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Home My WebLink AboutBOARD STANDING COMMITTEES - 03252024 - Legislation Cte Agenda PktMonday, March 25, 2024 1:00 PM CONTRA COSTA COUNTY 2255 Contra Costa Blvd., Suite 202, Pleasant Hill 3361 Walnut Boulevard, Suite 140, Brentwood, CA 94513 AGENDA Legislation Committee Supervisor Diane Burgis, Chair Supervisor Ken Carlson, Vice Chair https://cccounty-us.zoom .us/j/82970370770 Call In: 1-888 278 0254, Access code: 219464 1 Legislation Committee AGENDA March 25, 2024 The public may attend this meeting in person at either above location . The public may also attend this meeting remotely via Zoom or call-in. 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 two (2) minutes). 3.RECEIVE and APPROVE the Meeting Minutes for the February 26, 2024 meeting of the Legislation Committee, with any necessary corrections . 24-0909 Meeting Minutes Draft 02.26.24Attachments: 4.RECEIVE report on legislative proposals to repeal a requirement for fixed fees on utility bills and PROVIDE direction, as needed. 24-0910 Attachment A: Local Elected Officials to Letter Repeal the Utility Tax Attachment B: SF Chronicle article Attachment C: CA Energy Markets article Attachment D: AB 1999 Attachments: 5.RECEIVE a report on federal matters of interest to the County and provide direction and/or input, as needed. 24-0911 Attachment AAttachments: Page 1 of 4 2 Legislation Committee AGENDA March 25, 2024 6.RECEIVE a report from Chief Assistant County Administrator Tim Ewell on the status of the County's federal FEMA (Federal Emergency Management Agency) COVID-19 claims for Public Assistance. 24-0912 Attachment A: Contra Costa FEMA Projects Overview 3-21-24 w Timeline Metrics Attachment B: Senators_NCS_letter_to_the President Attachment C: Congress letter to FEMA Director Criswell Project Roomkey Reimbursements 3.11.24 Attachment D: Joint Local Government Letter to FEMA Attachments: 7.RECEIVE a report on the FY 24-25 State Budget and the 2024 Bills of Interest to the County and provide direction to staff and the County's state advocates, as needed. 24-0913 Attachment A Attachment B-- UCC Bills of Interest Attachments: 8.CONSIDER recommending a position of "Oppose" on AB 2882 (McCarty) California Community Corrections Performance, a bill that would add a representative of a community-based organization with experience in successfully providing behavioral health treatment services to persons who have been convicted of a criminal offense, and a representative of a Medi-Cal managed care plan that provides the Enhanced Care Management benefit, to the membership of the Community Corrections Partnership and other related provisions, as recommended by the Chief Probation Officer. 24-0914 Attachment A-- AB 2882 Bill Text as introducedAttachments: 9.CONSIDER recommending a position of "Oppose Unless Amended" on SB 964 (Seyarto) Property Tax: Tax-Defaulted Property Sales, a bill that would require those excess proceeds from sales of tax-defaulted property to be transferred to the Controller for deposit in the Defaulted Tax Sale Subaccount, as recommended by the County Treasurer-Tax Collector. 24-0915 Attachment A--SB 964 as amended Attachment B-- SB 964 (Seyarto) CACTTC Oppose Unless Amended Letter 2.15.24 Attachments: Page 2 of 4 3 Legislation Committee AGENDA March 25, 2024 10.CONSIDER recommending a position of "Oppose" on AB 2561 (McKinnor) Local Public Employees: Vacant Positions, a bill that requires each public agency with bargaining unit vacancy rates exceeding a specified percent for more than a specified number of days to meet and confer with a representative of the recognized employee organization to implement a plan to fill all vacant positions, as recommended by the County Administrator. 24-0916 Attachment A: AB 2561 (McKinnor) bill textAttachments: 11.CONSIDER finding consistent with the adopted 2023-24 State Legislative Platform or recommend to the Board a position of "Support" on SB 1013 (Bradford) Taxation: Property Tax Assistance for Descendents of Enslaved Persons, a bill that establishes the Property Tax Assistance for Descendants of Enslaved Persons Program for purposes of making, upon appropriation by the Legislature, grants available to persons who currently live in a formerly redlined neighborhood in the state and are descendants of a person enslaved in the United States, as recommended by the County Treasurer-Tax Collector. 24-0917 Attachment A: SB 1013 (Bradford) as amendedAttachments: 12.The next meeting is currently scheduled for Tuesday, April 16, 2023 at 10:00 a.m. 13.Adjourn Page 3 of 4 4 Legislation Committee AGENDA March 25, 2024 General Information This meeting provides reasonable accommodations for persons with disabilities planning to attend a the 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 Committee less than 96 hours prior to that meeting are available for public inspection at 1025 Escobar St., 4th Floor, Martinez, during normal business hours. Staff reports related to items on the agenda are also accessible on line at www.co.contra-costa.ca.us. HOW TO PROVIDE PUBLIC COMMENT: Persons who wish to address the Committee during public comment on matters within the jurisdiction of the Committee that are not on the agenda, or who wish to comment with respect to an item on the agenda, may comment in person, via Zoom, or via call-in. Those participating in person should offer comments when invited by the Committee Chair. Those participating via Zoom should indicate they wish to speak by using the “raise your hand” feature in the Zoom app. Those calling in should indicate they wish to speak by pushing *9 on their phones. Public comments generally will be limited to two (2) minutes per speaker. In the interest of facilitating the business of the Board Committee, the total amount of time that a member of the public may use in addressing the Board Committee on all agenda items is 10 minutes. Your patience is appreciated. Public comments may also be submitted to Committee staff before the meeting by email or by voicemail. Comments submitted by email or voicemail will be included in the record of the meeting but will not be read or played aloud during the meeting. For Additional Information Contact: Lara DeLaney, staff to Committee, (925) 655-2057. lara.delaney@cao.cccounty.us Page 4 of 4 5 CONTRA COSTA COUNTY Staff Report 1025 ESCOBAR STREET MARTINEZ, CA 94553 File #:24-0909 Agenda Date:3/25/2024 Agenda #:3. LEGISLATION COMMITTEE Meeting Date: March 25, 2024 Subject: Meeting Minutes for Legislation Committee Meeting of 02/26/24 Submitted For: Legislation Committee Department: County Administrator’s Office Referral No: 2024-01 Referral Name: Meeting Minutes Presenter: L. DeLaney Contact: (925) 655-2057 Referral History: County Ordinance requires that each County body keep a record of its meetings. Though the record need not be verbatim, it must accurately reflect the agenda and the discussions made in the meetings. Referral Update: Attached for the Committee’s consideration is the draft Meeting Minutes for the Committee’s February 26, 2024 meeting. Recommendation(s)/Next Step(s): Staff recommends APPROVAL of the Meeting Minutes for the February 26, 2026 meeting of the Legislation Committee. Fiscal Impact (if any): None. CONTRA COSTA COUNTY Printed on 3/21/2024Page 1 of 1 powered by Legistar™6 Meeting Minutes - Draft CONTRA COSTA COUNTY Legislation Committee Supervisor Ken Carlson, Chair Supervisor Diane Burgis, Vice Chair https://cccounty-us.zoom.us/j/82970370770 Call In: 1-888 278 0254, Access code: 219464 1:00 PM 2255 Contra Costa Blvd., Suite 202, Pleasant Hill | 3361 Walnut Boulevard, Suite 140, Brentwood, CA| Monday, February 26, 2024 1.Introductions Chair Carlson convened the meeting at 1:00 p.m. from his office. Vice Chair Burgis joined from her office. No members of the public had joined the meeting at either office . Also in attendance were: Lara DeLaney, staff to Committee Colleen Awad, District IV Senior District Representative Peter Myers, District III staff L. Raygoza, EHSD staff Timothy Ewell, Chief Assistant County Administrator Monica Nino, County Administrator Jennifer Quallick, Deputy Chief of Staff, District II Bob Campbell, Auditor-Controller Jim Davenport, Thorn Run Partners Paul Schlesinger, Thorn Run Partners Geoff Neill & Michelle Rubalcava, Nielsen Merksamer Cheryl Sudduth Joseph Greaves 2.Public comment on any item under the jurisdiction of the Committee and not on this agenda (speakers may be limited to two (2) minutes). No public comment was received. 3.RECEIVE and APPROVE the Meeting Minutes for the December 18, 2023 meeting of the Legislation Committee, with any necessary corrections . 24-0464 Attachments:Meeting Minutes Draft 12.18.23 The Minutes for the December 18, 2023 meeting were approved as presented. This Consent Item was approved. Page 1 of 3 7 Legislation Committee Meeting Minutes - Draft February 26, 2024 4.CONSIDER electing a Committee member to the offices of Chair and Vice Chair for 2024. 24-0465 Supervisor Carlson nominated Supervisor Burgis to Chair of the Legislation Committee, which she accepted. No public comment was received. 5.RECEIVE a report on federal matters of interest to the County and provide direction and/or input to staff and the County's federal lobbyists, as needed. 24-0466 The County's federal lobbyist, Paul Schlesinger of Thorn Run Partners, provided an oral update to staff report in the packet, noting that it didn't appear an agreement on the FY 24 federal budget was nearing a conclusion. He reported that if a Continuing Resolution was the outcome, it would include automatic reductions in spending levels . He also noted that under a Continuing Resolution, the County's federal "congressionally directed spending" projects would likely be eliminated . The process for the FY 25 federal earmarks was beginning, however. The President's budget was due March 11, 2024. No public comment was received. This Consent Item was received. 6.RECEIVE a report from Chief Assistant County Administrator Tim Ewell on the status of the County's federal FEMA (Federal Emergency Management Agency) COVID-19 claims for Public Assistance. 24-0467 Attachments:Attachment A: Contra Costa FEMA Projects Overview 2-20-24 w Timeline Metrics Attachment B: COR-002210 Cal OES Advocacy Letter DR 4482 Emergency NCS Attachment C: FEMA NCS article in EBT 02.14.24 Chief Assistant County Administrator Tim Ewell provided an oral update to the staff report in the packet. He discussed the advocacy efforts he had recently undertaken in Washington D.C., advocating for the reimbursement of the Non-Congregate Shelter (NCS) costs the County had incurred while responding to the COVID-19 pandemic. He went through the spreadsheet on Attachment A, noting the projects that had been recently obligated by FEMA and the 2 NCS projects in Final Review . He mentioned an advocacy letter in development by Congressman Robert Garcia . He also noted that the County had recently executed a contract with outside counsel who specializes in FEMA related litigation. Chair Burgis commented that she was proud of the efforts the County had been making on this issue. No public comment was received. This Consent Item was received. 7.RECEIVE a report on the FY 24-25 State Budget and the 2024 Bills of Interest to the County and provide direction to staff and the County's state advocates, as needed. 24-0468 Attachments:Attachment A The County's state lobbyist, Michelle Rubalcava from Nielsen Merksamer, provided an oral update to the staff report, noting that the Legislative Analyst's Office (LAO) had increased their projected state budget deficit to $73 billion and had identified one-time Page 2 of 3 8 Legislation Committee Meeting Minutes - Draft February 26, 2024 and temporary spending for reduction. The LAO was publishing policy briefs on various elements of the state budget that were recommended for review . Ms. Rubalcava noted that the Legislature was conducting budget reviews at the Subcommittee level . Chair Burgis expressed concern with the potential impacts on senior services . She also expressed concern with the implementation of CARE Court and other state mandates . CSAC and the Urban Counties of California (UCC) would be advocating for additional resource needs for counties to effectively implement the new policies /programs, including Prop. 1, if it were to pass. With regard to legislation, Ms. Rubalcava noted that the bill introduction deadline of Feb. 16 had passed. There were numerous "spot bills" introduced with sparse language included. The bills were still be reviewed and analyzed for potential impacts . Vice Chair Carlson noted there was a lot of work to be done in this regard. CAO Nino inquired about how much more information we will have by the May Revise . Geoff Neill responded that we should know the Governor's priorities in the May Revise . No public comment was received. This Consent Item was received. 8.The next meeting is currently scheduled for March 25, 2024 at 1:00 p.m. 9.Adjourn The meeting was adjourned at 1:47 p.m. Page 3 of 3 9 CONTRA COSTA COUNTY Staff Report 1025 ESCOBAR STREET MARTINEZ, CA 94553 File #:24-0910 Agenda Date:3/25/2024 Agenda #:4. LEGISLATION COMMITTEE Meeting Date: March 25, 2024 Subject:Legislative Proposals to Repeal a Requirement for Fixed Fees on Utility Bills Submitted For: John Kopchik Department: Conservation & Development Referral No: Referral Name: Legislative Proposals to Repeal a Requirement for Fixed Fees on Utility Bills Presenter: Jody London, Department of Conservation & Development Contact: Jody London, 925-655-2815 Referral History: On January 23, 2024, Supervisor Andersen received a request to sign an open letter to State legislators opposing a proposed new fixed fee for electricity customers of investor-owned utilities. (See Attachment A) Supervisor Andersen inquired whether the County has taken a position on this matter, which it has not. The new fixed fee was created as one part of the 2022 State budget process by Assembly Bill 205, which addressed a number of energy issues. AB 205 directed the California Public Utilities Commission (CPUC) to determine new fixed charges to be assessed by the investor-owned utilities to support operation of the transmission and distribution grid for electricity. Referral Update: The CPUC opened proceedings in 2023 to develop the fixed fee. The proposals from the utilities have been controversial. For PG&E customers, the monthly fixed charge proposed by the utility ranges from $15/month for customers whose annual income is less than $28,000/year to $92/month for those whose annual income is greater than $180,000/year. (See Attachment B.) In January 2024, several members of the Legislature introduced legislation that would reverse the requirement to establish a fixed charge and also allow the CPUC to look at other ways to pay for fixed costs and lower electricity rates. (See Attachments C and D.) AB 1999 <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1999> and Senate Bill 1326 each would repeal the provisions of AB 205, and instead permit the CPUC to authorize fixed charges CONTRA COSTA COUNTY Printed on 3/21/2024Page 1 of 2 powered by Legistar™10 File #:24-0910 Agenda Date:3/25/2024 Agenda #:4. that are either $5/month for customers enrolled in rate assistance programs or $10/month for other customers. Other bills would repeal the fixed charge and do not discuss a different model. Recommendation(s)/Next Step(s): RECEIVE report on legislative proposals to repeal a requirement for fixed fees on utility bills and PROVIDE any direction. Fiscal Impact (if any): There is no direct fiscal impact for the County from these legislative proposals. However, there are potential fiscal impacts for County residents who are PG&E customers. CONTRA COSTA COUNTY Printed on 3/21/2024Page 2 of 2 powered by Legistar™11 Complete this form to sign on to this letter Fact Sheet RE: Request to repeal “Utility Tax” provision now before it increases utility bills on millions of working and middle class families and undermines conservation efforts across California To: California State Legislature and Gov. Gavin Newsom We, the undersigned elected officials, are writing in strong opposition to a provision embedded into Budget Trailer Bill AB 205 (2022) enabling a high fixed charge on Californian utility bills, considered by many a “Utility Tax.” We object to the un-democratic and opaque way in which the Utility Tax was enacted, passed in three days without any public hearings or discussion.The people of California deserve a voice in any major policy change with such wide-ranging consequences. The state legislature needs to immediately repeal Public Utilities Code Section 739.9, through a current Budget Trailer or other bill. Section 739.9 requires the California Public Utilities Commission (CPUC) to add a fixed charge to electricity bills based on household income. Because of this provision, the utilities and other organizations have proposed the highest fixed charges in the country: between $30 to $70 per month for any customer not already on CARE or FERA. That would be three to seven times the national average for such a fixed charge. These proposals would function as a Utility Tax that would apply to all residential customers of PG&E, SCE, SDG&E, and CCAs. In contrast to the claims made by Utility Tax proponents, the Utility Tax will hurt working families. An in-depth analysis of these Utility Tax proposals found that they would have the following negative consequences: ●Millions of Californians who live in apartments, condos, and small homes that use less energy would see their utility bills increase.Californians already suffer under the highest electricity bills in the country. This would have devastating consequences for working families. ●High fixed charges discourage all forms of energy conservation, such as turning off the lights, energy efficiency, or installing new windows, rooftop solar, and batteries. For years, working families have practiced energy conservation as a way to lower their monthly bills. The Utility Tax proposals will take control away from these households, degrading their ability to manage their energy bill. ●The Utility Tax proposals will not incentivize electrification as proponents claim. In fact, it will still be cheaper for most consumers to stick with natural gas under any of the proposals. Utility rates and fees only go up, not down.The fixed charge provision of AB 205 completely lifted the cap on the size of the Utility Tax and says nothing about freezing or lowering electricity rates. Thus, the promise of lower volumetric rates in exchange for the Utility Tax will be temporary.Both rates and the Utility Tax will continue to increase over time, wiping out any initial benefit for CARE and FERA customers, and keeping our constituents trapped in unsustainable electricity bills. The Utility Tax entrenches the problem of high electricity prices, rather than solving it. Electricity prices are too high mainly due to the increasing costs of unnecessary long distance power lines, liability when those lines create wildfire risks, and generous utility profits that drive this spending. A Utility Tax does not fix that underlying problem because it just rearranges who pays what, harming millions of working class people in the process. The true solution to stabilizing the high cost of electricity is to reduce our overdependence on long distance power lines through greater conservation and local clean energy. Attachment A 12 Utility Tax proponents claim that the Utility Tax will lower bills on low income households. This does not tell the whole story. While CARE and FERA customers will see relatively small and temporary bill decreases, households above the cutoff for those programs who live in apartments, condos and smaller homes, will see bill increases.This includes millions of low income Californians, as well as moderate income households, and is unacceptable. We call on the state Legislature to address the problems outlined in this letter by authoring a bill to immediately repeal Public Utilities Code Section 739.9. Thank you, David Haubert, County Supervisor, Alameda County Elisa Marquez, Supervisor, Alameda County Jennifer Kreitz, County Supervisor, Mono County Rodrigo Espinosa, County Supervisor, Merced County Bea Gonzales, County Supervisor, San Benito County HillaryRonen, San Francisco Supervisor, City & County of San Francisco Rafael Mandelman, San Francisco Supervisor, City and County of San Francisco Esther Sanchez, Mayor, Oceanside Justin Massey, Mayor, City of Hermosa Beach Julian Gold, Mayor, Beverly Hills Christian Dinco, Mayor, City of Eastvale John Franklin, Mayor, City of Vista Courtney Welch, Mayor, Emeryville Carmen Montano, Mayor, Milpitas Michael, Vargas, Mayor, City of Perris Larry Agran, Vice Mayor, City of Irvine Carolyn Wysinger, Mayor Pro Tem, El Cerrito Bill Hussey, Mayor, City of Grand Terrace Doug Wilson, Mayor Pro Tempore, City of Grand Terrace Bertha Perez, Mayor Pro Tem, Merced Cameron Sasai, Vice Mayor, City of Pinole Carlyn Obringer, Vice Mayor, City of Concord David Mourra, Vice Mayor, City of Emeryville Teresa Cox, Vice Mayor, City of Fremont Devin T. Murphy, Mayor Emeritus and Councilmember, City of Pinole Sylvia Rodriguez Robles, Councilmember, City of Grand Terrace Attachment A 13 Jeff Allen, Councilmember, City of Grand Terrace Kenneth J. Henderson, Councilmember, City of Grand Terrace Laura Nakamura, Councilmember, City of Concord Kate Harrison, Councilmember, Berkeley GeorgeSyrop, Councilmember, Hayward Alison Hicks, Councilmember, Mountain View Scott Sakakihara, Councilmember, Union City Soheila Bana, Councilmember, City of Richmond Daniel Goldstein, Councilmember, City of Hayward Janani Ramachandran, Councilmember, Oakland Dan Kalb, Councilmember, City of Oakland Wes Speake, Councilmember, Corona Art Brown, Councilmember, City of Buena Park Chris Ricci, Councilmember, City of Modesto Jose Alonso, Councilmember, City of Mendota Norma Martínez-Rubin, Councilmember, City of Pinole Trish Herrera Spencer, Councilmember and former Mayor, Alameda Tracy Jensen, Councilmember, Alameda Deborah Ruddock, Councilmember, Half Moon Bay Alexandre Monteiro, Councilmember, City of Hawthorne ValerieArkin, Councilmember, City of Pleasanton Ariel Kelley, Councilmember, City of Healdsburg Gabriel Quinto, Councilmember, El Cerrito Jeff Nibert, Councilmember, Pleasanton Teresa Acosta, Councilmember, Carlsbad Dan Wright, Councilmember, City of Stockton Chance Cutrano, Councilmember, Town of Fairfax Max Perrey, Councilmember, Mill Valley Susan Sher, Councilmember, Ukiah Gary Gardner, Councilmember, Desert Hot Springs Gayle McLaughlin, Councilmember, Richmond Raj Salwan, Councilmember, Fremont Desrie Campbell, Councilmember, Fremont Pam Brown Schachter, Councilmember, Rolling Hills Estates DennisPocekay, Councilmember, Petaluma Attachment A 14 Dan O’Donnell, Councilmember, City of Vista Francisco Zermeno, Councilmember, Hayward Xouhoa Bowen, Councilmember, City of San Leandro Lisa Motoyama, Councilmember, City of El Cerrito Sukhdeep Kaur, Councilmember, Emeryville L. David Patterson, Councilmember, City of Hawthorne Christine Boles, Councilmember, Pacifica Ida Martinac, Berkeley Rent Board Commissioner & Chair of Environmental Sustainability Committee Vanessa Marrero, Berkeley Rent Board Commissioner, Berkeley Ed Hernandez, District Director, Eden Health District Colin Coffey, Board Member, East Bay Regional Park District Dionisio Rosario, Board Member, East Bay Regional Park District Sara Lamnin, Director, Hayward Area Recreation and Park District Jean Walsh, Transit Director, Alameda-Contra Costa Transit District Robert Raburn, Director, District 4-East Oakland, SanLeandro, Hayward Angela Normand, Trustee, Alameda County Office of Education Aisha Knowles, Trustee, Alameda County Board of Education Tara Sreekrishnan, Trustee, Santa Clara County Board of Education Jennifer Shanoskim, Board Director, Berkeley Unified School District Michael Kusiak, President, Castro Valley Unified School District Board of Trustees Sam Davis, President and District 1 Representative, Oakland Board of Education Mike Hutchinson, Vice President and School Board Director, Oakland School Board ValarieBachelor, School Board Director, Oakland Unified School District Jennifer Brouhard, School Board Director, Oakland Unified School District Leo Sheridan, Vice President and Trustee, San Leandro Unified School District James Aguilar, School Board Member, San Leandro USD Renita Armstrong, School Board Member, Bellflower Unified School District Caitlin Quinn, Trustee, Petaluma City Schools Susan Donaldson, Trustee, Emery Unified School District ReginaChagolla, Trustee, Emery Unified School District Sadia Khan, Trustee, Albany Unified School District Dolly Adams, Trustee, Castro Valley Unified School District DianneJones, Trustee, Fremont Unified School District Dr. April Oquenda, Trustee, Hayward Unified School District Louis Quindlen, Trustee, Peralta Community College District Attachment A 15 Nicky Gonzalez Yuen, Trustee, Peralta Community College District Linda Granger, Trustee, Chabot-Las Positas Community College District Alan Wong, Board President, City College of San Francisco Jonathan, Abboud, Board President, Santa Barbara City College Attachment A 16 3/11/24, 12:53 PM California electricity bills could see huge change under PG&E proposal https://www.sfchronicle.com/bayarea/article/pge-utility-electricity-bills-restructure-plan-17895445.php 1/7 BAY AREA By Danielle Echeverria Updated April 16, 2023 2:45 p.m. Californians’ electricity bills could see huge change if PG&E proposal goes through Gift Article e-Edition Account Attachment B 17 3/11/24, 12:53 PM California electricity bills could see huge change under PG&E proposal https://www.sfchronicle.com/bayarea/article/pge-utility-electricity-bills-restructure-plan-17895445.php 2/7 Northern California’s largest utility company, Pacific Gas and Electric Co., and its two Southern California counterparts are seeking to restructure how their residential electric customers are billed, potentially reducing costs for lower- income households while resulting in higher-income customers paying more. Opinion: Think your utility bills are high now? Californians could soon be paying way more Their proposal, filed this week with the California Public Utilities Commission, is a response to a new state law that changed the requirements for how public utilities charge customers, PG&E said. Under the plan, monthly bills would be broken out into two parts: a fixed infrastructure charge, tiered by customer income level as PG&E has proposed a rate plan in which monthly bills would be broken out into a xed infrastructure charge and an electricity-use charge that would vary based on consumption. Paul Chinn/The Chronicle 2020 Attachment B 18 3/11/24, 12:53 PM California electricity bills could see huge change under PG&E proposal https://www.sfchronicle.com/bayarea/article/pge-utility-electricity-bills-restructure-plan-17895445.php 3/7 required by the law, and an electricity use charge, which would vary based on consumption. The rate for each kilowatt-hour of electricity for all residential customers would decrease by about one-third. The proposed changes would not take effect until state regulators make a final decision, which is expected by July 2024. ADVERTISEMENT Article continues below this ad Spirit Airlines Book Now New Smiles In New York Oakland will enjoy big fun in the Big Apple with Spirit nonstops to Newark/NYC. Ad “This proposal aims to help lower bills for those who need it most and improves billing transparency and predictability for all customers,” Marlene Santos, chief customer officer for PG&E, said in a statement. “This proposal will help to limit the Attachment B 19 3/11/24, 12:53 PM California electricity bills could see huge change under PG&E proposal https://www.sfchronicle.com/bayarea/article/pge-utility-electricity-bills-restructure-plan-17895445.php 4/7 impact on disadvantaged communities, as Californians transition to electrification in support of the state’s clean energy goals.” PG&E said 30% of its customers are low-income. But the proposal, which does not change how much revenue PG&E produces, falls short as a solution to soaring energy bills that have left many low-income customers struggling, said Mark Toney, executive director of consumer advocacy group The Utility Reform Network. “What it will end up doing is having a slightly higher monthly bill for high-income rate payers,” said Toney, who has been pushing for an income-based rate. Under the utilities’ proposal, the monthly fixed charge for PG&E customers would be as follows for a four-person household: ADVERTISEMENT Article continues below this ad • Less than $28,000 per year: $15 fixed charge per month. • Between $28,0000 and $69,000 per year: $30 fixed charge per month. • Between $69,000 and $180,000 per year: $51 fixed charge per month. • More than $180,000: $92 fixed charge per month. The proposal recommended a qualified, independent state agency or third party be responsible for verifying customers’ total household incomes. Attachment B 20 3/11/24, 12:53 PM California electricity bills could see huge change under PG&E proposal https://www.sfchronicle.com/bayarea/article/pge-utility-electricity-bills-restructure-plan-17895445.php 5/7 April 13, 2023 |Updated April 16, 2023 2:45 p.m. California residents face some of the highest energy rates in the country, and consumers’ bills shot up this winter as natural gas prices spiked. PG&E has also proposed a four-year plan that would increase utility rates by about 16% in year one — about $35.40 more each month for the average customer compared with 2022 — that state regulators are considering. The new proposal also means high-income customers would see an increase in their monthly bills. By PG&E’s estimates, the lowest income customers would receive a 21% bill reduction, other lower income customers would receive an 8% bill reduction, moderate-income customers would receive a bill reduction of 6%, while high-income customers would see their bills increase 24%. The rate proposals by investor-owned PG&E come as it faces increasing costs to upgrade an electrical system responsible for scores of wildfires in recent years, including the deadly Paradise and Wine Country blazes. Costs and liabilities related to wildfires pushed the company into bankruptcy in 2019. TURN, along with the Natural Resources Defense Council, filed its own proposal for fixed rates based on income that would also limit the amount utilities can charge based on demand. “The problem is the sky’s the limit for how much PG&E can request for electricity and gas rates, and the sky’s the limit for what the PUC can approve,” Toney said. “We need to limit rate increases to the annual consumer price index.” Reach Danielle Echeverria: danielle.echeverria@sfchronicle.com; Twitter: @DanielleEchev Attachment B 21 Copyright © 2024, NewsData LLC. Unauthorized reproduction is strictly prohibited. CALIFORNIA ENERGY MARKETSККϕКК"ßïßāКͯϗКͯͭͯͱККϕККAÐϜКͮʹ͵ͭККϕККPage 6 [8] Legislators Who Passed AB 205 Now Want to Repeal a Portion of It (from [2]) A group of California Democratic legislators iscalling for a rollback of a portion of legislation that GLUHFWHGDQLQFRPHJUDGXDWHGˋ[HGHQHUJ\FKDUJHIRUutility customers, saying the provisions need more time and review.“An income-graduated fee is impractical for a QXPEHURIUHDVRQVȥ$VVP-DFTXL,UZLQ'7KRXVDQGOaks) said in a Jan. 30 press conference, surrounded E\IHOORZOHJLVODWRUVZKRQRZRSSRVHWKHˋ[HGIHHthat was called for in Assembly Bill 205, which passed in 2022.,UZLQZKRYRWHGLQIDYRURI$%VDLGEDVLQJWKHˋ[HGFKDUJHRQLQFRPHLVȤQHDUO\LPSRVVLEOHgiven the legal and privacy challenges that there would undoubtedly be to accurately determine” the income of every utility ratepayer in the state.People’s income changes from year to year, and this would require the California Public Utilities Commission to determine every ratepayer’s income, ,UZLQVDLG7KHDGPLQLVWUDWLYHFKDOOHQJHRILPSOH-menting the program “is mind-boggling”—and that LVEHIRUHFRQVLGHULQJWKHFRVWRIVXFKDQH[HUFLVHVKHbVDLGAB 205 directs the CPUC to create at least three UHVLGHQWLDOUHWDLOLQFRPHJUDGXDWHGˋ[HGFKDUJHVIRUall investor-owned utilities by July 1, on the assump-WLRQWKDWDˋ[HGFKDUJHZRXOGDOORZYROXPHWULFUDWHVto drop and theoretically distribute the costs of sup-porting the electric system more fairly (California (QHUJ\0DUNHWV1R).Customers participating in the Family Electric Rate Assistance and California Alternate Rates for Energy programs would continue to receive discounts RQSHUNLORZDWWKRXUFKDUJHVDQGDORZˋ[HGUDWHThe legislators calling for the rollback say that middle-income earners would bear the largest burden because they are ineligible for discounts.7KHLQFRPHEDVHGˋ[HGFKDUJHZDVDODWHDGGLWLRQto AB 205, the timing of which and didn’t allow for a thorough discussion and consideration of the conse-TXHQFHV,WDOVRFDPHZLWKDKDUGGHDGOLQHZKLFKȤLVUHDOO\UXVKLQJWKHSURFHVVȥ,UZLQVDLGAB 205 also includes other clean-energy incen-tives for programs such as Distributed Electricity Backup Assets and Demand Side Grid Support.California State Sen. Scott Wiener (D-San Fran-FLVFRZKRYRWHGLQIDYRURI$%FDOOHGWKH,28SURSRVDOVIRUWKHˋ[HGFKDUJHȤRXWUDJHRXVȥDQGFLWHGWKHGRXEOLQJRIUDWHVE\,28VLQWKHODVWGHFDGHDVwell as other consequential involvement, such as 3DFLˋF*DV (OHFWULFȢVEDQNUXSWF\DQGUROHLQVHYHUDOGHDGO\ZLOGˋUHVDVUHDVRQVZK\WKHFRQFHSWVKRXOGbe reviewed.Ȥ$OOKRXVHKROGVWKDWDUHQRWRQVXEVLGL]HGSD\-ments, which are only for the lowest-income Cali-IRUQLDQVZRXOGSD\Dˋ[HGFKDUJHEHWZHHQDQGGHSHQGLQJRQWKHLULQFRPHSOXVDYDULDEOHUDWH on top,” Wiener said during the press conference. Ȥ7KHVL]HRIWKDWSURSRVHGˋ[HGFKDUJHLVRIIHQVLYH,WȢVIRXUWRVL[WLPHVWKHPHGLDQˋ[HGFKDUJHXVHGE\RWKHUXWLOLWLHVZKLFKLVW\SLFDOO\ȥ7KHSURSRVHGˋ[HGFKDUJHZRXOGȤVZHHSLQPLOOLRQVof households” that are trying to make ends meet in the face of increased costs of living, Wiener said.The parameters set up by AB 205 would create more administrative costs and drive up rates, “further threatening rooftop solar incentives and reducing conservation behaviors and shared energy goals that must be promoted, not reduced,” Assm. Chris Ward (D-San Diego) said. Ward voted in favor of AB 205.Other strategies will be sought to reduce costs and rates, but “stopping what is put in motion already is the right thing to do before serious consequences result,” Ward said.Ȥ5HSHDOLQJSDUWVRI$%LVMXVWWKHˋUVWVWHSbut an urgent one,” he said.$VVP5HEHFFD%DXHU.DKDQ'2ULQGDZKRvoted in favor of AB 205, said that the way Califor-nians drive down their energy costs is “being taken away from them.” She said when she was growing up, her family would dry their clothes on a clothesline UDWKHUWKDQXVHDFORWKHVGU\HU,WZDVDZD\WRVDYHPRQH\E\XVLQJOHVVHQHUJ\%DXHU.DKDQVDLG%XWXQGHUWKHQHZLQFRPHEDVHGˋ[HGFKDUJHtactics like that would not help.“Conservation is important because it’s important to our climate goals and it’s important to California IDPLOLHVȥ%DXHU.DKDQVDLG$%SDVVHGLQWKH&DOLIRUQLD$VVHPEO\DQGRQWKH6HQDWHˌRRU7KH&38&ȢV3XEOLF$GYRFDWHV2IˋFHDQG7KH8WLO-ity Reform Network, which both submitted their own SURSRVDOVIRULQFRPHJUDGXDWHGˋ[HGFKDUJHVGRnot want to see the bill repealed (California Energy 0DUNHWV1R).Cal Advocates Director Matt Baker in a statement VDLGWKHˋ[HGFKDUJHLVQHHGHGWRKHOSFXVWRPHUVZKRare behind on their utility bills, “making it critical that the CPUC be allowed to amend the current rate structure to ensure all customers pay their fair share REGULATION STATUS Â°§ÐßÉ°КÂ¨°ãÂêÐßãКûÐКúÐêКêÐКÜããКããÈÂāК °ÂÂКͯͭͲϗКû°КÂÂãК§ÐßК°ÈÜÂ- ÈÉêê°ÐÉКÐ§КÉК°ÉÐÈЁ¨ßïêКđĀКÉß¨āКß¨ϗКÉÐûКûÉêКêÐКßÜÂКÜßêãК Ð§КêК°ÂÂϜКPhoto: Anne Ernst Attachment C 22 Copyright © 2024, NewsData LLC. Unauthorized reproduction is strictly prohibited. CALIFORNIA ENERGY MARKETSККϕКК"ßïßāКͯϗКͯͭͯͱККϕККAÐϜКͮʹ͵ͭККϕККPage 7 of costs to safely maintain and operate the power grid and lower-income customers are not unfairly bur-dened with these costs.”TURN’s staff attorney, Matt Freedman, said in a statement that “tackling the larger challenge of affordability” will require other solutions.Ȥ,IWKH/HJLVODWXUHUHSHDOVWKHFXUUHQWODZELOOVIRUlow-income Californians, especially those living in hotter regions of the state, will skyrocket, in particu-lar during the hottest months,” Freedman said. “New LQFRPHEDVHGˋ[HGFKDUJHVZLOOUHGXFHXVDJHFKDUJHVand require every customer, solar homeowner and QRQVRODUUHQWHUVSD\WKHLUIDLUVKDUHIRUZLOGˋUHsafety and climate investments.” ȟ$QQHb(UQVW [9] NRC Begins New Round of Diablo Canyon License-Extension Reviews Public opinion on relicensing the Diablo Canyon Power Plant appears to be a binary proposition, but a few people are asking the U.S. Nuclear Regulatory Commission to consider closing one of the nuclear plant’s two units on schedule to prevent materials failure that they claim has catastrophic potential.The NRC is collecting information for its safety DQGHQYLURQPHQWDOUHYLHZVRISODQWRZQHU3DFLˋFGas & Electric’s license-renewal application, which it VXEPLWWHGWRWKHDJHQF\1RY8QLWVDQGDUHVWLOORIˋFLDOO\VFKHGXOHGIRUUHWLUHPHQWLQDQGDOWKRXJKVWDWHRIˋFLDOVKDYHGHFLGHGWRH[WHQGWKHSODQWȢVRSHUDWLRQDOOLIHWRKHOSPDLQWDLQJULGUHOLDELOLW\,IDOLFHQVHH[WHQVLRQLVgranted by the federal government, Unit 1 would oper-DWHXQWLO2FWDQG8QLWbXQWLO2FW7KH15&ȢV%UHWW.OXNDQZKRIDFLOLWDWHGD)HEbpublic meeting attended by roughly 150 people, reiterated throughout that staff is “actively seeking” public input.PG&E’s latest application replaces a 2009 license-renewal application sought by the utility that was ZLWKGUDZQ0DUFKEDVHGRQHFRQRPLFIDF-tors, according to the NRC. Then, in 2022, the utility sought to either resume the process or else be given DQH[HPSWLRQIURPWLPHO\UHQHZDO7KHH[HPSWLRQwas granted March 2 with the proviso that PG&E submit a new license-renewal application by Dec. 31. ,WZDVDFFHSWHG'HFIRUGRFNHWLQJE\15&VWDII[NRC-2023-0192].Also in December, the California Public Utilities &RPPLVVLRQDSSURYHGDˋYH\HDUH[WHQVLRQRIWKHnuclear facility’s operations by a 3-0 vote, with one abstention (&DOLIRUQLD(QHUJ\0DUNHWV1R).&38&PHPEHU.DUHQ'RXJODVZKRYRWHGLQIDYRURIthe proposed decision and who is the assigned com-missioner in the proceeding, said multiple times that aspects of the decision were directed by Senate Bill ZKLFKSDVVHGLQDQGUHTXLUHVWKH&38&WRUHYLHZFRVWVDQGEHQHˋWVRIH[WHQGLQJRSHUDWLRQVDWthe plant, which provides about 2,200 MW of energy.,Q2FWREHUDQDQDO\VLVE\WKH&DOLIRUQLD(QHUJ\&RPPLVVLRQIRXQGWKDWUHSODFLQJWKH]HURHPLVVLRQenergy provided by Diablo Canyon was not pos-sible in the time frame allotted due to inadequate resources and lagging technology (California Energy 0DUNHWV1R).Douglas said keeping the plant operable is ȤDQbRSSRUWXQLW\WRKHOSEULGJHȥWKHWUDQVLWLRQWRD100-percent clean-energy supply for the state that, LQbWKHIXWXUHZRQȢWGHSHQGRQWKHSRZHUSODQWThe two NRC reviews will be made in parallel with public hearings—including a Feb. 8 in-person meet-ing—that are being conducted as the agency devel-ops its reports and issues its recommendations as to whether the aging units can safely and adequately PDQDJHDȤSHULRGRIH[WHQGHGRSHUDWLRQȥThe agency will issue what it calls a “generic” environmental impact statement for the license UHQHZDODVZHOODVDVXSSOHPHQWDO(,6VSHFLˋFWRDiablo Canyon, each of which will be produced with community input as well as in consultation with ORFDOVWDWHDQGWULEDORIˋFLDOVAlthough there were other scoping-process meet-ings in 2010 and 2015 for PG&E’s 2009 application, NRC staff said in light of the time that has passed “some of the comments may be different, some may be the same.”Most comments either supported renewal or favored rejecting the application; however, Bruce Severance, a member of the Diablo Canyon Decom-missioning Engagement Panel speaking as an indi-vidual, said this “siloed” approach needs to be set DVLGH+HDVNHGWKH15&WRFORVH8QLWLPPHGLDWHO\and allow Unit 2 to remain open for another 10 years.Severance claimed that data on weld materials used in a Unit 1 reactor vessel shows it will reach ȤPD[HPEULWWOHPHQWE\ȥ7KDWLVWKHPDWH-rial could fail, causing the vessel to fracture and/or UXSWXUH+HVDLGKHKDVZULWWHQDSDSHURQWKHLVVXHVand that there is information missing from the NRC docket history on this particular issue. With the new application, Severance said it appears PG&E is seeking to invalidate previously submitted data and “throwing away three decades of data based on two outliers. Why are we throwing it all out?” he asked. Repairing the issues in Unit 1—known metallurgic impurities corrected by Westinghouse, he said, in constructing Unit 2—would “blow the budget” IRUUHSDLUVZLWKDQHVWLPDWHGPLOOLRQSULFHWDJNRC staff said answering questions about the data and materials submitted by PG&E was outside the scope of the meeting, but did say embrittlement is an issue considered in the safety review.Retired physics professor Jim Stewart and others suggested the agency review a paper on Unit 1 by Digby MacDonald on material issues. MacDonald is co-author of a July comment paper on the issue writ-ten with Severance, submitted to the Diablo Canyon ,QGHSHQGHQW6DIHW\&RPPLWWHHPeter Bird, a professor emeritus of the University of California, Los Angeles, who reviewed a seismic-KD]DUGVWXG\VXEPLWWHGE\3* (IRU0RWKHUVIRUPeace, said it is “inadequate and biased” and underes-WLPDWHVȤWKHWUXHVHLVPLFKD]DUGE\VHYHUDORUGHUVof magnitude.”Support for the extension came from regional HOHFWHGRIˋFLDOVDQGUHVLGHQWVSOXVRQH'LDEOR Attachment C 23 Copyright © 2024, NewsData LLC. Unauthorized reproduction is strictly prohibited. CALIFORNIA ENERGY MARKETSККϕКК"ßïßāКͯϗКͯͭͯͱККϕККAÐϜКͮʹ͵ͭККϕККPage 8 Canyon employee. Most framed nuclear as a “renew-able” energy resource able to provide reliable base-line power to the state’s grid. Several supporters said the loss of jobs from Diablo Canyon’s closure would devastate the county and regional economy.5HVLGHQW*DU\.LUNODQGZKRVHOILGHQWLˋHGDVDlibertarian from Atascadero, asked the commission to build four more nuclear plants on the site of Diablo Canyon.Lompoc Mayor Jenelle Osborne said many detrac-WRUVEULQJXSSODQWVDIHW\FRQFHUQVȤ,WȢVRQHRIWKHPRVWVHFXUHSODQWV,ȢYHHYHUEHHQWRȥVKHVDLGȤ6HFX-rity there is much higher than it’s ever been at the federal prison.”15&EUDQFKFKLHI6WHYH.RHQLFNVDLGFRPPHQWVwould be accepted until Feb. 23, after which the DJHQF\ZLOOLVVXHDGUDIWVXSSOHPHQWDO(,6LQ2FWREHUand hold a public meeting at some time thereafter. 7KH15&VKRXOGLVVXHWKHˋQDO6(,6LQ-XQHand is scheduled to reach a decision in August 2025. ȟ/LQGDb'DLOH\b3DXOVRQ [10] Land Use for Clean-Energy Projects Needs Early Consideration, Experts Say California’s vast landmass and long stretches of coastal waters might look inviting for clean-energy development, but ambiguous or inconspicuous land-use implications can prevent a project from moving IRUZDUGH[SHUWVVD\Several state agencies gathered on Feb. 1 to dis-cuss land-use perspectives and agency collaboration for clean energy resources and climate change plan-ning to reach the state’s greenhouse gas emissions-reduction goals set forth in Senate Bill 100, which passed in 2018. A key takeaway voiced by panelists is that pro-posed project discussions and engagement among stakeholders need to come early and often.“We should be brought in early on at the begin-QLQJRIWKHVHWKLQJVȥ0DUL]D6XOOLYDQYLFHFKDLURIthe Coastal Band of the Chumash Nation, said. Damon Safranek, CEO of the Paskenta Band of 1RPODNLVDLGWKHUHLVRIWHQDȤFKHFNWKHER[ˋQDOstep” pattern when it comes to such things as envi-ronmental studies, cultural resources and other pro-cesses that “state agencies or developers go through, and it can often cause a lot of headaches, heartaches and delays when a lot of time and energy has been spent . . . when all of that could have been avoided by having tribes at the table . . . up front.”Resources that are “protected” and “cherished” could be considered “at the beginning of the planning process and not at the very end,” Safranek said.Panelists from the California’s Department of Fish and Wildlife, its Department of Conservation and the U.S. Bureau of Land Management echoed the importance of being involved in discussions early in the process.“We don’t want to be seen as just a regulatory agency—we want to be included in the discussions for where and how SB 100’s goals can be achieved ZKLOHPLQLPL]LQJLPSDFWVWR&DOLIRUQLDȢVQDWXUDOUHVRXUFHVȥ.HOOH\%DUNHUHQYLURQPHQWDOSURJUDP manager for CDFW, said. “Early engagement is really a key to that.”Barker said it is preferable that projects come before the agency “way before a project is sited or a [California Environmental Quality Act] document is in development, because at that time it’s really too late to get our input in, and changes at that stage” create costly delays “and nobody wants that.”7KHUHDUHFRPSOH[LWLHVDQGQXDQFHVWRODQGDQGwater use that to the naked eye might go unob-served or unknown, Adam Moreno, manager of the nature-based strategies section for the California Air Resources Board, said.“When identifying land for . . . conversion to clean-energy infrastructure,” the carbon impacts must be considered; “however, take into account other social and environmental considerations as well,” Moreno VDLGȤ)RUH[DPSOHGHVHUWVPD\VHHPHPSW\DQGDQeasy choice for siting such development; however, these lands are just as culturally, spiritually and vitally important to local communities and wildlife as any other ecosystem, with some of the longest-lived plants in the entire state and very sensitive systems that cannot be restored within multiple lifetimes.”6RPHVXJJHVWHGSULRULWL]LQJIXWXUHFOHDQHQHUJ\projects on already developed and degraded land-scapes, and where low groundwater reserves are inconducive to agricultural uses.But “it is prudent to take a stance to do the least harm” in any location, “because energy projects may not last hundreds of years, but the impact we have on the environment may,” Moreno said.California currently uses multiple types of map-ping and modeling technologies to inform potential land use for clean energy resources, but those cannot be used independently of local, regional and federal regulations.Building collaborative relationships with “all the partners” in the early stages of conceptual projects and developing broader goals can be a way to avoid “project-by-project mitigation,” Barker said.The land-use discussions will be considered for incorporation in the joint-agency 2025 SB 100 report. ȟ$QQHb(UQVW ãßêКÂÉãК°ÉКÂ°§ÐßÉ°КÈ°¨êКÂÐÐ¿КÂ°¿К°ÂКÜÂãК§ÐßКÂÉЁÉß¨āКÜßÐ¼êãϗК ïêКêāКÉКÂãÐККïÂêïßÂÂāϗКãÜ°ß°êïÂÂāКÉКÉú°ßÐÉÈÉêÂÂāК°ÈÜÐßêÉêϗК Üßê°°ÜÉêãК°ÉКК°ãïãã°ÐÉКÐ§КZ КͮͭͭК¨ÐÂãКã°ϜКPhoto: U.S. Bureau of Land Management/Flickr Attachment C 24 california legislature—2023–24 regular session ASSEMBLY BILL No. 1999 Introduced by Assembly Members Irwin, Addis, Berman, Connolly, Muratsuchi, Papan, Pellerin, Quirk-Silva, Ting, Ward, and Weber (Principal coauthor: Assembly Member Bauer-Kahan) (Principal coauthor: Senator Wiener) (Coauthors: Assembly Members Boerner, Bonta, Friedman, Lee, Low, and Maienschein) (Coauthor: Senator Blakespear) January 30, 2024 An act to amend Section 739.9 of the Public Utilities Code, relating to electricity. legislative counsel’s digest AB 1999, as introduced, Irwin. Electricity: fixed charges. Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. Existing law requires the commission, no later than July 1, 2024, to authorize a fixed charge for default residential rates. Existing law requires these fixed charges to be established on an income-graduated basis, with no fewer than 3 income thresholds, so that low-income ratepayers in each baseline territory would realize a lower average monthly bill without making any changes in usage. Corrected 1-31-24—See last page.99 Attachment D 25 This bill would repeal the provisions described in the preceding paragraph. The bill would instead permit the commission to authorize fixed charges that, as of January 1, 2015, do not exceed $5 per residential customer account per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE) program and that do not exceed $10 per residential customer account per month for customers not enrolled in the CARE program. The bill would authorize these maximum allowable fixed charges to be adjusted by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year, beginning January 1, 2016. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain provisions of this bill would be a part of the act and therefore a violation of the bill’s requirements or of a commission action implementing its requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 739.9 of the Public Utilities Code is line 2 amended to read: line 3 739.9. (a) “Fixed charge” means any fixed customer charge, line 4 basic service fee, demand differentiated basic service fee, demand line 5 charge, or other charge not based on the volume of electricity line 6 consumed. line 7 (b) Increases to electrical rates and charges in rate design line 8 proceedings, including any reduction in the California Alternate line 9 Rates for Energy (CARE) program discount, shall be reasonable line 10 and subject to a reasonable phase-in schedule relative to the rates line 11 and charges in effect before January 1, 2014. 99 — 2 — AB 1999 Attachment D 26 line 1 (c) Consistent with the requirements of Section 739, the line 2 commission may modify the seasonal definitions and applicable line 3 percentage of average consumption for one or more climatic zones. line 4 (d) The commission may adopt new, or expand existing, fixed line 5 charges for the purpose of collecting a reasonable portion of the line 6 fixed costs of providing electrical service to residential customers. line 7 The commission shall ensure that any approved charges do all of line 8 the following: line 9 (1) Reasonably reflect an appropriate portion of the different line 10 costs of serving small and large customers. line 11 (2) Not unreasonably impair incentives for conservation, energy line 12 efficiency, and beneficial electrification and greenhouse gas line 13 emissions reduction. line 14 (3) Are set at levels that do not overburden low-income line 15 customers. line 16 (e) (1) For the purposes of this section and Section 739.1, the line 17 commission may authorize fixed charges for any rate schedule line 18 applicable to a residential customer account. The fixed charge shall line 19 be established on an income-graduated basis with no fewer than line 20 three income thresholds so that a low-income ratepayer in each line 21 baseline territory would realize a lower average monthly bill line 22 without making any changes in usage. The commission shall, no line 23 later than July 1, 2024, authorize a fixed charge for default line 24 residential rates. line 25 (2) For purposes of this subdivision, “income-graduated” means line 26 that low-income customers pay a smaller fixed charge than line 27 high-income customers. line 28 (e) For purposes of this section and Section 739.1, the line 29 commission may, beginning January 1, 2015, authorize fixed line 30 charges that do not exceed ten dollars ($10) per residential line 31 customer account per month for customers not enrolled in the line 32 CARE program and five dollars ($5) per residential customer line 33 account per month for customers enrolled in the CARE program. line 34 Beginning January 1, 2016, the maximum allowable fixed charge line 35 may be adjusted by no more than the annual percentage increase line 36 in the Consumer Price Index for the prior calendar year. This line 37 subdivision applies to any default rate schedule, at least one line 38 optional tiered rate schedule, and at least one optional time-variant line 39 rate schedule. 99 AB 1999 — 3 — Attachment D 27 line 1 (f) Notwithstanding the requirements of subdivision (d) of line 2 Section 739 and Section 739.7, the commission shall not apply line 3 the composite tier method to the treatment of any revenues resulting line 4 from any fixed charge adopted pursuant to this section. line 5 SEC. 2. No reimbursement is required by this act pursuant to line 6 Section 6 of Article XIIIB of the California Constitution because line 7 the only costs that may be incurred by a local agency or school line 8 district will be incurred because this act creates a new crime or line 9 infraction, eliminates a crime or infraction, or changes the penalty line 10 for a crime or infraction, within the meaning of Section 17556 of line 11 the Government Code, or changes the definition of a crime within line 12 the meaning of Section 6 of Article XIIIB of the California line 13 Constitution. line 14 line 15 CORRECTIONS: line 16 Heading—Lines 4 and 7. line 17 line 18 O 99 — 4 — AB 1999 Attachment D 28 CONTRA COSTA COUNTY Staff Report 1025 ESCOBAR STREET MARTINEZ, CA 94553 File #:24-0911 Agenda Date:3/25/2024 Agenda #:5. LEGISLATION COMMITTEE Meeting Date: March 25, 2024 Subject: Federal Legislation of Interest to Contra Costa County Submitted For: Legislation Committee Department: County Administrator’s Office Referral No: 2024-04 Referral Name: Federal Update Presenter: Paul Schlesinger and Jim Davenport, Thorn Run Partners Contact: L. DeLaney, 925-655-2057 Referral History: The Legislation Committee regularly receives reports on federal legislation and budget matters of interest to the County and provides direction and/or input to staff and the County’s federal lobbyists, as needed. Referral Update: Congressional leadership and White House officials have reached an agreement on the next tranche of six funding bills as lawmakers look to turn the page on fiscal year (FY) 2024. Leaders announced the agreement on March 19 after navigating several border security and immigration policy disagreements within the Homeland Security spending bill.All six measures - including Labor-HHS-Education, Defense, Financial Services and General Government (FSGG), Homeland Security, State-Foreign Operations, and Legislative Branch - will be packaged together in a "minibus" that could be released as soon as March 20. Of note, the Homeland Security portion of this package will be included as a regular spending bill instead of a year-long continuing resolution (CR) after leadership reached an eleventh-hour agreement on immigration and border policy disputes. As of the current timeline, a vote in the House may not occur until Friday, March 22, so a short-term funding patch may be needed to keep the government operational while this last funding package works through Congress. Today in Congress.The House will meet on March 20 to consider a rule that will govern debate on a series of GOP-sponsored energy bills that seek to, among other things: (1) repeal section 134 of the Clean Air Act (H.R. 1023) <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3% 2F__https%3A%2F%2Fr20.rs6.net%2Ftn.jsp%3Ff% 3D001qH0HBX6wBmVnQQcUU7PXkZs9DToB3Q0aeaDa228PBM0eq7FkNFgiMhQyW-Vm2OeS0- FHQbbiGeYjWsVF8o1VBrWccsqvIPlAI4_FCLfK5hOnTxBni6qhK4GAQhiCIhBP3c1R-1cAe- Z7iVkWrP6EZzOwJRyUfVrjL7e770190XKrcsl7UrUFcJTuGOUU_dJotj77FAnny7YNWC- tQDS7rIzRl2cBkqj9PYQYBZnuT- tH2CPxWFiuQrbIktZL9kmeumm2TQ2CSTTYjXRLG4IyJzMA6dnSRe3P0k9PcgE4rCM%3D%26c% CONTRA COSTA COUNTY Printed on 3/21/2024Page 1 of 2 powered by Legistar™29 File #:24-0911 Agenda Date:3/25/2024 Agenda #:5. 3DUtUDxFyR_R2vTvrd1yVh55xYNEYeUjE-oiWIxtITfyKYQLWwOv0N1Q%3D%3D%26ch% 3DcXYjMZQTws9In1jOUXLeX-cUe4ijIYTvJdlG9OHHs2wz1ONq7ES2pw%3D%3D__%3B!! OZEuhTV5Po1-xdhMVz0!Bt3YM94-JkCGoBEi2wZ4AhGc4KAQIyNuuH- gvDUPQvtLILnWQDx4OMYpisttuqRcOgQrLNmGH_oV0zMS0qghcnuIpZZz%24&data=05%7C02% 7Clara.delaney%40cao.cccounty.us%7Cb70e50c9b6364e03e0ca08dc48efc891% 7C76c13a07612f4e06a2f4783d69dc4cdb%7C0%7C0%7C638465441928018562%7CUnknown% 7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D% 7C0%7C%7C%7C&sdata=9CGnadUyHwNqpH%2BT2pzu5%2BmRjauZCnF45W4rgmFkXf8% 3D&reserved=0>; (2) promote and "restore" U.S. energy production (H.R. 1121 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3%2F__https% 3A%2F%2Fr20.rs6.net%2Ftn.jsp%3Ff% 3D001qH0HBX6wBmVnQQcUU7PXkZs9DToB3Q0aeaDa228PBM0eq7FkNFgiMhQyW- Vm2OeSyeEnEKetuxzqrReXLr92ORMexsw8bqyFKbnN5deWIn0RO3O51c9ib4Cw2tvbz5u8SUCtR-RVe7- vO4CmjphHzwJiId9eglHpCN41I4LUBvDxl9u2GqLjRxfpB7H6TdN4rIQqTwzup7O8Lblsqmb3lMIMqnBTB2 LNUrtvh_zjYPFqxyRqRd_rZIa78xFofLT3EteyIaGkSrpSbYXIzJ-ZEA5w78Fqj-oUyTOVNAnkEvc%3D% 26c%3DUtUDxFyR_R2vTvrd1yVh55xYNEYeUjE-oiWIxtITfyKYQLWwOv0N1Q%3D%3D%26ch% 3DcXYjMZQTws9In1jOUXLeX-cUe4ijIYTvJdlG9OHHs2wz1ONq7ES2pw%3D%3D__%3B!! OZEuhTV5Po1-xdhMVz0!Bt3YM94-JkCGoBEi2wZ4AhGc4KAQIyNuuH- gvDUPQvtLILnWQDx4OMYpisttuqRcOgQrLNmGH_oV0zMS0qghctFuxkdq%24&data=05%7C02% 7Clara.delaney%40cao.cccounty.us%7Cb70e50c9b6364e03e0ca08dc48efc891% 7C76c13a07612f4e06a2f4783d69dc4cdb%7C0%7C0%7C638465441928026926%7CUnknown% 7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D% 7C0%7C%7C%7C&sdata=02j%2BjnYuJQIeqY5Tx3UAc67mG1kx8a6J6pJiyluct5E%3D&reserved=0>); and (3) implement a series of Clean Water Act permitting reforms (H.R. 7023 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3%2F__https% 3A%2F%2Fr20.rs6.net%2Ftn.jsp%3Ff% 3D001qH0HBX6wBmVnQQcUU7PXkZs9DToB3Q0aeaDa228PBM0eq7FkNFgiMhQyW- Vm2OeS3Uigu1N_usQNc6x4ieVfaD_OJtFWcVx1GRlVKi2wwj16qN3StF56g4knkkohdHWqPXiZowwFK0 M9S6GNCvDijH1UeVWrRYzo1l3tAx7H5Hgb_kF6IUe1h80ZWugDJe5u4wXHJ- JXncN9h5Xdu9XLz3sDFA0VUFImtVOFNJuNQe3wdDvjmBAIH7V- pyXxXTrO5u2wNIlxjkDbUnBRoT6AqLSHGnFSQI0ZtLiPc0VFf9c%3D%26c% 3DUtUDxFyR_R2vTvrd1yVh55xYNEYeUjE-oiWIxtITfyKYQLWwOv0N1Q%3D%3D%26ch% 3DcXYjMZQTws9In1jOUXLeX-cUe4ijIYTvJdlG9OHHs2wz1ONq7ES2pw%3D%3D__%3B!! OZEuhTV5Po1-xdhMVz0!Bt3YM94-JkCGoBEi2wZ4AhGc4KAQIyNuuH- gvDUPQvtLILnWQDx4OMYpisttuqRcOgQrLNmGH_oV0zMS0qghcrMKdCKw%24&data=05%7C02% 7Clara.delaney%40cao.cccounty.us%7Cb70e50c9b6364e03e0ca08dc48efc891% 7C76c13a07612f4e06a2f4783d69dc4cdb%7C0%7C0%7C638465441928034840%7CUnknown% 7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D% 7C0%7C%7C%7C&sdata=YczqV2fx4heCmxnQmyWXruJ1sTdEcO9SBZuDsmQwxyA%3D&reserved=0>). Meanwhile, the Senate will continue churning through pending judicial nominations. Recommendation(s)/Next Step(s): RECEIVE the report and provide direction and/or input, as needed. Fiscal Impact (if any): CONTRA COSTA COUNTY Printed on 3/21/2024Page 2 of 2 powered by Legistar™30 The TRP Tip Sheet March 21, 2024 — APPROPRIATIONS COMMITTEES UNVEIL FINAL SIX-BILL SPENDING PACKAGE. Early this morning, congressional appropriators unveiled legislative text for the �inal spending package for �iscal year (FY) 2024. The House will vote �irst on this six-bill minibus —which contains the appropriations bills for Labor-HHS-Education, Defense, Financial Services and General Government (FSGG), Homeland Security, State-Foreign Operations, and Legislative Branch — during tomorrow's session. The Senate will look to move quickly on the package ahead of Friday's midnight deadline, but this will require cooperation among all 100 senators to allow for speedy consideration. Absent this "time agreement," a brief weekend shutdown could be possible while the bill works its way to the president's desk. Bill summaries, explanatory statements, and Congressionally Directed Spending projects for each of the six bills are hyperlinked below. Defense Bill Summary Explanatory Statement FSGG Bill Summary Explanatory Statement Congressionally Directed Spending Homeland Security Bill Summary Explanatory Statement Congressionally Directed Spending Labor-HHS-Education Bill Summary Explanatory Statement Congressionally Directed Spending Legislative Branch Bill Summary Explanatory Statement State-Foreign Operations Bill Summary Explanatory Statement WHAT WE'RE TRACKING NEW TODAY... — BIDEN OFFICIALS TESTIFY ON PRESIDENT'S FY 2025 BUDGET REQUEST. With the president's FY 2025 budget request now out, various administration of�icials have begun to testify before Congress to overview and justify the funding requested. TRP's summaries of these budget hearings are linked within the dates below. Attachment A 31 • Health and Human Services (HHS) Secretary Xavier Becerra at the House Ways and Means Committee (3/20) • Secretary Becerra at the Senate Finance Committee (3/14) • Of�ice of Management and Budget (OMB) Director Shalanda Young at the Senate Budget Committee (3/12) — HFSC SUBCOMMITTEE HOLDS HEARING ON SEC AUTHORITIES. On March 20, the House Financial Services (HFSC) Subcommittee on Capital Markets held a hearing to review the Securities and Exchange Commission's (SEC) authority and potential regulatory overreach. Click here to read TRP's hearing summary. — E&C CLEARS PENDING HEALTH CARE BILLS AT MARCH MARKUP. On March 20, the House Energy and Commerce (E&C) held a markup to consider more than two dozen bills, including 17 health-related measures. Click here to view TRP's summary of the health bills that were considered during the E&C markup. RECENT DEVELOPMENTS... — TRP SPECIAL REPORT: DATA PRIVACY LEGISLATION. TRP's newest special report provides an overview and state of play for data privacy legislation in Washington. — SEC FINALIZES CLIMATE DISCLOSURE RULE. The Securities and Exchange Commission (SEC) recently issued a �inal rule requiring publicly traded companies to provide climate-related disclosures in their annual reports and registration statements. Click here to read TRP's analysis of this rulemaking. — HFSC HOLDS FIELD HEARING ON SEC CLIMATE DISCLOSURE RULE. On March 18, the House Financial Services (HFSC) Subcommittee on Oversight an Investigations held a �ield hearing in Lebanon, TN to discuss the implications of the SEC climate disclosure rule. Click here to read TRP's hearing summary. — FEDERAL HEALTH ADVISORY COMMISSIONS RELEASE MARCH 2024 REPORTS TO CONGRESS. The Medicare Payment Advisory Commission (MedPAC) and the Medicaid and CHIP Payment and Access Commission (MACPAC) each issued their March 2024 Reports to Congress. Click to read TRP's analyses of the MedPAC and MACPAC reports. — WHITE HOUSE TO ISSUE EO ON WOMEN'S HEALTH RESEARCH. The Biden administration issued an executive order (EO) that seeks to, among other things, expand and improve federal research efforts on women's health. — BIPARTISAN SENATE WORKING GROUP UNVEILS LEGISLATION ON DUALLY-ELIGIBLE BENEFICIARIES. A bipartisan Senate working group, led by Sens. Bill Cassidy (R-LA), Tom Carper (D-DE), John Cornyn (R-TX), Mark Warner (D-VA), Tim Scott (R-SC), and Bob Menendez (D-NJ), introduced legislation that seeks to improve coverage for individuals jointly enrolled in Medicare and Medicaid. • Of note, the Delivering Uni�ied Access to Lifesaving Services (DUALS) Act of 2024 would: (1) require each state, with support from the Centers for Medicare & Medicaid Services (CMS), to select, develop, and implement a comprehensive, integrated health plan for dually-eligible bene�iciaries; (2) expand Program of All-Inclusive Care for the Elderly (PACE) coverage nationwide by requiring every state to allow PACE programs to be established; (3) allow enrollment in a PACE program Attachment A 32 at any time in the month; and (4) expand PACE coverage to individuals under the age of 55, among other provisions. — BIDEN OUTLINES KEY HEALTH PRIORITIES IN FY 2025 BUDGET. The Biden administration's FY 2025 budget request outlines signi�icant health-related investments in drug research and development, mental health, cybersecurity, and pandemic preparedness and biodefense, among other items. Click here to view TRP's summary of the key health priorities contained in the president's budget request. Attachment A 33 CONTRA COSTA COUNTY Staff Report 1025 ESCOBAR STREET MARTINEZ, CA 94553 File #:24-0912 Agenda Date:3/25/2024 Agenda #:6. LEGISLATION COMMITTEE Meeting Date: March 25, 2024 Subject:County’s FEMA Claims for Public Assistance for COVID-19 response Submitted For: Legislation Committee Department: County Administrator’s Office Referral No: 2024-02 Referral Name: FEMA Claims Presenter: Timothy Ewell, Chief Assistant County Administrator Contact: (925) 655-2043 Referral History: The Legislation Committee began receiving status reports on this subject in 2023. Referral Update: Mr. Tim Ewell will be present at the meeting to provide the Legislation Committee an update on the status of this matter and to discuss the related attachments. Recommendation(s)/Next Step(s): RECEIVE the report and provide direction and/or input to staff and the County’s lobbyists, as needed. Fiscal Impact (if any): There could be a significant fiscal impact on the County depending on the final outcomes of the County’s FEMA claims. CONTRA COSTA COUNTY Printed on 3/21/2024Page 1 of 1 powered by Legistar™34 Contra Costa County FEMA Project Applications Status Report, as of 3/21/24 Project #Submitted Projects Estimated Claim Claimed Obligated Received FEMA Submission Date Obligation Date Months Payment Date Months Today Months Application Status 146165 Great Plates Delivered - 5/1/2020 to 6/10/2020 144,796$ 144,796$ 144,796$ 144,796$ 1/27/2021 3/25/2021 1.9 9/3/2021 5.4 Obligated 166257 Great Plates Delivered - 6/11/2020 to 7/9/2020 276,467 276,467 276,467 276,467 1/28/2021 6/23/2021 4.9 8/25/2021 2.1 Obligated 166323 Great Plated Delivered - 7/10/2020 to 8/9/2020 380,374 380,374 380,374 380,374 1/28/2021 8/25/2021 7.0 11/10/2021 2.6 Obligated 166334 Great Plates Delivered - 8/10/2020 to 9/9/2020 384,174 384,174 384,174 384,174 1/28/2021 5/6/2021 3.3 9/3/2021 4.0 Obligated 166919 Great Plates Delivered - 9/10/2020 to 10/9/2020 417,331 417,331 417,331 417,331 1/28/2021 5/6/2021 3.3 9/3/2021 4.0 Obligated 178653 Great Plates Delivered - 10/10/2020 to 2/6/2021 2,006,732 2,006,732 2,006,732 2,006,732 5/20/2021 7/13/2021 1.8 9/3/2021 1.7 Obligated 243280 Great Plates Delivered - 2/6/2021 to 7/9/2021 2,805,170 2,805,170 2,805,170 2,805,170 9/10/2021 2/25/2022 5.6 3/23/2022 0.9 Obligated 240224 Materials - PPE - 3/07/2020 to 5/20/2022 1,240,517 1,240,517 1,240,517 1,240,517 12/21/2022 2/10/2023 1.7 4/24/2023 2.4 Obligated 240222 Incremental Cleaning Costs - 4/1/2020 to 6/30/2021 10,197,540 10,197,540 10,197,540 10,197,540 7/7/2022 6/26/2023 11.8 8/28/2023 2.1 Obligated 680872 Cleaning Supplies - 3/04/2020 to 6/07/2022 555,062 555,062 555,062 555,062 12/21/2022 10/16/2023 10.0 11/30/2023 1.5 Obligated 680774 Vaccinations - 12/01/2020 to 05/31/2021 637,756 637,756 637,756 637,756 12/30/2022 1/30/2024 13.2 3/19/2024 1.6 Obligated 550487 COVID Testing Costs - 2/27/2020 to 6/3/2021 15,814,082 15,814,082 15,814,082 0 6/29/2022 11/7/2023 16.5 Obligated 720803 Category Z Mgmt Reimbursement - Ernst & Young Costs1 2,000,000 1,711,112 1,711,112 0 9/25/2023 2/5/2024 4.4 Obligated 685744 Incremental Cleaning Costs - 7/1/2021 to 6/30/2022 3,649,683 3,649,683 0 0 12/21/2022 3/21/2024 15.2 Pending PDMG Project Review 719096 Incremental Cleaning Costs - 7/1/2022 to 4/1/2023 (90% of actuals)1,295,515 1,295,515 0 0 7/31/2023 3/21/2024 7.8 Pending PDMG Project Review 156484 Non-Congregate Shelter - 3/19/2020 to 6/30/2020 4,012,966 4,012,966 0 0 7/26/2021 3/21/2024 32.3 Pending FEMA Final Review 186200 Non Congregate Shelter - 7/1/2020 to 1/1/2021 13,886,851 13,886,851 0 0 10/18/2021 3/21/2024 29.5 Pending PDMG Project Review 240223 Non Congregate Shelter - 1/1/2021 to 3/31/2022 14,515,020 14,515,020 0 0 11/3/2022 3/21/2024 16.8 Pending PDMG Project Review 687414 COVID Testing Costs - 7/1/2021 to 6/30/2022 4,914,058 4,914,058 0 0 12/28/2022 3/21/2024 15.0 Pending PDMG Project Review 719093 COVID Testing Costs Mobile Med - 07/01/2022 - 03/31/2023 (90% of actuals)979,848 979,848 0 0 6/5/2023 3/21/2024 9.7 Pending PDMG Project Review 731586 COVID Testing Costs - 7/1/2022 to 05/11/2023 (90% of actuals)686,296 686,296 0 0 10/30/2023 3/21/2024 4.8 Pending Peer Review 698619 County Emergency Operations Center (EOC) - 03/23/2020 to 07/1/2022 1,620,297 1,620,297 0 0 12/30/2022 3/21/2024 14.9 Pending PDMG Project Review 733307 COVID-19 Coordination & Response Efforts - 7/22/2022 - 5/11/2023 50,042 50,042 0 0 10/30/2023 3/21/2024 4.8 Pending Peer Review TOTAL 82,470,577$ 82,181,689$ 36,571,113$ 19,045,919$ as % of Total Estimated Claims 100% 99.6% 44.3% 23.1% Total Projects 23 23 13 10 Notes: 1. Estimated Claim amount reflects total face value of contract with consultant. Claimed amount reflects actual amount claimed to date and will likely increase to Estimated Claim amount over time. 2. Length of time from "FEMA Submission Date" to "Obligation". 3. Length of time from "Obligation Date" to "Payment Date". Payments are made by CalOES to the County. 4. Length of time claim submitted by the County has been under review by FEMA since "FEMA Submission Date". Obligation Metrics2 In Review Metrics4Payment Metrics3 Attachment A 35 February 20, 2024 The Honorable Joseph R. Biden President of the United States The White House 1600 Pennsylvania Ave, NW Washington, DC 20500 Dear President Biden: We write with profound concern regarding FEMA’s new interpretation of and guidelines for emergency non-congregate sheltering (NCS) during the COVID-19 Pandemic. On October 16, 2023, the State of California received a letter from FEMA that outlined this change in guidance. Specifically, this change retroactively eliminated the reimbursement eligibility for emergency NCS stays for high-risk individuals exceeding 20 days between June 11, 2021, and May 11, 2023. Additionally, the guidance now states unoccupied rooms are generally ineligible unless an exception applies for “reasonable pre-positioning of resources or other circumstances made in a case-by-case basis”. This change will have a serious and devastating financial impact on the State of California as well as local governments in the state. According to the Governor’s Office of Emergency Services, this change in policy will cost the state and local governments an estimated $300 million dollars. This is a cost they simply cannot bear. During the COVID-19 Pandemic we asked states and local governments to step up, protect individuals, and stop the spread. The State of California and its local governments answered that call with the reasonable expectation that the federal government would be there to support and reimburse them for those costly yet necessary and lifesaving measures. In addition to the financial burden of this policy change, it is our understanding that not only has FEMA’s application of its own NCS policy varied across states but that this change was not properly subject to FEMA’s own 30-day notice requirement. For these reasons we strongly urge you to rescind this unjust, unfair, and financially devastating policy change. Thank you for your consideration of this request. Sincerely, __________________ Alex Padilla United States Senator __________________ Laphonza Butler United States Senator Attachment B 36 March 11, 2024 The Honorable Deanne Criswell Administrator Federal Emergency Management Agency 500 C Street Southwest Washington, D.C. 20472 Dear Administrator Criswell, Thank you for FEMA’s work to serve the American people before, during, and after disasters. As members of the California Congressional delegation, we write to raise serious concerns regarding FEMA’s proposed 20-day cutoff for reimbursement for emergency Non-Congregate Sheltering during the COVID-19 pandemic. Without resolution, local governments across California stand to lose more than $300 million for previous expenditures which they reasonably believed would be reimbursed by your agency for their efforts to reduce COVID-19 spread. At the start of the pandemic, unhoused people faced an unacceptable risk of exposure and infection in potentially unsafe encampments and congregate shelters. This risk was particularly acute for those over age 65 and for those with underlying medical conditions that made them more susceptible to the negative health effects of COVID-19. It was imperative that action be taken to ensure the most vulnerable members of our community could isolate indoors in the event of infection and to eliminate a major potential source of community spread. Accordingly, the State of California created and implemented Project Roomkey to provide non-congregate shelter options, such as hotels and motels, for high-risk people experiencing homelessness to protect human life and minimize strain on health care system capacity. Over the course of pandemic response, 62,000 high-risk Californians were provided vital shelter. This undoubtedly lowered the likelihood of serious illness and death for an especially vulnerable community. It was a tremendous success and continues to serve as a blueprint for Project Homekey—an enduring version of the program administered by the California Department of Housing and Community Development. This safe shelter was a necessary emergency protective measure and the commitment by the Federal Emergency Management Agency to reimburse cities, counties, and the State of California for the millions of dollars spent on leases, food, and service providers to run these hotels and motels was critical to the State’s ability to protect Californians. And, thanks to early actions from President Biden in January 2021, federal reimbursement rates were raised from 75% to 100% and made retroactive to the start of the incident period. However, an October 16, 2023, letter sent to the California Office of Emergency Services by Regional Administrator Robert Fenton stated that the reimbursements to local governments under California’s COVID-19 Major Disaster Declaration (DR-4482-CA) would be limited to Project Roomkey stays of only 20 days or less from the June 11, 2021 to May 11, 2023 timeframe. This October 2023 policy decision comes long after local governments across our State had already expended significant local resources under Project Roomkey with the full expectation for reimbursement. We note that no previous cap had ever been noticed by FEMA. The indefinite limit on the length of stay was a vital part of the program in many jurisdictions, both for public health and, in some cases, to allow people to transition into other housing or shelter. While not a perfect Attachment C 37 solution for every person, it was a vital tool that prevented the mass outbreak of serious illness and death though some of our state’s most vulnerable communities. Any policy to withhold FEMA reimbursements for Project Roomkey stays which lasted longer than 20 days will collectively cost California cities and counties more than $300 million at a time of incredible fiscal strain for local governments. On top of that, it could also jeopardize reimbursements that have already been received by some jurisdictions. In order for local governments to do their part in future disaster situations, it is imperative that California cities and counties are able to recover pandemic costs without sacrificing essential services and their continued investment in housing and community resources. We are grateful for FEMA’s continued support of these vital efforts, and we respectfully urge you to reconsider any action that would limit the expected reimbursement to local governments for the administration of Project Roomkey. Our residents cannot afford to miss out on federal relief. Thank you for your attention to this critical matter. Sincerely, Robert Garcia Member of Congress Mark Takano Member of Congress Katie Porter Member of Congress Sara Jacobs Member of Congress Adam B. Schiff Member of Congress Nanette Diaz Barragán Member of Congress Page 2 Attachment C 38 Linda T. Sánchez Member of Congress Salud Carbajal Member of Congress Ted W. Lieu Member of Congress Sydney Kamlager-Dove Member of Congress Mike Thompson Member of Congress Raul Ruiz, M.D. Member of Congress Ami Bera, M.D. Member of Congress Grace F. Napolitano Member of Congress Mark DeSaulnier Member of Congress Julia Brownley Member of Congress Page 3 Attachment C 39 Zoe Lofgren Member of Congress Barbara Lee Member of Congress Ro Khanna Member of Congress Josh Harder Member of Congress Jimmy Gomez Member of Congress J. Luis Correa Member of Congress Pete Aguilar Member of Congress Anna G. Eshoo Member of Congress Juan Vargas Member of Congress Norma J. Torres Member of Congress Page 4 Attachment C 40 Jared Huffman Member of Congress Doris Matsui Member of Congress Scott H. Peters Member of Congress Tony Cárdenas Member of Congress Jimmy Panetta Member of Congress John Garamendi Member of Congress Mike Levin Member of Congress Judy Chu Member of Congress Eric Swalwell Member of Congress David G. Valadao Member of Congress Page 5 Attachment C 41 The Honorable Deanne Criswell Administrator Federal Emergency Management Agency 500 C Street Southwest Washington, D.C. 20472 Mr. Robert J. Fenton, Jr. Regional Administrator Federal Emergency Management Agency Region IX U.S. Department of Homeland Security 1111 Broadway, Suite 1100 Oakland, California 94607-4052 Dear Administrators Criswell and Fenton, As a coalition of local government stakeholders, we write to raise serious concerns regarding the Federal Emergency Management Agency’s (FEMA’s) proposed 20-day cutoff for reimbursement for emergency Non-Congregate Sheltering during the COVID-19 pandemic. At the start of the pandemic in March 2020, unhoused people in our communities faced an unacceptable risk of exposure and infection in potentially unsafe encampments and congregate shelters. This risk was particularly acute for those over age 65 and for those with underlying medical conditions that made them more susceptible to the negative health effects of COVID-19. It was imperative that immediate action be taken to ensure the most vulnerable members of our community could isolate indoors in the event of infection and to eliminate a major potential source of community spread. At that time, it was unknown when the public health dangers associated with COVID-19 would begin to subside. Accordingly, the State of California created and implemented Project Roomkey to provide non- congregate shelter options, such as hotels and motels, for high-risk people experiencing homelessness to protect human life and minimize strain on the state’s health care system capacity. Local governments across California relocated thousands of unhoused residents into hotels to protect them from COVID-19, with over 62,000 individuals served during the pandemic. From the outset, the understanding was that FEMA would reimburse local governments for the significant costs associated with Project Roomkey. Attachment D 42 There was no indication that local governments would not be reimbursed until three years later, when FEMA Region 9 sent a letter to the California Office of Emergency Services on October 16, 2023, stating that during the June 11, 2021 to May 11, 2023 timeframe, it was only reimbursing for the costs of stays of 20 days or less. This retroactive policy decision comes long after local governments across our State had already expended significant local resources under Project Roomkey with the full expectation for reimbursement. Unless FEMA reverses this retroactive decision, local governments stand to lose more than $300 million for expenditures which they reasonably believed would be reimbursed. Local governments undertook this successful but costly public health program due to the commitment by FEMA to reimburse cities, counties, and the State of California for the millions of dollars spent on leases, food, and service providers to run these hotels and motels. The flexibility on the length of stay was a vital part of the program in many jurisdictions, both for public health and, in some cases, to allow people to transition into other housing or shelter. While not a perfect solution for every person, it was a critical program that prevented the mass outbreak of serious illness and death through some of our state’s most vulnerable communities. In order for local governments to do their part in future disaster situations, it is imperative that California cities and counties are able to recover pandemic response costs without sacrificing essential services and their continued investment in housing and community resources. We are grateful for FEMA’s continued support of these vital efforts, and we respectfully urge you to reconsider any action that would limit the expected reimbursement to local governments for the administration of Project Roomkey. Thank you for your attention to this critical matter. Sincerely, Jacqueline Wong-Hernandez, Chief Policy Officer Josh Gauger, UCC Legislative Advocate California State Association of California Urban Counties of California Tracy Rhine, Senior Policy Advocate Eileen Cubanski, Interim Executive Director Rural County Representatives of California County Welfare Directors Association Attachment D 43 Joe Saenz, Deputy Director of Policy Kismet Baldwin-Santana MD, MPH, Co-Chair County Health Executives Association of California Association of Bay Area Health Officials Attachment D 44 CONTRA COSTA COUNTY Staff Report 1025 ESCOBAR STREET MARTINEZ, CA 94553 File #:24-0913 Agenda Date:3/25/2024 Agenda #:7. LEGISLATION COMMITTEE Meeting Date: March 25, 2024 Subject:FY 24-25 State Budget and Bills of Interest Submitted For: Legislation Committee Department: County Administrator’s Office Referral No: 2024-03 Referral Name: State Budget and Bills of Interest Presenter: Michelle Rubalcava and Geoff Neill, Nielsen Merksamer Contact: (925) 655-2057 Referral History: The Legislation Committee regularly receives reports on the State Budget and bills of interest to the County and provides direction and/or input to staff and the County’s state lobbyists. Referral Update: See Attachments A and B. Recommendation(s)/Next Step(s): RECEIVE the report and provide direction and/or input to County staff and the County’s state advocates, as needed. Fiscal Impact (if any): There may be significant fiscal impacts to the County from the adoption of the State’s FY 24-25 Budget. CONTRA COSTA COUNTY Printed on 3/21/2024Page 1 of 1 powered by Legistar™45 State of the State Postponed With the outcome of Prop. 1 still uncertain, the Governor postponed the State of the State address, which was planned for Monday, March 18. No rescheduled date has been announced as yet. State Budget Governor Newsom and legislative leaders announced on March 20 that a deal has been struck to cut $12 billion to $18 billion from the state’s projected deficit before final budget negotiations commence later this year. This agreement would reduce the estimated shortfall to between $38 billion and $73 billion. Legislative action on the agreement is anticipated after the Legislature’s spring break, which begins on adjournment on March 21and ends April 1. Election Results Some takeaways from the March 5 Primary: -Proposition 1 is still passing…barely, currently at 50.2% yes. Will this affect the Legislature’s willingness to put bonds on the November ballot? Common wisdom around Sacramento is that they would ask the voters to borrow up to $16 billion for some combination of water and climate resilience, housing, and education. This narrow vote might change that calculus. -The representation of women in the Legislature looks like it will improve, from 50 out of 120 members to 55 (or more) after the November election. -The Legislature continues to change quickly, with either 11 or 12 Senators leaving office this cycle and 24 Assembly Members leaving, including 5 who appear headed to the Senate. Across 2022 and 2024 combined, 50% of the Senate and 45% of the Assembly will have changed over. -If current results hold, 17 out of 100 November legislative races will be between members of the same party, 12 featuring Democrats and 5 featuring Republicans. Bills, Bills, Bills Legislators have until next week to amend spot bills with substantive language, so this week and next amount to another batch of bill introductions. Committee hearings began to ramp up this month and will begin in earnest in April, after the spring break. -AB 2561 (McKinnor) – Requires public agencies vacancy rates over 10% to promptly meet and confer to develop a plan to fill all vacancies within the following six months and then implement that plan. -AB 2700 (Gabriel) – Requires, instead of authorizes, a local EMS to develop an alternate destination facility plan and requires the state to survey and analyze mental health and sobering facilities that can serve as alternate destinations. -SB 1082 (Eggman) – Creates a new type of certified facility—augmented residential care facilities, or ARCFs—for adults with serious mental illness in a homelike community setting and no more than 6 residents. Attachment A 46 - SB 1395 (Becker) – CEQA exemption for emergency shelters; also expands definition of ‘Low Barrier Navigation Center’. - AB 1843 (Rodriguez) – Amended and, in addition to increasing the number of EAP mental health treatments for ambulance employees, would now require ambulance providers to offer employees peer-to-peer services, negotiated separately from collective bargaining. The bill will be heard in Assembly Labor. - AB 2338 (Jones-Sawyer) – Would create a Statewide Homelessness Coordinator and require them to oversee relevant programs and policies, coordinate grant timing, identify a local leader in each city and county to serve as a liaison, and, in collaboration with local leaders, provide annual recommendations to the Legislature and the Governor. The bill will be heard in Assembly Housing on March 20. - AB 2710 (Lackey) – Requires better coordination of law enforcement agencies during active shooter incidents. The bill is awaiting hearing in Assembly Public Safety. - AB 3068 (Haney) – Would deem adaptive reuse projects that meet certain conditions a use by right in all zones and require local agencies to implement streamlined, ministerial reviews for them, and would limit impact fees. Would allow cities and counties to pay adaptive reuse developers the growth in property tax revenue due to the reuse project for 15 years. Every year there are a few topics where we see a concentration of bills. This year, in addition to the expected topics of homelessness, mental and behavioral health, theft, fentanyl, and housing, there are a number of bills on organic waste requirements, drug and alcohol rehab facilities, foster care, animal shelters, and aging Californians. Attachment A 47 UCC Bills of Interest - 2024 Introductions As of 3/11/2024 AB 1783 (Essayli R) Health care: immigration. Current Text: Introduced: 1/3/2024 html pdf Introduced: 1/3/2024 Status: 1/4/2024-From printer. May be heard in committee February 3. Location: 1/3/2024-A. PRINT Summary: Would state the intent of the Legislature to enact legislation to remove all taxpayer funding for health care for illegal immigrants from the California State Budget. AB 1820 (Schiavo D) Housing development projects: applications: fees and exactions. Current Text: Amended: 2/20/2024 html pdf Introduced: 1/11/2024 Last Amend: 2/20/2024 Status: 2/21/2024-Re-referred to Com. on H. & C.D. Location: 1/29/2024-A. H. & C.D. Summary: Current law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require the local agency to provide the estimate within 10 business days of the submission of the preliminary application. AB 2141 (Gipson D) Cash assistance programs: direct deposit. Current Text: Introduced: 2/6/2024 html pdf Introduced: 2/6/2024 Status: 2/20/2024-Referred to Com. on HUM. S. Location: 2/20/2024-A. HUM. S. Calendar: 4/2/2024 1:30 p.m. - State Capitol, Room 444 ASSEMBLY HUMAN SERVICES, LEE, ALEX, Chair Summary: Current law requires counties to annually or periodically redetermine eligibility or benefits under public social service programs. Current law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the department, for the purpose of providing financial and food assistance benefits and requires certain benefit payments, including payments under CalWORKs, that are directly deposited into an account of the recipient’s choice to be deposited into a qualifying account. This bill would include general assistance benefits among the cash assistance benefits that may be delivered by direct deposit. The bill would also require the applications for programs providing cash assistance benefits to include information on the application regarding the applicant’s right to have their funds directly deposited. The bill would also require each county to inform the recipient of that right during their redetermination for eligibility. By increasing county duties, this bill would impose a state-mandated local program. AB 2290 (Friedman D) Transportation: Class III bikeways: bicycle facilities: Bikeway Quick-Build Project Pilot Program. Current Text: Introduced: 2/12/2024 html pdf Introduced: 2/12/2024 Status: 2/26/2024-Referred to Com. on TRANS. Location: 2/26/2024-A. TRANS. Summary: Current law requires the California Transportation Commission to develop guidelines and project selection criteria for the Active Transportation Program, as provided. Current law establishes 4 classifications of bikeways and defines a “Class III bikeway” as a bikeway that provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. This bill would prohibit the allocation of Active Transportation Program funds for a project that creates a Class III bikeway unless the project is on a residential street with a posted speed limit of 20 miles per hour or less. AB 2535 (Bonta D) Trade Corridor Enhancement Program. Current Text: Introduced: 2/13/2024 html pdf Introduced: 2/13/2024 Status: 3/4/2024-Referred to Coms. on TRANS. and NAT. RES. Location: 3/4/2024-A. TRANS. Summary: Current law requires the California Transportation Commission, under a program commonly known as the Trade Corridor Enhancement Program, to allocate, upon appropriation by the Legislature, revenues from a specified portion of the state excise tax on diesel fuel and certain federal funds for infrastructure projects located on or along specified transportation corridors. Under existing Page 1/5 11 Attachment B 48 law, eligible projects under the program include, among others, highway improvements to more efficiently accommodate the movement of freight and environmental and community mitigation or efforts to reduce environmental impacts of freight movement. This bill would prohibit the commission from allocating funding under the program to a project that adds a general purpose lane to a highway or expands highway capacity in a community that meets certain criteria relating to pollution impacts. AB 2587 (Aguiar-Curry D) Sexual assault: statute of limitations. Current Text: Introduced: 2/14/2024 html pdf Introduced: 2/14/2024 Status: 3/4/2024-Referred to Com. on JUD. Location: 3/4/2024-A. JUD. Summary: Current law revives claims seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff’s 18th birthday when one or more entities are legally responsible for damages and the entity or their agents engaged in a cover up, as defined, that would otherwise be barred prior to January 1, 2023, solely because the applicable statute of limitations has or had expired. Current law authorizes a cause of action for any such claim to proceed if already pending in court on January 1, 2023 or, if not filed by that date, to be commenced between January 1, 2023 and December 31, 2023. This bill would recast those provisions by reviving different claims seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff’s 18th birthday that would otherwise be barred before January 1, 2025, solely because the applicable statute of limitations has or had expired. The bill would eliminate the requirement that the revived claims allege that one or more entities are legally responsible for damages and that the entity or their agents engaged in a cover up. AB 2692 (Papan D) Criminal procedure: competence to stand trial. Current Text: Introduced: 2/14/2024 html pdf Introduced: 2/14/2024 Status: 3/4/2024-Referred to Com. on PUB. S. Location: 3/4/2024-A. PUB. S. Summary: Current law establishes the process by which, if the mental competency of a defendant is in doubt, the defendant’s mental competency is evaluated and the defendant receives treatment with the goal of returning the defendant to competency. Current law prescribes a program of pretrial diversion for defendants with a diagnosed mental disorder whose disorder was a significant factor in the commission of their offense. Under existing law, persons charged with certain offenses, including murder, rape, sexual abuse of a child, and possession of a weapon of mass destruction, are ineligible for diversion. This bill would specify that the diversion period for an incompetent defendant commences when the defendant is admitted to receive treatment, as specified. AB 2693 (Wicks D) Childhood sexual assault: statute of limitations. Current Text: Introduced: 2/14/2024 html pdf Introduced: 2/14/2024 Status: 3/4/2024-Referred to Com. on JUD. Location: 3/4/2024-A. JUD. Summary: Current law provides that there is no statute of limitations for actions for recovery of damages suffered as a result of childhood sexual assault, as defined, that occurred on or after January 1, 2024. For actions for recovery of damages suffered as a result of childhood sexual assault that occurred on or before December 31, 2023, current law provides that the time of commencement of the action shall be later of within 22 years of the date the plaintiff attains the date of majority, or within 5 years of the date the plaintiff discovers that psychological injury or illness occurring after the age of majority was caused by the sexual assault. Current law also generally limits the liability of a public entity for injuries to or proximately caused by prisoners or patients of mental institutions. This bill would, notwithstanding any other law, revive claims for damages suffered as a result of childhood sexual assault by an employee of a juvenile probation camp or detention facility owned and operated by a county, that would otherwise be barred as of January 1, 2025, by the applicable statute of limitations, claim presentation deadline, or other time limit, as specified. The bill would provide that the limitations on liability described above do not apply to these claims. AB 2729 (Patterson, Joe R) Residential fees and charges. Current Text: Introduced: 2/15/2024 html pdf Introduced: 2/15/2024 Status: 3/4/2024-Referred to Coms. on L. GOV. and H. & C.D. Location: 3/4/2024-A. L. GOV. Summary: Current law prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, except that the payment may be required sooner if the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a Page 2/5 12 Attachment B 49 proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy, or if the fees or charges are to reimburse the local agency for expenditures previously made. This bill would delete the above-described authorization for a local agency to require payment of fees or charges prior to the date of final inspection or issuance of the certificate of occupancy, whichever occurs first. AB 2819 (Bains D) In-home supportive services: collective bargaining penalty. Current Text: Introduced: 2/15/2024 html pdf Introduced: 2/15/2024 Status: 3/4/2024-Referred to Coms. on HUM. S. and P.E. & R. Location: 3/4/2024-A. HUM. S. Summary: Current law requires a specified mediation process, including a factfinding panel recommending settlement terms, to be held if a public authority or nonprofit consortium and the employee organization fail to reach agreement on a bargaining contract with In-Home Supportive Services (IHSS) workers. Current law subjects a county to a withholding of 1991 Realignment funds if, among other things, the county does not reach an agreement with the employee organization within 90 days after the release of the factfinding panel’s recommended settlement terms. Current law specifies that the amount of the 1991 Realignment funding withholding would be 10% of the county’s prior fiscal year IHSS Maintenance of Effort requirement and would require that the withholding continue once each fiscal year, until the county enters into a collective bargaining agreement. This bill would change the amount of the 1991 Realignment funding withholding to an unspecified percentage. AB 2882 (McCarty D) California Community Corrections Performance Incentives. Current Text: Introduced: 2/15/2024 html pdf Introduced: 2/15/2024 Status: 3/4/2024-Referred to Com. on PUB. S. Location: 3/4/2024-A. PUB. S. Summary: Current law authorizes each county to establish a Community Corrections Performance Incentives Fund to receive moneys for the implementation of a community corrections program to provide supervision and rehabilitative services for adult felony offenders subject to local supervision. Current law requires the program to be developed and implemented by probation and advised by a local Community Corrections Partnership. Current law requires the partnership to be comprised of specified members, including, among others, a representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense. This bill would add a representative of a community-based organization with experience in successfully providing behavioral health treatment services to persons who have been convicted of a criminal offense, and a representative of a Medi-Cal managed care plan that provides the Enhanced Care Management benefit, to the membership of the partnership. AB 2911 (McKinnor D) Campaign contributions: agency officers. Current Text: Introduced: 2/15/2024 html pdf Introduced: 2/15/2024 Status: 2/16/2024-From printer. May be heard in committee March 17. Location: 2/15/2024-A. PRINT Summary: The Political Reform Act of 1974 prohibits an officer of an agency from accepting, soliciting, or directing a contribution of more than $250 from any party, participant, or a party or participant’s agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 12 months following the date a final decision is rendered in the proceeding, if the officer knows or has reason to know that the participant has a financial interest, as defined. This bill would make a nonsubstantive change to the above provision. SB 937 (Wiener D) Development projects: permits and other entitlements: fees and charges. Current Text: Introduced: 1/17/2024 html pdf Introduced: 1/17/2024 Status: 2/21/2024-Referred to Coms. on L. GOV. and HOUSING. Location: 2/21/2024-S. L. GOV. Summary: The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for its physical development, and the development of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. The Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Current law extended by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that would expire before December 31, 2021, except as specified. Current law provides that if the state or a local agency extended the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months, as specified, that housing entitlement would not be extended an additional 18 months pursuant to these provisions. This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was Page 3/5 13 Attachment B 50 issued before January 1, 2024, and that will expire before December 31, 2025, except as specified. The bill would toll this 18-month extension during any time that the housing entitlement is the subject of a legal challenge. SB 1011 (Jones R) Encampments: penalties. Current Text: Introduced: 2/5/2024 html pdf Introduced: 2/5/2024 Status: 2/23/2024-Set for hearing April 16. Location: 2/14/2024-S. PUB. S. Calendar: 4/16/2024 8:30 a.m. - 1021 O Street, Room 2200 SENATE PUBLIC SAFETY, WAHAB, AISHA, Chair Summary: Under current law, a nuisance is anything that is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Current law also provides that a nuisance is anything that obstructs the free passage or use of any public park, square, street, or highway, among other things. Under current law, a public nuisance is a nuisance that affects the entire community, neighborhood, or a considerable number of persons. Current law provides various remedies against a public nuisance, including abatement by any public body or officer authorized by law. This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon a street or sidewalk if a homeless shelter, as defined, is available to the person. The bill would also prohibit sitting, lying, sleeping, or storing, using, maintaining, or placing personal property within 500 feet of a public or private school, open space, or major transit stop, as specified. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as specified. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill’s provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as specified. SB 1210 (Skinner D) New housing construction: electrical, gas, sewer, and water service connections: charges. Current Text: Introduced: 2/15/2024 html pdf Introduced: 2/15/2024 Status: 2/29/2024-Referred to Coms. on E., U. & C. and L. GOV. Location: 2/29/2024-S. E. U., & C. Summary: Current law defines the term “public utility” for certain purposes to include, among other corporations, every gas corporation, electrical corporation, water corporation, and sewer system corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof. This bill would, for new housing construction, prohibit a connection, capacity, or other point of connection charge from a public utility, as defined, or a special district, as defined, for electrical, gas, sewer, or water service from exceeding 1% of the reported building permit value of that housing unit. The bill would require a public utility or special district to issue an above-described charge over a period of at least 10 years commencing on the date when the housing unit is first occupied, as specified. The bill would require a public utility to publicly report on its internet website the amount of any charge issued each year pursuant the above-described provision by the housing unit’s address. SB 1395 (Becker D) Shelter crisis: Low Barrier Navigation Center: use by right: building standards. Current Text: Introduced: 2/16/2024 html pdf Introduced: 2/16/2024 Status: 3/6/2024-Set for hearing March 19. Location: 2/29/2024-S. HOUSING Calendar: 3/19/2024 1:30 p.m. - 1021 O Street, Room 2100 SENATE HOUSING, SKINNER, NANCY, Chair Summary: Current law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis and allows a city, county, or city and county, in lieu of compliance, to adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein. Current law, among other things, exempts from the California Environmental Quality Act specified actions by a state agency or a city, county, or city and county to lease, convey, or encumber land owned by a city, county, or city and county, or to facilitate the lease, conveyance, or encumbrance of land owned by the local government for, or to provide financial assistance to, a homeless shelter constructed or allowed by these provisions. Current law repeals these provisions on January 1, 2026. This bill would expand the exemption from the California Environmental Quality Act described above to include action taken by a state agency or a city, county, or city and county, to approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed pursuant to, or authorized by, these provisions. Page 4/5 14 Attachment B 51 CONTRA COSTA COUNTY Staff Report 1025 ESCOBAR STREET MARTINEZ, CA 94553 File #:24-0914 Agenda Date:3/25/2024 Agenda #:8. LEGISLATION COMMITTEE Meeting Date: March 25, 2024 Subject:AB 2882 (McCarty) California Community Corrections Performance Submitted For: Chief Probation Officer Department: Probation Referral No: Referral Name: AB 2882 (McCarty) Presenter: Esa Ehmen-Krause Contact: L. DeLaney, 925-655-2057 Referral History: AB 2882 (McCarty) was introduced on February 15, 2024. Chief Probation Officer Esa Ehmen-Krause has requested that the County oppose the bill. The Board’s adopted 2023-24 State Legislative Platform does not contain any related policy direction. Referral Update: AB 2882 (McCarty) California Community Corrections Performance Incentives. Status 3/4/2024 - Referred to Com. on PUB. S. Summary Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund to receive moneys for the implementation of a community corrections program to provide supervision and rehabilitative services for adult felony offenders subject to local supervision. Existing law requires the program to be developed and implemented by probation and advised by a local Community Corrections Partnership. Existing law requires the partnership to be comprised of specified members, including, among others, a representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense. This bill would add a representative of a community-based organization with experience in successfully providing behavioral health treatment services to persons who have been convicted of a criminal offense, and a representative of a Medi-Cal managed care plan that provides the Enhanced Care Management benefit, to the membership of the partnership. Existing law requires each county local Community Corrections Partnership to recommend a local plan to the county board of supervisors and requires the board to accept or reject the plan. Existing law requires the plan to be voted on by an executive committee of each county’s partnership consisting of, among others, one department representative from the head of the county department of social services, the head of the county department of mental health, or the head of the county alcohol and substance abuse programs.This bill would instead require the committee to consist of all 3 of the departments mentioned above and would require the department head to have the number of votes equivalent to the number of departments they represent. The bill would require the plan to, among other things, include quantifiable goals for improving the community corrections system, as specified. The bill would require the local partnership to submit the accepted plan annually to the Board of State and Community Corrections. This bill would require each county to submit CONTRA COSTA COUNTY Printed on 3/21/2024Page 1 of 2 powered by Legistar™52 File #:24-0914 Agenda Date:3/25/2024 Agenda #:8. Summary Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund to receive moneys for the implementation of a community corrections program to provide supervision and rehabilitative services for adult felony offenders subject to local supervision. Existing law requires the program to be developed and implemented by probation and advised by a local Community Corrections Partnership. Existing law requires the partnership to be comprised of specified members, including, among others, a representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense. This bill would add a representative of a community-based organization with experience in successfully providing behavioral health treatment services to persons who have been convicted of a criminal offense, and a representative of a Medi-Cal managed care plan that provides the Enhanced Care Management benefit, to the membership of the partnership. Existing law requires each county local Community Corrections Partnership to recommend a local plan to the county board of supervisors and requires the board to accept or reject the plan. Existing law requires the plan to be voted on by an executive committee of each county’s partnership consisting of, among others, one department representative from the head of the county department of social services, the head of the county department of mental health, or the head of the county alcohol and substance abuse programs.This bill would instead require the committee to consist of all 3 of the departments mentioned above and would require the department head to have the number of votes equivalent to the number of departments they represent. The bill would require the plan to, among other things, include quantifiable goals for improving the community corrections system, as specified. The bill would require the local partnership to submit the accepted plan annually to the Board of State and Community Corrections. This bill would require each county to submit the County Community Corrections Outcomes, Accountability, and Transparency report annually to the Board of State and Community Corrections that includes, among other things, the number of people who have a serious mental illness or substance use disorder who are connected to community-based treatment and support upon release from jail or completion of community supervision. The bill would require each county’s board of supervisors to verify that the report is complete and accurate before it is submitted to the board. Because this bill would expand the duties for certain local officials, it would impose a state-mandated local program. The text of the bill is included in Attachment A. At this time, CSAC has a “pending” position on the bill. Recommendation(s)/Next Step(s): CONSIDER recommending a position of “Oppose” on AB 2882 (McCarty) to the Board of Supervisors on their April 9, 2024 consent agenda. Fiscal Impact (if any): CONTRA COSTA COUNTY Printed on 3/21/2024Page 2 of 2 powered by Legistar™53 california legislature—2023–24 regular session ASSEMBLY BILL No. 2882 Introduced by Assembly Member McCarty February 15, 2024 An act to amend Sections 1230, 1230.1, and 6027 of, and to add Section 1230.2 to, the Penal Code, relating to criminal procedure. legislative counsel’s digest AB 2882, as introduced, McCarty. California Community Corrections Performance Incentives. Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund to receive moneys for the implementation of a community corrections program to provide supervision and rehabilitative services for adult felony offenders subject to local supervision. Existing law requires the program to be developed and implemented by probation and advised by a local Community Corrections Partnership. Existing law requires the partnership to be comprised of specified members, including, among others, a representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense. This bill would add a representative of a community-based organization with experience in successfully providing behavioral health treatment services to persons who have been convicted of a criminal offense, and a representative of a Medi-Cal managed care plan that provides the Enhanced Care Management benefit, to the membership of the partnership. Existing law requires each county local Community Corrections Partnership to recommend a local plan to the county board of Corrected 2-22-24—See last page.99 Attachment A 54 supervisors, and requires the board to accept or reject the plan. Existing law requires the plan to be voted on by an executive committee of each county’s partnership consisting of, among others, one department representative from the head of the county department of social services, the head of the county department of mental health, or the head of the county alcohol and substance abuse programs. This bill would instead require the committee to consist of all 3 of the departments mentioned above and would require the department head to have the number of votes equivalent to the number of departments they represent. The bill would require the plan to, among other things, include quantifiable goals for improving the community corrections system, as specified. The bill would require the local partnership to submit the accepted plan annually to the Board of State and Community Corrections. This bill would require each county to submit the County Community Corrections Outcomes, Accountability, and Transparency report annually to the Board of State and Community Corrections that includes, among other things, the number of people who have a serious mental illness or substance use disorder who are connected to community-based treatment and support upon release from jail or completion of community supervision. The bill would require each county’s board of supervisors to verify that the report is complete and accurate before it is submitted to the board. Because this bill would expand the duties for certain local officials, it would impose a state-mandated local program. Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. Existing law requires the board to collect and analyze available data regarding the implementation of the local plans and other outcome-based measures. This bill would require the board to create the Community Corrections Outcomes, Accountability, and Transparency dashboard that displays the county’s goals mentioned above and the spending and outcomes data reported in the County Community Corrections Outcomes, Accountability, and Transparency report. The bill would require the dashboard to be accessible through the board’s internet website. 99 — 2 — AB 2882 Attachment A 55 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 1230 of the Penal Code is amended to line 2 read: line 3 1230. (a) Each county is hereby authorized to establish in each line 4 county treasury a Community Corrections Performance Incentives line 5 Fund (CCPIF), to receive all amounts allocated to that county for line 6 purposes of implementing this chapter. line 7 (b) Notwithstanding any other law, in any fiscal year for which line 8 a county receives moneys to be expended for the implementation line 9 of this chapter, the moneys, including any interest, shall be made line 10 available to the CPO of that county, within 30 days of the deposit line 11 of those moneys into the fund, for the implementation of the line 12 community corrections program authorized by this chapter. line 13 (1) line 14 (c) (1) The community corrections program shall be developed line 15 and implemented by probation and advised by a local Community line 16 Corrections Partnership. line 17 (2) The local Community Corrections Partnership shall be line 18 chaired by the CPO and comprised of the following membership: line 19 (A) The presiding judge of the superior court, or his or her their line 20 designee. line 21 (B) A county supervisor or the chief administrative officer for line 22 the county or a designee of the board of supervisors. line 23 (C) The district attorney. line 24 (D) The public defender. line 25 (E) The sheriff. line 26 (F) A chief of police. line 27 (G) The head of the county department of social services. line 28 (H) The head of the county department of mental health. 99 AB 2882 — 3 — Attachment A 56 line 1 (I) The head of the county department of employment. line 2 (J) The head of the county alcohol and substance abuse line 3 programs. line 4 (K) The head of the county office of education. line 5 (L) A representative from a community-based organization with line 6 experience in successfully providing rehabilitative services to line 7 persons who have been convicted of a criminal offense. line 8 (M) An individual who represents the interests of victims. line 9 (N) A representative of a community-based organization with line 10 experience in successfully providing behavioral health treatment line 11 services to persons who have been convicted of a criminal offense. line 12 (O) A representative of a Medi-Cal managed care plan, as line 13 defined in subdivision (j) of Section 14184.101 of the Welfare and line 14 Institutions Code, which provides the Enhanced Care Management line 15 benefit. line 16 (3) line 17 (d) Funds allocated to probation pursuant to this act shall be line 18 used to provide supervision and rehabilitative services for adult line 19 felony offenders subject to local supervision, and shall be spent line 20 on evidence-based community corrections practices and programs, line 21 as defined in subdivision (d) of Section 1229, which may include, line 22 but are not limited to, the following: line 23 (A) line 24 (1) Implementing and expanding evidence-based risk and needs line 25 assessments. line 26 (B) line 27 (2) Implementing and expanding intermediate sanctions that line 28 include, but are not limited to, electronic monitoring, mandatory line 29 community service, home detention, day reporting, restorative line 30 justice programs, work furlough programs, and incarceration in line 31 county jail for up to 90 days. line 32 (C) line 33 (3) Providing more intensive local supervision. line 34 (D) line 35 (4) Expanding the availability of evidence-based rehabilitation line 36 programs including, but not limited to, drug and alcohol treatment, line 37 mental health treatment, anger management, cognitive behavior line 38 programs, and job training and employment services. line 39 (E) 99 — 4 — AB 2882 Attachment A 57 line 1 (5) Evaluating the effectiveness of rehabilitation and supervision line 2 programs and ensuring program fidelity. line 3 (4) line 4 (e) Notwithstanding any other law, the CPO shall have discretion line 5 to spend funds on any of the above practices and programs line 6 consistent with this act but, at a minimum, shall devote at least 5 line 7 percent of all funding received to evaluate the effectiveness of line 8 those programs and practices implemented with the funds provided line 9 pursuant to this chapter. A CPO may petition the Judicial Council line 10 to have this restriction waived, and the Judicial Council shall have line 11 the authority to grant such a petition, if the CPO can demonstrate line 12 that the department is already devoting sufficient funds to the line 13 evaluation of these programs and practices. line 14 (5) line 15 (f) Each probation department receiving funds under this chapter line 16 shall maintain a complete and accurate accounting of all funds line 17 received pursuant to this chapter. line 18 SEC. 2. Section 1230.1 of the Penal Code is amended to read: line 19 1230.1. (a) Each county local Community Corrections line 20 Partnership established pursuant to subdivision (b) of Section 1230 line 21 shall recommend a local plan to the county board of supervisors line 22 for the implementation of the 2011 public safety realignment. line 23 (b) The plan shall be voted on by an executive committee of line 24 each county’s Community Corrections Partnership consisting of line 25 the chief probation officer of the county as chair, a chief of police, line 26 the sheriff, the District Attorney, the Public Defender, the presiding line 27 judge of the superior court, or his or her designee, and one line 28 department representative listed in either subparagraph (G), (H), line 29 or (J) of paragraph (2) of subdivision (b) of Section 1230, as line 30 designated by the county board of supervisors for purposes related line 31 to the development and presentation of the plan. their designee, line 32 the head of the county department of social services, the head of line 33 the county department of mental health, and the head of the county line 34 alcohol and substance abuse programs. In counties where one or line 35 more of the departments for social services, mental health, or line 36 alcohol and substance abuse programs are consolidated, the line 37 department head shall have the number of votes equivalent to the line 38 number of departments they represent. line 39 (c) (1) The plan shall be deemed accepted by the county board line 40 of supervisors unless the board rejects the plan by a vote of 99 AB 2882 — 5 — Attachment A 58 line 1 four-fifths of the board, in which case the plan goes back to the line 2 Community Corrections Partnership for further consideration. line 3 (2) (A) The local Community Corrections Partnership shall line 4 submit the accepted plan annually to the Board of State and line 5 Community Corrections. line 6 (B) Each county’s board of supervisors shall attest that the plan line 7 has been accepted and is accurate before it is submitted to the line 8 board. line 9 (d) Consistent with local needs and resources, the plan may line 10 shall include recommendations to maximize the effective line 11 investment of criminal justice resources in evidence-based line 12 correctional sanctions and programs, including, but not limited to, line 13 day reporting centers, drug courts, residential multiservice centers, line 14 mental behavioral health treatment programs, electronic and GPS line 15 monitoring programs, victim restitution programs, counseling line 16 programs, community service programs, educational programs, line 17 and work training programs. programs, and housing services. line 18 (e) The plan shall include an analysis and recommendations of line 19 how criminal justice resources may be spent as matching funds line 20 for other sources, including, but not limited to, Medi-Cal federal line 21 financial participation. line 22 (f) (1) The plan shall include quantifiable goals for improving line 23 the community corrections system, including, but not limited to, line 24 all of the following: line 25 (A) Reducing the daily jail population. line 26 (B) Reducing jail bookings. line 27 (C) Reducing the average length of jail stay. line 28 (D) Increasing postrelease connections to community-based line 29 behavioral health services for persons with a serious mental illness line 30 or substance use disorder. line 31 (E) Reducing rates of recidivism. line 32 (2) County goals shall include specific targets for reducing line 33 disparities for populations disproportionately represented in the line 34 community corrections system, including, but not limited to, line 35 individuals with a serious mental illness or substance use disorder, line 36 Black, Indigenous, people of color, and LGBTQ+ people. line 37 SEC. 3. Section 1230.2 is added to the Penal Code, to read: line 38 1230.2. (a) (1) Each county shall submit the County line 39 Community Corrections Outcomes, Accountability, and 99 — 6 — AB 2882 Attachment A 59 line 1 Transparency report annually to the Board of State and Community line 2 Corrections (BSCC). line 3 (2) The report shall be submitted in a form, manner, and in line 4 accordance with timelines prescribed by the BSCC. line 5 (b) The report shall include all of the following data and line 6 information: line 7 (1) The county’s annual allocation of state and federal public line 8 safety funds, including for behavioral health care, by category. line 9 (2) The county’s annual expenditure of state and federal public line 10 safety funds, including for behavioral health care, by category. line 11 (3) The amounts of annual and cumulative unspent state and line 12 federal public safety funds, including funds in a reserve account, line 13 by category. line 14 (4) The county’s annual expenditure of county general funds line 15 and other funds, by category, on public safety, including for line 16 behavioral health care. line 17 (5) All administrative costs associated with community line 18 corrections, by category. line 19 (6) All contracted services, including behavioral health services, line 20 and the cost of those contracted services, by category. line 21 (7) The number of behavioral health calls for services received line 22 by 911 dispatch. line 23 (8) The number of jail bookings, including the number of people line 24 who screened positive for a serious mental illness or substance use line 25 disorder according to a validated behavioral health screening line 26 conducted when booked into jail, and the number of people who line 27 were confirmed as having serious mental illness or substance use line 28 disorder through a clinical assessment at the jail or as a result of line 29 data matching with state or local behavioral health systems. line 30 (9) Length of jail stay. line 31 (10) The number of people who have a serious mental illness line 32 or substance use disorder who are connected to community-based line 33 treatment and support upon release from jail or completion of line 34 community supervision, by release type. line 35 (11) The number of people enrolled in Medi-Cal prior to release line 36 from jail or completion of community supervision, by release type. line 37 (12) The number of people who have a serious mental illness line 38 or substance use disorder on community supervision, by release line 39 type. 99 AB 2882 — 7 — Attachment A 60 line 1 (13) The number of persons who are convicted of a new felony line 2 or misdemeanor committed within three years of release from line 3 custody or committed within three years of placement on line 4 supervision for a previous criminal conviction. line 5 (c) Each county’s board of supervisors shall verify that the report line 6 is complete and accurate before it is submitted to the BSCC. line 7 SEC. 4. Section 6027 of the Penal Code is amended to read: line 8 6027. (a) It shall be the duty of the Board of State and line 9 Community Corrections to collect and maintain available line 10 information and data about state and community correctional line 11 policies, practices, capacities, and needs, including, but not limited line 12 to, prevention, intervention, suppression, supervision, and line 13 incapacitation, as they relate to both adult corrections, juvenile line 14 justice, and gang problems. The board shall seek to collect and line 15 make publicly available up-to-date data and information reflecting line 16 the impact of state and community correctional, juvenile justice, line 17 and gang-related policies and practices enacted in the state, as well line 18 as information and data concerning promising and evidence-based line 19 practices from other jurisdictions. line 20 (b) Consistent with subdivision (c) of Section 6024, the board line 21 shall also: line 22 (1) Develop recommendations for the improvement of criminal line 23 justice and delinquency and gang prevention activity throughout line 24 the state. line 25 (2) Identify, promote, and provide technical assistance relating line 26 to evidence-based programs, practices, and promising and line 27 innovative projects consistent with the mission of the board. line 28 (3) Develop definitions of key terms, including, but not limited line 29 to, “recidivism,” “average daily population,” “treatment program line 30 completion rates,” and any other terms deemed relevant in order line 31 to facilitate consistency in local data collection, evaluation, and line 32 implementation of evidence-based practices, promising line 33 evidence-based practices, and evidence-based programs. In line 34 developing these definitions, the board shall consult with the line 35 following stakeholders and experts: line 36 (A) A county supervisor or county administrative officer, line 37 selected after conferring with the California State Association of line 38 Counties. line 39 (B) A county sheriff, selected after conferring with the California line 40 State Sheriffs’ Association. 99 — 8 — AB 2882 Attachment A 61 line 1 (C) A chief probation officer, selected after conferring with the line 2 Chief Probation Officers of California. line 3 (D) A district attorney, selected after conferring with the line 4 California District Attorneys Association. line 5 (E) A public defender, selected after conferring with the line 6 California Public Defenders Association. line 7 (F) The Secretary of the Department of Corrections and line 8 Rehabilitation. line 9 (G) A representative from the Administrative Office of the line 10 Courts. Judicial Council. line 11 (H) A representative from a nonpartisan, nonprofit policy line 12 institute with experience and involvement in research and data line 13 relating to California’s criminal justice system. line 14 (I) A representative from a nonprofit agency providing line 15 comprehensive reentry services. line 16 (4) Receive and disburse federal funds, and perform all line 17 necessary and appropriate services in the performance of its duties line 18 as established by federal acts. line 19 (5) Develop comprehensive, unified, and orderly procedures to line 20 ensure that applications for grants are processed fairly, efficiently, line 21 and in a manner consistent with the mission of the board. line 22 (6) Identify delinquency and gang intervention and prevention line 23 grants that have the same or similar program purpose, are allocated line 24 to the same entities, serve the same target populations, and have line 25 the same desired outcomes for the purpose of consolidating grant line 26 funds and programs and moving toward a unified single line 27 delinquency intervention and prevention grant application process line 28 in adherence with all applicable federal guidelines and mandates. line 29 (7) Cooperate with and render technical assistance to the line 30 Legislature, state agencies, units of general local government, line 31 combinations of those units, or other public or private agencies, line 32 organizations, or institutions in matters relating to criminal justice line 33 and delinquency prevention. line 34 (8) Develop incentives for units of local government to develop line 35 comprehensive regional partnerships whereby adjacent jurisdictions line 36 pool grant funds in order to deliver services, such as job training line 37 and employment opportunities, to a broader target population, line 38 including at-promise youth, and maximize the impact of state funds line 39 at the local level. 99 AB 2882 — 9 — Attachment A 62 line 1 (9) Conduct evaluation studies of the programs and activities line 2 assisted by the federal acts. line 3 (10) Identify and evaluate state, local, and federal gang and line 4 youth violence suppression, intervention, and prevention programs line 5 and strategies, along with funding for those efforts. The board shall line 6 assess and make recommendations for the coordination of the line 7 state’s programs, strategies, and funding that address gang and line 8 youth violence in a manner that maximizes the effectiveness and line 9 coordination of those programs, strategies, and resources. By line 10 January 1, 2014, the board shall develop funding allocation policies line 11 to ensure that within three years no less than 70 percent of funding line 12 for gang and youth violence suppression, intervention, and line 13 prevention programs and strategies is used in programs that utilize line 14 promising and proven evidence-based principles and practices. line 15 The board shall communicate with local agencies and programs line 16 in an effort to promote the best evidence-based principles and line 17 practices for addressing gang and youth violence through line 18 suppression, intervention, and prevention. line 19 (11) line 20 (c) The board shall collect from each county the plan submitted line 21 pursuant to Section 1230.1 within two months of adoption by the line 22 county boards of supervisors. Commencing January 1, 2013, and line 23 annually thereafter, the board shall collect and analyze available line 24 data regarding the implementation of the local plans and other line 25 outcome-based measures, as defined by the board in consultation line 26 with the Administrative Office of the Courts, Judicial Council the line 27 Chief Probation Officers of California, and the California State line 28 Sheriffs’ Association. By July 1, 2013, and annually thereafter, line 29 the board shall provide to the Governor and the Legislature a report line 30 on the implementation of the plans described above. line 31 (12) line 32 (d) Commencing on and after July 1, 2012, the board, in line 33 consultation with the Administrative Office of the Courts, Judicial line 34 Council, the California State Association of Counties, the line 35 California State Sheriffs’ Association, and the Chief Probation line 36 Officers of California, shall support the development and line 37 implementation of first phase baseline and ongoing data collection line 38 instruments to reflect the local impact of Chapter 15 of the Statutes line 39 of 2011, specifically related to dispositions for felony offenders line 40 and postrelease community supervision. The board shall make any 99 — 10 — AB 2882 Attachment A 63 line 1 data collected pursuant to this paragraph available on the board’s line 2 internet website. It is the intent of the Legislature that the board line 3 promote collaboration and the reduction of duplication of data line 4 collection and reporting efforts where possible. line 5 (e) (1) The board shall create the Community Corrections line 6 Outcomes, Accountability, and Transparency dashboard that shall line 7 be accessible through the board’s internet website. The dashboard line 8 shall display information including, but not limited to, both of the line 9 following: line 10 (A) Each county’s plans pursuant to subdivision (f) of Section line 11 1230.1. line 12 (B) The spending and outcomes data reported pursuant to line 13 Section 1230.2. Outcomes shall be displayed so that changes in line 14 rates can be compared year over year and between counties. line 15 (2) The board shall ensure definitions, form, and manner of the line 16 data and information submitted pursuant to Sections 1230.1 and line 17 1230.2 are consistent so that spending and outcomes data can be line 18 compared across counties. line 19 (c) line 20 (f) The board may do either of the following: line 21 (1) Collect, evaluate, publish, and disseminate statistics and line 22 other information on the condition and progress of criminal justice line 23 in the state. line 24 (2) Perform other functions and duties as required by federal line 25 acts, rules, regulations, or guidelines in acting as the administrative line 26 office of the state planning agency for distribution of federal grants. line 27 (d) Nothing in this line 28 (g) This chapter shall not be construed to include, in the line 29 provisions set forth in this section, funds already designated to the line 30 Local Revenue Fund 2011 pursuant to Section 30025 of the line 31 Government Code. line 32 SEC. 5. If the Commission on State Mandates determines that line 33 this act contains costs mandated by the state, reimbursement to line 34 local agencies and school districts for those costs shall be made line 35 pursuant to Part 7 (commencing with Section 17500) of Division line 36 4 of Title 2 of the Government Code. 99 AB 2882 — 11 — Attachment A 64 line 1 line 2 CORRECTIONS: line 3 Text—Pages 6, 7, and 8. line 4 O 99 — 12 — AB 2882 Attachment A 65 CONTRA COSTA COUNTY Staff Report 1025 ESCOBAR STREET MARTINEZ, CA 94553 File #:24-0915 Agenda Date:3/25/2024 Agenda #:9. LEGISLATION COMMITTEE Meeting Date: March 25, 2024 Subject:SB 964 (Seyarto) Property Tax: Tax-Defaulted Property Sales Submitted For: Dan Mierzwa, County Treasurer-Tax Collector Department: Treasurer-Tax Collector Referral No: Referral Name: SB 964 Presenter: Dan Mierzwa Contact: L. DeLaney, 925-655-2057 Referral History: SB 964 (Seyarto) was brought forward for legislative advocacy by the County’s Treasurer-Tax Collector, Dan Mierzwa, with a recommendation to “Oppose Unless Amended.” There is no existing tax-defaulted property related policy in the Board’s adopted 2023-24 State Legislative Platform. However, the Platform does contain the following: “OPPOSE any efforts to increase the County's share-of-cost, maintenance-of-effort requirements or other financing responsibility for state-mandated programs, absent new revenues sufficient to meet current and future program needs.” (p. 14) Referral Update: SB 964 (Seyarto) Property tax: tax-defaulted property sales. Status 3/19/2024 - Set for hearing April 10. Calendar: 4/10/2024 9:30 a.m. - 1021 O Street, Room 1200 SENATE REVENUE AND TAXATION, GLAZER, STEVE, Chair Summary Existing law governs the sale to certain entities of a property that has been tax defaulted for 5 years or more, or 3 years or more, as applicable, in an applicable county, including by authorizing the state, county, any revenue district the taxes of which on the property are collected by county officers, or a redevelopment agency created pursuant to the California Community Redevelopment Law, to purchase the property or any part thereof, as prescribed. Existing law also authorizes a nonprofit organization to purchase, with the approval of the board of supervisors of the county in which it is located, a residential or vacant property that has been tax-defaulted for 5 years or more, or 3 years or more if the property is subject to a nuisance abatement lien, as prescribed. Existing law requires the sales price of a property sold pursuant to the provisions described or referenced above to include certain amounts, including all defaulted taxes and assessments and all associated penalties and costs. This bill would prohibit a property or property interest from being offered for sale under the provisions described above if that property or property interest has not been offered for sale under the provisions described below, unless certain conditions are satisfied. This bill contains other related provisions and other existing laws. (Based on text date 3/5/2024) CONTRA COSTA COUNTY Printed on 3/21/2024Page 1 of 6 powered by Legistar™66 File #:24-0915 Agenda Date:3/25/2024 Agenda #:9. Summary Existing law governs the sale to certain entities of a property that has been tax defaulted for 5 years or more, or 3 years or more, as applicable, in an applicable county, including by authorizing the state, county, any revenue district the taxes of which on the property are collected by county officers, or a redevelopment agency created pursuant to the California Community Redevelopment Law, to purchase the property or any part thereof, as prescribed. Existing law also authorizes a nonprofit organization to purchase, with the approval of the board of supervisors of the county in which it is located, a residential or vacant property that has been tax-defaulted for 5 years or more, or 3 years or more if the property is subject to a nuisance abatement lien, as prescribed. Existing law requires the sales price of a property sold pursuant to the provisions described or referenced above to include certain amounts, including all defaulted taxes and assessments and all associated penalties and costs. This bill would prohibit a property or property interest from being offered for sale under the provisions described above if that property or property interest has not been offered for sale under the provisions described below, unless certain conditions are satisfied. This bill contains other related provisions and other existing laws. (Based on text date 3/5/2024) Bill Text 03/05/2024 Amended pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 98_ A_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 01/23/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 99_ I_b ill.p df> htm <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- CONTRA COSTA COUNTY Printed on 3/21/2024Page 2 of 6 powered by Legistar™67 File #:24-0915 Agenda Date:3/25/2024 Agenda #:9. Bill Text 03/05/2024 Amended pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 98_ A_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 98_ A_ bill. htm > 01/23/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 99_ I_b ill.p df> htm <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 99_ I_b ill.h tm > CONTRA COSTA COUNTY Printed on 3/21/2024Page 3 of 6 powered by Legistar™68 File #:24-0915 Agenda Date:3/25/2024 Agenda #:9. Bill Text03/05/2024 Amended pdf<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_0951-1000/sb_964_98_A_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 98_ A_ bill. htm > 01/23/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 99_ I_b ill.p df> htm <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 99_ I_b ill.h tm > CONTRA COSTA COUNTY Printed on 3/21/2024Page 4 of 6 powered by Legistar™69 File #:24-0915 Agenda Date:3/25/2024 Agenda #:9. Bill Text03/05/2024 Amended pdf<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_0951-1000/sb_964_98_A_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_0951-1000/sb_964_98_ A_ bill. htm > 01/23/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 99_ I_b ill.p df> htm <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _09 51- 100 0/s b_9 64_ 99_ I_b ill.h tm > CONTRA COSTA COUNTY Printed on 3/21/2024Page 5 of 6 powered by Legistar™70 File #:24-0915 Agenda Date:3/25/2024 Agenda #:9. Bill Text03/05/2024 Amended pdf<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_0951-1000/sb_964_98_A_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_0951-1000/sb_964_98_A_bill.htm>01/23/2024 Introduced pdf<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_0951-1000/sb_964_99_I_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bills/ sen /sb _09 51- 100 0/s b_9 64_ 99_ I_b ill.h tm > Analysis Votes History 03/19/2024 Set for hearing April 10. 03/05/2024 From committee with author's amendments. Read second time and amended. Re- referred to Com. on REV. & TAX. 02/21/2024 Referred to Com. on REV. & TAX. 01/24/2024 From printer. May be acted upon on or after February 23. 01/23/2024 Introduced. Read first time. To Com. on RLS. for assignment. To print. Attachment A includes the bill text, as amended. Attachment B is the California Association of County Treasurers and Tax Collectors’ letter to Oppose Unless Amended. Recommendation(s)/Next Step(s): CONSIDER recommending a position of “Oppose Unless Amended” on SB 964 (Seyarto) to the Board of Supervisors on their April 9, 2024 consent agenda. Fiscal Impact (if any): CONTRA COSTA COUNTY Printed on 3/21/2024Page 6 of 6 powered by Legistar™71 AMENDED IN SENATE MARCH 5, 2024 SENATE BILL No. 964 Introduced by Senator Seyarto January 23, 2024 An act to add Section 1326 to the Code of Civil Procedure, and to amend Sections 4675 4674, 4675, and 4676 of, and to add Section 3777 to, the Revenue and Taxation Code, relating to taxation. legislative counsel’s digest SB 964, as amended, Seyarto. Property tax: tax-defaulted property sales. Existing law governs the sale to certain entities of a property that has been tax defaulted for 5 years or more, or 3 years or more, as applicable, in an applicable county, including by authorizing the state, county, any revenue district the taxes of which on the property are collected by county officers, or a redevelopment agency created pursuant to the California Community Redevelopment Law, to purchase the property or any part thereof, as prescribed. Existing law also authorizes a nonprofit organization to purchase, with the approval of the board of supervisors of the county in which it is located, a residential or vacant property that has been tax-defaulted for 5 years or more, or 3 years or more if the property is subject to a nuisance abatement lien, as prescribed. Existing law requires the sales price of a property sold pursuant to the provisions described or referenced above to include certain amounts, including all defaulted taxes and assessments and all associated penalties and costs. This bill would prohibit a property or property interest from being offered for sale under the provisions described above if that property 98 Attachment A 72 or property interest has not been offered for sale under the provisions described below. below, unless certain conditions are satisfied. Existing law generally authorizes a county tax collector to sell to any person tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing law authorizes a party of interest in the property to file with the county a claim for the excess proceeds, in proportion to that person’s interest held with others of equal priority in the property at the time of sale, at any time before the expiration of one year following the recordation of the tax collector’s deed to the purchaser and provides for the distribution of those excess proceeds. Existing law requires, if excess proceeds from the sale of tax-defaulted property exceed $150, the county to provide notice of the right to claim the excess proceeds, as prescribed. This bill would increase the claims period described above to 2 years if the county does not receive any claims before the expiration of one year following the recordation of the tax collector’s deed to the purchaser and would make conforming changes. require a county to review a claim filed pursuant to the provisions described above and determine whether the claim is complete and valid, and would prescribe a procedure for curing any deficiency in the claim. The bill would also require the notice described above to include certain information, including the consequences for failing to apply for excess proceeds within the claims period. By requiring a county to administer the claims period for a longer time period and to include additional information in the required notice of the right to claim excess proceeds, undertake new duties with respect to the claims process, the bill would impose a state-mandated local program. Existing law authorizes certain excess proceeds from sales of property pursuant to the provisions described above to be transferred to the county general fund, as specified. Existing law generally governs and regulates the receipt, custody, investment, management, disposal, and escheat of various classes of unclaimed property to the possession of which the state is, or may become, entitled under the provisions of certain law. Existing law creates the Unclaimed Property Fund and requires all money, except permanently escheated money, paid to the state or any officer or employee thereof for deposit in the State Treasury under those provisions to be deposited in the fund on order of the Controller. Existing law provides that moneys in that fund are continuously appropriated to the Controller for specified purposes. 98 — 2 — SB 964 Attachment A 73 This bill would instead require those excess proceeds from sales of property pursuant to the provisions described above to be transferred to the Controller for deposit in the Defaulted Tax Sale Subaccount, which this bill would establish in the fund to consist of moneys received by the Controller pursuant to the bill’s provisions. The bill would provide that those moneys are available upon appropriation for specified purposes. By requiring a county to undertake new duties with respect to these moneys, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 1326 is added to the Code of Civil line 2 Procedure, to read: line 3 1326. (a) The Defaulted Tax Sale Subaccount is hereby line 4 established in the Unclaimed Property Fund. line 5 (b) The Defaulted Tax Sale Subaccount shall consist of moneys line 6 received by the Controller and required to be deposited into the line 7 subaccount pursuant to Chapter 8 (commencing with Section 3771) line 8 of Part 6 of Division 1 of the Revenue and Taxation Code. line 9 (c) Notwithstanding Section 1325, the moneys in the Defaulted line 10 Tax Sale Subaccount shall be available upon appropriation for line 11 the purposes of this title. line 12 SECTION 1. line 13 SEC. 2. Section 3777 is added to the Revenue and Taxation line 14 Code, immediately following Section 3776, to read: line 15 3777. (a) Property or a property interest shall not be offered line 16 for sale under the provisions of this chapter if that property or line 17 property interest has not been offered for sale under the provisions line 18 of Chapter 7 (commencing with Section 3691). 3691) unless all line 19 of the following conditions are satisfied: 98 SB 964 — 3 — Attachment A 74 line 1 (1) The county’s property assessment shows that the property line 2 or property interest is worth less than the defaulted debt. line 3 (2) Offering the property or property interest for sale under the line 4 provisions of Chapter 7 (commencing with Section 3691) would line 5 cost the county more than offering the property or property interest line 6 for sale under the provisions of this chapter. line 7 (3) The county’s board of supervisors approved offering the line 8 property or property interest for sale under the provisions of this line 9 chapter by majority vote after the issue is discussed during a line 10 regularly scheduled open meeting or hearing that gave the line 11 community an opportunity to discuss the proposed offering for line 12 sale. line 13 (b) When considering whether to approve offering the property line 14 or property interest for sale under the provisions of this chapter line 15 at an open meeting or hearing as described in paragraph (3) of line 16 subdivision (a), the county’s board of supervisors shall consider line 17 all evidence and arguments presented during the meeting or line 18 hearing, including, but not limited to, evidence or arguments line 19 concerning both of the following: line 20 (1) The value of the property or property interest and the line 21 county’s property assessment showing that value. line 22 (2) The cost of offering the property or property interest for line 23 sale under the provisions of Chapter 7 (commencing with Section line 24 3691) as compared to the cost of offering the property or property line 25 interest for sale under the provisions of this chapter. line 26 SEC. 3. Section 4674 of the Revenue and Taxation Code is line 27 amended to read: line 28 4674. Any excess in the proceeds deposited in the delinquent line 29 tax sale trust fund remaining after satisfaction of the amounts line 30 distributed under Sections 4672, 4672.1, 4672.2, 4673, and 4673.1 line 31 shall be retained in the fund on account of, and may be claimed line 32 by parties of interest in the property as provided in, Section 4675. line 33 At the expiration of the period specified in subdivision (e) of line 34 Section 4675, any excess proceeds not claimed under Section 4675 line 35 may be transferred to the county general fund of the county by the line 36 county auditor, except that prior to the transfer, the county may line 37 deduct those costs of maintaining the redemption and tax-defaulted line 38 property files, and those costs of administering and processing the line 39 claims for excess proceeds, that have not been recovered under line 40 any other law. shall be transferred to the Controller for deposit 98 — 4 — SB 964 Attachment A 75 line 1 in the Defaulted Tax Sale Subaccount in the Unclaimed Property line 2 Fund established pursuant to Section 1326 of the Code of Civil line 3 Procedure. line 4 SEC. 2. line 5 SEC. 4. Section 4675 of the Revenue and Taxation Code is line 6 amended to read: line 7 4675. (a) (1) Subject to paragraph (2), any Any party of interest line 8 in the property may file with the county a claim for the excess line 9 proceeds, in proportion to that person’s interest held with others line 10 of equal priority in the property at the time of sale, at any time line 11 before the expiration of one year following the recordation of the line 12 tax collector’s deed to the purchaser. The claim shall be postmarked line 13 on or before the one-year expiration date to be considered timely. line 14 (2) The claim expiration date shall be two years following the line 15 recordation of the tax collector’s deed to the purchaser if the county line 16 does not receive a claim by a person described in subparagraph line 17 (B) of paragraph (1) of subdivision (e) before the expiration of line 18 one year following the recordation of the tax collector’s deed to line 19 the purchaser. line 20 (3) A claim pursuant to this subdivision shall be postmarked on line 21 or before the claim expiration date to be considered timely. line 22 (2) (A) The county shall review a claim filed pursuant to line 23 paragraph (1) and determine whether the claim is complete and line 24 valid. line 25 (B) If the county determines that a claim is incomplete or invalid, line 26 the county shall provide written notice to the claimant describing line 27 what is needed to cure the deficiency and informing the claimant line 28 that the claimant has 60 days to cure the deficiency. line 29 (C) A claim reviewed pursuant to this paragraph is timely if line 30 originally postmarked on or before the one-year expiration date line 31 even if the 60-day cure period required by this paragraph extends line 32 beyond that one-year expiration date. line 33 (b) After the property has been sold, a party of interest in the line 34 property at the time of the sale may assign their right to claim the line 35 excess proceeds only by a dated, written instrument that explicitly line 36 states that the right to claim the excess proceeds is being assigned, line 37 and only after each party to the proposed assignment has disclosed line 38 to each other party to the proposed assignment all facts of which line 39 that party is aware relating to the value of the right that is being line 40 assigned. Any attempted assignment that does not comply with 98 SB 964 — 5 — Attachment A 76 line 1 these requirements shall have no effect. This subdivision applies line 2 only with respect to assignments on or after the effective date of line 3 this subdivision. line 4 (c) Any person or entity who in any way acts on behalf of, or line 5 in place of, any party of interest with respect to filing a claim for line 6 any excess proceeds shall submit proof with the claim that the line 7 amount and source of excess proceeds have been disclosed to the line 8 party of interest and that the party of interest has been advised of line 9 their right to file a claim for the excess proceeds on their own line 10 behalf directly with the county at no cost. line 11 (d) The claims shall contain any information and proof deemed line 12 necessary by the board of supervisors to establish the claimant’s line 13 rights to all or any portion of the excess proceeds. line 14 (e) (1) Except as provided in paragraph (2), no sooner than the line 15 claim expiration date and any review and cure periods determined line 16 pursuant to subdivision (a), and if the excess proceeds have been line 17 claimed by any party of interest as provided herein, the excess line 18 proceeds shall be distributed on order of the board of supervisors line 19 to the parties of interest who have claimed the excess proceeds in line 20 the order of priority set forth in subdivisions (a) and (b). For the line 21 purposes of this article, parties of interest and their order of priority line 22 are: line 23 (A) First, lienholders of record before the recordation of the tax line 24 deed to the purchaser in the order of their priority. line 25 (B) Second, any person with title of record to all or any portion line 26 of the property before the recordation of the tax deed to the line 27 purchaser. line 28 (2) (A) If the board of supervisors has been petitioned to rescind line 29 the tax sale pursuant to Section 3731, any excess proceeds shall line 30 not be distributed to the parties of interest as provided by paragraph line 31 (1) before the earlier of the claim expiration date and any review line 32 and cure periods determined pursuant to subdivision (a) or two line 33 years one year following the date the board of supervisors line 34 determines the tax sale should not be rescinded, and only if the line 35 person who petitioned the board of supervisors pursuant to Section line 36 3731 has not commenced a proceeding in court pursuant to Section line 37 3725. line 38 (B) If a proceeding has been commenced in a court pursuant to line 39 Section 3725, any excess proceeds shall not be distributed to the 98 — 6 — SB 964 Attachment A 77 line 1 parties of interest as provided by paragraph (1) until a final court line 2 order is issued. line 3 (f) If a person with title of record is deceased at the time of the line 4 distribution of the excess proceeds, the heirs may submit an line 5 affidavit pursuant to Chapter 3 (commencing with Section 13100) line 6 of Part 1 of Division 8 of the Probate Code, to support their claim line 7 for excess proceeds. line 8 (g) Any action or proceeding to review the decision of the board line 9 of supervisors, or the county officer to whom the board delegated line 10 authority pursuant to Section 4675.1, to accept or deny the claim line 11 shall be commenced within 90 days after the date of that decision line 12 of the board of supervisors or the county officer. line 13 SEC. 3. line 14 SEC. 5. Section 4676 of the Revenue and Taxation Code is line 15 amended to read: line 16 4676. (a) If excess proceeds from the sale of tax-defaulted line 17 property exceed one hundred fifty dollars ($150), the county shall line 18 provide notice of the right to claim the excess proceeds, as provided line 19 in this section. line 20 (b) No later than 90 days after the sale of the property, the line 21 county shall mail written notice of the right to claim excess line 22 proceeds to the last known mailing address of parties of interest, line 23 as defined in Section 4675. The county shall make a reasonable line 24 effort to obtain the name and last known mailing address of parties line 25 of interest. line 26 (c) If the last known address of a party of interest cannot be line 27 obtained, the county shall publish notice of the right to claim excess line 28 proceeds in a newspaper of general circulation in the county. line 29 Publication is not required if the cost to publish is equal to or line 30 greater than the amount of the excess proceeds. The notice shall line 31 be published once a week for three successive weeks and shall line 32 commence no later than 90 days after the sale of the property. line 33 (d) The cost of obtaining the name and last known mailing line 34 address of parties of interest and of mailing or publishing the line 35 notices required under this section shall be deducted from the line 36 excess proceeds and shall be distributed to the county general fund. line 37 (e) A notice pursuant to this section shall contain all of the line 38 following information: line 39 (1) The amount of the tax debt with respect to which the line 40 tax-defaulted property was in default. 98 SB 964 — 7 — Attachment A 78 line 1 (2) The amount for which the property was sold. line 2 (3) The consequences for failing to apply for excess proceeds line 3 within the time period prescribed in Section 4675. line 4 SEC. 4. line 5 SEC. 6. If the Commission on State Mandates determines that line 6 this act contains costs mandated by the state, reimbursement to line 7 local agencies and school districts for those costs shall be made line 8 pursuant to Part 7 (commencing with Section 17500) of Division line 9 4 of Title 2 of the Government Code. O 98 — 8 — SB 964 Attachment A 79 California Association of County Treasurers and Tax Collectors 1415 L Street, Suite 1000 • Sacramento, California 95814 Phone: (916) 441-1850 • Fax: (916) 441-6178 Website: www.cacttc.org February 15, 2024 The Honorable Kelly Seyarto California State Senate District 32 1021 O Street, Suite 7120 Sacramento, CA 95814 RE: SB 964 (Seyarto) Property tax: tax-defaulted property sales – Oppose Unless Amended Dear Senator Seyarto, On behalf of the California Association of County Treasurers and Tax Collectors (CACTTC), I write in respectful opposition to your SB 964, unless amended, to address the concerns outlined below. Amendment 1: Amend the measure to allow a Tax Collector to request the Board of Supervisors to approve a resolution which authorizes the Tax Collector to take specified properties to a Chapter 8 sale without first conducting a Chapter 7 sale based on circumstances articulated by the Tax Collector that necessitate a Chapter 8 sale. SB 964 mandates a Chapter 7 sale prior to a Chapter 8 process, regardless of the unique circumstances of a given parcel. Given the expensive process and intensive staff time required to conduct a tax sale, the discretion of the tax collector to be able to make pragmatic decisions regarding how to dispose of challenging property is vital to the efficiency of the office. To unnecessarily mandate an expensive and time-consuming process to go through procedures that will not produce a sensical outcome is a waste of taxpayer dollars and will lead to higher costs and government inefficiency; two things taxpayers expect the tax collector to not do. Amendment 2: Strike the requirement that Tax Collectors hold unclaimed excess proceeds for two years. The additional one year of time your measure proposes to add to the right to claim excess proceeds when no claims are received, once again creates new and costly burdens on the offices of Tax Collectors. In some county offices, there may be only a handful of staff – less than 10 – and your measure would require those offices to devote two years of staff time to tracking and managing the proceeds from a tax sale just in case a party of interest materializes after an already-exhaustive series of mandated outreach has been conducted. It is worth noting, in response to concerns raised about county tax sales in light of the Supreme Court ruling in the case of Tyler vs. Hennepin, that whenever a County Tax Collector takes a parcel to a tax sale, the Board of Supervisors must approve the act of doing so. There are a myriad of robust taxpayer protections in California statute, and it is because of those protections that CACTTC remains unaware of any particular property owner that has been harmed in the manner of the individual in the Supreme Court decision. CACTTC’s elected and appointed members view themselves as taxpayer advocates and are sensitive to the fact that property may be the most significant asset a taxpayer owns. Tax sales are not taken lightly, require Attachment B 80 California Association of County Treasurers and Tax Collectors 1415 L Street, Suite 1000 • Sacramento, California 95814 Phone: (916) 441-1850 • Fax: (916) 441-6178 Website: www.cacttc.org extensive research and outreach, and are only conducted after years of non-payment, with bi-annual outreach to the property owner during the years of non-payment. In the absence of these amendments, CACTTC will remain in respectful but firm opposition to your measure. Sincerely, Karen Lange CACTTC Legislative Advocate CC: Phonxay Keokham, President, California Association of County Treasurers and Tax Collectors Dan Mierzwa, Chair, California Association of County Treasurers and Tax Collectors Legislative Committee Eric Lawyer, California State Association of Counties Attachment B 81 CONTRA COSTA COUNTY Staff Report 1025 ESCOBAR STREET MARTINEZ, CA 94553 File #:24-0916 Agenda Date:3/25/2024 Agenda #:10. LEGISLATION COMMITTEE Meeting Date: March 25, 2024 Subject:AB 2561 (McKinnor): Local Public Employees: Vacant Positions Submitted For: County Administrator Nino Department: County Administrator’s Office Referral No: Referral Name: AB 2561 (McKinnor) Presenter: Monica Nino Contact: L. DeLaney, 655-2057 Referral History: AB 2561 (McKinnor) was recently amended on March 11 as a “gut and amend” and brought to the County’s attention through several organizations including CSAC and the County executives association, CACE. CSAC has an “Oppose” position on the bill. The County’s adopted 2023-24 State Legislative Platform does not contain any related policy direction. The County Administrator requested the item be considered by the Legislation Committee with a recommendation to oppose the bill. Referral Update: AB 2561 would require employers with more than 10% vacancy rate in a bargaining unit for more than 180 days to meet and confer with the union about the vacancies, prepare a plan to fill the vacant positions, and then implement the plan and fill the vacant positions. It is quite a burdensome bill and makes overly simplistic assumptions about vacancies without taking into account the many reasons they may exist and persist. AB 2561 (McKinnor) Local public employees: vacant positions. Status 3/19/2024 - In committee: Hearing postponed by committee. Summary Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act prohibits a public agency from, among other things, imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with specified employee rights guaranteed by the act. This bill would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days. The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include findings that changes proposed by this bill address a matter of statewide concern. (Based on text date 3/11/2024) CONTRA COSTA COUNTY Printed on 3/21/2024Page 1 of 6 powered by Legistar™82 File #:24-0916 Agenda Date:3/25/2024 Agenda #:10. Summary Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act prohibits a public agency from, among other things, imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with specified employee rights guaranteed by the act. This bill would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days. The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include findings that changes proposed by this bill address a matter of statewide concern. (Based on text date 3/11/2024) Bill Text 03/11/2024 Amended pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _98 _A _bil l.pd f>h tm <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 02/14/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _99 _I_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 CONTRA COSTA COUNTY Printed on 3/21/2024Page 2 of 6 powered by Legistar™83 File #:24-0916 Agenda Date:3/25/2024 Agenda #:10. Bill Text 03/11/2024 Amended pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _98 _A _bil l.pd f>h tm <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _98 _A _bil l.ht m> 02/14/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _99 _I_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _99 _I_ bill. htm > CONTRA COSTA COUNTY Printed on 3/21/2024Page 3 of 6 powered by Legistar™84 File #:24-0916 Agenda Date:3/25/2024 Agenda #:10. Bill Text03/11/2024 Amended pdf<https://ctweb.capitoltrack.com/Bills/23Bills/asm/ab_2551-2600/ab_2561_98_A_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _98 _A _bil l.ht m> 02/14/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _99 _I_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _99 _I_ bill. htm > CONTRA COSTA COUNTY Printed on 3/21/2024Page 4 of 6 powered by Legistar™85 File #:24-0916 Agenda Date:3/25/2024 Agenda #:10. Bill Text03/11/2024 Amended pdf<https://ctweb.capitoltrack.com/Bills/23Bills/asm/ab_2551-2600/ab_2561_98_A_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bills/asm/ab_2551-2600/ab_2561_98 _A _bil l.ht m> 02/14/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _99 _I_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _99 _I_ bill. htm > CONTRA COSTA COUNTY Printed on 3/21/2024Page 5 of 6 powered by Legistar™86 File #:24-0916 Agenda Date:3/25/2024 Agenda #:10. Bill Text03/11/2024 Amended pdf<https://ctweb.capitoltrack.com/Bills/23Bills/asm/ab_2551-2600/ab_2561_98_A_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bills/asm/ab_2551-2600/ab_2561_98_A_bill.htm>02/14/2024 Introduced pdf<https://ctweb.capitoltrack.com/Bills/23Bills/asm/ab_2551-2600/ab_2561_99_I_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/2 3Bi lls/ as m/a b_2 551 - 260 0/a b_2 561 _99 _I_ bill. htm > Analysis Votes History 03/19/2024 In committee: Hearing postponed by committee. 03/12/2024 Re-referred to Com. on P.E. & R. 03/11/2024 Referred to Com. on P.E. & R. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended. 02/15/2024 From printer. May be heard in committee March 16. 02/14/2024 Read first time. To print. Attachment A: bill text, as amended Recommendation(s)/Next Step(s): CONSIDER recommending an “Oppose” position on AB 2561 (McKinnor) to the Board of Supervisors on their April 9, 2024 consent agenda. Fiscal Impact (if any): CONTRA COSTA COUNTY Printed on 3/21/2024Page 6 of 6 powered by Legistar™87 AMENDED IN ASSEMBLY MARCH 11, 2024 california legislature—2023–24 regular session ASSEMBLY BILL No. 2561 Introduced by Assembly Member McKinnor February 14, 2024 An act to amend Section 11546 of add Section 3502.3 to the Government Code, relating to state government administration. public employment. legislative counsel’s digest AB 2561, as amended, McKinnor. Department of Technology. Local public employees: vacant positions. Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act prohibits a public agency from, among other things, imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with specified employee rights guaranteed by the act. This bill would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days. The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. By imposing new duties on local public agencies, 98 Attachment A 88 the bill would impose a state-mandated local program. The bill would also include findings that changes proposed by this bill address a matter of statewide concern. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs. Existing law requires the Department of Technology to be responsible for the approval and oversight of information technology projects, including by consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs, clearly identifying programmatic benefits, and considering feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. This bill would make nonsubstantive changes to that provision. Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 3502.3 is added to the Government Code, line 2 to read: line 3 3502.3. (a) Each public agency with bargaining unit vacancy line 4 rates exceeding 10 percent for more than 90 days within the past line 5 180 days shall promptly meet and confer with the representative line 6 of the recognized employee organization, as defined in subdivision line 7 (a) of Section 3501, to produce, publish, and implement a plan to line 8 fill all vacant positions within the subsequent 180 days. 98 — 2 — AB 2561 Attachment A 89 line 1 (b) The plan shall include an assessment of all the following line 2 substantive components: line 3 (1) Total number of positions and vacancies for specified job line 4 classifications, organized by agency department or division. line 5 (2) Applicable compensation rates, including health and welfare line 6 benefits and fringe benefits, of similar positions at public and line 7 private employers in the surrounding area compared to positions line 8 exceeding a 10-percent vacancy rate and their relationship with line 9 employee retention. line 10 (3) A comparison of noneconomic terms of employment in line 11 departments or divisions with vacancy rates exceeding 10 percent, line 12 including scheduling flexibility and remote work options. line 13 (4) An anonymous survey collected from present employees that line 14 assesses workplace climate, culture, bullying, safety, recognition line 15 of family responsibilities, remote work flexibilities, and leadership. line 16 (5) Descriptions of any obstacles in the hiring process, line 17 including, but not limited to, the following: line 18 (A) Average length of the hiring process for an applicant. line 19 (B) Number of applicants for vacant positions. line 20 (C) Qualifications requirements for positions that have remained line 21 vacant for more than 180 days. line 22 (D) Success or lack of community outreach efforts to recruit line 23 more applicants. line 24 (E) Availability of multilingual civil service examinations for line 25 vacant positions that require such an examination. line 26 (F) Availability or lack of training or apprenticeship programs line 27 for new hires or for career advancement for current employees. line 28 (G) Other barriers to access not listed above. line 29 (c) The plan shall address the identified problems in retention line 30 and recruitment, as described in subdivision (b), and propose line 31 specific, measurable and achievable objectives, including a line 32 timeline the public agency will take to make progress toward filling line 33 remaining vacancies in the following ways: line 34 (1) Develop trainings, mentorship programs, or apprenticeships line 35 to increase the pool of qualified applicants for vacant positions. line 36 (2) Identify any necessary changes to policies, procedures, and line 37 recruitment activities that lead to obstacles in the hiring process line 38 described in paragraph (5) of subdivision (b). line 39 (3) Identify current permanent and temporary employees who line 40 could transition into a role in the bargaining unit described in 98 AB 2561 — 3 — Attachment A 90 line 1 subdivision (a) and establish a training program to facilitate this line 2 practice. line 3 (4) Identify opportunities to improve compensation, working line 4 conditions, and terms of employment. line 5 (5) Partner with unions, community organizations, training and line 6 placement programs, and stakeholders to reduce barriers and line 7 improve access for applicants. The plan shall include specific line 8 outreach activities the department will take to recruit applicants line 9 with an equity section on a recruitment plan specific to workers line 10 from underrepresented and disadvantaged communities. line 11 (d) The public agency shall present this plan during a public line 12 hearing to the governing legislative body. line 13 (e) The public agency shall implement the plan as required in line 14 subdivision (a). line 15 (f) The public agency shall publish the plan, including the line 16 findings detailed in subdivision (b), on its internet website for line 17 public review for at least one year. line 18 (g) The provisions of this section are severable. If any provision line 19 of this section or its application is held invalid, the invalidity shall line 20 not affect other provisions or applications that can be given effect line 21 without the invalid provision or application. line 22 (h) There is a statewide interest in ensuring that public agency line 23 operations are appropriately staffed and that high vacancy rates line 24 do not undermine public employee labor relations. The Legislature line 25 finds and declares that this section constitutes a matter of statewide line 26 concern and shall apply to charter cities and counties. The line 27 provisions of this section shall supersede any inconsistent line 28 provisions in the charter of any city or county. line 29 SEC. 2. The Legislature finds and declares that Section 1 of line 30 this act, which adds Section 3502.3 to the Government Code, line 31 furthers, within the meaning of paragraph (7) of subdivision (b) line 32 of Section 3 of Article I of the California Constitution, the purposes line 33 of that constitutional section as it relates to the right of public line 34 access to the meetings of local public bodies or the writings of line 35 local public officials and local agencies. Pursuant to paragraph line 36 (7) of subdivision (b) of Section 3 of Article I of the California line 37 Constitution, the Legislature makes the following findings: line 38 It is in the public interest, and it furthers the purposes of line 39 paragraph (7) of subdivision (b) of Section (3) of Article I of the 98 — 4 — AB 2561 Attachment A 91 line 1 California Constitution, to ensure that information concerning line 2 public agency employment is available to the public. line 3 SEC. 3. No reimbursement shall be made pursuant to Part 7 line 4 (commencing with Section 17500) of Division 4 of Title 2 of the line 5 Government Code for costs mandated by the state pursuant to this line 6 act. It is recognized, however, that a local agency or school district line 7 may pursue any remedies to obtain reimbursement available to it line 8 under Part 7 (commencing with Section 17500) and any other law. line 9 SECTION 1. Section 11546 of the Government Code is line 10 amended to read: line 11 11546. (a) The Department of Technology shall be responsible line 12 for the approval and oversight of information technology projects, line 13 which shall include, but are not limited to, all of the following: line 14 (1) Establishing and maintaining a framework of policies, line 15 procedures, and requirements for the initiation, approval, line 16 implementation, management, oversight, and continuation of line 17 information technology projects. Unless otherwise required by line 18 law, a state department shall not procure oversight services of line 19 information technology projects without the approval of the line 20 Department of Technology. line 21 (2) Evaluating information technology projects based on the line 22 business case justification, resources requirements, proposed line 23 technical solution, project management, oversight and risk line 24 mitigation approach, and compliance with statewide strategies, line 25 policies, and procedures. Projects shall continue to be funded line 26 through the established Budget Act process. line 27 (3) Consulting with agencies during initial project planning to line 28 ensure that project proposals are based on well-defined line 29 programmatic needs, clearly identifying programmatic benefits, line 30 and considering feasible alternatives to address the identified needs line 31 and benefits consistent with statewide strategies, policies, and line 32 procedures. line 33 (4) Consulting with agencies prior to project initiation to review line 34 the project governance and management framework to ensure that line 35 it is best designed for success and will serve as a resource for line 36 agencies throughout the project implementation. line 37 (5) Requiring agencies to provide information on information line 38 technology projects including, but not limited to, all of the line 39 following: 98 AB 2561 — 5 — Attachment A 92 line 1 (A) The degree to which the project is within approved scope, line 2 cost, and schedule. line 3 (B) Project issues, risks, and corresponding mitigation efforts. line 4 (C) The current estimated schedule and costs for project line 5 completion. line 6 (6) Requiring agencies to perform remedial measures to achieve line 7 compliance with approved project objectives. These remedial line 8 measures may include, but are not limited to, any of the following: line 9 (A) Independent assessments of project activities, the cost of line 10 which shall be funded by the agency administering the project. line 11 (B) Establishing remediation plans. line 12 (C) Securing appropriate expertise, the cost of which shall be line 13 funded by the agency administering the project. line 14 (D) Requiring additional project reporting. line 15 (E) Requiring approval to initiate any action identified in the line 16 approved project schedule. line 17 (7) Suspending, reinstating, or terminating information line 18 technology projects. The Department of Technology shall notify line 19 the Joint Legislative Budget Committee of any project suspension, line 20 reinstatement, and termination within 30 days of that suspension, line 21 reinstatement, or termination. line 22 (8) Establishing restrictions or other controls to mitigate line 23 nonperformance by agencies, including, but not limited to, any of line 24 the following: line 25 (A) The restriction of future project approvals pending line 26 demonstration of successful correction of the identified line 27 performance failure. line 28 (B) The revocation or reduction of authority for state agencies line 29 to initiate information technology projects or acquire information line 30 technology or telecommunications goods or services. line 31 (b) The Department of Technology shall have the authority to line 32 delegate to another agency any authority granted under this section line 33 based on its assessment of the agency’s project management, line 34 project oversight, and project performance. O 98 — 6 — AB 2561 Attachment A 93 CONTRA COSTA COUNTY Staff Report 1025 ESCOBAR STREET MARTINEZ, CA 94553 File #:24-0917 Agenda Date:3/25/2024 Agenda #:11. LEGISLATION COMMITTEE Meeting Date: March 25, 2024 Subject:SB 1013 (Bradford) Taxation: Property Tax Assistance for Descendants of Enslaved Persons Submitted For: Dan Mierzwa, County Treasurer-Tax Collector Department: Treasurer-Tax Collector Referral No: Referral Name: SB 1013 (Bradford) Presenter: D. Mierzwa Contact: L. DeLaney, 925-655-2057 Referral History: The County Treasurer-Tax Collector, Dan Mierzwa, brought forward SB 1013 (Bradford) for advocacy by the County with a recommendation to support the bill. The California Association of County Treasurer and Tax Collectors has a “Support” position on the bill. CSAC currently has a “Watch” position. Referral Update: SB 1013 (Bradford) Taxation: Property Tax Assistance for Descendants of Enslaved Persons. Status 3/20/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING. Summary The Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law authorizes individuals who meet specified criteria, including that they either be 62 years of age or older or blind or disabled, as defined, to file with the Franchise Tax Board a claim for assistance. That law authorizes assistance in an amount equal to a percentage, determined as provided, of either the property taxes accrued and paid by the claimant on their residential dwelling or, with respect to a claimant renting their residence, the applicable statutory property tax equivalent. This bill would establish the Property Tax Assistance for Descendants of Enslaved Persons Program for purposes of making, upon appropriation by the Legislature, moneys available to persons who meet specified criteria, including that the person currently live in a formerly redlined neighborhood in the state and is a descendant of a person enslaved in the United States, for purposes of providing financial assistance equal to a percentage of property taxes on a residential dwelling, as defined. The bill would, for purposes of determining a person’s eligibility for moneys under the program, require the person to provide an affidavit, under penalty of perjury, containing specified information, if the residential dwelling is owned by the person on property owned by a nonprofit incorporated association. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require the Franchise Tax Board to develop and administer the program and to provide moneys to eligible claimants. The bill would set forth procedures for administering the program. This bill contains other existing laws. (Based on text date 3/20/2024) CONTRA COSTA COUNTY Printed on 3/21/2024Page 1 of 6 powered by Legistar™94 File #:24-0917 Agenda Date:3/25/2024 Agenda #:11. Summary The Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law authorizes individuals who meet specified criteria, including that they either be 62 years of age or older or blind or disabled, as defined, to file with the Franchise Tax Board a claim for assistance. That law authorizes assistance in an amount equal to a percentage, determined as provided, of either the property taxes accrued and paid by the claimant on their residential dwelling or, with respect to a claimant renting their residence, the applicable statutory property tax equivalent. This bill would establish the Property Tax Assistance for Descendants of Enslaved Persons Program for purposes of making, upon appropriation by the Legislature, moneys available to persons who meet specified criteria, including that the person currently live in a formerly redlined neighborhood in the state and is a descendant of a person enslaved in the United States, for purposes of providing financial assistance equal to a percentage of property taxes on a residential dwelling, as defined. The bill would, for purposes of determining a person’s eligibility for moneys under the program, require the person to provide an affidavit, under penalty of perjury, containing specified information, if the residential dwelling is owned by the person on property owned by a nonprofit incorporated association. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require the Franchise Tax Board to develop and administer the program and to provide moneys to eligible claimants. The bill would set forth procedures for administering the program. This bill contains other existing laws. (Based on text date 3/20/2024) Bill Text 03/20/2024 Amended pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _98 _A _bil l.pd f>h tm <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 02/05/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _99 _I_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 CONTRA COSTA COUNTY Printed on 3/21/2024Page 2 of 6 powered by Legistar™95 File #:24-0917 Agenda Date:3/25/2024 Agenda #:11. Bill Text 03/20/2024 Amended pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _98 _A _bil l.pd f>h tm <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _98 _A _bil l.ht m> 02/05/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _99 _I_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _99 _I_ bill. htm > CONTRA COSTA COUNTY Printed on 3/21/2024Page 3 of 6 powered by Legistar™96 File #:24-0917 Agenda Date:3/25/2024 Agenda #:11. Bill Text03/20/2024 Amended pdf<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_1001-1050/sb_1013_98_A_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _98 _A _bil l.ht m> 02/05/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _99 _I_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _99 _I_ bill. htm > CONTRA COSTA COUNTY Printed on 3/21/2024Page 4 of 6 powered by Legistar™97 File #:24-0917 Agenda Date:3/25/2024 Agenda #:11. Bill Text03/20/2024 Amended pdf<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_1001-1050/sb_1013_98_A_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_1001-1050/sb_1013_98 _A _bil l.ht m> 02/05/2024 Introduced pdf <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _99 _I_ bill. pdf >ht m <ht tps: //ct we b.c apit oltr ack .co m/ Bill s/2 3Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _99 _I_ bill. htm > CONTRA COSTA COUNTY Printed on 3/21/2024Page 5 of 6 powered by Legistar™98 File #:24-0917 Agenda Date:3/25/2024 Agenda #:11. Bill Text03/20/2024 Amended pdf<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_1001-1050/sb_1013_98_A_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_1001-1050/sb_1013_98_A_bill.htm>02/05/2024 Introduced pdf<https://ctweb.capitoltrack.com/Bills/23Bills/sen/sb_1001-1050/sb_1013_99_I_bill.pdf>htm<https://ctweb.capitoltrack.com/Bills/23Bi lls/ sen /sb _10 01- 105 0/s b_1 013 _99 _I_ bill. htm > (See Attachment A) Analysis Votes History 03/20/2024 From committee with author's amendments. Read second time and amended. Re- referred to Com. on HOUSING. 03/13/2024 Referred to Com. on HOUSING. 02/06/2024 From printer. May be acted upon on or after March 7. 02/05/2024 Introduced. Read first time. To Com. on RLS. for assignment. To print. The County’s adopted 2023-24 State Legislative Platform includes the following policy that could be the basis for a “Support” position on SB 1013: “SUPPORT the continuation and expansion of funding for fair and equitable affordable housing, homelessness assistance and prevention programs, and strategic local and regional responses to homelessness that promote transparency, equity and data informed decision-making and enhance access to resources that support the County’s compliance with federal and state anti-homelessness and anti-poverty initiatives and requirements.” (p. 19) Recommendation(s)/Next Step(s): CONSIDER finding SB 1013 (Bradford) consistent with the 2023-24 adopted State Legislative Platform and direct staff and the County’s state lobbyist to take actions to advocate in support of the bill, or RECOMMEND a position of “Support” to the Board of Supervisors on their April 9, 2024 consent agenda. Fiscal Impact (if any): No anticipated impact on Contra Costa County. CONTRA COSTA COUNTY Printed on 3/21/2024Page 6 of 6 powered by Legistar™99 AMENDED IN SENATE MARCH 20, 2024 SENATE BILL No. 1013 Introduced by Senator Bradford February 5, 2024 An act to add Chapter 6.9.5 (commencing with Section 50679) to Part 2 of Division 31 of the Health and Safety Code, relating to housing. An act to add Part 10.8 (commencing with Section 21100) to Division 2 of the Revenue and Taxation Code, relating to taxation. legislative counsel’s digest SB 1013, as amended, Bradford. Housing: property tax relief: grant program. Taxation: Property Tax Assistance for Descendants of Enslaved Persons. Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency and requires the department to administer various housing programs, including various financial assistance programs related to housing. The Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law authorizes individuals who meet specified criteria, including that they either be 62 years of age or older or blind or disabled, as defined, to file with the Franchise Tax Board a claim for assistance. That law authorizes assistance in an amount equal to a percentage, determined as provided, of either the property taxes accrued and paid by the claimant on their residential dwelling or, with respect to a claimant renting their residence, the applicable statutory property tax equivalent. This bill would establish the Property Tax Assistance for Descendants of Enslaved Persons Program for purposes of making, upon appropriation by the Legislature, grants moneys available to persons 98 Attachment A 100 who meet specified criteria, including that the person currently live in a formerly redlined neighborhood in the state and are descendants is a descendant of a person enslaved in the United States. States, for purposes of providing financial assistance equal to a percentage of property taxes on a residential dwelling, as defined. The bill would, for purposes of determining a person’s eligibility for moneys under the program, require the person to provide an affidavit, under penalty of perjury, containing specified information, if the residential dwelling is owned by the person on property owned by a nonprofit incorporated association. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require the department Franchise Tax Board to develop and administer the program and to provide grants to qualified applicants it selects to receive the grant. moneys to eligible claimants. The bill would set forth procedures for administering the program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no yes. The people of the State of California do enact as follows: line 1 SECTION 1. Part 10.8 (commencing with Section 21100) is line 2 added to Division 2 of the Revenue and Taxation Code, to read: line 3 line 4 PART 10.8. PROPERTY TAX ASSISTANCE FOR DESCENDANTS line 5 OF ENSLAVED PERSONS line 6 line 7 21100. This chapter shall be known and may be cited as the line 8 “Property Tax Assistance for Descendants of Enslaved Persons line 9 Program.” line 10 21101. For purposes of this part, the following definitions line 11 apply: line 12 (a) “Claimant” means a person who satisfies all of the line 13 requirements under Section 21101.2. 98 — 2 — SB 1013 Attachment A 101 line 1 (b) “Household” includes the claimant and all other persons line 2 whose principal place of residence is the residential dwelling of line 3 the claimant. For purposes of this subdivision, “other persons” line 4 shall exclude bona fide renters, minors, or students. line 5 (c) “Program” means the Property Tax Assistance for line 6 Descendants of Enslaved Persons Program, as established by this line 7 part. line 8 (d) “Property tax” means all taxes, exclusive of interest, line 9 penalties, and principal payments on improvement bonds and line 10 charges for service, levied against a claimant’s residential dwelling line 11 by any taxing agency for payment in any fiscal year ending on or line 12 after June 30, 2025. “Property tax” includes license fees imposed line 13 by Part 5 (commencing with Section 10701) if the fee is imposed line 14 on land owned or rented by the claimant. line 15 (e) “Residential dwelling” means a dwelling in the state used line 16 as a principal place of residence by the claimant and the land line 17 surrounding the dwelling as is reasonably necessary for use of the line 18 dwelling as a home. “Residential dwelling” shall also include a line 19 mobilehome that is owned by a claimant, that is subject to property line 20 taxation pursuant to Part 13 (commencing with Section 5800) of line 21 Division 1, and that is located on land owned or rented by the line 22 claimant. line 23 (f) “Taxing agency” shall have the same meaning as in Section line 24 121. line 25 21101.1. (a) The Property Tax Assistance for Descendants of line 26 Enslaved Persons Program is hereby established for purposes of line 27 providing financial assistance to descendants of a person enslaved line 28 in the United States. line 29 (b) Upon appropriation by the Legislature, moneys shall be line 30 distributed under the program in accordance with this part. line 31 (c) (1) The Franchise Tax Board shall develop and administer line 32 the program and, consistent with the requirements of this part, line 33 shall provide assistance to claimants it selects to receive the line 34 assistance. line 35 (2) The Franchise Tax Board shall adopt any rules and line 36 regulations necessary for the administration of this part. line 37 21101.2. (a) A person may file with the Franchise Tax Board line 38 a claim for property tax assistance in accordance with this part. 98 SB 1013 — 3 — Attachment A 102 line 1 (b) A person shall be considered a claimant that is eligible to line 2 receive assistance pursuant to this part if the person satisfies the line 3 following conditions: line 4 (1) Currently lives in a formerly redlined neighborhood in the line 5 state. line 6 (2) Is a descendant of a person who was enslaved in the United line 7 States. line 8 (3) Is an owner and occupant of a residential dwelling that is line 9 the person’s principal place of residence, on the last day of the line 10 calendar year that ends within the fiscal year for which assistance line 11 is claimed. line 12 (4) Submits a complete claim to the Franchise Tax Board within line 13 the deadlines set by the board. line 14 (5) If requested by the Franchise Tax Board, submits the line 15 following: line 16 (A) If the person is requesting assistance related to property line 17 taxes on a residential dwelling purchased pursuant to an line 18 unrecorded contract of sale, a copy of the contract or other line 19 evidence to establish the fact of the purchase or change of line 20 ownership. line 21 (B) If the residential dwelling is owned by the person on line 22 property owned by a nonprofit incorporated association, an line 23 affidavit, under penalty of perjury, containing sufficient evidence line 24 to support such ownership and the person’s obligation to pay a line 25 pro rata share of the property tax levied against the nonprofit line 26 incorporated association’s property. line 27 21101.3. The Franchise Tax Board may provide assistance to line 28 claimants who are eligible under Section 21101.2 in an amount line 29 equal to a percentage of property taxes on the residential dwelling. line 30 However, any assistance shall be provided in accordance with the line 31 following: line 32 (a) Assistance shall be provided only for property taxes for the line 33 fiscal year in which the claim for assistance is made under this line 34 part. line 35 (b) Notwithstanding any provision of this part, when a line 36 residential dwelling is owned by two or more persons as joint line 37 tenants or tenants in common and one or more of those persons line 38 is not a member of the claimant’s household, the claimant may line 39 only receive property tax assistance with respect to that part of line 40 the property tax that reflects the ownership percentage of the 98 — 4 — SB 1013 Attachment A 103 line 1 claimant and other persons who are part of the household. line 2 However, the proration requirement of this paragraph shall not line 3 apply to the ownership percentage of any of the following persons: line 4 (1) The claimant’s spouse or domestic partner. line 5 (2) The parents, natural or adopted children, or grandchildren line 6 of the claimant or the claimant’s spouse or domestic partner. line 7 (3) The spouse or domestic partner of any person enumerated line 8 in paragraph (2). line 9 (c) Assistance shall only be provided with respect to property line 10 taxes properly claimed and already paid. line 11 (d) Assistance shall not be provided for claims that are five line 12 dollars ($5) or less. line 13 (e) Only one owner-claimant from each household shall be line 14 entitled to assistance pursuant to this part each fiscal year. When line 15 two or more persons of a household are eligible to claim assistance line 16 under this part and disagree as to who the owner-claimant shall line 17 be, the matter shall be referred to the Franchise Tax Board. The line 18 board’s decision shall be final. line 19 SEC. 2. No reimbursement is required by this act pursuant to line 20 Section 6 of Article XIII B of the California Constitution because line 21 the only costs that may be incurred by a local agency or school line 22 district will be incurred because this act creates a new crime or line 23 infraction, eliminates a crime or infraction, or changes the penalty line 24 for a crime or infraction, within the meaning of Section 17556 of line 25 the Government Code, or changes the definition of a crime within line 26 the meaning of Section 6 of Article XIII B of the California line 27 Constitution. line 28 SECTION 1. Chapter 6.9.5 (commencing with Section 50679) line 29 is added to Part 2 of Division 31 of the Health and Safety Code, line 30 to read: line 31 line 32 Chapter 6.9.5. Property Tax Assistance for Descendants line 33 of Enslaved Persons line 34 line 35 50679. For purposes of this chapter, the following definitions line 36 apply: line 37 (a) “Department” means the Department of Housing and line 38 Community Development. line 39 (b) “Principal residence” has the same meaning as in subdivision line 40 (k) of Section 3 of Article XIII of the California Constitution. 98 SB 1013 — 5 — Attachment A 104 line 1 (c) “Program” means the Property Tax Assistance for line 2 Descendants of Enslaved Persons Program, as established by this line 3 chapter. line 4 (d) “Qualified applicant” means an applicant who satisfies all line 5 of the requirements under subdivision (a) of Section 50679.2. line 6 50679.1. (a) The Property Tax Assistance for Descendants of line 7 Enslaved Persons Program is hereby established for the purpose line 8 of making grants available to descendants of a person enslaved in line 9 the United States. line 10 (b) Upon appropriation by the Legislature, funds shall be line 11 distributed under the program in accordance with this chapter. line 12 (c) The department shall develop and administer the program line 13 and, consistent with the requirements of this chapter, shall provide line 14 grants to qualified applicants it selects to receive the grant. line 15 50679.2. (a) A person shall be considered a qualified applicant line 16 eligible to receive a grant pursuant to this chapter if the person line 17 currently lives in a formerly redlined neighborhood in the state line 18 and is a descendant of a person enslaved in the United States. line 19 (b) The department shall solicit and receive each round of line 20 applications for this program by January 1 of each year that moneys line 21 are available for the chapter’s purpose. line 22 (c) Grants provided pursuant to this program shall be used to line 23 assist qualified applicants with payments on taxes on real property line 24 used as a principal residence by the qualified applicant. O 98 — 6 — SB 1013 Attachment A 105