contra Costa County Board of Supervisors about the
impact of CARES on the community and on the safety net; and how CARES supports
advances in public policy to expand coverage to the uninsured in Contra Costa County.
Attachment A
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LEGISLATION COMMITTEE 5.
Meeting Date:02/10/2020
Subject:State Budget and Legislation of Interest to Contra Costa County
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2020-03
Referral Name: State Budget and Legislative Update
Presenter: L. DeLaney and Nielsen Merksamer
Team
Contact: L. DeLaney,
925-335-1097
Referral History:
The Legislation Committee regularly receives updates from staff and the County's legislative
advocates on State Budget and Legislation of interest to the County.
Referral Update:
State Budget
Governor Newsom's FY 2020-21 State Budget proposal of a $222.2 billion was released January
10, 2020: http://www.ebudget.ca.gov/FullBudgetSummary.pdf.A summary of the State Budget proposal
from the County's state legislative advocates is Attachment A.
The Senate and Assembly Budget Committees held their first hearings to discuss the Governor's
proposed budget for FY 2020-21 the week of January 20, 2020. These are the first round of
hearings. The Budget Committees will hold a number of hearings on specific topics in the Budget
until May, when the Governor will release his May Revise budget proposal.
According to CSAC staff, the focus of these hearings consistently came back to housing and
homelessness. Assembly Member Phil Ting, the Chair of the Budget Committee, applauded
funding to expand affordable housing, while also addressing the current homeless crisis. The
Governor’s proposal includes a new Access to Housing and Services Fund, with an initial state
investment of $750 million. The fund will pay rent for individuals facing homelessness, support
new dwelling units, and help stabilize board and care facilities and homes. Republicans drilled
the Administration’s witnesses on fiscal responsibility and what they see as increased
bureaucracy. For each budget release, CSAC staff provides a Budget Action Bulletin to summarize
the most important programs and accounts to counties. Several of the proposals in the January
Budget warrant close attention from counties, including:
A $12.5 billion investment over five years for climate resilience, partially funded by a
proposed climate bond, to fund initiatives related to forest health, Community Power
Resiliency (formerly PSPS), home hardening, and a climate revolving fund that would
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Resiliency (formerly PSPS), home hardening, and a climate revolving fund that would
provide low- interest loans for waste diversion, low-carbon transportation, and sustainable
agriculture.
A reduction in probation term lengths for both felony and misdemeanants to two years,
matched with an investment in more intensive supervision and services for misdemeanant
probationers.
$695 million, growing to $1.4 billion in the out-years, for preventative health care, over a
third of which will be aimed at the unsheltered homeless population.
Last week, the Urban Counties of California joined a number of county-affiliated associations to
communicate to Governor Newsom a shared commitment to working on solutions to the state's
homeless crisis, including those outlined by the Governor's Council of Regional Homeless
Advisors. The letter to the Governor outlines a number of concerns about the Council's
recommendation to include a constitutional mandate to address homelessness but reiterates a
willingness to participate in dialogue with state and local government partners and stakeholders.
Trailer Bill Language Deadline
As part of the annual state budget process, the Department of Finance is subject to a February 1
deadline to provide the Legislature with proposed statutory language – called trailer bill language
(TBL) – necessary to carry out the provisions associated with the various elements in the
Governor’s spending plan. TBL for the 2020-21 budget will be posted here; typically it is grouped
by subject matter area.
The TBL will provide greater insight into the specific approach the Administration is proposing
on various budget items. As for next steps, the Senate and Assembly budget subcommittees will
begin meeting in late February to consider the Governor’s budget proposals and take public
testimony. As a reminder, the budget subcommittees and their respective jurisdictions are as
follows:
Senate Budget and Fiscal Review
Subcommittees Assembly Budget Subcommittees
No. 1 – Education
No. 2 – Resources, Environmental
Protection, Energy, and Transportation
No. 3 – Health and Human Services
No. 4 – State Administration and
General Government
No. 5 – Corrections, Public Safety, and
the Judiciary
No. 1 – Health and Human Services
No. 2 – Education Finance
No. 3 – Resources and Transportation
No. 4 – State Administration
No. 5 – Public Safety
No. 6 – Budget Process, Oversight and
Program Evaluation
LAO: Overview of the Governor’s Budget
On the heels of the release of the Governor’s budget, the Legislative Analyst’s Office (LAO) has
published its annual report: “Overview of the Governor’s Budget.” In it, the LAO outlines its
analysis of the Governor’s proposal, with a focus on sharing recommendations for the Legislature
to consider during its budget deliberations. Some highlights of the report:
Addressing Reserve Amounts: The Governor’s proposed budget does not continue previous
years’ practice of bolstering budget reserves beyond what’s required by the Constitution. To
nobody’s surprise, the LAO recommends that the Legislature consider whether it is satisfied with
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the Governor’s proposed reserve level or whether it would prefer a higher level.
Spending the Surplus: The LAO notes that the Governor had an estimated $5.9 billion surplus to
allocate in the budget. Of that amount, though, the LAO indicates that 95 percent of the
Governor’s proposals (out of an estimated 140 proposals) are relatively small, less than $100
million in 2020-21. The LAO suggests the Legislature consider if it would rather dedicate more
resources to a smaller number of priorities.
Managing Risk: Again, the LAO cautions that state’s rosy budget picture is subject to
considerable risk. In the short-term, federal decisions about health care financing; on the horizon,
some indications that the economy may be slowing down.
Growing the Operating Surplus: A healthy operating surplus also guards against the impact of
budget shortfalls. However, the LAO notes the Governor’s proposed budget has small operating
reserves for the three-year forecast period, which, combined with the decision to forego additional
deposits into the Rainy Day Fund, makes for a risky approach. The LAO recommends maintaining
a positive operating balance in its own multi-year budget plans.
State Legislation
Two-Year Bills' Early Session Deadline
The deadline for two-year bills passed on January 31, 2020. Bills introduced in 2019 that did not
pass out of their house of origin were required to be considered and moved to the second house
by the end of the month. (February 21, 2020 is the deadline for new bills to be introduced.) One
of the two-year bills that was watched closely by local government was SB 50 (Weiner).
Senator Scott Wiener brought his high-profile, controversial housing production bill – SB 50 – up
for a vote on the Senate Floor on January 29– a vote made possible by Pro tem Toni Atkins who
pulled the bill from the Senate Appropriations Committee where it faced a likely defeat. Despite
that effort, the bill failed to garner a majority vote and the measure died on an 18-15 vote with six
members abstaining. The Senate debated the bill for close to three hours yesterday, and members
from both sides of the aisle stood up in support and opposition to the bill. Senators Ben Hueso and
Nancy Skinner sided with the author and pressed their colleagues to consider the bill as a work in
progress but worthy of moving forward through the legislative process so additional refinements
could be made. Senators Hertzberg and Stern also voiced support in concept for the measure but
ultimately voted no based on the fact that the bill did not offer resolution to significant concerns
with SB 50 (including mandatory upzoning in high fire severity zones where development should
not likely occur).
Senator Wiener was granted reconsideration at the end of the vote, but the bill failed to get the
votes when it was brought up for a second time. At the conclusion of the debate/vote, the Pro tem
addressed the chamber, congratulating the body for a meaningful effort, but committing to bring a
housing production bill to a successful conclusion during the 2020 session. Governor Newsom
also provided comment, stating that, “…if this falls short, we are not giving up. We are going to
continue to work aggressively to address production in this state.” Senator Wiener has
commented publicly that he is prepared to reintroduce legislation and has two housing
placeholder bills at the ready.
Other bills of interest to Contra Costa County are included in Attachment B.
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Attachment C are the Draft Policy Priorities and Major Policy Issues for 2020 from the California
State Association of Counties (CSAC). These draft priorities will be voted on by the CSAC Board
of Directors at their February 13, 2020 meeting.
Recommendation(s)/Next Step(s):
RECEIVE the report on the State Budget and Legislation of interest and provide direction to staff,
as needed.
Attachments
Attachment A
Attachment B
Attachment C
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To: Lara Delaney
From: James S. Gross
Michelle Rubalcava
Date: January 10, 2020
Re: Governor’s 2020-21 Proposed Budget
Governor Gavin Newsom introduced his second state budget today on his Twitter
account. His presentation was upwards of two hours and ran the gamut of fiscal
proposals and policy priorities. The Governor started his presentation by praising
his administration and his successes within his first year as Governor of the State
of California:
• Record unemployment: 3.9%
• 117 months of consecutive job growth in the state
• 3.8% GDP growth
• Record budget surpluses
• Back to back bond rating increases
• Debt reduction
• Leader in innovation
The Governor’s budget is a tangible document that reflects the Newsom
administration’s guiding principles. Those guiding principles are:
1. Dealing with the Cost and Affordability Crisis
2. Justice for All
3. Good government
BELOW ARE A FEW HIGHLIGHTS OF THE GOVERNOR’S
PROPOSED BUDGET:
Local Government
The 2019 Budget Act included $1.75 billion to increase housing supply, including
funding to local governments for planning and infrastructure, an investment in
the state's housing loan program, and an expansion of state housing tax credits.
Attachment A
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• The Budget includes $758,000 ongoing General Fund for four positions
for the Governor's Office of Business and Economic Development to be
located in the Central Valley, Inland Empire, Central Coast, and North
Coast to provide a focus on bringing business and economic development
to these regions, by promoting the benefits of these regions and facilitating
business expansion.
• The Budget authorizes $500 million annually for the state's housing tax
credit program.
• The Administration is also committed to working with the Legislature on
additional actions to expedite housing production, including changes to
local zoning and permitting processes, as well as adding predictability and
reducing the costs of development fees.
• The Budget proposes a radical shift in the state's involvement to house the
many unsheltered persons living in California, by launching the California
Access to Housing and Services Fund with a $750 million initial
investment. The Administration will also send out multi-agency strike
teams to assist cities and counties in moving individuals from
encampments into shelters and connecting them to services.
• By 2023, HCD, in consultation with stakeholders, will revamp the next
RHNA cycle to promote and streamline housing development. This will
maximize the number of new homes for which California’s cities and
counties plan and zone.
• The Budget includes $50 million one-time General Fund to support
additional preparedness measures that bolster community resiliency to
combat any future public safety power shutoffs (PSPS).
• In recognition of the unprecedented wildfires the state has experienced in
recent years, the bond allocates $750 million to harden critical public
infrastructure in high fire-risk communities.
• Over the next five years, $22 billion will be available for new state highway
repair and rehabilitation projects in the State Highway Operations and
Protection Program (SHOPP).
• The state’s Broadband For All strategy is composed of four principal
elements:
(1) mapping the state of connectivity in California, including whether,
where, and at what speed Californians have access to affordable high-
speed Internet;
(2) investing new resources, including $51.4 million to improve school
connectivity; (3) optimizing use of existing resources, including
approximately $900 million over the next five years; and
(4) prioritizing connectivity across executive actions and policies.
• Income inequality persists and prosperity is not shared by all regions of
the state. To create inclusive, long-term economic growth and ensure
Attachment A
Page 24 of 63
3
workers and their families share in that success, the Governor established
the Future of Work Commission.
• The California state minimum wage increased by $1 per hour on January
1, 2020 to reach $12 per hour for businesses with 25 or fewer employees,
and $13 per hour for businesses with 26 or more employees.
• The 2019 Budget Act significantly expanded the EITC, by more than
doubling the existing credit from $400 million to $1 billion. The expanded
program extended credits to 1 million additional households, raising the
number of households receiving the credit to 3 million. The expanded
credit includes a $1,000 credit for every family that otherwise qualifies for
the credit and has at least one child under the age of 6.
Healthcare
The Budget includes $167.9 billion ($47.4 billion General Fund and $120.5
billion other funds) for all health and human services programs.
• A vaping levy of $2 per 40 milligrams of nicotine, which would raise about
$32 million that would be used for youth prevention and other health care
programs.
• Instituting a state individual mandate to stabilize the health insurance
market;
• Augmenting premium assistance for Covered California enrollees, making
California the first state in the nation to provide additional state premium
assistance for the middle class;
• Extending Medi-Cal to income-eligible young adults regardless of
immigration status;
• Expanding eligibility for no-cost Medi-Cal for persons aged 65 and older
and persons with disabilities up to 138 percent of the federal poverty level;
• Restoring optional benefits and extending full-scope Medi-Cal coverage to
new mothers with a maternal mental health diagnosis;
• Expanding preventative services with a specific focus on screening for
adverse childhood experiences;
• Increasing Medi-Cal provider rates;
• Repaying loans for doctors and dentists who agree to serve Medi-Cal
patients in under-resourced parts of the state; and
• Addressing the high costs of prescription drugs.
Building Reserves and Reducing Liabilities
California is continuing to build a strong economic foundation to anticipate
potential risks. The Budget continues to grow the reserves in the Rainy Day Fund
and assumes an additional transfer of nearly $2 billion in 2020-21 and an
additional $1.4 billion over the remainder of the three-year forecast period. The
Attachment A
Page 25 of 63
4
Rainy Day Fund balance is projected to be $18 billion in 2020-21 and $19.4
billion by 2023-24. The Budget also:
• Maintains $900 million in the Safety Net Reserve
• Sets aside $110 million more in the Public School System Stabilization
Account, bringing its total balance to $487 million.
• Reserves $1.6 billion in the Special Fund for Economic Uncertainties to
address emergencies and other unforeseen events. Overall, the Budget has
$21 billion set aside in reserves.
Confronting the Homelessness Crisis
Homelessness is an issue that impacts both urban and rural communities
throughout the state and puts stress on public resources from emergency rooms
to jails and public works departments. It is a complex social services problem and
must be combatted at its root causes, which is why the Budget introduces several
new strategies to build on the $1.15 billion provided to local governments in the
last two budgets.
The Budget proposes more than $1 billion to radically shift the state's
involvement to house the many unsheltered individuals living in California, by
launching the California Access to Housing and Services Fund with a $750
million initial investment. This Fund will create a structure for developing
affordable housing units, supplementing and augmenting rental subsidies, and
stabilizing board and care homes.
The additional funding will come from the Medi-Cal Healthier California for All
initiative and will also contribute to addressing the homelessness crisis by
transforming the Medi-Cal system to better serve individuals experiencing
mental illness and homelessness. The Administration will form a task force to
improve the state's behavioral health system as well as strategies to strengthen
enforcement of behavioral health parity laws.
Climate Budget
The Budget proposes a comprehensive approach to California’s investments to
protect the state’s environment, address the effects of climate change, and
promote resiliency. This climate budget includes $12 billion over the next five
years. Three key areas of the climate budget are a proposed climate resilience
bond, cap-and-trade expenditures to continue the transition to a carbon-neutral
economy, and a new Climate Catalyst Fund to promote the deployment of new
technologies, especially by small businesses and emerging industries.
The Climate Catalyst Fund, which will be administered by the Infrastructure and
Economic Development Bank, will finance investments in low-carbon
transportation, sustainable agriculture and waste diversion through low-interest
Attachment A
Page 26 of 63
5
loans. The Budget proposes to capitalize the Fund with $1 billion General Fund
over the next four years.
The Fund will have a revolving loan structure that will leverage private capital
and will support projects well into the future. It will be designed to support good
jobs and a just transition to achieving California's climate goals.
Attachment A
Page 27 of 63
Master File of Bills of Interest
As of February 4, 2020
CA AB 22 AUTHOR: Burke [D]
TITLE: Housing: Children and Families
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 12/03/2018
LAST AMEND: 01/16/2020
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Declares that it is the policy of the state that every child and family has the right to
safe, decent, and affordable housing. Requires the policy to consider homelessness
prevention, emergency accommodations, and permanent housing. Requires all
relevant state agencies and departments to consider that policy when establishing
policies, regulations, and grant criteria pertinent to advancing the components of
Housing First.
STATUS:
02/03/2020 In ASSEMBLY. Died pursuant to Art. IV, Sec. 10(c) of the
Constitution.
02/03/2020 From Committee: Filed with the Chief Clerk pursuant to Joint
Rule 56.
CA AB 563 AUTHOR: Quirk-Silva [D]
TITLE: Mental Health: Funding
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/13/2019
LAST AMEND: 04/22/2019
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Appropriates a certain amount from the General Fund to the State Department of
Health Care Services to distribute to the North Orange County Public Safety Task
Force for the development of a two year pilot program. Requires 1/2 of the moneys
to be distributed on a specified date, and 1/2 to be distributed on a specified date,
and would require the moneys to be used to provide a range of programs, services,
and activities designed to assist individuals and families experiencing mental health
crises.
Attachment B
Page 28 of 63
STATUS:
02/03/2020 In ASSEMBLY. Died pursuant to Art. IV, Sec. 10(c) of the
Constitution.
02/03/2020 From Committee: Filed with the Chief Clerk pursuant to Joint
Rule 56.
CA AB 732 AUTHOR: Bonta [D]
TITLE: County Jails: Prisons: Incarcerated Pregnant Persons
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/19/2019
LAST AMEND: 01/23/2020
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Requires an incarcerated person in a county jail or the state prison who is identified
as possibly pregnant or capable of becoming pregnant during an intake health
examination, or at any time during incarceration, to be offered a test upon intake or
request. Provides an incarcerated person in a local detention facility with the right to
summon a physician, nurse practitioner, certified nurse midwife, or physician
assistant. Provides for the use of menstrual hygiene products.
STATUS:
01/27/2020 In ASSEMBLY. Read second time. To third reading.
01/27/2020 In ASSEMBLY. Assembly Rule 63 suspended.
01/27/2020 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (63-0)
Commentary:
Watch
CA AB 953 AUTHOR: Ting [D]
TITLE: Land Use: Accessory Dwelling Units
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/21/2019
LAST AMEND: 01/06/2020
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Deems a permit application for the creation of an accessory dwelling unit or junior
accessory dwelling unit approved if the local agency has not acted upon the
completed application within 60 days. Requires ministerial approval of an
application for a building permit within a residential or mixed-use zone to create one
Attachment B
Page 29 of 63
accessory dwelling unit and one junior accessory dwelling unit per lot with a
proposed or existing single-family dwelling if certain requirements are met.
STATUS:
01/30/2020 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (76-0)
Commentary:
Send to DCD
CA AB 1121 AUTHOR: Bauer-Kahan [D]
TITLE: Firearms: Prohibited Persons
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/21/2019
LAST AMEND: 03/19/2019
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Prohibits a person who is granted this pretrial diversion based on a mental health
disorder from owning or possessing a firearm, or other dangerous or deadly weapon.
STATUS:
02/03/2020 In ASSEMBLY. Died pursuant to Art. IV, Sec. 10(c) of the
Constitution.
02/03/2020 From Committee: Filed with the Chief Clerk pursuant to Joint
Rule 56.
CA AB 1126 AUTHOR: O'Donnell [D]
TITLE: Mental Health Services Oversight and Accountability
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/21/2019
LAST AMEND: 04/01/2019
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Requires the Mental Health Services Oversight and Accountability Commission to
establish technical assistance centers and clearinghouses to support counties in
addressing mental health issues of statewide concern, with a focus on school mental
health and reducing unemployment and criminal justice involvement due to
untreated mental health issues. Requires the Commission to develop transparency
and accountability strategies.
STATUS:
02/03/2020 In ASSEMBLY. Died pursuant to Art. IV, Sec. 10(c) of the
Attachment B
Page 30 of 63
Constitution.
02/03/2020 From Committee: Filed with the Chief Clerk pursuant to Joint
Rule 56.
CA AB 1182 AUTHOR: Carrillo [D]
TITLE: Post-Release Supervision Of Offenders
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/21/2019
LAST AMEND: 04/22/2019
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Requires persons who have been scored as low or moderate risk to be released if
they have been on parole for a certain number of days and have not committed any
new offenses.
STATUS:
02/03/2020 In ASSEMBLY. Died pursuant to Art. IV, Sec. 10(c) of the
Constitution.
02/03/2020 From Committee: Filed with the Chief Clerk pursuant to Joint
Rule 56.
CA AB 1216 AUTHOR: Bauer-Kahan [D]
TITLE: Solid Waste: Illegal Dumping
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/21/2019
LAST AMEND: 03/26/2019
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Authorizes the counties of Alameda and Contra Costa to establish a pilot program to
employ 2 law enforcement officers, one from each county, solely for the purpose of
enforcing dumping laws in those counties.
STATUS:
02/03/2020 In ASSEMBLY. Died pursuant to Art. IV, Sec. 10(c) of the
Constitution.
02/03/2020 From Committee: Filed with the Chief Clerk pursuant to Joint
Rule 56.
Attachment B
Page 31 of 63
CA AB 1275 AUTHOR: Santiago [D]
TITLE: Mental Health Services: County Pilot Program
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/21/2019
LAST AMEND: 05/16/2019
DISPOSITION: Pending
FILE: A-52
LOCATION: Senate Inactive File
SUMMARY:
Requires the State Department of Health Care Services to establish a 3-year pilot
project to include the County of Los Angeles and up to 9 additional counties in
which each participating county would be required to establish an outreach team,
comprised of county employees, to provide outreach services to individuals with a
history of mental illness or substance use disorders who are unable to provide for
urgently needed medical care and who are homeless or at risk of experiencing
homelessness.
STATUS:
09/14/2019 In SENATE. From third reading. To Inactive File.
CA AB 1405 AUTHOR: Gloria [D]
TITLE: Permanent Supportive Housing for Parolees
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2019
LAST AMEND: 04/29/2019
DISPOSITION: Failed
LOCATION: ASSEMBLY
SUMMARY:
Requires the Department of Corrections and Rehabilitation to enter into contracts
with contractors who provide short-term housing to parolees through an adult day
reporting center or through the department's Specialized Treatment for Optimized
Programming to provide permanent housing for individuals exiting prison who are
at risk of homelessness and to parolees experiencing homelessness.
STATUS:
02/03/2020 In ASSEMBLY. Died pursuant to Art. IV, Sec. 10(c) of the
Constitution.
02/03/2020 From Committee: Filed with the Chief Clerk pursuant to Joint
Rule 56.
Attachment B
Page 32 of 63
CA AB 1450 AUTHOR: Lackey [R]
TITLE: Child Abuse Central Index
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2019
LAST AMEND: 01/06/2020
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Authorizes a police or sheriff's department to which a report of suspected child
abuse or severe neglect is made on or after January 1, 2021, or that is investigating
an open case for which a report of suspected child abuse or severe neglect was made
on or before January 1, 2021, to forward to the Department of Justice a report in
writing of its investigation of known or suspected child abuse or severe neglect that
is determined to be substantiated.
STATUS:
01/27/2020 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (74-0)
Commentary:
Send by AL
CA AB 1525 AUTHOR: Jones-Sawyer [D]
TITLE: Cannabis: Financial Institutions
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2019
LAST AMEND: 01/16/2020
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Provides that an entity, that receives deposits, extends credit, conducts fund
transfers, transports cash or financial instruments on behalf of a financial institution,
or provides other financial services, including public accounting, for a person
licensed to engage in commercial cannabis activity does not commit a crime under
any state law.
STATUS:
01/27/2020 In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE. (68-1)
Commentary:
CSAC supports
Attachment B
Page 33 of 63
CA AB 1844 AUTHOR: Chu [D]
TITLE: Paid Sick Leave: Behavioral Health Conditions
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/06/2020
DISPOSITION: Pending
LOCATION: Assembly Labor and Employment Committee
SUMMARY:
Relates to prescribed sick leave. Expands purposes to also include diagnosis, care,
or treatment of an existing behavioral health condition of, or preventive care for, an
employee or an employee's family member.
STATUS:
01/17/2020 To ASSEMBLY Committee on LABOR AND
EMPLOYMENT.
Commentary:
Sent by AL
CA AB 1853 AUTHOR: Frazier [D]
TITLE: Health Care: Medical Goods: Reuse and Redistribution
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/07/2020
DISPOSITION: Pending
LOCATION: Assembly Aging and Long-Term Care Committee
SUMMARY:
Requires the Department of Aging, upon appropriation by the Legislature, to
establish a comprehensive 3-year pilot program in the Counties of Contra Costa,
Napa, and Solano to facilitate the reuse and redistribution of durable medical
equipment and other home health supplies. Requires the department to contract in
each county with a local nonprofit agency to oversee the program.
STATUS:
01/30/2020 To ASSEMBLY Committees on AGING & LONG TERM
CARE and HEALTH.
Commentary:
Sent by Andrew Langley
CA AB 1907 AUTHOR: Santiago [D]
TITLE: California Environmental Quality Act: Shelters
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
Attachment B
Page 34 of 63
INTRODUCED: 01/08/2020
DISPOSITION: Pending
LOCATION: Assembly Natural Resources Committee
SUMMARY:
Exempts from environmental review under the California Environmental Quality
Act certain activities approved by or carried out by a public agency in furtherance of
providing emergency shelters, supportive housing, or affordable housing. Requires a
lead agency that determines to carry out or approve an activity that is within this
CEQA exemption to file a notice of exemption.
STATUS:
01/30/2020 To ASSEMBLY Committees on NATURAL RESOURCES
and HOUSING AND COMMUNITY DEVELOPMENT.
Commentary:
https://www.latimes.com/california/story/2020-01-08/affordable-housing-homeless-
shelter-bill-bypass-environmental-law-ceqa
CA AB 1908 AUTHOR: Chen [R]
TITLE: Transportation: Homeless Encampment and Litter
Program
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/08/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Requires the Department of Transportation, within its maintenance program, to
establish a Homeless Encampment and Litter Program to provide timely abatement
and cleanup of homeless encampments on Department property and expedited and
coordinated access to housing and supportive services. Requires the Department to
coordinate with homeless service provider agencies and to establish homeless adult
and family multidisciplinary personnel teams.
STATUS:
01/08/2020 INTRODUCED.
Commentary:
Send to PW & Deidra
CA AB 1910 AUTHOR: Bauer-Kahan [D]
TITLE: Firearms: Prohibited Persons
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/08/2020
DISPOSITION: Pending
Attachment B
Page 35 of 63
LOCATION: Assembly Public Safety Committee
SUMMARY:
Prohibits a person who is granted pretrial diversion from criminal prosecution for
certain offenses, based on a mental health disorder, from owning or possessing a
firearm.
STATUS:
01/17/2020 To ASSEMBLY Committee on PUBLIC SAFETY.
Commentary:
Member of our delegation
CA AB 1920 AUTHOR: Boerner Horvath [D]
TITLE: Climate Change: Climate Adaptation Center
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 01/13/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Declares the intent of the Legislature to enact subsequent legislation that would
establish the Climate Adaptation Center and Regional Support Network to provide
technical support and information to local governments on adapting to climate
change impacts, including, but not limited to, sea level rise.
STATUS:
01/13/2020 INTRODUCED.
CA AB 1921 AUTHOR: Diep [R]
TITLE: Unlawful Entry of a Vehicle
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/13/2020
DISPOSITION: Pending
LOCATION: Assembly Public Safety Committee
SUMMARY:
Makes forcibly entering a vehicle with the intent to commit a theft therein a crime
punishable by imprisonment in a county jail.
STATUS:
01/23/2020 To ASSEMBLY Committee on PUBLIC SAFETY.
Commentary:
Send by AL
CA AB 1924 AUTHOR: Grayson [D]
TITLE: Housing Development: Fees
Attachment B
Page 36 of 63
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/14/2020
DISPOSITION: Pending
LOCATION: Assembly Local Government Committee
SUMMARY:
Requires that a fee levied or imposed on a housing development project by a local
agency be proportionate to the square footage of the proposed unit or units.
STATUS:
01/23/2020 To ASSEMBLY Committees on LOCAL GOVERNMENT and
HOUSING AND COMMUNITY DEVELOPMENT.
Commentary:
Send to DCD
CA AB 1938 AUTHOR: Eggman [D]
TITLE: Mental Health Services Act: Inpatient Treatment Funding
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 01/16/2020
DISPOSITION: Pending
LOCATION: Assembly Health Committee
SUMMARY:
Specifies, to the extent Mental Health Services Act funds are otherwise available for
use, that those funds may be used to provide inpatient treatment, including
involuntary treatment of a patient who is a danger to self or others or gravely
disabled, in specified settings, including an acute psychiatric hospital, an institution
for mental disease, and a mental health rehabilitation center.
STATUS:
01/23/2020 To ASSEMBLY Committee on HEALTH.
Commentary:
Watch
CA AB 1946 AUTHOR: Santiago [D]
TITLE: Mental Health Services: Involuntary Detention
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 01/17/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Attachment B
Page 37 of 63
States the intent of the Legislature to enact legislation to reform the
Lanterman-Petris-Short Act, including expanding the definition of gravely disabled
to add a condition in which a person is unable to provide for their own medical
treatment as a result of a mental health disorder, and emphasizing the necessity to
create policies that prioritize living safely in communities.
STATUS:
01/17/2020 INTRODUCED.
Commentary:
Watch
CA AB 1948 AUTHOR: Bonta [D]
TITLE: Taxation: Cannabis
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/17/2020
DISPOSITION: Pending
LOCATION: Assembly Revenue and Taxation Committee
SUMMARY:
Reduces the excise tax rate on the purchase of cannabis and cannabis products from
15% to 11% on and after the operative date of this bill until July 1, 2023, at which
time the excise tax rate would revert back to 15%. Suspends the imposition of the
cultivation tax on and after the operative date of this bill until July 1, 2023.
STATUS:
01/30/2020 To ASSEMBLY Committees on REVENUE AND
TAXATION and BUSINESS AND PROFESSIONS.
Commentary:
Watch
CA AB 1950 AUTHOR: Kamlager-Dove [D]
TITLE: Probation: Length of Terms
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/17/2020
DISPOSITION: Pending
LOCATION: Assembly Public Safety Committee
SUMMARY:
Restricts the period of probation for a misdemeanor.
STATUS:
01/30/2020 To ASSEMBLY Committee on PUBLIC SAFETY.
Commentary:
Watch
Attachment B
Page 38 of 63
CA AB 1954 AUTHOR: Cooley [D]
TITLE: Foster Care: Relative and Sibling Placement
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/17/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Extends the definition of relative, for purposes of disposition of a child who is a
dependent of the juvenile court due to abuse or neglect, to include caregivers of
minor siblings who are in a permanent plan of adoption, legal guardianship, or
placement with a fit and willing relative. Deletes the provision prohibiting the
consideration and investigation of a relative placement from being a cause for
continuance of the dispositional hearing.
STATUS:
01/17/2020 INTRODUCED.
Commentary:
watch
CA AB 1979 AUTHOR: Friedman [D]
TITLE: Foster Youth: Housing
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/23/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Requires a county placement agency to examine its ability to meet the emergency
housing needs of nonminor dependents. Includes a transitional living setting
approved by a county to support youth who are entering or reeentering foster care or
transitioning between placements, excluding a runaway and homeless youth shelter
or adult homeless shelter, within the definition of a supervised independent living
setting.
STATUS:
01/23/2020 INTRODUCED.
Commentary:
Watch
CA ACR 98 AUTHOR: Wicks [D]
TITLE: Mental Health and Substance Use Treatment
FISCAL
COMMITTEE:
yes
Attachment B
Page 39 of 63
URGENCY
CLAUSE:
no
INTRODUCED: 06/04/2019
DISPOSITION: Pending
LOCATION: Senate Health Committee
SUMMARY:
Urges specified state departments and the Attorney General to use their authority to
ensure that health care service plans and health insurers subject to their authority
comply with the federal Paul Wellstone and Pete Domenici Mental Health Parity
and Addiction Equity Act.
STATUS:
09/05/2019 Re-referred to SENATE Committee on HEALTH.
Commentary:
CSAC supports
CA SB 45 AUTHOR: Allen [D]
TITLE: Wildfire Prevention, Drinking Water, Drought, and Flood
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
yes
INTRODUCED: 12/03/2018
LAST AMEND: 01/23/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Enacts the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and
Flood Protection Bond Act, which, if approved by the voters, would authorize the
issuance of bonds to the State General Obligation Bond Law to finance projects for
a wildfire prevention, safe drinking water, drought preparation, and flood protection
program.
STATUS:
01/29/2020 In SENATE. Read third time, urgency clause adopted.
Passed SENATE. *****To ASSEMBLY. (29-6)
CA SB 50 AUTHOR: Wiener [D]
TITLE: Planning and Zoning: Housing Development
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 12/03/2018
LAST AMEND: 01/06/2020
DISPOSITION: Failed
LOCATION: SENATE
SUMMARY:
Attachment B
Page 40 of 63
Requires a local agency to notify the development proponent in writing if the local
agency determines that the development conflicts with any of the requirements
provided for streamlined ministerial approval within 60 days of the submission of
the development to the local agency. Authorizes a development proponent of a
neighborhood multifamily project located on an eligible parcel to submit an
application for a streamlined, ministerial approval process that is not subject to a
conditional use permit.
STATUS:
01/30/2020 In SENATE. Read third time. Failed to pass SENATE.
(18-15)
Commentary:
Amendments to review
CA SB 54 AUTHOR: Allen [D]
TITLE: Solid Waste: Packaging and Products
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 12/11/2018
LAST AMEND: 09/10/2019
DISPOSITION: Pending
FILE: A-21
LOCATION: Assembly Inactive File
SUMMARY:
Amends the Alcoholic Beverage Control Act. Authorizes the Department of
Alcoholic Beverage Control to suspend or revoke the certificate of compliance of an
out of state vendor that fails to comply with the provisions of the State Circular
Economy and Pollution Reduction Act.
STATUS:
01/23/2020 In ASSEMBLY. From third reading. To Inactive File.
Commentary:
Likely consistent with Platform.
CA SB 353 AUTHOR: Skinner [D]
TITLE: Criminal Record Data Sharing and Research
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/19/2019
DISPOSITION: Failed
LOCATION: SENATE
SUMMARY:
Specifies criminal court records, as defined, as part of criminal offender record
information to be provided to the public agency or bona fide research body.
Attachment B
Page 41 of 63
STATUS:
02/03/2020 In SENATE. Returned to Secretary of Senate pursuant to Joint
Rule 56.
Commentary:
Watch
CA SB 596 AUTHOR: Stern [D]
TITLE: In Home Supportive Services
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/21/2019
LAST AMEND: 01/23/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Requires a county human services agency to use existing materials to inform each
applicant for benefits under the In Home Supportive Services program that the
applicant may be eligible to receive that higher energy allowance and any advanced
notifications that may be provided by a public utility, when the public utility plans
to deenergize portions of the electrical distribution system or in an emergency.
STATUS:
01/29/2020 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (38-0)
Commentary:
Watch
CA SB 640 AUTHOR: Moorlach [R]
TITLE: Mental Health Services: Gravely Disabled Persons
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2019
LAST AMEND: 01/06/2020
DISPOSITION: Failed
LOCATION: SENATE
SUMMARY:
Authorizes a county to instead use a definition of gravely disabled for these
purposes that would read, in part, a condition in which a person, as a result of a
mental health disorder, is incapable of making informed decisions about, or
providing for, the person's own basic personal needs for food, clothing, or shelter
without significant supervision and assistance from another person and, as a result
of being incapable of making these informed decisions, the person is at risk of
substantial bodily harm.
Attachment B
Page 42 of 63
STATUS:
02/03/2020 In SENATE. Returned to Secretary of Senate pursuant to Joint
Rule 56.
Commentary:
Obtain input
CA SB 753 AUTHOR: Stern [D]
TITLE: Public Social Services: Emergency Notification
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2019
LAST AMEND: 01/15/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Permits elderly or disabled clients telephone numbers and email addresses to be
disclosed. Specifically identifies a public safety power shut off as a public safety
emergency. Requires a county social services agency that intends to disclose such
information to notify elderly or disabled individuals receiving services of that fact
and give the individual the option to opt out of having that information disclosed.
STATUS:
01/27/2020 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (39-0)
Commentary:
EHSD recommends support, as amended.
CA SB 773 AUTHOR: Skinner [D]
TITLE: Land Use: Accessory Dwelling Units
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2019
LAST AMEND: 01/06/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Deems a permit application for the creation of an accessory dwelling unit or junior
accessory dwelling unit approved if the local agency has not acted upon the
completed application within 60 days.
STATUS:
01/27/2020 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (39-0)
Commentary:
Attachment B
Page 43 of 63
Send by AL
CA SB 776 AUTHOR: Skinner [D]
TITLE: College Admissions: Criminal History Inquiry
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2019
LAST AMEND: 01/06/2020
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Prohibits a postsecondary educational institution in this state from inquiring about a
prospective student's criminal history on an initial application form or at any time
during the admissions process before the institution's final decision relative to the
prospective student's application for admission.
STATUS:
01/27/2020 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (30-6)
Commentary:
watch
CA SB 852 AUTHOR: Pan [D]
TITLE: Health Care: Prescription Drugs
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 01/13/2020
DISPOSITION: Pending
LOCATION: Senate Rules Committee
SUMMARY:
States the intent of the Legislature to introduce legislation to require the state to
manufacture generic prescription drugs for the purposes of controlling prescription
drug costs.
STATUS:
01/31/2020 To SENATE Committee on RULES.
Commentary:
Watch
CA SB 855 AUTHOR: Wiener [D]
TITLE: Health Coverage: Mental Health or Substance Abuse
FISCAL
COMMITTEE:
yes
URGENCY no
Attachment B
Page 44 of 63
CLAUSE:
INTRODUCED: 01/14/2020
DISPOSITION: Pending
LOCATION: Senate Health Committee
SUMMARY:
Requires a health care service plan contract or health insurance policy that provides
hospital, medical, or surgical coverage to provide coverage for the diagnosis and
medically necessary treatment of mental health and substance use disorders under
the same terms and conditions applied to other medical conditions. Authorizes
certain individuals or entities to pursue a civil action against a health care service
plan or health insurer for a violation of these provisions.
STATUS:
01/31/2020 To SENATE Committees on HEALTH and JUDICIARY.
Commentary:
https://www.sfchronicle.com/business/article/California-bills-would-make-insurers-
cover-more-14975239.php
CA SB 889 AUTHOR: Skinner [D]
TITLE: Juveniles
FISCAL
COMMITTEE:
no
URGENCY
CLAUSE:
no
INTRODUCED: 01/24/2020
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
States legislative intent to raise the age limit on the state's youth justice system.
STATUS:
01/24/2020 INTRODUCED.
Commentary:
Watch
Copyright (c) 2020 State Net. All rights reserved.
Attachment B
Page 45 of 63
Draft Policy Priorities for 2020
California State Association of Counties
County policy concerns are most often centered on resources to carry out state and local service
responsibilities, the authority to carry out those responsibilities in local communities, and partnership
with the state to improve existing programs.
Those concerns pose particular challenges as they relate to policy issues that CSAC is prioritizing in 2020:
defending the Mental Health Services Act, wildfires and disaster preparedness, housing and
homelessness, In-Home Support Services, the 2020 U.S. Census, juvenile justice reforms, and local
governance and land use authority preservation.
California Advancing and Innovating Medi-Cal (CalAIM)
The “California Advancing and Innovating Medi-Cal” proposal, or CalAIM, is a broad and ambitious
package put forth by the state to simplify and streamline the Medi-Cal program through federal waivers,
state law changes, and regulations. CalAIM has significant implications – both fiscal and policy – for
many county health and human services functions, including behavioral health services, social services
eligibility, county public hospitals, and cross-sector initiatives for foster youth and those who are
homeless or incarcerated. The financial impact for counties is unknown because the CalAIM proposal
contains both opportunities for funding and changes that could increase costs. CSAC is working to
ensure the Newsom Administration is aware of the county fiscal perspective through input by CSAC,
county administrative offices, and a variety of county health and human services departments.
Behavioral Health Issues
County behavioral health services and funding will continue to dominate health and homelessness policy
conversations in 2020. CSAC will be proactive in working to gain additional flexibility within the Mental
Health Services Act (MHSA, created by Proposition 63 of 2004) and protect county allocations and
funding. CSAC will also focus on cross-sector collaboration and efforts to build robust and responsive
services with schools, the criminal justice system, and other stakeholders.
Homelessness and Poverty Issues
Homelessness remains a top Association priority in 2020 and county health and human services
programs remain a critical focus, including general relief/general assistance, federal welfare programs
such as CalWORKs and CalFresh, conservatorships and changes to the Lanterman-Petris-Short Act, data
sharing between county departments, child support changes, extended foster care, safe parking and
other shelter programs, and behavioral health. CSAC will also advocate for flexibility in the use of
existing homelessness funding so counties can address local needs without unnecessary restrictions.
Affordable Housing
The affordability and availability of housing is at crisis levels in almost every part of the state. The
housing issue is not only a crisis in its own right, it’s also a main driver of California’s homelessness
emergency. CSAC will advocate for funding for affordable housing, including new state funding for
construction of homes affordable to households at all income levels. CSAC will continue to focus on
implementation of recent housing legislation, including allocation of recently approved bonds, as well as
full implementation of new homelessness programs, such as No Place Like Home.
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Attachment C
Page 46 of 63
In-Home Supportive Services (IHSS)
CSAC will continue to prioritize the fiscal sustainability of the IHSS program. In 2019, CSAC supported the
Governor’s IHSS proposal which lead to the enactment of a lowered County IHSS Maintenance of Effort
(MOE). In 2020, CSAC will work closely with the Administration and counties to continue implementing
the new MOE and to engage on the IHSS collective bargaining provisions.
Climate & Resiliency
The Legislature will continue to focus on a variety of topics related to improving our statewide resiliency
to disasters and adapting to the impacts of climate change, including measures that help fund resiliency
work at the local level. CSAC will continue to advocate for flexible funding at the local level to help
prepare, respond, and recover from disasters.
Public Safety Power Shutoffs (PSPS)
The State's investor-owned electric utilities are more frequently utilizing de-energization policies and
shutting off electric power, referred to as Public Safety Power Shut-offs (PSPS), to protect against
wildfire ignition and to enhance public safety as permitted under California law. These PSPS events have
a significant impact on our communities and our local economies, often times leaving large segments of
the population without power for days at a time. CSAC will continue to engage the IOUs and stakeholder
groups to work towards better coordination during PSPS events and ensure for adequate resources and
communication to sensitive populations.
Utility Liability
The discussion of utility liability continues to re-emerge as PG&E faces additional liability year after year
for igniting wildfires in California. The utility has openly lobbied in bankruptcy court for changes to
inverse condemnation law, and despite constitutional protections of our legal standing, this will
continue to be an issue as the IOU emerges from bankruptcy. CSAC will stand firm with our coalition
partners to continue to protect the rights of victims and local governments, while holding utilities
accountable for their actions.
Criminal Justice Fine and Fees
The Legislature will continue its efforts to eliminate fines and fees within the criminal justice system
which counties use to support a wide array of criminal justice programs. As numerous and diverse
programs and reforms have been enacted by the State, many of which are tied to an associated fee or
fine as a funding source, counties rely on the current funding structure now in place. CSAC will continue
to work with our county partners to ensure that the counties have the funding necessary to support
local programs.
Trial Court Security
Trial court security was realigned to the counties as part of 2011 Criminal Justice Realignment. In some
counties the amount of funding that was provided has not kept up with increased personnel and
security costs. Trial court security has been a CSAC priority for a number of years. CSAC will remain
engaged on this issue with our state sheriffs association and work with the Administration, Legislature,
and stakeholders to approve the appropriate ongoing funding levels for new court security costs.
Juvenile Justice
Juvenile justice in California has undergone a variety of reforms in the past decade. These reforms have
led to a lower population and an increase in the number of vacant beds in juvenile facilities. CSAC will
Page 20
Attachment C
Page 47 of 63
work with stakeholders to look at long term solutions for utilization of these vacant beds and work to
ensure that there is funding for these alternatives.
2020 Census
A complete count of all California residents will help to ensure federal funding levels for a wide variety
of programs, as well as Congressional representation and local redistricting. CSAC continue to work with
the state and federal governments to ensure promised census funding and supporting resources are
disbursed to counties. CSAC will also disperse information and coordinate efforts to ensure counties
have the tools they need to implement their complete count efforts.
Local Governance and Land Use Authority
From county governance and contracting, to housing development, fire safety and the siting of county
facilities, the state has increasingly been interested in revisiting the power of communities to make their
own decisions. CSAC will advocate for the appropriate balance between statewide concerns and local
authority. For county governance decisions, such as the makeup of the Board of Supervisors and other
county offices, the full authority should remain at the community level. For other decisions, such as fire
safety and housing development, the state’s reasonable interests must be appropriately balanced with
local circumstances.
Protect County Realignment Funding
Through a series of realignments over the past forty years, the state has shifted program responsibility
for a number of health, human service, and public safety programs to counties, along with revenue
sources designed to generally pay for the cost of those services. CSAC will work with county affiliates to
protect revenues that pay for realigned county programs and spend considerable time educating policy-
makers about the fiscal state of counties and the effects of further revenue erosion.
Elections, Redistricting, and Special Elections
In the last two years, the state has provided much needed funding for election equipment, using some
of that funding to incentivize counties to move to the vote center model. CSAC will continue to advocate
for additional state funding to help counties prepare for the 2020 elections, prevent threats from
outside actors, reimburse counties for recent special elections, and ensure all voters have the
opportunity to have their vote counted.
Public Records Act
The California Public Records Act is an important tool to ensure that the state and local government
decision-making processes are transparent to the people they serve. However, over the decades since
its enactment it has become a tangle of rules that invite abuse and inflate the costs of compliance.
Counties will work with transparency advocates, local agencies, and others to change the system in a
way that retains the law’s features without exposing government entities to unnecessary liability,
frivolous litigation, or burdensome workloads.
Page 21
Attachment C
Page 48 of 63
Major Policy Issues for 2020
California State Association of Counties
Each year, CSAC’s Board of Directors sets the Association’s state and federal advocacy priorities. These priorities,
adopted with the input of policy committees, the CSAC Officers, the Executive Committee, and our affiliates, will
guide CSAC’s advocacy efforts in 2020 both in Sacramento and Washington DC.
Counties are involved and directly impacted by the major statewide issues that will come up in 2020, from how to
best tackle the growing homelessness crisis to resiliency and emergency preparedness throughout our state. A key
focus will be to continue to looking for opportunities to partner with the Governor and Legislature on these and
other complex issues facing California. CSAC advocates on countless bills and budget items each year, but the
following 2020 state and federal priorities and major issues are expected to be the most significant issues in 2020.
Principles
Funding. County service responsibilities continue to grow, some imposed by state and federal programs and others
to deal with local aspects of statewide problems. While the state’s fiscal health is strong, many counties’ general
funds are still struggling. The state should help fund the public services that are carried out by counties to achieve
statewide goals.
Authority. The benefit of local governance is the ability to shape services so that they fit the needs, resources, and
other circumstances of California’s diverse communities. Counties are uniquely suited to provide services to every
Californian in a way that fits their community. The state should give counties more flexibility to take full advantage
of their position as local providers of statewide programs, and at the same time allow counties full authority over
their own local programs and governance.
Partnership. To an extent seen in few other states, counties in California are the level of government that provides
federal and state programs to residents. County expertise with these programs and services is a resource for state
policy makers as they consider whether and how to change those programs.
Major Policy Issues by Area
Agriculture, Environment, and Natural Resources
Utility Liability
Public Safety Power Shutoff Policy
Climate and Resiliency
Water Resources and Regulatory Issues
Resource Recovery and Waste Management
Cannabis
Administration of Justice
Criminal Justice Fines and Fees
Trial Court Security
Bail Reform
Juvenile Justice
Government Finance and Administration
Promote County Interests in Tax Reform Efforts
Resist Further Expansion of Workers’
Compensation Presumptions
Secure Funding for Elections, Redistricting, and
Recent Special Elections
Protect County Realignment Funding
Health and Human Services
California Advancing and Innovating Medi-Cal
(CalAIM)
Behavioral Health Issues
Homelessness and Poverty Issues
In-Home Supportive Services
Child Welfare/Foster Care Implementation and
Funding
2-1-1 Referral Systems
Page 22
Attachment C
Page 49 of 63
CSAC Draft Major Policy Issues for 2020
Housing, Land Use, and Transportation
Protect County Land Use Authority While
Promoting Housing Affordability
Protect Development Impact Fee Authority and
Support Process Improvements
Protect State Transportation Funding and
Streamline Project Delivery
Preparing for the Future of Transportation
Land Use, Housing, and Transportation Linkages
County Priorities in Renegotiated Gaming
Compacts
Page 23
Attachment C
Page 50 of 63
CSAC Draft Major Policy Issues for 2020
Agriculture, Environment, and Natural Resources
Utility Liability. The discussion of utility liability
continues to re-emerge as PG&E faces additional
liability year after year for igniting wildfires in
California. The Utility has openly lobbied in
bankruptcy court for changes to inverse
condemnation, and despite constitutional
protections of our legal standing, this will continue
to be an issue as the IOU emerges from bankruptcy.
CSAC will stand firm with our coalition partners to
continue to protect the rights of victims and local
governments, while holding utilities accountable for
their actions.
Public Safety Power Shutoff Policy. The State's
investor-owned electric utilities are more frequently
utilizing de-energization policies and shutting off
electric power, referred to as Public Safety Power
Shut-offs (PSPS), to protect against wildfire ignition
and to enhance public safety as permitted under
California law. These PSPS events have a significant
impact on our communities and our local economies,
often times leaving large segments of the population
without power for days at a time. CSAC has engaged
outside counsel to represent all counties in front of
the CPUC and the PSPS rule-making to ensure that
county interests are adequately represented. CSAC
will continue to engage the IOUs and stakeholder
groups to work towards better coordination during
PSPS events and ensure for adequate resources and
communication to vulnerable populations. In
addition, CSAC is in the process of documenting cost
impacts of PSPS events and will continue to advocate
for adequate resources to assist local communities.
Climate and Resiliency. The Legislature will
continue to focus on a variety of topics related to
improving our statewide resiliency to disasters and
adapting to the impacts of climate change, including
measures that help fund resiliency work at the local
level. It is expected that a bond measure will
continue to move through the legislative process
next year, building on the work done in 2019. CSAC
will continue to engage in these discussions and
work to explore additional opportunities for funding
of pre-hazard mitigation and resiliency funding.
Finally, CSAC will continue to focus on other
funding opportunities within the state’s cap and
trade program for greenhouse gas (GHG) emissions
reduction and adaptation work to help prepare
counties to guard against and prepare for our
changing climate, including funding for natural and
working lands, sea-level rise, organic waste diversion
and other important topics.
The issue of homeowners insurance in fire prone
areas will continue to be a topic of conversation in
the Legislature and at the regulatory agencies. The
Department of Insurance recently made
announcements about changes to the FAIR Plan, the
insurance plan of last resort. CSAC will work with
our local government partners, the Department of
Insurance and other stakeholders to help create
affordable options for homeowners.
Water Resources and Regulatory Issues. CSAC
will continue to engage on a variety of important
legislative and regulatory topics related to water
resources, including the implementation of the
state’s wetland policy, ongoing implementation of
the Sustainable Groundwater Management Act
(SGMA) and ongoing discussions about water
quality, storm water funding and conservation issues.
Resource Recovery and Waste Management. It is
anticipated that the plastics bills, SB 54 (Allen) and
AB 1080 (Gonzalez), will continue to move through
the legislative process next year. CSAC will continue
to advocate in support of these measures to help
reduce plastic waste and increase domestic markets
for recyclable materials. In addition, funding for
waste and recycling infrastructure will continue to
be a topic of interest for local governments. CSAC
will advocate to include funding for organic waste
diversion infrastructure as a necessary component of
any bond measure. Finally, as SB 1383 regulations
become final, CSAC will work with counties to
ensure they have the information and tools necessary
to successfully implement this new law.
Cannabis. Local control and the ability to ban
commercial cannabis operations have continually
come under assault by segments of the cannabis
industry and within portions the Legislature. CSAC
will continue to support local control for cannabis
regulation and work with counties to help ensure for
the successful implementation of their cannabis
programs. In addition, CSAC will continue to
Page 24
Attachment C
Page 51 of 63
CSAC Draft Major Policy Issues for 2020
pressure the Administration to gain access to data in
the state’s track and trace system, as required by
Proposition 64. Finally, CSAC will continue to
support the efforts of the California Cannabis
Authority, the county joint powers authority
designed to aid local cannabis regulation.
Health and Human Services
California Advancing and Innovating Medi-Cal
(CalAIM). Dubbed “California Advancing and
Innovating Medi-Cal,” or CalAIM, this ambitious
package consists of state and federal proposals to
simplify and streamline the Medi-Cal program.
CalAIM has significant implications for many county
health and human services functions, including
behavioral health services, social services eligibility,
county public hospitals, and cross-sector initiatives
for foster youth and those who are homeless or
incarcerated. Counties must focus on the federal,
state, and local finance implications, as well as the
impacts on county operations, successful programs,
and the people and families we serve.
Behavioral Health Issues. County behavioral health
services and funding will continue to dominate
health and homelessness policy conversations in
2020. CSAC will work to gain additional flexibility
within the Mental Health Services Act (MHSA, or
Proposition 63 of 2004) and protect county fiscal
stability and successful services through the state’s
CalAIM Medi-Cal proposal. CSAC will also focus on
cross-sector collaboration and efforts to build robust
and responsive services with schools, the criminal
justice system, and other stakeholders.
Homelessness and Poverty Issues. Homelessness
remains a top Association priority in 2020 and
county health and human services programs remain a
critical focus, including general relief/general
assistance, federal welfare programs such as
CalWORKs and CalFresh, conservatorships and
changes to the Lanterman-Petris-Short Act, data
sharing between county departments, child support
changes, extended foster care, safe parking and other
shelter programs, and behavioral health. Funding,
flexibility, and facilitation of homeless solutions will
be sought at all levels to help counties combat
homelessness.
In-Home Supportive Services. CSAC will continue
to prioritize the fiscal sustainability of the IHSS
program. In 2019, CSAC supported the Governor’s
IHSS proposal which lead to the enactment of a
lowered County IHSS Maintenance of Effort (MOE).
In 2020, CSAC will work closely with the
Administration and counties to continue
implementing the new MOE and to engage on the
IHSS collective bargaining provisions, including the
required reports to the Legislature. In addition, the
state is moving forward with the development of a
Master Plan for Aging by October 2020 as required
by the Governor’s Executive Order. CSAC will
remain engaged on the overall Master Plan for Aging
and specifically any IHSS-related elements.
Child Welfare/Foster Care Funding and
Implementation. CSAC will continue to partner
with counties and county affiliates on implementing
and securing adequate funding for efforts to improve
outcomes for foster youth. AB 12 (Chapter 559,
Statutes of 2010) extended foster care to youth up to
age 21 and has shown significant positive results. The
Continuum of Care Reform (CCR) is working to
reduce the use of group homes and increase the
availability of trauma-informed services. Counties are
fully engaged on expanding these services and
achieving the goals of extended foster care and CCR.
2-1-1 Referral Systems. CSAC and the CSAC
Finance Corporation actively support both state and
federal legislation to help build and fund a statewide
2-1-1 referral system that is responsive to local needs
and natural or man-made disasters. CSAC will
continue to work with counties, the state, and
community based organizations to realize the goal of
statewide implementation of 2-1-1 services.
Page 25
Attachment C
Page 52 of 63
CSAC Draft Major Policy Issues for 2020
Government Finance and Administration
Promote County Interests in Tax Reform Efforts.
As more interested parties call for tax reform, CSAC
will promote county interests in those discussions. A
measure to increase taxes on most commercial and
industrial property has already qualified for the
November 2020 ballot, other ballot measures are
gathering signatures, the Governor has called for
reforms to reduce state revenue volatility, and the
Legislature has introduced multiple measures that
would affect everything from local vote thresholds to
the allocation of sales tax revenues. In the coming
year, CSAC will protect existing county revenues
from being reduced; advocate that any new revenues
be directed to counties as appropriate; and ensure
that any new duties imposed on counties are
adequately funded.
Resist Further Expansion of Workers’
Compensation Presumptions. Recent legislative
interest in expanding injuries or conditions for
which a connection with employment is presumed,
but not proven, threatens the equilibrium of the
workers’ compensation system. By granting
additional, costly benefits to workers for injuries
that, in some cases, may not be job-related, these
legislative efforts shift the burden of proof onto the
employer and impact the financial solvency of the
system. To function correctly, the workers’
compensation system relies on the contributions of
employers and employees to roughly equal the
amount paid out for injuries suffered on the job. To
protect county employers, CSAC will oppose efforts
to create new presumptions and to expand existing
presumptions to new employee classes without data-
driven evidence that the existing system is unjust;
and educate policy-makers about how the workers’
compensation system works and how it already
covers employee injuries and conditions that are job-
related.
Secure Funding for Elections, Redistricting, and
Recent Special Elections. In the last two years, the
state has provided funding for election equipment,
which was badly needed in many counties and which
the state used to incentivize counties moving to the
vote center model. However, the state has not
participated in the cost of election processes since
ending reimbursement for election-related mandated
programs and for special elections to legislative
vacancies, both about ten years ago. The state still
owes counties over $50 million for providing those
mandated programs, but continues to pass new
mandates, including a bill last year increasing
redistricting requirements. CSAC will request
reimbursement for all recent special elections to fill
legislative vacancies; advocate that the state pay its
share of election costs; and pursue funding for newly
enacted mandates.
Protect County Realignment Funding. Through a
series of realignments over the past forty years, the
state has shifted program responsibility for a number
of health, human services, and public safety programs
to counties, along with revenue sources designed to
generally pay for the cost of those services. However,
threats to that funding frequently arise, most
recently in the form of sales tax breaks. CSAC was
able to secure partial reimbursement for those losses,
and continues to pursue the rest of the foregone
revenue, but more proposals will no doubt crop up
over the course of the legislative session. CSAC will
protect revenues that pay for realigned county
programs; and educate policy-makers about the fiscal
state of counties and the effects of further revenue
erosion.
Administration of Justice
Criminal Justice Fines and Fees. For decades, the
Legislature has funded a wide array of criminal
justice programs using fine and fee revenue. As
numerous and diverse programs and reforms have
been enacted by the State, many of which are tied to
an associated fee or fine as a funding source, counties
rely on the current funding structure now in place.
Funding is critical to ensuring counties can continue
to carry out a number of these programs. However, as
fines and fees continue to increase, a number of
offenders fail to meet these obligations. CSAC will
continue to work with our county partners to ensure
that counties have the funding necessary to support
local programs.
Page 26
Attachment C
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CSAC Draft Major Policy Issues for 2020
Trial Court Security. Trial court security was
realigned to the counties as part of 2011 Criminal
Justice Realignment. In some counties the amount of
funding that was provided to the counties has not
kept up with increased personnel and security
costs. Trial court security has been a CSAC priority
for a number of years. CSAC staff has worked closely
with the California State Sheriffs Association (CSSA)
to make Trial court security more functional. CSAC
and CSSA have had a number of meetings with the
Administration, Judicial Council, budget and
legislative staff. CSAC and CSSA will remain
engaged on this issue and work with the
Administration, Legislature and stakeholders to
approve the appropriate ongoing funding levels for
new court security costs.
Bail Reform. The California Money Bail Reform Act
was signed into law in August 2018. This new law
changes the current money bail system to a risk-
based system. It would have become effective
October 1, 2019, but there is a referendum pending
and it delays implementation until after the 2020
election. CSAC will work closely with the
Administration, Judicial Council and the Chief
Probation Officers (CPOC) to help ensure that
counties have the funding necessary for planning,
should the law become effective and a county
chooses to contract with Judicial Council to handle
the pre-trial assessments and supervision.
Juvenile Justice. Juvenile justice in California has
undergone a variety of reforms in the past decade.
These reforms have led to a lower population and an
increase in the number of vacant beds in juvenile
facilities. CSAC will work with stakeholders to look
at long term solutions for utilization of these vacant
beds and work to ensure that there is funding for
these alternatives.
Housing, Land Use, and Transportation
Protect Local Land Use Authority while
Promoting Housing Affordability. Housing policy
was a major focus in the Legislature in 2019 and is
anticipated to continue in 2020. This includes a
renewed focus on passing major “zoning reform”
legislation.
CSAC offered amendments to address our opposition
or concerns with major bills in 2019 that sought to
overhaul local land use planning—the two key
vehicles in this area, SB 50 (Wiener) and AB 1279
(Bloom) both stalled and became two-year bills.
CSAC will continue to advocate for these priority
amendments in 2020. At a high level, the proposed
amendments seek to make the bills consistent with
CSAC’s policy of promoting locally-driven planning
to implement broad state goals to provide housing
affordable at all income levels.
Finally, CSAC will continue to look for opportunities
to provide counties with tools to help expedite
housing production. Efforts will include support
financing tools and opportunities to streamline
environmental review for affordable homes and
shelters.
Protect Development Impact Fee Authority and
Support Process Improvements. Several measures
affecting local government authority to impose fees
to offset the infrastructure costs of new residential
development were considered by the Legislature in
2019. CSAC requested that major changes be
removed or delayed until stakeholders can have a
conversation about comprehensive reforms to the
Mitigation Fee Act and related statutes and
practices, including consideration of the report
commissioned by the Department of Housing and
Community Development (HCD).
HCD’s residential impact fee report includes
recommendations focused on fee transparency, fee
structure, fee design, and alternative funding options
to improve local financing for infrastructure. CSAC
has already identified elements of potential reforms
that counties can support. In 2020, we will continue
to work with the Legislature to support those
reforms and oppose changes that impede local
governments’ ability to mitigate the impacts of new
development on county infrastructure and services.
Protect State Transportation Funding and
Streamline Project Delivery. In 2019, CSAC strongly
opposed efforts to link SB 1 transportation funding to
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housing production. In 2020, CSAC will continue to
focus on protecting transportation funding allocated
to counties, while also streamlining project delivery
and providing tools to maximize the value of county
transportation investments.
Specifically, CSAC will work with Caltrans to
implement CSAC-sponsored SB 137 (Dodd), which
will streamline environmental review and expedite
county bridge and safety projects through
authorizing additional exchanges of federal and state
transportation funds. In addition, we will work with
the Administration and Caltrans to implement the
federal-state environmental reciprocity program that
CSAC successfully advocated for in prior federal
transportation reauthorization bills. Finally, CSAC
will work with the Legislature and Administration
to provide ongoing funding for technical assistance
and training to allow local government agencies to
use best practices in pavement engineering. These
techniques can increase the useful life of
improvements, as well as reduce both costs and
greenhouse gas emissions.
Preparing for the Future of Transportation.
Electric vehicle deployment continues to be a key
part of the state’s climate change efforts. The
implications of autonomous and other transportation
related technology are far reaching and can be both
beneficial and potentially disruptive to mobility, the
economy and overall quality of life. As the fleet
transitions away from gas-powered vehicles, there
will also be significant impacts to transportation
funding.
CSAC will convene a working group to develop a set
of principles regarding the role of counties in the
oversight and regulation of automated and connected
vehicles in 2020. In addition, the automobile industry
has expressed an interest in working with CSAC and
local governments to facilitate the deployment of
electric vehicle charging infrastructure. CSAC will
work with advocates to determine if there is a
mutually agreeable approach to expediting
permitting of this infrastructure. Finally, CSAC will
continue to monitor and engage in discussions about
a long-term, sustainable replacement revenue stream
to the gas tax.
Land Use, Housing and Transportation Linkages.
In 2019, CSAC continued to monitor and defend
against efforts to erode local control over land use
decisions in a variety of contexts. The
Administration has announced plans to convene a
working group to align transportation investments
with housing and climate change goals, consistent
with the Governor’s recent Executive Order. Finally,
the 2019-20 budget included a directive for a similar
workgroup effort to overhaul the Regional Housing
Needs Assessment process.
In 2020, it will continue to be important to get out in
front of some of these conversations with proactive,
positive information about the land use decisions
counties are making that help meet our climate goals
and are consistent with sustainable communities
strategies and other local climate action plans.
Moreover, CSAC and counties must have a place at
the table with the aforementioned working groups
seeking to make major changes to statewide housing,
land use, and transportation policy.
County Priorities in Renegotiated Gaming
Compacts. The first new gaming compact negotiated
entirely by Governor Newsom’s Administration was
signed by the Governor and the relevant Tribal
Chairperson and successfully passed by the
Legislature in 2019. Earlier in 2019, CSAC reached
out to the new Administration to reiterate county
policy priorities for tribal-state gaming compacts.
These priorities, most notably the requirement for an
enforceable mitigation agreement for the off-
reservation impacts of the gaming facility on the
affected local government, were included in the first
Newsom Administration compact. While this new
agreement may indicate a continuation of the general
policy direction of the Brown Administration, there
are still a significant number of tribes with expiring
compacts from 1999 that will need to be renegotiated
over the next year.
The Special Distribution Fund (SDF), which was the
sole statewide mechanism for mitigation of local
government gaming impacts under the 1999
compacts has not had sufficient funding for SDF
grants to local governments since FY 2014-15. While
SDF grants have been insufficient to mitigate all local
impacts since the program’s inception, CSAC will
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continue to look for opportunities to fund the SDF or
another mechanism to fund mitigation from pre-
existing impacts, especially for counties where local
casino mitigation agreements are not in place.
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CSAC Draft Major Policy Issues for 2020
CSAC 2020 Federal Advocacy Priorities
On the heels of the longest government shutdown in history and House impeachment of President Trump, 2020
promises to offer much of the same in the way of political theatrics and partisan fireworks. Although Democratic
congressional leaders and the White House were able to broker several notable deals in 2019 – including a two-year
budget accord and a new North American trade agreement (USMCA) – there may be precious few opportunities
for cooperation in 2020, particularly as election-year maneuvering kicks into high gear.
Despite the potential for political gridlock, CSAC will be working closely with the California congressional
delegation and key federal departments and agencies to advance and protect the federal policy interests of
California’s counties.
California County Spending Priorities. With a new
budgetary agreement in place that jettisons the strict
sequester-level spending caps for fiscal year 2021,
Congress will enter the new year without the burden
of being forced to cut billions of dollars in defense
and non-defense discretionary spending. As the FY21
appropriations cycle begins in earnest, CSAC will be
working to protect the myriad of federal spending
programs that are of vital interest to California’s
counties.
Homelessness. CSAC will continue to aggressively
pursue increased federal funding for key housing and
homeless assistance grant programs. Likewise, the
association will continue to promote pending
legislative initiatives (i.e., HR 1856/HR 1978/S 923)
designed to combat homelessness, including those
that would authorize funds for comprehensive
services and case management for individuals and
families experiencing homelessness.
Federal Healthcare Policy. CSAC will continue to
support efforts to maintain and support the Affordable
Care Act (ACA), including funding the expanded
Medicaid program and insurance subsidies for
individuals and families with incomes above
Medicaid eligibility thresholds.
Additionally, CSAC will continue to support
bipartisan efforts to eliminate the ACA excise tax,
which is slated to go into effect in 2022. A number of
California counties offer health insurance plans and
related programs that will be subjected to the tax on
high-cost plans.
Changes to Entitlement Programs. CSAC will
maintain efforts to protect California county
interests as part of the reauthorization of the
Temporary Assistance for Needy Families (TANF)
program, including working to restore state and
county flexibility to tailor work and family
stabilization activities to families’ individual needs.
CSAC also will support maintaining the focus on
work activities under TANF, while recognizing that
“work first” does not mean “work only.”
Additionally, CSAC will oppose legislation and
pending USDA regulations that would have the
effect of cutting Supplemental Nutrition Assistance
Program (SNAP) funding and/or reducing eligibility
levels and benefits.
Child Welfare Financing Reform. CSAC will
support increased federal funding for services and
income support needed by parents seeking to reunify
with children who are in foster care. CSAC also will
continue to support increased financial support for
programs that assist foster youth in the transition to
self-sufficiency, including post-emancipation
assistance, such as secondary education, job training,
and access to health care.
In addition, CSAC will work to protect and retain
the entitlement nature of the Title IV-E Foster Care
and Adoption Assistance programs while seeking the
elimination of outdated rules that base a child’s
eligibility for funds on parental income and
circumstances. The association also supports federal
funding to address the service needs of youth who
are victims of commercial sexual exploitation.
Finally, CSAC will continue its work with Congress
and the administration to provide maximum
flexibility in meeting provisions of the Family First
Prevention Services Act (FFPSA), including pursuing a
broad array of prevention services and administrative
actions to better align the FFPSA’s congregate care
provisions with the state’s Continuum of Care
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CSAC Draft Major Policy Issues for 2020
reforms. Those improvements include, but are not
limited to, funding authorized in the pending
bipartisan Family First Transition Act (HR 4980/S 2777)
to assist counties as they implement the FFPSA and
continued financial support for child welfare waiver
counties.
Transportation and Infrastructure. Efforts to
advance a wide-ranging infrastructure package once
again fell short during the first session of the 116th
Congress. Nevertheless, congressional leaders and
Trump administration officials are still signaling
their hope that a broad public works measure can
advance in 2020. CSAC will continue to urge
members of the California congressional delegation
to prioritize the significant infrastructure investment
needs at the local level while looking for
opportunities to enhance and streamline the
transportation project delivery process.
On a related matter, the nation’s highway and transit
authorization law – the Fixing America’s Surface
Transportation Act (FAST Act) – is set to expire in the
fall of 2020. CSAC will continue to emphasize the
importance of the local transportation system within
the context of federal transportation policy and will
continue to advocate for new revenues for programs
of importance to counties, such as safety and bridge
projects.
Federal Disaster Assistance. California will
continue to be confronted with the threat of
devastating wildfires, which have been occurring
with more frequency and becoming more severe. The
past few years have been particularly devastating as
the state experienced its largest, most destructive,
and deadliest wildfires in recorded history. CSAC
will continue to advocate for federal assistance and
pre-disaster mitigation funding to help counties
prepare for and recover from the aftermath of these
fires.
Additionally, CSAC will continue to champion
legislation (HR 3193) that would provide states and
local transportation agencies with up to six years to
utilize Federal Highway Administration Emergency
Relief (ER) program funding to repair or reconstruct
federal-aid routes that have been damaged as a result
of a disaster.
Public Lands. CSAC will continue to advocate for a
long-term reauthorization of mandatory entitlement
funding for the Payments-in-lieu-of-Taxes (PILT)
program, as well as the Secure Rural Schools (SRS)
program. Absent long-term renewals of these critical
funding sources, CSAC will continue to support
short-term programmatic extensions.
In addition, CSAC will continue to advocate for
responsible reforms to federal land management.
Such reform efforts should promote healthy forests,
protect endangered species habitat, safeguard
downstream water quality, improve California’s
water supply, and reduce the risk of wildfires.
Finally, CSAC will urge the federal government to
provide funding to help California establish healthy
and resilient forests that can withstand and adapt to
wildfire, drought, and a changing climate.
Justice Funding. CSAC will continue to serve as a
lead advocate in efforts to protect and enhance the
State Criminal Alien Assistance (SCAAP) program,
which is a key source of federal funding for a
significant number of California’s counties. The
association also will continue to advocate for a long-
term reauthorization of SCAAP and will continue to
seek several reimbursement-criteria changes to the
program.
CSAC also will advocate for other key justice
programs, including the Byrne Memorial Justice
Assistance Grant (JAG) program, the Victims of Crime
Act (VOCA) and the Violence Against Women Act
(VAWA).
Indian Affairs / Fee-to-Trust Reform. CSAC will
continue to oppose legislation (HR 375) that would
overturn the U.S. Supreme Court’s Carcieri v. Salazar
decision in the absence of provisions that would
provide for a comprehensive overhaul of the U.S.
Department of the Interior’s fee-to-trust process.
Remote Sales Tax. In the wake of the Supreme
Court’s 2018 ruling in South Dakota v. Wayfair, states
can now require online retailers to collect and remit
sales taxes, regardless of whether they have a
“physical presence” in that particular state.
Following the Wayfair decision, a number of states,
including California, are moving to capitalize on this
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CSAC Draft Major Policy Issues for 2020
lost tax revenue. Such widespread state-level action
could serve as the impetus for Congress to consider
legislation – similar to the Marketplace Fairness Act –
that would create a national framework for tax
collection. CSAC will support efforts aimed at
further strengthening state and local taxing
authority and will oppose legislation that seeks to
overturn the Wayfair decision.
State and Local Tax Deduction. The 2017 Tax Cuts
and Jobs Act (PL 115-97) allows taxpayers to deduct
property taxes and income or sales taxes, but only up
to a combined cap of $10,000. Prior to the Act, federal
taxpayers could deduct the entirety of their state and
local property taxes, as well as their state income
taxes or sales tax. CSAC supports legislation that
would fully restore the SALT deduction and opposes
any effort to further reduce or eliminate this tax
benefit.
Tax Exempt Bonds. The Tax Cuts and Jobs Act fully
preserved the tax exempt status of municipal bonds
and Private Activity Bonds (PABs), though
eliminated the exemption for advance refunding
bonds, which counties use to refinance outstanding
bonds to take advantage of better terms and rates.
CSAC will continue to support the municipal bond
and PAB tax exemption, as well as legislation that
would restore the exemption for advance refunding
bonds.
Environmental Regulatory Reform. With the
Trump administration taking a series of actions to
dismantle Obama-era environmental regulations –
such as the Clean Power Plan and the Waters of the
United States (WOTUS) rule – CSAC will continue
to monitor executive and administrative actions that
would impact California’s counties.
Executive Action on Immigration-related Policy.
CSAC will continue to closely monitor the potential
impact of legislative and regulatory actions that
would have the effect of cutting off certain federal
funds to California’s counties, including new
standards announced by the U.S. Department of
Justice that would preclude the state’s counties from
being eligible for SCAAP payments beginning with
the fiscal year 2020 application cycle. It should be
noted that the Trump administration’s executive and
administrative actions aimed at withholding federal
funds from so-called “sanctuary jurisdictions” remain
the subject of a number of lawsuits across the
country. Accordingly, CSAC will continue to closely
monitor the outcome of these judicial proceedings.
Preemption of Local Authority. CSAC will
continue to support legislative efforts (i.e., HR 530 &
S 2012) that would overturn the Federal
Communications Commission’s (FCC) recent Order
that limits the ability of local governments to
regulate the deployment of 5G wireless
infrastructure.
Cannabis. While 33 states and the District of
Columbia have legalized the use of cannabis for
medicinal or recreational purposes, it is still
classified as a Schedule 1 narcotic under the Controlled
Substances Act. As a result, the use, possession, and
sale of cannabis remains a federal crime, which has
created significant issues for states that have
legalized cannabis use. In an effort to address the
conflict between federal and state law, CSAC
supports legislation that would allow states to
determine their own cannabis policies. CSAC also
supports legislation that would ensure greater access
to banking for cannabis-related businesses (HR
1595), as well as proper medical research on the
effects of cannabis use.
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LEGISLATION COMMITTEE 6.
Meeting Date:02/10/2020
Subject:Federal Legislative Update
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2020-04
Referral Name: Federal Legislative Update
Presenter: Paul Schlesinger Contact: L. DeLaney, 925-335-1097
Referral History:
The Legislation Committee regularly receives and discusses updates on federal legislation and
policy of interest to the County, providing direction to staff as needed.
The Legislation Committee also regularly discusses federal advocacy priorities for the County
during the National Association of Counties (NACo) Legislative Conference, which is occurring
this year from February 29 through March 4, 2020.
Referral Update:
The information below comes to us from the County's federal advocate, Alcalde & Fay, who
provided their "This Week in Washington" report to the County for the week of January 27-31,
2020. (Note, the report contained information about the status of the impeachment trial of
President Trump, which has now concluded as of the writing of this report, and is therefore
omitted as the information is no longer timely.) Information is also provided from the CSAC
Update From Washington, DC
INFRASTRUCTURE PROPOSAL
The Chairs of several key House Committees joined House Speaker Nancy Pelosi (D-CA) on
Wednesday at a press conference announcing their framework for a massive infrastructure
proposal that includes investments in both surface transportation priorities (roads, bridges, transit
systems, airport and seaports, etc.) as well as in clean water systems, broadband, and energy
efficient infrastructure. The framework, which totals $760 billion over five years, does not
include any legislative text or specific funding levels beyond topline numbers for the various
overarching categories. Instead, the proposal is meant to serve as an outline of House Democrats’
ambitious infrastructure-related plans for the final year of the 116th Congress. Speaker Pelosi was
quick to note that while ambitious, their hope is to work with the President and Congressional
Republicans on each of the proposals. For your reference, the full 19-page framework is available
here and a 3-page factsheet is available here.
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During the press conference, House Transportation & Infrastructure Chairman Peter DeFazio
(D-OR) stressed that his Committee was working to draft a surface transportation reauthorization
bill but that it likely wouldn’t be introduced for several weeks, or possibly several months.
Speaker Pelosi also gave no specific timeline for moving the framework’s various legislative
components to the floor, or whether they would be considered as part of a broad catch-all
infrastructure package or as stand-alone bills. While several policy highlights pertaining to
surface transportation initiatives are included throughout, the framework only includes topline
spending amounts of $319 for highway programs and $105 billion for transit programs (outlined
in pages 2-5 of the framework). The most recent surface transportation bill, the Fixing America's
Surface Transportation (FAST) Act, is scheduled to expire on September 30, 2020, and as such,
Congress has a short window of time left to reach an agreement on the next long-term
reauthorization bill.
With a $760 billion price tag, questions remain as to how Democrats will pay for many of the
framework’s proposals, especially given the lack of adequate funding available to fund the surface
transportation reauthorization bill component. On the topic of funding, both for the next surface
transportation bill and for the framework’s numerous new initiatives, House Ways and Means
Committee Chairman Richard Neal (D-MA) indicated that his Committee would not come out
with any large new or increased revenue streams without buy-in from the Administration (and, he
hoped, Congressional Republicans). Later that same day, the Ways and Means Committee held a
hearing to discuss the importance of identifying viable revenue streams and innovative methods of
financing infrastructure projects going forward, in light of the dwindling Highway Trust Fund
(HTF). In recent years, the HTF has faced a funding shortfall caused in large part by the
discrepancy between gas tax receipts and current spending levels, leading Congress to rely on
short-term funding patches including transfers from the General Fund. While there has been broad
bipartisan support for shifting away from relying almost entirely on the current HTF revenue
structure, there has been less agreement on which of the potential options should be implemented
to shore up the HTF and/or allow for a dramatic increase in infrastructure spending.
During the hearing, members of the Committee engaged witnesses in discussions on several such
proposed sources of revenue, including a tax on Vehicle Miles Traveled (VMT) and the
politically thorny option of increasing the gas tax. Of particular note, while there have been
privacy concerns related to the VMT and tracking vehicle movement, the program has garnered
strong bipartisan support in recent years, including from T&I Committee Ranking Member Sam
Graves (R-MO). With regard to the gas tax, T&I Committee Chairman DeFazio has indicated his
strong support for that option and has proposed increasing the gas and diesel tax by
approximately 1 cent per year. Most of the witnesses offered their support for such an increase,
including Mr. Joung Lee, Director of Policy and Government Relations for American Association
of State Highway and Transportation Officials (AASHTO), who called for “increasing and
indexing” the gas tax to provide a sustainable source of revenue that could then be amplified by
additional programs. Congressman Brendan Boyle (D-PA) dismissed the notion that voting to
increase the gas tax could endanger a member’s re-election prospects, noting that when the
Pennsylvania legislature voted to increase and expand revenue models dedicated to transportation,
not a single member that voted in support of the proposal lost reelection.
While Chairman Neal did not commit during the hearing to any particular source of revenue,
Ranking Member Kevin Brady (R-TX) spoke out several times against any increase to the gas tax,
arguing instead in support of adopting “innovative policies that will attract more private capital
into infrastructure.” The hearing also touched on the potential for expanded financing options,
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including bringing back the popular Build America Bonds program and expanding the use of
Private Activity Bonds. Mr. DJ Gribbin, Founder of Madrus LLC, also testified in support of the
TIFIA program and called for more liberalized tolling policies that attract private investment,
which he said could each “help with financing and taking more of the burden off of the taxpayer.”
While the other witnesses supported innovative financing programs, Mr. Lee noted that these
programs are “insufficient in and of themselves” to meet transportation infrastructure needs. Ms.
Diane Gutierrez-Scaccetti, Commissioner of the New Jersey Department of Transportation, also
noted that project planning was suffering in recent years as states were increasingly unable to
prioritize projects due to a lack of insight and predictability pertaining to future funding
availability.
MEDICAID BLOCK GRANT PROPOSAL
On Thursday, the Trump Administration announced the Healthy Adult Opportunity (HAO)
initiative, a new optional Medicaid demonstration program that would allow states to receive
capped funding (block grants) in exchange for more flexibility in the administration of Medicaid
programs. The Administration asserts that this this will lead to lower federal spending over time
and increase program efficiencies at the local level. Currently states receive a percentage of
Medicaid costs from the federal government through matching rate funds and are required to
comply with provisions from the Department of Health & Human Services (HHS) Centers for
Medicare & Medicaid Services (CMS), but this new initiative will allow states to apply for a block
grant of Medicaid funding based on certain guidelines outlined in the policy guidance. States will
have the option to apply for either a negotiated, capped amount based on previous year expenses
and population, or a base amount that would cover expenses at a per-enrollee basis. The HAO
initiative is intended for coverage for individuals under the age of 65 who are not
Medicaid-eligible due to disability or long-term care needs. Additionally, states will have the
flexibility to establish their own eligibility conditions on coverage included under an HAO
demonstration that do not apply to Medicaid coverage under state plans. Proponents of the rule
believe it will allow for innovation in the healthcare system without states having to wait for
federal approval; however, opponents of the proposal suggest the initiative will lead to reductions
in eligibility or coverage, as well as cuts to Medicaid spending for those participating states. For
your reference, the CMS letter to State Medicaid Directors with the full guidance is available
here , and the CMS fact sheet is available here.
WATERS OF THE UNITED STATES
Last week, the Trump Administration finalized a rule that updates standards for regulating
waterways, revising a more expansive rule for defining “Waters of the U.S.” previously proposed
during the Obama Administration. The new rule, which falls under the federal regulatory
authority of the Clean Water Act, designates four categories of waters for federal regulation: (1)
territorial seas and traditional navigable waters; (2) perennial and intermittent tributaries; (3)
certain specified lakes, ponds, and impoundments; and (4) wetlands adjacent to jurisdictional
waters. The rule also specifically sets forth categories of exclusions that are not “Waters of the
U.S.” including: farm and stock watering ponds; waste treatment systems; groundwater; prior
converted cropland, and other exclusions that encompass features that only contain water directly
because of rainfall. Some groups have raised environmental concerns with excluding downstream
water bodies from federal regulation. This is the second step in a two-step process to review and
revise the definition of “Waters of the U.S.” This rule will become effective 60 days after
publication in the Federal Register, and the pre-published version is available here.
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PUBLIC CHARGE RULE
On Monday, the Supreme Court in a 5-4 decision ruled that the Trump Administration can
implement its “public charge” rule, which states that the federal government can deny immigrants
entry in the United States, and/or citizenship, if they are deemed likely to rely on public benefit
programs such as non-emergency Medicaid, Section 8 housing and rental assistance, Temporary
Assistance for Needy Families (TANF), Supplemental Security Income (SSI) or the Supplemental
Nutrition Assistance Program (SNAP). The rule was originally scheduled to go into effect on
October 16, 2019, however numerous federal judges blocked it from being implemented, with the
most recent injunction issued earlier this month. The Department of Justice (DOJ) subsequently
filed an emergency appeal asking the Supreme Court to lift the injunction. In their separate
concurring opinions, Justices Neil Gorsuch and Clarence Thomas both criticized the numerous
court-ordered injunctions preventing the rule from going into effect.
Many advocacy groups have challenged this rule stating that it could adversely harm the national
economy and discourage people from enrolling in benefits programs, for fear that it could
jeopardize their immigration and/or citizenship status. Following the Supreme Court decision, the
U.S. Citizenship and Immigration Services (USCIS) announced it will begin implementing the
public charge inadmissibility rules on February 24, 2020.
CSAC: House Democrats Unveil Draft Climate Bill On January 28th , Democratic leaders on
the House Energy and Commerce Committee unveiled a draft climate change package – the
Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act – that would
achieve net-zero greenhouse gas pollution by 2050. The 622-page proposal includes a number of
ambitious reforms that would fall within the committee’s jurisdiction, such as a federal clean
energy standard. Among other things, the plan would create a Clean Energy Credit Trading
Program that would allow entities to buy, sell, and trade credits to demonstrate compliance with
their obligations. It also would require utilities to obtain all of their power from “clean” energy
sources by 2050. The leadership proposal is not meant to be a final product. Instead, it was
publicly released to spur feedback from environmental and industry groups, individual
companies, and other House Democrats. The full draft can be accessed here, and a
section-by-section summary can be found here. In an attempt to solicit feedback and
recommendations from stakeholders, the panel is expected to hold hearings throughout the year.
In the meantime, stakeholders are welcome to submit comments to CleanFuture@mail.house.gov.
Recommendation(s)/Next Step(s):
RECEIVE the report on federal legislation of interest to the County and provide direction to staff
as needed.
Attachments
No file(s) attached.
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