HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 04162024 - Legislation Cte Agenda PktTuesday, April 16, 2024
10:00 AM
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 April 16, 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 March 25, 2024 meeting
of the Legislation Committee, with any necessary corrections .
24-1111
Meeting Minutes Draft 03.25.24Attachments:
4.RECEIVE a report on federal matters of interest to the County and provide
direction and/or input as needed.
24-1112
Attachment A: Federal UpdateAttachments:
5.CONSIDER recommending a position of "Oppose" to the Board of Supervisors
on SB 1057 (Menjivar) Juvenile Justice Coordinating Council, a bill that proposes
to make considerable changes to the local planning body and associated process
for the deployment of Juvenile Justice Crime Prevention Act (JJCPA) funds, as
recommended by the Chief Probation Officer.
24-1113
Attachment A: SB 1057 analysis and CPOC Oppose LetterAttachments:
Page 1 of 3
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Legislation Committee AGENDA April 16, 2024
6.CONSIDER a position recommendation to the Board of Supervisors on AB 2973
(Hart) Emergency Services, a bill that purportedly intends to clarify the statutory
responsibilities of counties, boards of supervisors, and local emergency medical
service agencies regarding EMS and ambulance services and reaffirm the
authority of the boards of supervisors in EMS and ambulance service provision
decisions.
24-1114
Attachment A-- AB 2973 (Hart) Bill Text as Amended 04.02.24
Attachment B-- AB 2973 Committee Analysis Asm Emergency Mgmt
04.08.24
Attachment C--Fact Sheet AB 2973 (Hart) EMS Coordination 4.2
Attachment D-- Oppose and Concern Position Letters
Attachment E-- Prior CCC position letters on related bills
Attachment F--AB 2973 Support Letters
Attachments:
7.CONSIDER recommending a position of "Oppose" to the Board of Supervisors
on AB 2557 (Ortega) and AB 2489 (Ward), bills that would limit the capacity of
local agencies to use contractors to provide local services .
24-1115
Attachment A: AB 2557 and AB 2489 Bill TextAttachments:
8.CONSIDER finding consistent with the adopted 2023-24 State Legislative
Platform or recommending a position of "Support" to the Board of Supervisors on
AB 3233 (Addis) Oil and gas: operations: restrictions: local authority, a bill that
authorizes a local entity, by ordinance, to limit or prohibit oil and gas operations
or development in its jurisdiction, notwithstanding any other law or any notice of
intention, supplemental notice, well stimulation permit, or similar authorization
issued by the State Oil and Gas supervisor or district deputy.
24-1116
Attachment A: AB 3233 Bill TextAttachments:
9.RECEIVE a report on the FY 24-25 State Budget and the 2024 Bills of Interest to
the County and provide direction and/or input as needed.
24-1117
Attachment A
Attachment B: CSAC 2024 Legislative Priorities
Attachment C: Bills of Interest
Attachments:
10.The next meeting is currently scheduled for Monday, May 20, 2024 at 1:00 p.m.
Page 2 of 3
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Legislation Committee AGENDA April 16, 2024
11.Adjourn
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 at (925) 655-2057 or lara.delaney@cao.cccounty.us.
Page 3 of 3
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:24-1111 Agenda Date:4/16/2024 Agenda #:3.
LEGISLATION COMMITTEE
Meeting Date: April 16, 2024
Subject:Meeting Minutes for the Legislation Committee Meeting of 03/25/24
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 March 25, 2024
meeting.
Recommendation(s)/Next Step(s):
Staff recommends APPROVAL of the Minutes for the March 25, 2024 meeting of the Legislation Committee.
Fiscal Impact (if any): None.
CONTRA COSTA COUNTY Printed on 4/12/2024Page 1 of 1
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Meeting Minutes - Draft
CONTRA COSTA COUNTY 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
1:00 PM 2255 Contra Costa Blvd., Suite 202, Pleasant
Hill | 3361 Walnut Boulevard, Suite 140,
Brentwood, CA 94513
Monday, March 25, 2024
1.Introductions
Chair Burgis convened the meeting at 1:01 p.m. from her office, noting that she would need to leave
at 2:00 p.m. for another meeting. Vice Chair Carlson joined the meeting from his office . No members
of the public 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
Luz Raygoza, EHSD staff
Emlyn Struthers, Deputy County Administrator
Monica Nino, County Administrator
Timothy Ewell, Chief Assistant County Administrator
Esa Ehmen-Krause, Chief Probation Officer
Dan Mierzwa, Treasurer-Tax Collector
Ronda Boler, Treasurer-Tax Collector staff
Jody London, CCC Sustainability Coordinator
Kendra Carr, ORESJ Co-Director
Carolyn Wysinger, Mayor Pro Tem El Cerrito
Patricia Perez, EHSD Division Manager
Geoff Neill, Nielsen Merksamer
Paul Schlesinger, Thorn Run Partners
Diane Burgis and Ken CarlsonPresent:
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.
Page 1 of 5
6
Legislation Committee Meeting Minutes - Draft March 25, 2024
3.RECEIVE and APPROVE the Meeting Minutes for the February 26, 2024
meeting of the Legislation Committee, with any necessary corrections .
24-0909
Attachments:Meeting Minutes Draft 02.26.24
The Minutes for the February 26, 2024 meeting were approved as presented.
This Item was approved.
4.RECEIVE report on legislative proposals to repeal a requirement for fixed
fees on utility bills and PROVIDE direction, as needed.
24-0910
Attachments: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
The County's Sustainability Coordinator, Jody London, provided the Committee with
additional background on the fixed fee for electricity proposed by the California Public
Utilities Commission (CPUC), in response to AB 205 (2022). Vice Chair Carlson
questioned the rationale for the proposed fee in light of the distribution fee already
charged by the utilities. AB 205 directs the CPUC to create at least three residential retail
income-graduated fixed charges for all investor-owned utilities by July 1, 2024, on the
assumption that a fixed charge would allow volumetric rates to drop and, theoretically,
distribute the cost of supporting the electric system more fairly (California Energy
Markets No. 1739).
Chair Burgis inquired about PG&E's efforts to enroll lower-income residents in the
discount programs, CARE and FERA, and whether the County's weatherization and
Low Income Home Energy Assistance Programs were assisting with the enrollment into
these discount programs. (After the meeting, staff in the Department of Conservation &
Development reported that they do actively encourage, but cannot mandate, enrollment.)
Ms. London reported that there is always room to do more with these programs although
income verification is a challenge, as incomes can frequently vary from
month-to-month.
Vice Chair Carlson indicated he would recommend to the Board a position of "Support"
on AB 1999 (Irwin) that would repeal provisions of AB 205 and, instead, permit the
CPUC to authorize fixed charges that do not exceed $5 per residential customer account
for customers enrolled in CARE and $10 per month for customers not enrolled in
CARE, adjustable by the Consumer Price Index (CPI) for the prior calendar year . Chair
Burgis noted that more enrollment in the CARE (and FERA) programs needs to occur
but supported Vice Chair Carlson's motion. Public comment was received from Carolyn
Wysinger, Mayor Pro tem of El Cerrito, who expressed appreciation to Vice Chair
Carlson for bringing her into the conversation.
Recommend a position of "Support" on AB 1999.
5.RECEIVE a report on federal matters of interest to the County and provide
direction and/or input, as needed.
24-0911
Page 2 of 5
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Legislation Committee Meeting Minutes - Draft March 25, 2024
Attachments:Attachment A
The County's federal lobbyist, Paul Schlesinger of Thorn Run Partners, provided an
update to the staff report in the packet, noting that the President had signed the final FY
2024 $1.2 trillion six-bill appropriations package on Saturday, March 23, thereby
preventing a partial government shutdown . With this action, the final outcome of the
County's FY 2024 "Community Project Funding" (formerly known as "earmarks")
requests were known: $1,431,222 for the Concord Shelter and Service Center Roofing
Project; $1,000,000 for the San Pablo Avenue Complete Street /Bay Trail Gap Closure
Project; $963,000 for Underserved and Unserved Survivors from Unsolved Shootings;
$150,000 for the Knightsen Wetland Restoration project. He also noted that Congress
would be out of session for the next two weeks for their District Work period . No public
comment was received.
This 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.
24-0912
Attachments: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
Chief Assistant County Administrator Tim Ewell provided an oral update to the
Committee, noting the advocacy efforts that had been undertaken at the federal, state,
and local agency levels to advocate for full reimbursement of the County's COVID-19
Public Assistance FEMA claims related to Non-Congregate Shelter (NCS) costs . He also
covered the tracking spreadsheet (Attachment A) that provides the status of the claims .
Chair Burgis inquired about tracking the waiting time; Mr . Ewell pointed to a column
with the months of review time for the project claims . He noted that the NCS projects
were taking longer than the rest, likely due to FEMA's need to address the policy issues
at hand. Vice Chair Carlson inquired about the $15.8 million project for COVID testing
that had been obligated but not paid. He indicated it would be good to have the payment
received by the County before the Board takes action on the final ARPA allocations . He
inquired about the pass-through timing on the funds . Mr. Ewell indicated a notice of
payment had been received on Thursday from CalOES, but the funds had not yet
arrived. Chair Burgis expressed optimism about a good result from the advocacy efforts
undertaken to ensure full reimbursement of eligible costs . No public comment was
received.
This 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.
24-0913
Page 3 of 5
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Legislation Committee Meeting Minutes - Draft March 25, 2024
Attachments:Attachment A
Attachment B-- UCC Bills of Interest
The County's state lobbyist, Geoff Neill from Neilsen Merksamer, provided an oral
update to the staff report in the packet. He reported that while the State's revenues in
February were improved, the Senate was taking action to address the projected budget
deficit through "Early Actions" that were intended to reduce the deficit by
approximately half, though the details were not yet in print . Vice Chair Carlson
requested information on County programs that were at-risk due to proposed budget
cuts.
Mr. Neill also noted that Spring Break had begun for the Legislature on March 21 and
would end April 1. He discussed the passage of Prop. 1 on the March ballot and the
progress on gender equity in the Legislature. Because Chair Burgis had to leave the
meeting (this item was heard last on the agenda), Vice Chair Carlson inquired about
specific bills of interest including AB 2710 related to active shooter incidents .
This Item was received.
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
Attachments:Attachment A-- AB 2882 Bill Text as introduced
Chief Probation Officer Ehmen-Krause addressed the Committee about her concerns
with AB 2882 and the recommendation to oppose it. The concerns centered around the
report requirement with more expansive data components, which the Board would have
to verify, and the unfunded mandate imposed by the bill . She also addressed the bill's
proposed membership changes, which would impact quorum and voting requirements .
The Committee members supported the bill going forward to the Board with the
"Oppose" recommendation. There were no public comments .
Recommend a position of "Oppose" to the Board.
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
Attachments:Attachment A--SB 964 as amended
Attachment B-- SB 964 (Seyarto) CACTTC Oppose Unless Amended
Letter 2.15.24
County Treasurer-Tax Collector Dan Mierzwa provided comments to the Committee
about his concerns with SB 964 which led to his recommendation to "Oppose Unless
Page 4 of 5
9
Legislation Committee Meeting Minutes - Draft March 25, 2024
Amended." He also noted the similar positions of the California Association of County
Treasurers and Tax Collectors, as well as the County Auditors' association. The
Committee concurred with the recommendation . There were no public comments.
Recommend a position of "Oppose Unless Amended" to the Board.
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
Attachments:Attachment A: AB 2561 (McKinnor) bill text
County Administrator Monica Nino addressed the Committee and shared her concerns
with AB 2561, leading to the recommendation to oppose the bill . She discussed the labor
shortage and its impact on vacancies throughout the organization . Vice Chair Carlson
indicated that the County is working hard to fill vacancies . State lobbyist Geoff Neill
noted the experience of other local government agencies, where vacancy rates can be
well over 30%. The Committee concurred with the recommendation . There were no
public comments.
Recommend a position of "Oppose" to the Board.
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
Attachments:Attachment A: SB 1013 (Bradford) as amended
The Committee received a recap of the report in the packet, highlighting the policy in the
adopted 2023-24 State Legislative Platform that could be the basis of a consistency
finding for SB 1013. The Committee members concurred that the bill was consistent .
There were no public comments.
Find the bill consistent with the adopted Platform.
12.The next meeting is currently scheduled for Tuesday, April 16, 2023 at 10:00 a.m.
13.Adjourn
Vice Chair Carlson adjourned the meeting at 2:07 p.m.
Page 5 of 5
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CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:24-1112 Agenda Date:4/16/2024 Agenda #:4.
LEGISLATION COMMITTEE
Meeting Date: April 16, 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: P. Schlesinger & J. 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:
See Attachment A.
Recommendation(s)/Next Step(s):
RECEIVE the report and provide direction/input as needed.
Fiscal Impact (if any):
CONTRA COSTA COUNTY Printed on 4/12/2024Page 1 of 1
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CSAC: Congress Returns to Action After Two-Week Break
April 11, 2024
After a two-week recess, lawmakers returned to the nation’s capital to face a full slate of
politically fraught issues. Top of mind for House and Senate leaders is a military-aid package for
Ukraine and Israel, as well as a foreign intelligence surveillance reauthorization package. Absent
any sort of consensus in the House, all three are indefinitely delayed. House Republicans are also
expected to present their impeachment articles against Homeland Security Secretary Alejandro
Mayorkas next week. Senate Democrats, however, could bypass a trial entirely if the full caucus
bands together in support of a motion to seek the immediate dismissal of the case against
Mayorkas.
In the meantime, House lawmakers did manage to forge a bipartisan agreement on legislation
(H.R. 6655) that would reauthorize the Workforce Innovation and Opportunity Act (WIOA).
WIOA is the nation’s primary workforce development and training law and provides funding to
state agencies to help job seekers access employment, education, training, and support services.
If enacted, the WIOA reauthorization bill would fund the system through 2030 and provide
billions of dollars to states to support training and career services for adults, dislocated workers,
and youth.
The legislation, which overwhelmingly passed the House on April 9, also aims to make
improvements to WIOA. For example, and among other proposed reforms, H.R. 6655 would
dedicate 50 percent of adult and dislocated worker funding toward upskilling workers through
“individual training accounts” (ITAs) and on-the-job learning. The bill also places a greater
emphasis on work-based learning for youth and on workforce education programs at community
colleges that align with in-demand jobs. The measure is now pending before the Senate, though
it’s unclear when – or if – it will be considered by the upper chamber.
While the path forward for WIOA in the Senate remains unclear, Majority Leader Chuck
Schumer (D-NY) recently outlined his priorities for the coming weeks and months. According to
Schumer, the upper chamber will take action on bipartisan bills that enhance national security,
advance online safety for kids and promote innovation, expand the Child Tax Credit, combat the
fentanyl crisis, address rail safety, ensure internet affordability, safeguard cannabis banking, and
lower the cost of prescription drugs, among other bills.
Legislation Introduced to Increase Affordable Housing Supply
Representatives Adam Schiff (D-CA) and Jimmy Gomez (D-CA) recently introduced legislation
– the Government Facilities to Affordable Housing Conversion Act (H.R. 7826) – that
incentivizes the conversion of unused government buildings into affordable housing units.
Specifically, H.R. 7826 would direct the Department of Housing and Urban Development
(HUD), the General Services Administration (GSA), and the Office of Management and Budget
(OMB) to work in coordination to identify vacant and underutilized federal buildings that would
be suitable for residential use development, maintain public list sale opportunities, and provide
an annual report to Congress on these efforts. The legislation would create a new grant program
to support states and local governments for housing conversion efforts also would provide
Attachment A
12
additional funding to study the effectiveness of office building to residential property
conversions. The bill has been endorsed by CSAC.
Bipartisan Legislation Introduced to Help Harden Homes Against Disasters
Representatives Mike Thompson (D-CA) and Doug LaMalfa (R-CA) recently introduced
bipartisan legislation – the Disaster Resiliency and Coverage Act of 2024 (H.R. 7849) – that
would incentivize homeowners to mitigate disaster risks on their property. Specifically, H.R.
7849 would establish a new grant program through which individual households in designated
disaster-prone regions would be eligible for up to $10,000 for specified disaster resiliency work
on their homes. The legislation stipulates that payments from State-run disaster resiliency
programs and payments from various federal emergency agricultural programs would not be
considered income for federal tax purposes. Finally, the bill would provide a 30 percent tax
credit for qualified disaster risk mitigation activities conducted by individuals or businesses. The
credit is meant to complement the grant program by providing meaningful assistance to larger
property owners for whom mitigation activity costs would far exceed $10,000. The text of the
legislation can be accessed here.
Treasury Department Releases New FAQs on ARPA SLFRF Funds
On March 29, the Treasury Department released new FAQs related to the Obligation Interim
Final Rule (IFR) for the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery
Fund (SLFRF). The updates will grant additional flexibilities for county SLFRF expenditures.
Among other things, the new guidance will extend personnel costs coverage for any SLFRF-
eligible position through December 31, 2026 that is established prior to the December 31, 2024
obligation deadline. In addition, sub-recipients will not be subject to the December 31, 2024,
obligation deadline. It also will provide new flexibility to reclassify excess funds for SLFRF-
eligible uses after the December 31, 2024 obligation deadline.
OMB Finalizes Guidance to Make Grants More Accessible and Transparent
The White House Office of Management and Budget (OMB) recently updated its Uniform
Grants Guidance to help streamline and clarify requirements for Federal funding. Among other
things, the changes aim to achieve goals such as eliminating several prior-approval requirements,
revising Notices of Funding Opportunities requirements to make it easier for potential applicants
to seek grants, and expanding grant accessibility by eliminating English language requirements
on various grant documents. The guidance will also allow recipients to utilize grant funding to
establish or bolster data infrastructure capabilities. OMB is also publishing an implementation
memorandum that will direct agencies to put the revisions into effect by October 1, 2024, and
provide additional tools to strengthen and streamline the administration of Federal financial
assistance.
Attachment A
13
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:24-1113 Agenda Date:4/16/2024 Agenda #:5.
LEGISLATION COMMITTEE
Meeting Date: April 16, 2024
Subject:SB 1057 (Menjivar) Juvenile Justice Coordinating Council
Submitted For: Chief Probation Officer, Esa Ehmen-Krause
Department: Probation Department
Referral No:
Referral Name: SB 1057
Presenter: Esa Ehmen-Krause
Contact: L. DeLaney, 925-655-2057
Referral History:
Chief Probation Officer Esa Ehmen-Krause has requested that the County take an “Oppose” position on SB
1057. The Board’s adopted 2023-24 State Legislative Platform does not contain any related policy direction,
which necessitates Legislation Committee consideration.
The Chief Probation Officers of California have taken an “Oppose” position on the bill. (See Attachment A.)
Referral Update:
SB 1057 Bill Summary:
Under existing law, there is established in each county treasury a Supplemental Law
Enforcement Services Account (SLESA) to receive all amounts allocated to a county for
specified purposes. Existing law requires the moneys to be allocated in specified amounts,
including, but not limited to, 50% to a county or city and county to implement a comprehensive
multiagency juvenile justice plan, as specified. Existing law requires the juvenile justice plan to
be developed by the local juvenile justice coordinating council in each county and city and
county. Existing law requires the plan to be annually reviewed and updated by the council and
submitted to the Board of State and Community Corrections. Existing law requires a county or
city and county to submit a report to the board of supervisors and the board to assess the
effectiveness of the programs, strategies, and system enhancements funded under these
provisions and specifies the information to be included in the report. This bill would require a
county or city and county to establish a juvenile justice coordinating council in order to obtain
funding under these provisions. The bill would require the board to evaluate if a county or a city
and county has complied with the requirements of these provisions and would authorize the
board or any state agency overseeing the administration of these funds to determine an
appropriate remedial action or to withhold funding if a county or city and county fails to create a
juvenile justice coordinating council. The bill would revise required components of the
multiagency juvenile justice plan to, among other things, additionally require a plan to include an
assessment of existing community-based youth development services, identification and
prioritization of areas of the community that are vulnerable to court system involvement due to
high rates of poverty and the incarceration of at-promise youth’s family members, among other
things, and a description of the target population funded under these provisions. The bill would
require assessments to prioritize soliciting direct feedback on youth participants’ satisfaction with
CONTRA COSTA COUNTY Printed on 4/12/2024Page 1 of 3
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File #:24-1113 Agenda Date:4/16/2024 Agenda #:5.
Under existing law, there is established in each county treasury a Supplemental Law
Enforcement Services Account (SLESA) to receive all amounts allocated to a county for
specified purposes. Existing law requires the moneys to be allocated in specified amounts,
including, but not limited to, 50% to a county or city and county to implement a comprehensive
multiagency juvenile justice plan, as specified. Existing law requires the juvenile justice plan to
be developed by the local juvenile justice coordinating council in each county and city and
county. Existing law requires the plan to be annually reviewed and updated by the council and
submitted to the Board of State and Community Corrections. Existing law requires a county or
city and county to submit a report to the board of supervisors and the board to assess the
effectiveness of the programs, strategies, and system enhancements funded under these
provisions and specifies the information to be included in the report. This bill would require a
county or city and county to establish a juvenile justice coordinating council in order to obtain
funding under these provisions. The bill would require the board to evaluate if a county or a city
and county has complied with the requirements of these provisions and would authorize the
board or any state agency overseeing the administration of these funds to determine an
appropriate remedial action or to withhold funding if a county or city and county fails to create a
juvenile justice coordinating council. The bill would revise required components of the
multiagency juvenile justice plan to, among other things, additionally require a plan to include an
assessment of existing community-based youth development services, identification and
prioritization of areas of the community that are vulnerable to court system involvement due to
high rates of poverty and the incarceration of at-promise youth’s family members, among other
things, and a description of the target population funded under these provisions. The bill would
require assessments to prioritize soliciting direct feedback on youth participants’ satisfaction with
existing services and resources. The bill would require programs and strategies funded under
these provisions to, among other things, be modeled on healing-centered, restorative, trauma-
informed, and positive youth development approaches and in collaboration with community-
based organizations. The bill would prohibit the sharing of personally identifying information
across agencies without informed, voluntary, revocable, and written consent of youth participants
or their parents or legal guardians. The bill would require a council to include additional
information in its annual report to the board of supervisors and the board relating to their
programs, including data on youth participants and council members.(Based on text date
3/19/2024)
History
04/05/2024 Set for hearing April 23.
04/03/2024 Re-referred to Com. on PUB S.
03/19/2024 From committee with author's amendments. Read second time and amended. Re-
referred to Com. on RLS.
02/21/2024 Referred to Com. on RLS.
02/09/2024 From printer. May be acted upon on or after March 10.
02/08/2024 Introduced. Read first time. To Com. on RLS. for assignment. To print.
See Attachment A for a summary of the bill from UCC and a link to the bill text.
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File #:24-1113 Agenda Date:4/16/2024 Agenda #:5.
Recommendation(s)/Next Step(s):
CONSIDER recommending a position of “Oppose” on SB 1057 (Menjivar) to the Board of Supervisors on their
May 14, 2024 consent agenda.
Fiscal Impact (if any): The bill could hinder local control and discretion over JJCPA funds.
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The Urban Counties of California provide the following summary of SB 1057:
Newly Amended Bill Would Recast JJCPA Planning Body and Process
Like several bills that have been put before the Legislature in recent years – including AB 1007
(Jones-Sawyer, 2020), SB 493 (Bradford, 2021) and AB 702 (Jackson, 2023) – recently amended
SB 1057, by Senator Caroline Menjivar, proposes to make considerable changes to the local
planning body and associated process for the deployment of Juvenile Justice Crime Prevention
Act (JJCPA) funds. These funds were realigned to counties in 2011 and serve as the bedrock of
virtually all counties’ juvenile justice systems.
Summarized below are the principal provisions of SB 1057:
Recasts the composition of the Juvenile Justice Coordinating Council (JJCC), the body
responsible for developing the multiagency juvenile justice plan;
o Requires that the JJCC be comprised of at least half community representatives
and the remainder from governmental entities;
o Specifies that the JJCC shall elect two co-chairs, at least one of whom is a
community representative.
Requires the JJCC to meet at least three times per year and further specifies other
requirements to facilitate public participation;
Confers authority to the Board of State and Community Corrections (BSCC) or other
state entity with oversight over administration of these funds to determine remedial action
or to withhold JJCPA funding if a county fails to establish a JJCC;
Amends and expands the required elements of the comprehensive multiagency juvenile
justice plan developed by the JJCC;
Expands requirements that programs and strategies funded with JJCPA funds must meet;
References a new request for proposal (RFP) process for JJCPA funds, which is virtually
identical to the process amended into the March 23, 2023 version of AB 702 by
Assembly Member Jackson; specifies that a local agency other than a law enforcement
related agency – with a stated preference for behavioral health-related local agencies –
must administer the RFP; and
Requires new, detailed reporting to the state about JJCC membership and meeting dates.
While previous measures referenced above expressly sought to redirect the majority of JJCPA
funds to community-based organizations, similar provisions that specify an explicit
reprioritization of funds to CBOs are not included in SB 1057. However, the far-reaching
amendments to the existing local planning process and JJCC composition are certainly intended
to have the same effect.
SB 1057 has been referred to the Senate Public Safety Committee but has not yet been scheduled
for hearing.
Attachment A
17
April 9, 2024
The Honorable Caroline Menjivar
California State Senate
1021 O Street, Suite 6720
Sacramento, CA 95814
Subject: SB 1057 – CPOC Oppose
On behalf of the Chief Probation Officers of California (CPOC), we write in
opposition to SB 1057 which would repurpose and reprioritize new processes
thereby redirecting the expenditure of critical juvenile justice investments
which are expended in accordance with research-based standards and
producing highly effective results. This funding has been foundational to
supporting positive youth outcomes resulting in a 60 percent decline in youth
detention rates and a 73 percent decline in juvenile arrest rates over the last
decade. Additionally, the bill seeks to revise the composition of local Juvenile
Justice Coordinating Councils and make changes to multiagency juvenile justice
plans. In so doing, this bill seeks to do away with collaborative and multi-agency
approaches currently relied upon which have been essential tools in supporting
an entire continuum that prevents juveniles from becoming more formally
system involved through effectuating successful and expeditious re-entry post
system involvement. This measure largely mirrors failed previous legislative
efforts – AB 1007 (Jones-Sawyer, 2020) and SB 493 (Bradford, 2021) and AB
702 (Jackson, 2023).
First, it is important to understand that the current system supports both
transparency and multi-disciplinary voices as fundamental pieces to advise the
direction of these plans in each of the 58 counties. County probation
departments have invested resources and organizational culture changes in the
evolution of the juvenile justice system for over the past two decades by
integrating system responses and focusing on the development of a continuum
from prevention to re-entry. JJCPA supports our ability to provide cognitively
designed, evidence-based and trauma-informed care. These efforts manifest in
EXECUTIVE COMMITTEE
President
Chief Kelly Vernon
Tulare County
President Elect
Chief Steve Jackson
San Joaquin County
Secretary/Treasurer
Chief Esa Ehmen-Krause
Contra Costa County
Legislative Chair
Chief Kirk Haynes
Fresno County
Past Presidents
Chief Mark J. Bonini
Amador County
Chief Brian Richart
El Dorado County
Chief John Keene
San Mateo County
Chief Jennifer Branning
Lassen County
Bay Region Chair
Chief Katherine Miller
San Francisco - J County
Central Region Chair
Chief Robert Reyes
San Luis Obispo County
North Region Chair
Chief Izen Locatelli
Mendocino County
Sacramento Region Chair
Chief Jeff Goldman
Nevada County
South Region Chair
Chief Tamika Nelson
San Diego County
Executive Director
Karen A. Pank
Deputy Director
Rosemary Lamb McCool
2150 River Plaza, Suite 310
Sacramento, CA 95833
T 916.447.2762
www.cpoc.org
Attachment A
18
either partnerships with other system stakeholders, contracts with non-governmental entities where
appropriate, or specific skill building within the probation department to deliver direct prevention
services and programming. SB 1057 would create further instability at a time when we are absorbing
the responsibility and liability of moving the entire continuum to probation and counties as continue
to advance the historical progress made to divert youth away from detention.
Second, SB 1057 would impact county funding in several ways.
• New language in the bill would allow the State via the Board of State and Community
Corrections to withhold the funding if a county fails to establish a juvenile justice
coordinating council. This mechanism is subjective, unclear, and sets a precedent for
funding to counties to be withheld for service delivery that is provided by counties.
• Establishes a new request for proposals process for these funds to be disbursed and
would prohibit a law-enforcement related agency from overseeing the process.
Utilizing this process can result in bifurcated processes to get funding out into the field
and into programs and may further delink the ability to fund programs and efforts that
reflect the multiagency plan.
• Redirection of important investments in local systems would create instability and
diminution for the provision of necessary supports and services for youth in our
communities. We would reiterate the constitutional concerns associated with the
requirement to redirect JJCPA resources, given that this funding resides within the 2011
fiscal structure that is constitutionally protected under the provisions of Proposition 30
(2012).
• Changes and adds new elements and information within what is required to be included
in the local plans.
• Changes and adds new requirements for information that is included in the annual report
to the State.
Third, while we support and acknowledge the benefit of having multiple perspectives on this
committee, the local councils currently include an at-large community member as well as
representatives from nonprofit community-based organizations providing services to minors.
However, we are concerned that the changes proposed in this bill will have the adverse impact to its
stated goals. It is important to note that there are instances within the current committee
composition that despite probation’s best effort to obtain participation for all of the members, there
have been challenges in doing so. By requiring, rather than authorizing, additional members, it
would create considerable obstacles rather than opportunities to fulfill the goals of the committee.
Further, the changes to the composition further exacerbate the issues noted above regarding the
ability of the state to withhold funding if a council is not established. Counties and probation are
statutorily responsible for the safety and rehabilitation of all youth across the juvenile continuum,
yet this bill removes probation from the role of coordinating the planning process with these
statutory duties . Therefore, probation and counties take on the responsibility and accountability for
Attachment A
19
outcomes of juvenile services without the ability to coordinate and guide the plans to meet the goals,
outcomes and requirements.
In conclusion, it is unclear how the approach in this bill, for the reasons outlined above, would support
the advancement of integrated and coordinated delivery of juvenile prevention and diversion services.
The provisions in this bill further bifurcate planning, program funding, and holistic efforts towards the
outcomes outlined in the locally developed plan and from the historical progress to prevent and divert
through from the juvenile justice system. It is also unclear why this change is being proposed in light of
the evolution and decline of youth in detention and with counties’ significant focus on preventing youth
from coming into contact with the juvenile justice system through efforts such as JJCPA over the last
decade.
For these reasons, we respectfully oppose SB 1057.
Sincerely,
Danielle Sanchez
Legislative Director
Cc: All Members and Consultants of the Senate Public Safety Committee
Attachment A
20
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:24-1114 Agenda Date:4/16/2024 Agenda #:6.
LEGISLATION COMMITTEE
Meeting Date: April 16, 2024
Subject:AB 2973 (Hart) Emergency Services
Submitted For: Legislation Committee
Department: County Administrator’s Office
Referral No:
Referral Name: AB 2973
Presenter: Marshall Bennett, Director of Emergency Medical Services; Lewis Broschard, Fire Chief of Contra
Costa County Fire Protection District
Contact: L. DeLaney, 925-655-2057
Referral History:
The Contra Costa County Board of Supervisors has a recent history of legislative advocacy related to
Emergency Medical Services bills. In 2021, the County successfully sponsored and advocated for AB 389
(Grayson), a bill that authorizes the Fire District to continue to utilize the effective “Fire-EMS Alliance” model
as well as provide this subcontracting model as an option for other counties and fire agencies to use for their
own emergency ambulance deployment systems.
The County has also taken “Oppose” positions on two recent bills: SB 443 (2022) and AB 1168 (2023). See
Attachment E for more information.
AB 2973 (Hart) was brought to the attention of Legislation Committee staff by both the County Director of
Emergency Medical Services, Marshall Bennett, and the Fire Chief of Contra Costa County Fire Protection
District, Lewis Broschard. Their respective statewide associations have taken opposing advocacy positions on
the bill, with the EMSAAC on record to oppose the bill, and the California Fire Chiefs Association (CalChiefs)
and the Fire Districts Association of California (FDAC) in support. The California State Association of
Counties (CSAC) is presently reviewing the bill and has no formal position. The Urban Counties of California
(UCC) has expressed concerns. (See Attachment D for position letters.)
The Board of Supervisors’ adopted 2023-24 State Legislative Platform contains the following related policies:
·SUPPORT legislation to maintain or strengthen the authority and governing role of counties and their
local emergency medical services agencies to plan, implement, and evaluate all aspects and components
of the emergency medical services system.
·SUPPORT legislation to maintain or strengthen the administration and medical control of emergency
medical services, pre-hospital emergency medical care, and ambulance services at the county level.
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·SUPPORT legislation that provides adequate and stable funding for LEMSAs and EMS systems
components including but not limited to: EMS administration, trauma systems, specialty centers (e.g.
trauma, pediatric, cardiac, stroke), ambulance transport, emergency and disaster preparedness and
response, reimbursable transport to alternate destinations, and uncompensated care by emergency
department physicians and on-call specialists.
·OPPOSE legislation that would threaten or weaken the authority and governing role of counties or local
medical control over the locally coordinated and standardized provision of emergency medical services.
·OPPOSE legislation that may result in the fragmentation of the emergency medical services systems,
prehospital emergency medical care, and ambulance services.
·OPPOSE legislation that would prevent or weaken the ability of the LEMSA Medical Director to assure
medical control of the EMS system.
Referral Update:
AB 2973 (Hart): For the bill text, see Attachment A. The analysis for the Assembly Committee on Emergency
Management is Attachment B. For the Fact Sheet from the author, see Attachment C.
Summary
Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel
Act, governs local emergency medical services (EMS) systems, authorizes each county to develop an EMS
program and designate a local EMS agency, and requires the Emergency Medical Services Authority to receive
plans for the implementation of EMS systems from local EMS agencies, as specified. Existing law requires a
county to enter into a written agreement with a city or fire district that contracted for or provided prehospital
EMS as of June 1, 1980. Existing law requires, until that written agreement is reached, prehospital EMS to be
continued at not less than the existing level and the administration of prehospital EMS by cities and fire
districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire
districts, as specified.
This bill would authorize a county board of supervisors to provide or support the provision of EMS to persons
located within the county, as specified. The bill would require the county board of supervisors to review and
approve a single-county local EMS agency’s plans for the EMS system prior to the submission of the plans to
the authority, and would require a multicounty local EMS agency’s plans to be approved as provided for in the
contract between the counties and the agency, as provided for in the joint powers agreement that created the
agency, or by the board of supervisors in each of the counties served by the agency prior to the submission of
the plans to the authority. This bill contains other related provisions and other existing laws. (Based on text
date 4/2/2024)
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File #:24-1114 Agenda Date:4/16/2024 Agenda #:6.
Analysis of the bill from the Contra Costa County Director of Emergency Medical Services, Marshall Bennett,
follows:
“AB 2973 is sponsored by Assembly Member Hart of Santa Barbara and attempts to depart from existing
statutory emergency ambulance procurement process. The bill provides options for ambulance contracting at
the sole discretion of counties' Boards without a requirement for any procurement process. This action would
circumvent existing statutory process (California Health and Safety Code Section 1797.224) that provides for
an objective, transparent, competitive, and anti-trust immune procurement process. The contracting pathways
this bill intends to create would result in de facto exclusivity for an Operational Area, unless the Board
authorized all ambulance providers that were qualified and interested in providing emergency ambulance
service to do so. If the contracting pathways of this bill are codified and exercised by counties, the result will
either be anti-trust exposure for the county or an unmanageable and fragmented EMS system with multiple
providers.
For each county in California, the local Board of Supervisors designates either the Local Emergency Medical
Services Agency (LEMSA) or engages in a Joint Powers Authority (JPA) model where a LEMSA has a multiple
county jurisdiction. In both paradigms, each county's Board has the authority to approve or disapprove of the
procurement process within their county that the LEMSA submits to them. Additionally, the authority to award
the contract to a prospective bidder lies solely with the Board. In the event the Board is not satisfied with the
outcome of the competitive procurement process, the Board can direct the LEMSA to begin a new procurement
process that is aligned with statute. This bill intends to put the full discretion of procurement of emergency
ambulance service and contracting on the board of supervisors without the benefit and protection of a
structured, objective, competitive, and publicly transparent process. A multi-year service contract that protects
the health and safety of the community should rely on a structured and publicly transparent process that is
defendable, ensures the best available care for the public, and is immune from anti-trust exposure. The current
statutory process supports these outcomes.
Over the last three years there has been a bill during each legislation season that seeks to reduce the public
health and safety protection standards that the EMS Act (CA HSC) offers us today.”
The bill has been referred to the Assembly Committee on Health, having passed out of Assembly Committee on
Emergency Management (6-0-2).
History
4/8/2024 - VOTE: Do pass as amended and be re-referred to the Committee on [Health] (PASS)
04/03/2024 Re-referred to Com. on E.M.
04/02/2024 From committee chair, with author's amendments: Amend, and re-refer to Com. on
E.M. Read second time and amended.
04/01/2024 Re-referred to Com. on E.M.
03/21/2024 Referred to Coms. on E.M. and HEALTH. From committee chair, with author's
amendments: Amend, and re-refer to Com. on E.M. Read second time and amended.
02/17/2024 From printer. May be heard in committee March 18.
02/16/2024 Read first time. To print.
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File #:24-1114 Agenda Date:4/16/2024 Agenda #:6.
Recommendation(s)/Next Step(s):
CONSIDER recommending a position on AB 2973 (Hart) to the Board of Supervisors on their May 14, 2024
consent agenda.
Fiscal Impact (if any): Unknown.
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AMENDED IN ASSEMBLY APRIL 2, 2024
AMENDED IN ASSEMBLY MARCH 21, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2973
Introduced by Assembly Member Hart
February 16, 2024
An act to amend Section 1797.202 of, and to add Section 1797.234
to, to the Health and Safety Code, relating to emergency medical
services.
legislative counsel’s digest
AB 2973, as amended, Hart. Emergency services.
Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, governs local
emergency medical services (EMS) systems, authorizes each county to
develop an EMS program and designate a local EMS agency, and
requires the Emergency Medical Services Authority to receive plans
for the implementation of EMS systems from local EMS agencies, as
specified. Existing law requires a county to enter into a written
agreement with a city or fire district that contracted for or provided
prehospital EMS as of June 1, 1980. Existing law requires, until that
written agreement is reached, prehospital EMS to be continued at not
less than the existing level and the administration of prehospital EMS
by cities and fire districts contracting for or providing those services as
of June 1, 1980, to be retained by those cities and fire districts, as
specified.
This bill would authorize a county board of supervisors to provide or
support the provision of EMS to persons located within the county,
97
Attachment A
25
including indigent persons, as specified. The bill would require the
county board of supervisors to review and approve a single-county local
EMS agency’s plans for the EMS system prior to the submission of the
plans to the authority. authority, and would require a multicounty local
EMS agency’s plans to be approved as provided for in the contract
between the counties and the agency, as provided for in the joint powers
agreement that created the agency, or by the board of supervisors in
each of the counties served by the agency prior to the submission of the
plans to the authority.
Existing law authorizes a local EMS agency to create one or more
exclusive operating areas in the development of a local plan, if a
competitive process is used to select the service provider pursuant to
the plan, with specified exceptions.
This bill would require the county and the EMS agency that elect to
use the above-described competitive process to meet certain
requirements.
Existing law requires a local EMS agency to have a licensed physician
and surgeon, as specified, as medical director to provide medical control
and to assure medical accountability for the EMS system, as specified.
This bill would make the official conduct of the medical director and
their staff subject to the supervision of a county board of supervisors,
as specified.
The bill would make related findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) The Legislature finds and declares all of the
line 2 following:
line 3 (1) The Legislature designed the Emergency Medical Services
line 4 System and the Prehospital Emergency Medical Care Personnel
line 5 Act, Division 2.5 of the Health and Safety Code (EMS Act) to
line 6 encourage coordination and planning among the state, local
line 7 governments, and private providers to achieve the most effective
line 8 and cost-effective prehospital emergency medical services (EMS)
line 9 on a countywide or regionwide basis.
line 10 (2) The EMS Act defines the roles, responsibilities, and
line 11 functions of the Emergency Medical Services Authority (Authority)
line 12 and the local EMS agencies, and some, but not all, of the roles,
97
— 2 — AB 2973 Attachment A
26
line 1 responsibilities, and functions of the counties and boards of
line 2 supervisors regarding prehospital EMS and ambulance services.
line 3 (3) Since the enactment of the EMS Act, the courts in Hunt v.
line 4 Superior Court (1999) 21 Cal.4th 984, City of Lomita v. County
line 5 of Los Angeles (1983) 148 Cal.App.3d 671, City of Lomita v.
line 6 Superior Court (1986) 186 Cal.App.3d 479, and Fuchino v.
line 7 Edwards-Buckley (2011) 196 Cal.App.4th 1128, determined that
line 8 a county has the obligation to provide EMS and ambulance services
line 9 to all persons located in the county and to relieve indigent county
line 10 residents of the cost of paying for such services pursuant to Section
line 11 17000 of the Welfare and Institutions Code (established prior to
line 12 the EMS Act), and articulated the county’s options for fulfilling
line 13 such obligations.
line 14 (4) In turn, Section 17001 of the Welfare and Institutions Code
line 15 provides that the board of supervisors of each county, or the agency
line 16 authorized by county charter, shall adopt standards for the medical
line 17 care for indigent county residents.
line 18 (5)
line 19 (3) Other statutory authorities and obligations of a county and
line 20 the board of supervisors regarding the provision and regulation of
line 21 ambulance services, whether by public or private agreement,
line 22 permit, license, or other means, and the provision of ambulance
line 23 services for indigent county residents are located in statutes outside
line 24 of the EMS Act including, but not limited to, Sections 25369.5,
line 25 26612, 29606, and 54980 through 54983, inclusive, of the
line 26 Government Code, Sections 1443 through 1445, inclusive, 1451
line 27 through 1455, inclusive, and 1473 through 1475, inclusive, of the
line 28 Health and Safety Code, Section 2512 of the Vehicle Code, and
line 29 Sections 14136 and 16817 of the Welfare and Institutions Code.
line 30 (6)
line 31 (4) As a result of how and where these various statutory
line 32 authorities are codified, significant confusion and uncertainty in
line 33 the state exists regarding the statutory authorities, roles,
line 34 responsibilities, rights, obligations, and functions of counties,
line 35 boards of supervisors, and local EMS agencies regarding
line 36 prehospital EMS and ambulance services and the interplay of
line 37 statutes addressing these services within and outside of the EMS
line 38 Act.
line 39 (b) It is the intent of the Legislature in enacting this act to clarify
line 40 do both of the following:
97
AB 2973 — 3 — Attachment A
27
line 1 (1) Clarify the statutory authorities, roles, responsibilities,
line 2 rights, obligations, and functions of counties, boards of supervisors,
line 3 and local EMS agencies regarding EMS and ambulance services.
line 4 (2) Reaffirm the authority of boards of supervisors to decide,
line 5 as a policy matter, whether to provide prehospital EMS and
line 6 ambulance services to persons located within the county’s
line 7 jurisdiction through a county department or agency or by
line 8 contracting with other local agencies or private providers.
line 9 SEC. 2. Section 1797.202 of the Health and Safety Code is
line 10 amended to read:
line 11 1797.202. (a) Every local EMS agency shall have a full- or
line 12 part-time licensed physician and surgeon as medical director, who
line 13 has substantial experience in the practice of emergency medicine,
line 14 as designated by the county or by the joint powers agreement, to
line 15 provide medical control and to assure medical accountability
line 16 throughout the planning, implementation and evaluation of the
line 17 EMS system. The authority director may waive the requirement
line 18 that the medical director have substantial experience in the practice
line 19 of emergency medicine if the requirement places an undue hardship
line 20 on the county or counties.
line 21 (b) The medical director of the local EMS agency may appoint
line 22 one or more physicians and surgeons as assistant medical directors
line 23 to assist the medical director with the discharge of the duties of
line 24 medical director or to assume those duties during any time that
line 25 the medical director is unable to carry out those duties as the
line 26 medical director deems necessary.
line 27 (c) The medical director may assign to administrative staff of
line 28 the local EMS agency for completion under the supervision of the
line 29 medical director, any administrative functions of their duties which
line 30 do not require their professional judgment as medical director.
line 31 (d) The official conduct of the local EMS agency’s medical
line 32 director, assistant medical directors, and administrative staff is
line 33 subject to the supervision of the board of supervisors pursuant to
line 34 Section 25303 of the Government Code.
line 35 (e) Nothing in this section affects, modifies, limits, or otherwise
line 36 impairs the medical control of the medical director of a local EMS
line 37 agency granted under the EMS Act.
line 38 (f) Nothing in this section affects, modifies, limits, or otherwise
line 39 impairs the authority’s enumerated powers and authority under
line 40 the EMS Act.
97
— 4 — AB 2973 Attachment A
28
line 1 (g) The Legislature finds and declares that the changes made
line 2 by the act that added this subdivision are declaratory of existing
line 3 law.
line 4 SEC. 3.
line 5 SEC. 2. Section 1797.234 is added to the Health and Safety
line 6 Code, to read:
line 7 1797.234. (a) The county and the board of supervisors may
line 8 exercise their statutory authority authority, including their statutory
line 9 authority regarding prehospital EMS and ambulance services to
line 10 perform their functions and obligations under this division and
line 11 Part 5 (commencing with Section 17000) of Division 9 of the
line 12 Welfare and Institutions Code and to support the local EMS
line 13 agency’s functions under this division.
line 14 (b) The county and the board of supervisors may fulfill the
line 15 county’s obligation to provide ambulance services to persons
line 16 located in the county within the county’s jurisdiction under this
line 17 division and Part 5 (commencing with Section 17000) of Division
line 18 9 of the Welfare and Institutions Code by any of the following
line 19 means or combination of means:
line 20 (1) Creating a separate county department to provide ambulance
line 21 services, providing the department with the necessary staffing,
line 22 vehicles, and equipment, and operating such department as it staffs
line 23 and operates other county departments.
line 24 (2) Assigning the duty of providing ambulance services to
line 25 residents of the county to an existing county department and
line 26 providing the department with the necessary staffing, vehicles,
line 27 and equipment to provide ambulance services.
line 28 (3) Contracting with cities or local public agencies located
line 29 within the county to provide ambulance services within areas under
line 30 the jurisdiction of the county, the cities, or the local public
line 31 agencies.
line 32 (4) Contracting with private ambulance companies as provided
line 33 for by statute, including under this division.
line 34 (c) Contracts or assignments made under paragraph (2) (1), (2),
line 35 or (3) of subdivision (b) that restrict operations to a county
line 36 department or agency or other local agency do not constitute
line 37 exclusive operating areas as defined by Section 1797.85.
line 38 (d) All county agreements for implementation of the EMS
line 39 system, including for prehospital EMS and ambulance services,
97
AB 2973 — 5 — Attachment A
29
line 1 shall be in the name of the county and shall be approved by the
line 2 board of supervisors.
line 3 (e) When a local EMS agency, upon the recommendation of the
line 4 county, elects to create an exclusive operating area using a
line 5 competitive process pursuant to Section 1797.224, all of the
line 6 following shall apply:
line 7 (1) The county’s purchasing and acquisition personnel and the
line 8 EMS agency shall jointly develop and administer a competitive
line 9 process pursuant to the county’s purchasing policies, rules, and
line 10 requirements and government procurement best practices.
line 11 (2) The board of supervisors shall review and approve a
line 12 competitive process prior to issuance of the competitive processes
line 13 to the public.
line 14 (3) The board of supervisors shall have the sole authority to
line 15 approve the award of agreements or operating rights for prehospital
line 16 EMS or ambulance services by the county or the local EMS agency
line 17 pursuant to a competitive process.
line 18 (f) (1) Contracts for ambulance services developed pursuant
line 19 to this section shall comply with the requirements of subdivisions
line 20 (c) and (d) of Section 1797.230.
line 21 (2) Subcontracts for emergency ambulance services developed
line 22 pursuant to this section shall comply with the requirements of
line 23 subdivisions (b), (c), and (d) of Section 1797.231.
line 24 (f) The board of supervisors shall review and approve a local
line 25 EMS agency’s plans for the EMS system prior
line 26 (g) Prior to the submission of the plans to the authority of the
line 27 local EMS agency’s plans for the EMS system pursuant to this
line 28 division including, but not limited to, Article 2 (commencing with
line 29 Section 1797.250). 1797.250), one of the following shall apply:
line 30 (1) For a single-county local EMS agency, the board of
line 31 supervisors shall review and approve the local EMS agency’s
line 32 plans.
line 33 (2) For a multicounty local EMS agency, the local EMS agency’s
line 34 plans shall be approved through one of the following:
line 35 (A) As provided for in the contract for local emergency medical
line 36 services administration between the counties and the local EMS
line 37 agency.
line 38 (B) As provided for in the joint powers agreement that created
line 39 the local EMS agency.
97
— 6 — AB 2973 Attachment A
30
line 1 (C) By the board of supervisors of each of the counties served
line 2 by the local EMS agency.
line 3 (g)
line 4 (h) This section does not supersede Section 1797.201.
line 5 (h)
line 6 (i) Nothing in this section affects, modifies, limits, or otherwise
line 7 impairs the authority’s enumerated powers and authorities under
line 8 the EMS Act.
line 9 (j) Nothing in this section affects, modifies, limits, or otherwise
line 10 impairs the medical control of the medical director of a local EMS
line 11 agency granted under the EMS Act.
line 12 (i)
line 13 (k) The Legislature finds and declares that the provisions of this
line 14 section are declaratory of existing law.
O
97
AB 2973 — 7 — Attachment A
31
AB 2973
Page 1
Date of Hearing: April 8, 2024
ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT
Freddie Rodriguez, Chair
AB 2973 (Hart) – As Amended April 1, 2024
SUBJECT: Emergency medical services
SUMMARY: Would authorize a county board of supervisors to provide or support the
provision of emergency medical services (EMS) to persons located within the county, as
specified. Specifically, this bill:
1) Would authorize a county board of supervisors to provide or support the provision of
EMS to persons located within the county by any of the following means or combination
of means:
(a) Creating a separate county department to provide ambulance services, as specified
(b) Assigning the duty of providing ambulance services to residents of the county to an
existing county department, as specified.
(c) Contracting with cities or local public agencies located within the county to provide
ambulance services, as specified.
(d) Contracting with private ambulance companies, as specified.
2) Would require all county agreements for implementation of the EMS system, including
for prehospital EMS and ambulance services, to be in the name of the county and
approved by the board of supervisors.
3) Provides when a local EMS agency, upon the recommendation of the county, elects to
create an exclusive operating area using a competitive process, shall ensure such process
is reviewed and approved by the board of supervisors, as specified.
4) Would require the county board of supervisors to review and approve a single-county
local EMS agency’s (LEMSA) plans for the EMS system prior to the submission of the
plans to the Emergency Medical Services Authority (EMSA).
5) Would require a multicounty local EMS agency’s plans to be approved, as provided for
in the contract between the counties and the agency, as provided for in the joint powers
agreement that created the agency, or by the board of supervisors in each of the counties
served by the agency prior to the submission of the plans to the authority.
6) Would specify that the authorities of the medical director of a local EMS granted under
the EMS Act are not affected, modified, limited or otherwise impaired under Section
1797.234.
7) Would make related findings and declarations.
Attachment B
32
AB 2973
Page 2
EXISTING LAW:
1) Establishes the Emergency Medical Services Authority, under the Emergency Medical
Services System and the Prehospital Emergency Medical Care Personnel Act, which is
responsible for the coordination of various state activities concerning emergency medical
services. (Health and Safety Code Section 1797)
2) Requires, among other things, EMSA to develop planning and implementation guidelines
for EMS systems, provide technical assistance to existing agencies, counties, and cities
for the purpose of developing the components of EMS systems, and receive plans for the
implementation of EMS and trauma care systems from local EMS agencies. (Health and
Safety Code Section 1797.103-105)
3) Provides each county may develop an emergency medical services program. Each county
developing such a program shall designate a local EMS agency (LEMSA) which shall be
the county health department, an agency established and operated by the county, an entity
with which the county contracts for the purposes of local emergency medical services
administration, or a joint powers agency created for the administration of emergency
medical services by agreement between counties or cities and counties, as specified.
(Health and Safety Code Section 1797.200)
4) Requires a county to enter into a written agreement with a city or fire district that
contracted for or provided prehospital EMS as of June 1, 1980. Until such written
agreement is until that written agreement is reached, prehospital EMS to be continued at
not less than the existing level and the administration of prehospital EMS by cities and
fire districts contracting for or providing those services as of June 1, 1980, to be retained
by those cities and fire districts, as specified. (Health and Safety Code Section 1797.201)
5) Allows LEMSAs to create one or more exclusive operating areas in the development of a
local EMS plan, if a competitive process is utilized to select the provider or providers of
the services pursuant to the plan. No competitive process is required if the local EMS
agency develops or implements a local plan that continues the use of existing providers
operating within a local EMS area in the manner and scope in which the services have
been provided without interruption since January 1, 1981. (Health and Safety Code
Section 1797.224)
6) Requires LEMSAs to annually submit an EMS plan to EMSA in accordance with
specified standards and guidelines. (Health and Safety Code Section 1797.254)
7) Requires a local EMS agency to have a licensed physician and surgeon, as specified, as
medical director to provide medical control and to assure medical accountability for the
EMS system, as specified. (Health and Safety Code Section 1797.202)
FISCAL EFFECT: Unknown. This bill has not been analyzed by a fiscal committee.
Attachment B
33
AB 2973
Page 3
COMMENTS:
Purpose of the bill: According to the author, “Despite the enactment of the EMS Act and relevant
case law, confusion persists regarding the roles, responsibilities, and statutory authorities of
counties, boards of supervisors, and LEMSAs. This ambiguity extends to EOAs and County
responsibilities and authorities governing ambulance services, creating uncertainty about their
interplay and implementation. AB 2973 clarifies the statutory responsibilities of counties, boards
of supervisors, and local emergency medical service agencies regarding EMS and ambulance
services and reaffirms the authority of the boards of supervisors to decide, as a policy matter,
whether to provide EMS and ambulance services to persons within their counties’ jurisdiction on
an in house basis through new or existing county departments or agencies, by contracting with
local public agencies or private service providers, or a combination of those options.”
The author continues, “The bill also provides for procedural requirements regarding competitive
processes for the award of exclusive services rights under Health & Safety Code § 1797.224 and
approval of LEMSA’s EMS system plans. This bill is declaratory of existing statute and case law
and reflects historical and existing practices. AB 2973 will enhance the accessibility of
emergency medical services in California while promoting accountability, transparency, and
coordination among all stakeholders involved in providing EMS services and avoiding
disruptions to EMS systems by preserving the existing statutory authorities of cities and fire
districts, EMSA, and LEMSAs under the EMS Act.”
Equity Impact: According to the author’s staff, “By reaffirming the authority of the county
boards of supervisors to make policy decisions regarding the provision of EMS and ambulance
services and creating procedural requirements for the development of EOAs and EMS plans that
provide for the opportunity of public input, AB 2973 will allow for greater and more public
discussion, analysis, and consideration of health equity issues in the provision of EMS and
ambulance services by the counties, LEMSAs, stakeholders, and community members.”
EMSA, LEMSAs and Hospital Emergency Departments: EMSA provides statewide oversight for
the 33 local emergency medical services agencies or LEMSAs. Together they form the state’s
pre-hospital emergency medical system. The pre-hospital emergency medical system and
hospital emergency departments operate as separate and distinct entities, but are linked through
policies, procedures and regulations. Collectively, these entities provide effective patient care
from the initial notification of an emergency and response in the field to the time the EMS
provider drops off the patient at the emergency department and returns to the community, while
the patient receives evaluation, care and hospitalization, if needed.
EMSA’s Mission and Emergency Medical Services Act: According to EMSA, their mission is to
ensure equitable administration, coordination, and integration of the statewide EMS system to
reduce suffering and save lives throughout California. With the passage of the Emergency
Medical Services Act in 1980, California created a framework for a two-tiered system of EMS
governance through both the EMSA (state) and LEMSAs (county). Counties are required by the
EMS Act to create a local EMS system that is timely, safe, and equitable for all residents. To do
so, counties honor HSC 1797.201 authorities and contract with both public and private providers
to ensure coverage of underserved areas regardless of the challenges in providing uniform
services throughout geographically diverse areas.
Attachment B
34
AB 2973
Page 4
American Medical Response West (AMR) v. County of Santa Barbara: Advocates for and
against the bill have cited ongoing litigation concerning the EMS Act and Santa Barbara
County’s application of its new permitting regime for ambulance services in their arguments for
and against this bill. In brief, AMR is suing (Case No. 23CVO4250) the County of Santa Barbara
in Superior Court regarding the County’s permit to the Santa Barbara County Fire District to
provide emergency ambulance services.
EMSA’s Amicus Curiae Brief of the Emergency Medical Services Authority (EMSA): Attorney
General Rob Bonta submitted an amicus curiae brief of EMSA on November 22, 2023. “EMSA
submits this amicus brief to provide a state-level assessment of the significant legal issues in this
case.” The EMSA amicus brief discusses the EMS Act, Santa Barbara County ordinance No.
5182, and the extent to which the County’s application of this permitting ordinance is consistent
with the EMS Act. Among other things, EMSA’s amicus brief raises policy questions regarding
the power of the county board of supervisors to choose an EMS provider and approve EMS plans
vs the power of the LEMSAs to do so.
Policy direction in this bill: According to advocates of this bill, the overarching goal is to
reaffirm the board of supervisors authority to provide or support the provision of emergency
medical services with one of or a combination of the following policy options: creating a
separate county department to provide ambulance services; assigning the duty of providing
ambulance services to residents of the county to an existing county department; contracting with
cities or local public agencies located within the county to provide ambulance services; and/or
contracting with private ambulance companies, as specified.
Arguments in support: The California Fire Chiefs Association (CalChiefs) and the Fire Districts
Association of California (FDAC), write in support, “This critical legislation aims to clarify and
codify the statutory responsibilities of counties, the board of supervisors, and local emergency
medical services agencies (LEMSAs) in managing emergency medical and ambulance services
within California.”
The Berkley Fire Department adds, “AB 2973 seeks to eliminate ambiguities and streamline the
coordination and delivery of emergency medical services (EMS) across the state. Specifically,
the bill provides for the establishment of Exclusive Operating Areas (EOAs) through a
competitive process, the requirement for board of supervisors' approval of LEMSA-developed
plans, and the outlined procedural requirements for EOAs underscore a commitment to
transparency, accountability, and best practices in the provision of EMS.”
The President of the Western Placer Fire Chiefs Association, adds in support, “AB 2973
enhances the accessibility, accountability, and coordination of EMS, and promises to strengthen
our emergency response infrastructure and ensure that Californians receive timely and effective
medical care.”
Arguments in opposition: The Emergency Medical Services Administrators Association of
California (EMSAAC), writes in opposition, “This bill would place the LEMSA medical director
and LEMSA staff directly under the supervision of the elected County Board of Supervisors,
outside the long-standing and proven LEMSA structure, creating a volatile and political situation
and negatively impacting California’s emergency medical services (EMS) system. A potential
consequence of AB 2973 would be to erode this long-standing effective two-tiered EMS system
in the State of California. As it currently stands, the EMSA promulgates the regulations
Attachment B
35
AB 2973
Page 5
governing the administration of EMS and the LEMSAs provide the local policies, protocols, and
procedures to ensure all EMS system participants (regardless of type/affiliation) adhere to
current EMS statutes/ regulations. The current two-tiered system affords the flexibility of
LEMSAs to administer their EMS programs based on local EMS system needs. This bill
undermines the two-tiered system by mandating a specific supervisory structure for each County.
American Medical Response (AMR) writes in opposition, “as California’s largest provider I am
writing to register our OPPOSED position to AB 2973. Despite the author’s claims, this bill
seeks to completely undermine the California EMS Act by eliminating the competitive process
for exclusive ambulance contracts. AB 2973 is simply an attempt to legitimize the illegal actions
of Santa Barbara County to award Santa Barbara County Fire Department (SBCFD) exclusive
rights to provide the County’s ambulance service despite losing to AMR in a competitive bid
process established under the requirements of the EMS Act.”
The American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO,
adds in opposition, “AFSCME writes to express our regretful opposition to AB 2973 (Hart)
which unravels centralized, established, and integrated countywide ambulance systems that have
been in place for over four decades.”
Concerns: The Urban Counties of California (UCC) write, “AB 2973 raises significant concerns
with ho counties currently select providers for exclusive operating areas, how competitive
processes for selecting providers should be structured, and what elements Boards of Supervisors
are required to approve in the EMS plan. Urban areas strongly urge that further conversation
about exclusive operating areas and how competitive processes for selecting providers should be
structured occur before the bill proceeds.”
Committee Comments and Amendments: Committee staff is aware of the ongoing deliberations
on the policy questions this bill raises. Based upon the concerns raised by advocates for the
Emergency Medical Services Administrators Association of California and the Rural Counties
Representatives of California, with respect to the role joint powers agencies designated as the
local EMS agency by the board of supervisors have in the overall EMS systems, the author may
wish to amend the bill to read:
SECTION 1. (a) The Legislature finds and declares all of the following:
(1) The Legislature designed the Emergency Medical Services System and the Prehospital
Emergency Medical Care Personnel Act, Division 2.5 of the Health and Safety Code (EMS Act)
to encourage coordination and planning among the state, local governments, and private
providers to achieve the most effective and cost-effective prehospital emergency medical services
(EMS) on a countywide or regionwide basis.
(2) The EMS Act defines the roles, responsibilities, and functions of the Emergency Medical
Services Authority (Authority) and the local EMS agencies, and some, but not all, of the roles,
responsibilities, and functions of the counties and boards of supervisors regarding prehospital
EMS and ambulance services.
(3) Other statutory authorities of a county and the board of supervisors regarding the provision
and regulation of ambulance services, whether by public or private agreement, permit, license,
or other means, and the provision of ambulance services for indigent county residents are
Attachment B
36
AB 2973
Page 6
located in statutes outside of the EMS Act including, but not limited to, Sections 25369.5, 26612,
29606, and 54980 through 54983, inclusive, of the Government Code, Sections 1443 through
1445, inclusive, 1451 through 1455, inclusive, and 1473 through 1475, inclusive, of the Health
and Safety Code, Section 2512 of the Vehicle Code, and Sections 14136 and 16817 of the
Welfare and Institutions Code.
(4) As a result of how and where these various statutory authorities are codified, significant
confusion and uncertainty in the state exists regarding the statutory authorities, roles,
responsibilities, rights, obligations, and functions of counties, boards of supervisors, and local
EMS agencies regarding prehospital EMS and ambulance services and the interplay of statutes
addressing these services within and outside of the EMS Act.
(b) It is the intent of the Legislature in enacting this act to do both of the following:
(1) Clarify the statutory authorities, roles, responsibilities, rights, and functions of counties,
boards of supervisors, and local EMS agencies regarding EMS and ambulance services.
(2) Reaffirm the authority of boards of supervisors, or the governing body of an entity or joint
powers agency designated as the local EMS agency by the board of supervisors under section
1797.200, to decide, as a policy matter, whether prehospital EMS and ambulance services will
be provided to persons located within the county’s jurisdiction through a county department or
agency or by contracting with other local agencies or private providers.
SEC. 2. Section 1797.234 is added to the Health and Safety Code, to read:
1797.234. (a) The board of supervisors, or the governing body of an entity or joint powers
agency designated as the local EMS agency by the board of supervisors under section 1797.200
may exercise their statutory authority, including their statutory authority regarding prehospital
EMS and ambulance services to perform their functions under this division and to support the
local EMS agency’s functions under this division.
(b) The board of supervisors, or the governing body of an entity or joint powers agency
designated as the local EMS agency by the board of supervisors under section 1797.200 may
provide ambulance services to persons located within the county’s jurisdiction under this
division by any of the following means or combination of means:
(1) Creating a separate county department to provide ambulance services, providing the
department with the necessary staffing, vehicles, and equipment, and operating such department
as it staffs and operates other county departments.
(2) Assigning the duty of providing ambulance services to residents of the county to an existing
county department and providing the department with the necessary staffing, vehicles, and
equipment to provide ambulance services.
(3) Contracting with cities or local public agencies located within the county to provide
ambulance services within areas under the jurisdiction of the county, the cities, or the local
public agencies.
(4) Contracting with private ambulance companies as provided for by statute, including under
this division.
Attachment B
37
AB 2973
Page 7
(c) Contracts or assignments made under paragraph (1), (2), or (3) of subdivision (b) that
restrict operations to a county department or agency or other local agency do not constitute
exclusive operating areas as defined by Section 1797.85 and do not require the local EMS
agency to utilize a competitive process under Section 1797.224.
(d)(1) No contract for ambulance services pursuant to this section shall be entered into unless
the board of supervisors, or the governing body of an entity or joint powers agency designated
as the local EMS agency by the board of supervisors under section 1797.200, has adopted, by
ordinance or resolution, a written policy setting forth issues to be considered for inclusion in the
contract for emergency ambulance services, which may include, but are not limited to, all of the
following:
(a) Employment retention requirements for the employees of the incumbent ambulance service.
(b) Demonstrated experience serving similar populations and geographic areas.
(c) Diversity and equity efforts addressing the unique needs of vulnerable and underserved
populations of the service area.
(d) Financial requirements, including requiring a private ambulance service provider to show
proof of insurance and bonding.
(e) A description of the ambulance service provider’s public information and education activities
and community involvement.
(2) A contract entered into pursuant to this section shall demonstrate how the contract will
provide for the payment of comparable wages and benefits to all ambulance service employees
that are generally consistent with those provided to ambulance service employees in the same
geographic region. The contract shall also demonstrate that the staffing levels for ambulance
service employees will be comparable to the staffing levels under the previous contract for these
services.
(e) Subcontracts for emergency ambulance services developed by a local agency that enters into
a contract under (3) of subdivision (b) shall comply with the requirements of subdivisions (b),
(c), and (d) of Section 1797.231.
(f) This section does not supersede Section 1797.201.
(g) Nothing in this section affects, modifies, limits, or otherwise impairs the authority of the
board of supervisors or the governing body of an entity or joint powers agency designated as the
local EMS agency under any other provision of law.
(h) Nothing in this section affects, modifies, limits, or otherwise impairs the authority’s
enumerated powers and authorities under the EMS Act.
(i) Nothing in this section affects, modifies, limits, or otherwise impairs the medical control of
the medical director of a local EMS agency granted under the EMS Act.
(j) The Legislature finds and declares that the provisions of this section are declaratory of
existing law.
Double referral: Should this bill be approved, it will be referred to the Assembly Committee on
Health.
Attachment B
38
AB 2973
Page 8
Prior legislation: AB 379 (Rodriguez) of this Session. Requires LEMSAs to adopt policies and
procedures for calculating and reporting ambulance patient offload times, as specified. (Held in
Assembly Committee on Appropriations)
AB 1168 (Bennett) of this Session. Would overturn existing “Oxnard” decision, and instead
requires a city or fire district that contracted for, or provided, as of June 1, 1980, prehospital
EMS, to be deemed to retain its authorities regarding, and administration of, the prehospital EMS
when a city or fire district enters into an agreement with a county for the joint exercise of powers
regarding prehospital EMS, or ceased to contract for, provide, or administer prehospital EMS as
a result of a judicial finding, or contracts with a county to provide prehospital EMS in areas
outside of that city or fire district. (Senate Inactive File)
AB 389 (Grayson), Chapter 460, Statutes of 2021. Permits a county to contract for emergency
ambulance services with a fire agency that will provide those services, in whole or in part,
through a written subcontract with a private ambulance service; and permits a fire agency to
enter into a written subcontract with a private ambulance service for the purpose of contracting
with a county.
AB 1544 (Gipson), Chapter 138, Statutes of 2020) enacted the Community Paramedicine or
Triage to Alternate Destination Act of 2019, which permits local emergency medical services
agencies, with approval by the Emergency Medical Services Authority, to develop programs to
provide community paramedic or triage to alternate destination services, as specified.
SB 438 (Hertzberg), Chapter 389, Statutes of 2019. Prohibited a public agency from entering
into a contract for 911 call processing regarding the dispatch of emergency response resources
unless the contract is with another public agency, with specified exceptions.
REGISTERED SUPPORT / OPPOSITION:
Support
Alturas Rural Fire Protection District
Berkeley Fire Department
California Fire Chiefs Association
Carpinteria-Summerland Fire Protection District
City of Albany
City of Merced
City of Roseville
Fire Districts Association of California
Lake County Fire Protection District
Marina Fire Department
Mendocino County Fire Chiefs Asociation
Northshore Fire Protection District
Petaluma Fire Department
Sonoma Valley Fire District
Ukiah Valley Fire Authority
Attachment B
39
AB 2973
Page 9
Opposition
911 Ambulance Provider's Medical Alliance
American Federation of State, County and Municipal Employees
Emergency Medical Services Administrators' Association of California (EMSAAC)
Global Medical Response
Other
Urban Counties of California (UCC)
Analysis Prepared by: Mike Dayton / E.M. / (916) 319-3802
Attachment B
40
AB 2973 Fact Sheet
Contact: Jimmy Wittrock
jimmy.wittrock@asm.ca.gov | (916) 319-2037
SUMMARY
Assembly Bill 2973 codifies relevant case law and
clarifies the statutory responsibilities of counties,
the board of supervisors, and local emergency
medical services agencies regarding EMS and
ambulance services within counties throughout the
state.
This bill is declaratory of existing statute and case
law.
BACKGROUND
The Emergency Medical Services (EMS) Act is
designed to encourage coordination and planning
among the State, counties, cities, fire districts, and
private providers in order to achieve the most
effective and responsive ambulance transport
within each county.
Counties have the authority to develop EMS
programs and designate a Local EMS Agency
(LEMSA) to manage day-to-day operations and
service delivery. The California Emergency Medical
Services Authority (EMSA) serves as the central
agency overseeing emergency and disaster medical
services statewide.
The City of Lomita vs. County of Los Angeles
(Cal.App.3d 1983, 1986), determined that counties
have an obligation to provide emergency medical
care and transport to all persons located in the
county. This responsibility can be fulfilled by
creating a separate county department, assigning
the duty to an existing department, contracting
with local agencies, or hiring private ambulance
companies.
Under the EMS Act, a LEMSA, on the
recommendation of a county, may create an
Exclusive Operating Area (EOA), incorporating one
or more service providers as exclusive providers of
emergency ambulance services within a defined
geographic area if a competitive process is utilized
to select the provider or providers.
PROBLEM
Despite the enactment of the EMS Act and relevant
case law, confusion persists regarding the roles,
responsibilities, and statutory authorities of
counties, the board of supervisors, and LEMSAs.
The ambiguity extends to EOAs and the counties
responsibilities and authorities governing
ambulance services.
SOLUTION
AB 2973 clearly outlines the authorities and
responsibilities of counties, the board of
supervisors, and LEMSAs concerning emergency
ambulance services. This bill is consistent with
longstanding state law (EMS Act) and case law.
The bill reaffirms that the county board of
supervisors holds the responsibility for providing
ambulance services. It also clarifies that a county
can assign its responsibility to a new or existing
county department, contract with cities and/or fire
districts, contract with a private ambulance
provider, or employ a combination of these four
ASSEMBLY BILL 2973
Emergency Medical Services Coordination
Attachment C
41
AB 2628 Fact Sheet
Contact: Jimmy Wittrock
jimmy.wittrock@asm.ca.gov | (916) 319-2037
options (Lomita Case Law) using existing county
policy and ordinance.
AB 2973 requires the board of supervisors to
review and approve the plans developed by a
LEMSA before these plans are submitted to the
statewide EMSA. It is important to note that the
EMSA will have the final ability to approve or reject
the plan, creating another check and balance in the
process.
AB 2973 also enacts the following procedural
requirements for when a LEMSA creates an EOA
pursuant to a competitive process: (1) the county’s
purchasing department and the LEMSA shall jointly
develop and administer the competitive process
pursuant to existing county procurement rules and
best practices; (2) the board of supervisors shall
review and approve the competitive process before
issuance to the public; and (3) the board of
supervisors has the sole authority to approve
contracts and operating rights awarded pursuant to
a competitive process. These procedural
requirements are intended to ensure that EOA
competitive processes are the product of county
personnel with the most relevant expertise, and
subject to oversight by county policymakers.
AB 2973 will enhance the accessibility of
emergency medical services in California while
promoting accountability, transparency, and
coordination among all stakeholders involved in
providing EMS services.
SUPPORT
Fire Chiefs Association of Santa Barbara County
(Sponsor)
California Fire Chiefs Association (CalChiefs)
Attachment C
42
April 9, 2024
Assmeblymember Mia Bonta, Chair
Assembly Health Committee
1020 N Street, Suite 390
Sacramento, CA 95814
RE: AB 2973 (Hart) Emergency services – OPPOSE
Dear Assemblymember Bonta,
The Emergency Medical Services Administrators Association of California
(EMSAAC), representing the interests of all 34 California Local EMS Agencies
(LEMSAs) covering all 58 California counties, write to express our opposition to AB
2973 (Hart). The bill would significantly reduce the medical control authority of the
LEMSA medical director and allow a county to establish a de facto monopoly on
ambulance services, independent of the the fair and impartial statutory process
that has been in place since the enactment of the EMS Act. Alternatively, EMSAAC
is supportive of the work that the Emergency Medical Services Authority (EMSA)
has recently undertaken to promulgate clear and coolaborative regulations to
address these important EMS system design matters (specifically, CCR, Title 22,
Chapter 1 – previously referred to as ‘Chapter 13’ regulations).
AB 2973 places important, medically related, design aspects of local EMS systems
under the sole purview of the elected Board of Supervisors, who have minimal or
no experience in the practice of EMS. To ensure that local EMS policy flows
primarily from professional medical judgment, rather than external or political
factors, the Legislature mandated that LEMSAs have a medical director, that the
medical director and assistant medical directors be licens ed physicians, and that
the medical director have “substantial experience in the practice of emergency
medicine.” (Health and Safety code 1797.202, subds . (a) & (b).). Further, current
statute provides that “The medical direction and management of an emergency
medical services system shall be under the medical control of the medical director
of the local EMS agency. This medical control shall be maintained in accordance
with standards for medical control established by the authority.”
AB 2973, as proposed, allows a county Board of Supervisors to establish a de
facto monopoly on ambulance services without the input of the LEMSA medical
director or the strict oversight and approval by the EMSA that would otherwise be
mandated by current law to ensure that EMS services provided are equitable and
of high quality. This would be true even if a county were allowed to restrict
ambulance operations to a private ambulance provider that was not required to
participate in an EMSA reviewed/approved and LEMSA managed competitive
procurement process. It directly conflicts with the current processes required to
establish an exclusive operating area pursuant to HSC 1797.224.
Attachment D
43
The Emegency Services Act outlines the importa nt roles and responsibilities of the
LEMSA in the design, implementation, evaluation, and management of local EMS
systems, including the contracting of ambulance providers. According to the
California Attorney General’s recent Amicus Brief related to these matters:
“And, under the EMS Act, such oversight plays a vital role in the legislative
balancing struck between the administrative need for exclusive providers and
the risk that exclusivity poses for patients. While exclusivity can play an
important role in the administration of a local EMS plan (County of San
Bernardino, supra, 15 Cal.4th at pp. 931-932), it remains the case that local
monopoly of emergency services can risk numerous harms to patients . The
absence of competition may inevitably lead to higher costs for emergency
services, as well as operational inefficiencies that ultimately diminish the quality
of care and the equitable access to care. (See United States v. Syufy
Enterprises (9th Cir. 1990) 903 F.2d 659, 669 [“Fostering an environment
where businesses fight it out using the weapon of efficiency and consumer
goodwill is what the antitrust laws are meant to champion.”]; see also Berkey
Photo, Inc. v. Eastman Kodak Co. (2d Cir. 1979) 603 F.2d 263, 294 [excessive
prices, maintained though a monopolist’s control of the market, constitute one
of the primary evils addressed by antitrust laws].) Of course, it may be true in
most instances that the administrative need for an EOA will outweigh these
concerns, but EMSA oversight and approval of such arrangements , as the
Legislature mandated in section 1797.224, serves to guarantee an independent
evaluation of these considerations.”
EMSAAC remains opposed to AB 2973, as recently amended as it would still place
unnecessary and inappropriate control of the EMS system in the hands of elected
officials with limited medical experience and could create structural imbalances,
due to lack of a competitive procurement process. The efforts of this bill are also in
direct conflict they work that the EMSA has initiated to promulgate regulations to
address these important EMS system design matters.
Please reach out to EMSAAC at governmentaffairs@emsaac.org and our lobbyist
Darby Kernan at dkernan@mosaicsol.com for any questions or if you would like to
discuss our concerns.
Thank you,
John Poland
EMSAAC Legislative Chair
Attachment D
44
Attachment D
45
Attachment D
46
Attachment D
47
Attachment D
48
Attachment D
49
Attachment D
50
The Board of Supervisors
County Administration Building
1025 Escobar St., 4th floor
Martinez, California 94553
John Gioia, 1st District
Candace Andersen, 2nd District
Diane Burgis, 3rd District
Karen Mitchoff, 4th District
Federal D. Glover, 5th District
June 21, 2022
The Honorable Assemblymember Jim Wood
Chair, Assembly Health Committee
1020 N Street, Room 390
Sacramento CA 95814
RE: SB 443 (Hertzberg) Emergency Medical Services (EMS): Prehospital EMS –
OPPOSE As amended June 16, 2022
Set for hearing on June 28, 2022
Dear Chair Wood:
As Chair of the Board of Supervisors of Contra Costa County, I write to inform you that Contra Costa
County joins with the California State Association of Counties, Urban Counties of California, Rural
County Representatives of California, the County Health Executives Association of California, and
the Health Officers Association of California to oppose Senate Bill 443.
The stated purpose of the bill is to clarify the intent of SB 438 (Chapter 389, Statutes of 2019), which
addressed emergency medical services (EMS) dispatch centers and the response of fire resources.
However, as written, SB 443 undermines 40 years of EMS system planning and severely restricts local
medical control of the county EMS systems. In 2019 county and state entities were assured that SB
438 was not intended to undermine local emergency medical services agency (LEMSA) medical
control or EMS system planning. Unfortunately, SB 443 would essentially fragment county EMS
systems across the state - undoing 40 years of work to coordinate EMS system delivery and progress
towards ensuring medical equity to millions of Californians across the state.
In its construction, the EMS Act created a comprehensive two-tiered system governing virtually every
aspect of prehospital emergency medical services. Tier 1 is state level oversight and planning led by
the California Emergency Medical Services Authority (EMSA). Tier 2 is local EMS leadership and
planning led by the county LEMSA medical director. The local EMS agency and its physician medical
director are dispassionate agents of the county focused on serving patient needs through planning,
implementing, and evaluating the local EMS system.
Chapter 5 of the EMS Act states in pertinent part that "The medical direction and management of an
emergency medical services system shall be under the medical control of the medical director of the
local EMS agency. This medical control shall be maintained in accordance with standards for medical
control established by the authority [i.e., the state authority].” Moreover, Section 1797.220 of the EMS
Act is clear that “The local EMS agency, using state minimum standards, shall establish policies and
Monica Nino
Clerk of the Board
and
County Administrator
(925) 655-2075
Contra
Costa
County
Attachment E
51
Page 2 of 2—SB 443 (Hertzberg)--Oppose
procedures approved by the medical director of the local EMS agency to assure medical control of the
EMS system.” For over 40 years, it has been accepted that the EMS Act defines local LEMSA medical
control as broad and expansive, encompassing matters directly related to regulating the quality of
emergency medical services provided to residents in each county.
SB 443 would permit certain cities and special districts to act outside of the medical control of the
LEMSA medical director in the response and delivery of prehospital emergency care. Those agencies
would have the ability to separate themselves from the County’s organized EMS system and its
oversight, thereby impeding the County’s ability to assure the coordination, integration, and
availability of equitable prehospital medical services countywide. Rural and/or lower income areas of
counties could consequently experience reduced or limited services.
LEMSA medical directors are highly qualified and experienced EMS physicians, who are currently
tasked with overseeing regional EMS systems of care, including understanding medical disparities
that exist within those systems of care. In practical terms, this bill makes it possible for certain cities
and special districts to administratively determine whether to operate within the clinical system of care
– a decision that should be reserved for qualified county LEMSA medical directors.
In summary, SB 443 would erode the authority of counties and their LEMSAs, specifically by
weakening the ability of each county’s physician EMS medical director to maintain medical control
and to ensure standardization of the EMS system. The organized EMS system established under the
EMS Act 40 years ago provides for coordination, integration, medical equity, and evidence-based
practice in the delivery of high-quality emergency medical services. If SB 443 passes, the result will
likely be widespread fragmentation of the organized, efficient, and effective EMS system of today and
reversion to the disjointed state that existed prior to the implementation of the EMS Act in 1980.
It is for these reasons that we strongly oppose SB 443 and respectfully urge your ‘NO’ vote on the
measure.
Respectfully,
KAREN MITCHOFF
Chair, Board of Supervisors
cc: Honorable Members, Assembly Health
Honorable Members, Contra Costa County Board of Supervisors
Monica Nino, County Administrator
Anna Roth, CCHS Director
James Gross, Michelle Rubalcava & Rachael Blucher, Nielsen Merksamer
Attachment E
52
The Board of Supervisors
County Administration Building
1025 Escobar St., 4th floor
Martinez, California 94553
John Gioia, 1st District
Candace Andersen, 2nd District
Diane Burgis, 3rd District
Ken Carlson, 4th District
Federal D. Glover, 5th District
July 11, 2023
The Honorable Senator Steven Glazer
Senate District 07
1021 O Street, Suite 7520
Sacramento, CA 95814
RE: AB 1168 (Bennett) Emergency Medical Services (EMS): Prehospital EMS—
OPPOSE
Dear Senator Glazer:
As Chair of the Board of Supervisors of Contra Costa County, I write to inform you that Contra
Costa County joins with the California State Association of Counties, Urban Counties of
California, Rural County Representatives of California, and County Health Executives
Association of California to oppose Assembly Bill 1168. This bill would harm the public by
fracturing the delivery of emergency medical services.
AB 1168 circumvents existing statute and case law by conferring 1797.201 authority to the
City of Oxnard. If the Legislature grants such authority to an entity when not supported by
case law 1, existing statute will be effectively undermined and become vulnerable to similar
specious arguments, litigation, and instability.
Ultimately, AB 1168 represents a door that, if opened, will return emergency medical
services delivery to the fragmented system that the Legislature intended to fix with the
EMS Act.
To be clear, Oxnard joined a Joint Powers Agreement in 1971; Oxnard has not administered,
operated, or contracted for ambulance service in the last 52 years. Therefore, it does not have
“201 rights,” and should not be granted them in contravention to state law. Furthermore, and
contrary to the statement in 1797.11(d), the appellate court decision did not create confusion
about a JPA entity’s 1797.201 authority because Oxnard has never possessed such authority--
the decision was lawfully upheld with distinct clarity.
AB 1168 attempts to create a third tier of governance that supersedes county discretion by
conferring 1797.201 authority on entities without a legitimate claim to such authority. If AB
1168 passes, Oxnard v. Ventura is abrogated, and/or the Legislature confers 1797.201 authority
to city of Oxnard, the EMS Act will become vulnerable and EMS systems eroded.
1 City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010
Monica Nino
Clerk of the Board
and
County Administrator
(925) 655-2075
Contra
Costa
County
Attachment E
53
Page 2 of 2—AB 1168 (Bennett) EMS--OPPOSE
If AB 1168 is enacted, Contra Costa County expects to experience the following disruption to
its established EMS system that has existed for over 40 years:
• Long established Exclusive Operating Areas (EOAs) competitively bid according to
statute 2, that assure equitable and sustainable delivery of EMS, will be challenged by
cities and districts who want to take advantage of Public Provider Ground Emergency
Medical Transportation Intergovernmental Transfer Program 3 (PP-GEMT)
reimbursement. This will result in:
o Increased litigation.
o Disruption and fragmentation of Contra Costa County EMS system.
o Inability to leverage economy of scale where competitive bidders are
incentivized to serve an entire area including disadvantaged and under
resourced populations.
o Continued instability of EMS system that will lead to unsustainable operations
that deliver EMS to the public.
Each bullet above is antithetical to our shared mission to protect the public health and safety.
EMS systems will ultimately fail if fragmentation of local systems begins, and in an
unstable environment with eroding boundaries, those systems may not recover for years
or without intervention by the Legislature to fix this potentially fatal mistake.
Aside from the wasted taxpayer dollars that will be needed to deal with the administrative
fallout of 1797.201 erosion, the public will bear the ultimate cost as the degradation of the
EMS system prevents effective, equitable, and reliable EMS response.
It is for these reasons that we strongly oppose AB 1168 and respectfully urge your “NO” vote
on the measure.
Respectfully,
JOHN GIOIA
Chair, Board of Supervisors
cc:
The Honorable Members Board of Supervisors
Monica Nino, County Administrator
Marshall Bennett, CCC Director of EMS
Michelle Rubalcava & Geoff Neill, Nielsen Merksamer
2 CA HSC 1797.224
3 Assembly Bill (AB) 1705 (chapter 544, Statutes of 2019)
Attachment E
54
ALTURA^S R (TR,,AL FIRE DEPARTMENT
310 Rine Street . Alturas. CA 96101 . Phone: (530) 653-4300
Fire Chief, Erick Kinney
1't Assistant Fire Chief, John Sweet
2nd Assistant Fire Chief, Jacob Hughes
April5,2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021O Street, Room 5140
Sacramento, CA 95814
Re:
Hearing:
Assembly Bill 2973 (Hart), As Amended 0410212024
04/08/2024; Assembly Committee on Emergency Management
Dear Chair Rodriguez
On behalf of Alturas Rural Fire Protection District, I write to express our support for Assembly Bill2973 (Hart). This
critical legislation aims to clarify and codify the statutory responsibilities of counties, the board of supervisors, and
local emergency medical services agencies (LEMSAs) in managing emergency medical and ambulance services within
California. A82973 seeks to eliminate ambiguities and streamline the coordination and delivery of emergency
medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and responsibilities of
various stakeholders. AB 2973 addresses this by providing much-needed Qarity that will enhance the efficiency and
effectiveness of providing emergency medical services. Specifically, the bi{l provides for the establishment of
Exclusive Operating Areas (EOAs)through a competitive process, the requkement for board of supervisors'approval
of LEMSA-developed plans, and the outlined procedural requirements for EOAs underscore a commitment to
transparency, accountability, and best practicbs in the provision of EMS.
',,i
A82973 enhances the accessibility, accountability, and coordination dEVIS, and promises to strengthen our
emergency response infrastructure and ensure that Cqlifornians recbive timely and effective medical care
Forthese reasons we urge an "AYE" vote when the bill is heard in commlttee.
Since cq,e
Chief, Eric nney
Alturas Rural Fire Department
310 N. Rine St.
Alturas, CA 96101
(s30) 6s3-4300
CC:
Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
Attachment F
55
DAVID SPRAGUE / FIRE CHIEF
2100 MARTIN LUTHER KING JR WAY 510.981.3473 DSPRAGUE@BERKELEYCA.GOV
April 5, 2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021 O Street, Room 5140
Sacramento, CA 95814
Re: Assembly Bill 2973 (Hart), As Amended 04/02/2024
Hearing: 04/08/2024; Assembly Committee on Emergency Management
Dear Chair Rodriguez:
On behalf the Berkeley Fire Department, I write to express our support for Assembly Bill
2973 (Hart). This critical legislation aims to clarify and codify the statutory
responsibilities of counties, the board of supervisors, and local emergency medical
services agencies (LEMSAs) in managing emergency medical and ambulance services
within California. AB 2973 seeks to eliminate ambiguities and streamline the
coordination and delivery of emergency medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the
roles and responsibilities of various stakeholders. AB 2973 addresses this by providing
much-needed clarity that will enhance the efficiency and effectiveness of providing
emergency medical services. Specifically, the bill provides for the establishment of
Exclusive Operating Areas (EOAs) through a competitive process, the requirement for
board of supervisors' approval of LEMSA-developed plans, and the outlined procedural
requirements for EOAs underscore a commitment to transparency, accountability, and
best practices in the provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and
promises to strengthen our emergency response infrastructure and ensure that
Californians receive timely and effective medical care.
For these reasons we urge an “AYE” vote when the bill is heard in committee.
Sincerely,
Attachment F
56
April 3, 2024
The Honorable Gregg Hart
California State Assembly, District 37
1021 O Street, Room 6230
Sacramento, CA 95814
Re: Assembly Bill 2973 (Hart), As Amended 04/02/2024
Hearing: 04/08/2024; Assembly Committee on Emergency Management
Dear Assembly Member Hart:
On behalf of our clients, the California Fire Chiefs Association (CalChiefs) and the Fire Districts Association of
California (FDAC), I write to express their support for your Assembly Bill 2973. This critical legislation aims to
clarify and codify the statutory responsibilities of counties, the board of supervisors, and local emergency
medical services agencies (LEMSAs) in managing emergency medical and ambulance services within
California. AB 2973 seeks to eliminate ambiguities and streamline the coordination and delivery of
emergency medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and
responsibilities of various stakeholders. AB 2973 addresses this by providing much-needed clarity that will
enhance the efficiency and effectiveness of providing emergency medical services. Specifically, the bill
provides for the establishment of Exclusive Operating Areas (EOAs) through a competitive process, the
requirement for board of supervisors' approval of LEMSA-developed plans, and the outlined procedural
requirements for EOAs underscore a commitment to transparency, accountability, and best practices in the
provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and promises to strengthen our
emergency response infrastructure and ensure that Californians receive timely and effective medical care.
For these reasons, CalChiefs and FDAC support AB 2973 and urge an “AYE” vote when the bill is heard in
committee.
Sincerely,
Public Policy Advocates, LLC
Julee Malinowski-Ball, Managing Partner
JMB/OF/kmg
cc:
Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
Attachment F
57
Attachment F
58
City of Merced Fire Department
Casey Wilson, Acting Fire Chief
99 E. 16th Street, Merced, CA 95340-5020
209.385.6891 voice 209.388.7930 fax www.cityofmerced.org
April 5, 2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021 O Street, Room 5140
Sacramento, CA 95814
Re: Assembly Bill 2973 (Hart), As Amended 04/02/2024
Hearing: 04/08/2024; Assembly Committee on Emergency Management
Dear Chair Rodriguez:
On behalf the City of Merced Fire Department, I write to express our support for Assembly Bill 2973
(Hart). This critical legislation aims to clarify and codify the statutory responsibilities of counties, the
board of supervisors, and local emergency medical services agencies (LEMSAs) in managing
emergency medical and ambulance services within California. AB 2973 seeks to eliminate ambiguities
and streamline the coordination and delivery of emergency medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and
responsibilities of various stakeholders. AB 2973 addresses this by providing much-needed clarity
that will enhance the efficiency and effectiveness of providing emergency medical services.
Specifically, the bill provides for the establishment of Exclusive Operating Areas (EOAs) through a
competitive process, the requirement for board of supervisors' approval of LEMSA-developed plans,
and the outlined procedural requirements for EOAs underscore a commitment to transparency,
accountability, and best practices in the provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and promises to
strengthen our emergency response infrastructure and ensure that Californians receive timely and
effective medical care.
For these reasons we urge an “AYE” vote when the bill is heard in committee.
Attachment F
59
Sincerely,
Casey Wilson
Acting Fire Chief
City of Merced Fire Department
(209)388-8835
WilsonC@CityofMerced.org
cc:
Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
Attachment F
60
Attachment F
61
900 Park Street, Paso Robles, CA 93446Phone: (805) 227-7560 Fax (805) 237-4138
E-mail: ESChief@PRcity.com
City of El Paso de Robles
Fire and Emergency Services Department
April 6, 2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021 O Street, Room 5140
Sacramento, CA 95814
Re: Assembly Bill 2973 (Hart), As Amended 04/02/2024
Hearing: 04/08/2024; Assembly Committee on Emergency Management
Dear Chair Rodriguez:
On behalf of Paso Robles Fire and Emergency Services, I write to express our support for Assembly Bill
2973 (Hart). This critical legislation aims to clarify and codify the statutory responsibilities of counties, the
board of supervisors, and local emergency medical services agencies (LEMSAs) in managing emergency
medical and ambulance services within California. AB 2973 seeks to eliminate ambiguities and streamline
the coordination and delivery of emergency medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and
responsibilities of various stakeholders. AB 2973 addresses this by providing much-needed clarity that will
enhance the efficiency and effectiveness of providing emergency medical services. Specifically, the bill
provides for the establishment of Exclusive Operating Areas (EOAs) through a competitive process, the
requirement for board of supervisors' approval of LEMSA-developed plans, and the outlined procedural
requirements for EOAs underscore a commitment to transparency, accountability, and best practices in
the provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and promises to strengthen
our emergency response infrastructure and ensure that Californians receive timely and effective medical
care.
For these reasons we urge an “AYE” vote when the bill is heard in committee.
Sincerely,
Jonathan Stornetta
Fire Chief, City of Paso Robles
cc: Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
Attachment F
62
Chief Rick Bartee, President
Roseville Fire Department
316 Vernon St., Ste. 480, Roseville, CA 95678
Chief Brian Estes, Vice President
CAL FIRE – Nevada-Yuba-Placer Unit
Placer County Fire Department
13760 Lincoln Way, Auburn, CA 95603
Chief Reginald Williams, Secretary
Rocklin Fire Department
4060 Rocklin Road, Rocklin, CA 95677
AN ORGANIZATION DEDICATED TO THE DELIVERY OF EXCEPTIONAL FIRE AND LIFE SAFETY SERVICES THROUGH COLLABORATION AND TEAMWORK
April 4, 2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021 O Street, Room 5140
Sacramento, CA 95814
Re: Assembly Bill 2973 (Hart), As Amended 04/02/2024
Hearing: 04/08/2024; Assembly Committee on Emergency Management
Dear Chair Rodriguez:
As President of the Western Placer Fire Chiefs Association, I write to express our support for Assembly
Bill 2973 (Hart). This critical legislation aims to clarify and codify the statutory responsibilities of counties,
the board of supervisors, and local emergency medical services agencies (LEMSAs) in managing
emergency medical and ambulance services within California. AB 2973 seeks to eliminate ambiguities
and streamline the coordination and delivery of emergency medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and
responsibilities of various stakeholders. AB 2973 addresses this by providing much-needed clarity that
will enhance the efficiency and effectiveness of providing emergency medical services. Specifically, the
bill provides for the establishment of Exclusive Operating Areas (EOAs) through a competitive process,
the requirement for board of supervisors' approval of LEMSA-developed plans, and the outlined
procedural requirements for EOAs underscore a commitment to transparency, accountability, and best
practices in the provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and promises to strengthen
our emergency response infrastructure and ensure that Californians receive timely and effective medical
care.
For these reasons we urge an “AYE” vote when the bill is heard in committee.
Sincerely,
Rick Bartee, CFO
Fire Chief
Roseville Fire Department
cc:
Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
Sincerely,
Rick Bartee, CFO
Attachment F
63
Attachment F
64
April 8, 2024
The Honorable Gregg Hart
California State Assembly
1021 O Street, Suite 6230
Sacramento, CA 95814
Re: AB 2973 (Hart): Emergency services
As Proposed to be Amended – SUPPORT
Set for hearing 4/8/24 – Assembly Emergency Management Committee
Dear Assembly Member Hart:
On behalf of the Santa Barbara County Board of Supervisors, I write in support of
your Assembly Bill 2973, a measure that will help ensure that the County of Santa
Barbara can choose to utilize its county fire department personnel to provide
prehospital emergency medical services (EMS) and ambulance services in the
County.
The County of Santa Barbra is seeking the authority to call upon its own staff to
provide critical community services that it is demonstrably capable of providing,
and in fact, already provides in certain areas of the county. We appreciate the
amendments to AB 2973 – including those that are proposed today– to ensure that
the Board of Supervisors’ goals are met.
AB 2973 maintains the appropriate level of oversight and authority for Boards of
Supervisors in designing prehospital EMS and ambulance services. As the elected
body, it’s important that county supervisors have the authority to decide what local
services look like in their communities.
The Board of Supervisors recently approved the 2024 Legislative Platform, which
includes a local control principle that expresses support for ensuring “local
authority and control over governance issues, land use policies and the delivery of
services, including flexibility and customization in designing and implementing
policies and services that are responsive to the community’s preferences.” To that
DAS WILLIAMS
First District, Chair
LAURA CAPPS
Second District
JOAN HARTMANN
Third District, Chair
BOB NELSON
Fourth District
STEVE LAVAGNINO
Fifth District, Vice Chair
BOARD OF SUPERVISORS
County Administration Building
105 East Anapamu Street
Santa Barbara, CA 93101
Telephone: (805) 568-2190
www.countyofsb.org
COUNTY OF SANTA BARBARA
Attachment F
65
end, we are grateful for the efforts of you and your staff to help facilitate a resolution
on this important measure and are pleased to offer our support for AB 2973.
Please do not hesitate to reach out with any questions at (916) 272-0010, or
jkh@hbeadvocacy.com.
Sincerely,
Jean Kinney Hurst
Legislative Representative
cc: The Honorable Freddie Rodriguez, Chair, Assembly Emergency Management
Committee
Members and Consultants, Assembly Emergency Management Committee
The Honorable Mia Bonta, Chair, Assembly Health Committee
Members and Consultants, Assembly Health Committee
County of Santa Barbara Legislative Delegation
Attachment F
66
April 7, 2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021 O Street, Room 5140
Sacramento, CA 95814
Re: Assembly Bill 2973 (Hart), As Amended 04/02/2024
Hearing: 04/08/2024; Assembly Committee on Emergency Management
Dear Chair Rodriguez:
On behalf _______________________, I write to express our support for Assembly Bill 2973 (Hart). This
critical legislation aims to clarify and codify the statutory responsibilities of counties, the board of
supervisors, and local emergency medical services agencies (LEMSAs) in managing emergency medical and
ambulance services within California. AB 2973 seeks to eliminate ambiguities and streamline the
coordination and delivery of emergency medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and
responsibilities of various stakeholders. AB 2973 addresses this by providing much-needed clarity that will
enhance the efficiency and effectiveness of providing emergency medical services. Specifically, the bill
provides for the establishment of Exclusive Operating Areas (EOAs) through a competitive process, the
requirement for board of supervisors' approval of LEMSA-developed plans, and the outlined procedural
requirements for EOAs underscore a commitment to transparency, accountability, and best practices in the
provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and promises to strengthen our
emergency response infrastructure and ensure that Californians receive timely and effective medical care.
For these reasons we urge an “AYE” vote when the bill is heard in committee.
Sincerely,
cc:
Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
Fremont Fire Department
Fire Chief
Attachment F
67
LAKE VALLEY FIRE PROTECTION DISTRICT
“Serving the Community Since 1947”
Chad Stephen, Fire Chief
April 8, 2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021 O Street, Room 5140
Sacramento, CA 95814
Re: Assembly Bill 2973 (Hart), As Amended 04/02/2024
Hearing: 04/08/2024; Assembly Committee on Emergency Management
Dear Chair Rodriguez:
On behalf of the Lake Valley Fire Protection District, I write to express our support for Assembly Bill 2973
(Hart). This critical legislation aims to clarify and codify the statutory responsibilities of counties, the board of
supervisors, and local emergency medical services agencies (LEMSAs) in managing emergency medical and
ambulance services within California. AB 2973 seeks to eliminate ambiguities and streamline the
coordination and delivery of emergency medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and
responsibilities of various stakeholders. AB 2973 addresses this by providing much-needed clarity that will
enhance the efficiency and effectiveness of providing emergency medical services. Specifically, the bill
provides for the establishment of Exclusive Operating Areas (EOAs) through a competitive process, the
requirement for board of supervisors' approval of LEMSA-developed plans, and the outlined procedural
requirements for EOAs underscore a commitment to transparency, accountability, and best practices in the
provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and promises to strengthen our
emergency response infrastructure and ensure that Californians receive timely and effective medical care.
For these reasons we urge an “AYE” vote when the bill is heard in committee.
Board of Directors
John Rice
Leona Allen
Brian Hogan
Irene Kaelin
Tim Cain
Attachment F
68
Sincerely,
Chad Stephen
Fire Chief
cc:
Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
Respect, Integrity, Dedication, Positive Attitude and Teamwork
2211 Keetak St., So. Lake Tahoe, CA. 96150 (530) 577-3737 Fax 577-3739 www.LakeValleyFire.org
Attachment F
69
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
April 8, 2024
The Honorable Gregg Hart
Member, California State Assembly
1021 O Street, Room 6230
Sacramento, California 95814
RE: AB 2973 (Hart) Emergency Medical Services Coordination
Notice of SUPPORT (As Amended April 2 2024)
Dear Assembly Member Hart,
The League of California Cities (Cal Cities) is pleased to support your measure AB 2973
(Hart). This measure would clarify the statutory responsibility of counties, board of
supervisors, and local emergency medical services agencies regarding EMS and
ambulance services.
Specifically, AB 2973 would provide that counties may provide ambulance services to
persons located within their jurisdiction by any of the following means:
• Creating a separate county department to provide ambulance services
• Assigning the duty of providing ambulance services to residents of the county to
an existing county department
• Contracting with cities or local public agencies located within the county to
provide ambulance services within areas under the jurisdiction of the county, the
cities, or the local public agencies
• Contracting with private ambulance companies as provided under statute.
This bill also states that the board of supervisors will have the authority to approve the
award of agreements or operating rights for prehospital EMS or ambulance services by
the county or the local EMS agency under a competitive process.
Most importantly, this bill states that nothing in this bill shall supersede section 1797.201.
This bill would provide important clarifications regarding the process of awarding
contracts and at the same time would not change any of the existing law regarding
201 rights. Therefore, Cal Cities is in support of AB 2973.
For these reasons, Cal Cities supports your measure AB 2973 (Hart). If you have any
questions, do not hesitate to contact me at jvoorhis@calcities.org.
Attachment F
70
Sincerely,
Jolena Voorhis
Legislative Affairs, Lobbyist
cc: Members, Assembly Emergency Management Committee
Attachment F
71
Attachment F
72
April 6, 2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021 O Street, Room 5140
Sacramento, CA 95814
Re:Assembly Bill 2973 (Hart), As Amended 04/02/2024
Hearing: 04/08/2024; Assembly Committee on Emergency Management
Dear Chair Rodriguez:
On behalf of the Napa County Fire Chiefs Association, I write to express our support for Assembly Bill 2973 (Hart). This critical
legislation aims to clarify and codify the statutory responsibilities of counties, the board of supervisors, and local emergency medical
services agencies (LEMSAs) in managing emergency medical and ambulance services within California. AB 2973 seeks to eliminate
ambiguities and streamline the coordination and delivery of emergency medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and responsibilities of various
stakeholders. AB 2973 addresses this by providing much-needed clarity that will enhance the efficiency and effectiveness of providing
emergency medical services. Specifically, the bill provides for the establishment of Exclusive Operating Areas (EOAs) through a
competitive process, the requirement for board of supervisors' approval of LEMSA-developed plans, and the outlined procedural
requirements for EOAs underscore a commitment to transparency, accountability, and best practices in the provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and promises to strengthen our emergency response
infrastructure and ensure that Californians receive timely and effective medical care.
For these reasons we urge an “AYE” vote when the bill is heard in committee.
Sincerely, Zach Curren, President
Napa County Fire Chiefs Association
zcurren@napacountyfirechiefs.com
cc:
Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
President, Zach Curren |zcurren@napacountyfirechiefs.com P.O. Box 502
Vice President, Mike Marcucci |mmarcucci@napacountyfirechiefs.com Napa, CA 94559
Attachment F
73
Ron D. Myers
Fire Chief
North County Fire Authority
Serving the Cities of Brisbane, Daly City, Pacifica
10 Wembley Drive
Daly City, California 94015-4314
Administration
Phone 650-991-8138
Fax 650-991-8090
April 5, 2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021 O Street, Room 5140
Sacramento, CA 95814
Re: Assembly Bill 2973 (Hart), As Amended 04/02/2024
Dear Chair Rodriguez:
I write to express our support for Assembly Bill 2973 (Hart). This critical legislation aims to clarify and codify
the statutory responsibilities of counties, the board of supervisors, and local emergency medical services
agencies (LEMSAs) in managing emergency medical and ambulance services within California. AB 2973 seeks
to eliminate ambiguities and streamline the coordination and delivery of emergency medical services (EMS)
across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and responsibilities
of various stakeholders. AB 2973 addresses this by providing much-needed clarity that will enhance the
efficiency and effectiveness of providing emergency medical services. Specifically, the bill provides for the
establishment of Exclusive Operating Areas (EOAs) through a competitive process, the requirement for board
of supervisors' approval of LEMSA-developed plans, and the outlined procedural requirements for EOAs
underscore a commitment to transparency, accountability, and best practices in the provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and promises to strengthen our
emergency response infrastructure and ensure that Californians receive timely and effective medical care.
For these reasons we urge an “AYE” vote when the bill is heard in committee.
Sincerely,
Ron D. Myers
Fire Chief
cc:
Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
Attachment F
74
CITY OF PETALUMA
POST OFFICE BOX 61
PETALUMA, CA 94953-0061
Kevin McDonnell
Mayor
Brian Barnacle
Janice Cader-Thompson, Dist. 1
Mike Healy
Karen Nau, Dist. 3
Dennis Pocekay
John Shribbs, Dist. 2
Councilmembers
Fire Department
198 “D” Street
Petaluma, CA 94952
Phone (707) 778-4390
Fax (707) 931-0668
Email:
firedept@cityofpetaluma.org
Fire Prevention Bureau
11 English Street
Petaluma, CA 94952
Phone (707) 778-4389
Fax (707) 206-6036
Email:
firemarshal@cityofpetaluma.org
April 4, 2024
The Honorable Freddie Rodriguez, Chair
Assembly Committee on Emergency Management
1021 O Street, Room 5140
Sacramento, CA 95814
Re: Assembly Bill 2973 (Hart), As Amended 04/02/2024
Hearing: 04/08/2024; Assembly Committee on Emergency Management
Dear Chair Rodriguez:
On behalf of Petaluma Fire Department, I write to express our support for Assembly Bill 2973 (Hart).
This critical legislation aims to clarify and codify the statutory responsibilities of counties, the board
of supervisors, and local emergency medical services agencies (LEMSAs) in managing emergency
medical and ambulance services within California. AB 2973 seeks to eliminate ambiguities and
streamline the coordination and delivery of emergency medical services (EMS) across the state.
The Emergency Medical Services (EMS) Act has left room for confusion regarding the roles and
responsibilities of various stakeholders. AB 2973 addresses this by providing much-needed clarity
that will enhance the efficiency and effectiveness of providing emergency medical services.
Specifically, the bill provides for the establishment of Exclusive Operating Areas (EOAs) through a
competitive process, the requirement for board of supervisors' approval of LEMSA-developed plans,
and the outlined procedural requirements for EOAs underscore a commitment to transparency,
accountability, and best practices in the provision of EMS.
AB 2973 enhances the accessibility, accountability, and coordination of EMS, and promises to
strengthen our emergency response infrastructure and ensure that Californians receive timely and
effective medical care.
For these reasons we urge an “AYE” vote when the bill is heard in committee.
Sincerely,
Jeff Schach, Petaluma Fire Chief
cc:
Honorable Members, Assembly Committee on Emergency Management
Mike Dayton, Chief Consultant; Assembly Committee on Emergency Management
Nick Dokoozlian, Consultant; Assembly Republican Caucus
Attachment F
75
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:24-1115 Agenda Date:4/16/2024 Agenda #:7.
LEGISLATION COMMITTEE
Meeting Date: April 16, 2024
Subject:AB 2557 (Ortega) and AB 2489 (Ward)
Submitted For: Legislation Committee
Department: County Administrator’s Office
Referral No:
Referral Name: AB 2557 and AB 2489
Presenter: Geoff Neill and Michelle Rubalcava, Nielsen Merksamer
Contact: L. DeLaney, 925-655-2057
Referral History:
AB 2557 (Ortega) and AB 2489 (Ward) are bills that have been flagged by the California State Association of
Counties (CSAC) and the Urban Counties of California (UCC); the County’s state lobbyists have reached out
for County input as well. CSAC has an “Oppose” position on AB 2557. The Board of Supervisors took an
“Oppose” position on a related bill, AB 1250 from 2017.
The adopted 2023-24 State Legislative Platform includes the following policy:
“OPPOSE the establishment of specific or stricter standards for the use of personal services contracts by
counties that would make contracting with community-based organizations more difficult .”
Referral Update:
While local governments are still analyzing these bills, it is clear that they would limit the ability of local
agencies to contract for many services (likely including homelessness, health, behavioral health, and youth
services), make it more expensive and cumbersome for many contractors to provide services to local agencies,
and potentially give employee organizations a new role in preventing contractors from receiving payment in
certain circumstances.
AB 2557 (Ortega) requires:
1.At least 10 months prior to a procurement process to contract for special services that are currently or in
the past 10 years provided by a member of an employee organization, the governing body must notify
the employee organization affected by the contract of its determination to begin a procurement process.
2.Each person who enters into a contract with the governing body to perform functions that are currently,
or were in the prior 10 years, performed by employees of the local agency represented by an employee
organization shall submit quarterly performance reports, every 90 days, to the governing body and the
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exclusive representative of the employee organization.
3.The quarterly performance reports shall include all of the following: (1) A list of contract objectives; (2)
A description of all deliverables the contractor has provided as a result of the contract; (3) A description
of the contractor’s progress towards contract objectives; (4) A list of all financial expenditures incurred
for services provided, including personnel costs, direct expenses, and indirect expenses, and their
corresponding deliverables; (5) The number of each contractor and subcontractor’s employees,
organized by job category, sex, race, and ethnicity, and the number of each contractor and
subcontractor’s independent contractors by job category, sex, race, and ethnicity; (6) The names of any
subcontractors providing services under the contract and the names of the employees of the contractor
and any subcontractors providing services pursuant to the contract; the hourly rates, total compensation,
and pay scales for the individuals, including applicable hourly pay, overtime pay, benefits, and
retirement, organized by job classification; the names of any workers providing services pursuant to the
contract as independent contractors; the hourly rates, total compensation, and pay scales for the
individuals, including, but not limited to, applicable hourly pay, overtime pay, benefits, and retirement,
organized by job classification; (7) performance standard metrics for individual contractor and
subcontractor employees performing work pursuant to the contract.
4.The governing body must monitor quarterly performance reports to evaluate the quality of services and
must withhold payment to the contractor under any of the following circumstances, which constitute a
breach of contract: (1) Three or more consecutive quarterly performance reports are deemed as
underperforming by a representative of the governing body or a representative of the exclusive
bargaining unit; (2) The contractor fails to provide the quarterly reports required by this section or
provides a report that is incomplete. The governing body shall withhold further payments until all
complete reports are provided. The governing body shall immediately resume making payments to the
contractor, including all previously withheld payments unless, within a reasonable time, the governing
body, the employee organization, or assigned representatives reject the reports as incomplete and
explain the reasons for the rejection.
5.Contract terms exceeding two years must undergo a performance audit by an independent auditor
approved by the governing body to determine whether the performance standards are being met. Audits
must be conducted at least one year before the contract expires or qualifies for renewal or extension.
The independent auditor shall present the findings of the audit report during a public session of the
governing body. The governing body shall not renew or extend a contract before receiving and
evaluating the audit report in conference with a representative of the exclusive bargaining unit. The
contractor shall reimburse the governing body for the cost of the audit. A contractor shall not factor the
costs of the audit into the contract costs with the governing body.
6.All provisions also apply to temporary workers, as well.
AB 2489 (Ward) requires:
1.At least 10 months prior to a procurement process to contract for special services that are currently or in
the past 10 years provided by a member of an employee organization, the governing body must notify
the employee organization affected by the contract of its determination to begin a procurement process.
2.Persons with whom the governing body enter into a contract for special services to perform functions
that are currently, or were in the previous 10 years, performed by employees of the local agency must
use employees who meet or exceed the minimum qualifications and standards required of bargaining
unit civil service employees who perform or performed the same job functions, which may include, but
are not limited to, the following qualifications and standards, as applicable: (A) Criminal history and
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background checks before beginning employment; (B) Academic attainment; (C) Licensure; (D) Years
of experience; (E) Child and elder abuse reporting; (F) Physical requirements; (G) Assessment exams;
(H) Performance standards.
3.Persons with whom the governing body enters into a contract for special services must provide
information to the local agency sufficient to show that their employees meet the minimum qualifications
and standards described and must retain this information for at least two years.
4.All provisions also apply to temporary workers, as well.
Both AB 2489 and AB 2557 will be heard during a special order of the Assembly Public Employment and
Retirement Committee on Wednesday, April 17.
AB 2489 (Ward) Local agencies: contracts for special services and temporary help: performance reports.
History
04/01/2024 Re-referred to Com. on P.E. & R.
03/21/2024 Referred to Coms. on P.E. & R. and JUD. From committee chair, with author's
amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.
02/14/2024 From printer. May be heard in committee March 15.
02/13/2024 Read first time. To print.
AB 2557 (Ortega) Local agencies: contracts for special services and temporary help.
History
04/09/2024 Re-referred to Com. on P.E. & R.
04/08/2024 From committee chair, with author's amendments: Amend, and re-refer to Com. on
P.E. & R. Read second time and amended.
04/01/2024 Re-referred to Com. on P.E. & R.
03/21/2024 Referred to Coms. on P.E. & R. and JUD. 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.
See Attachment A for the text of the bills.
Recommendation(s)/Next Step(s):
CONSIDER recommending a position of “Oppose” to the Board of Supervisors on AB 2557 (Ortega) and AB
2489 (Ward).
Fiscal Impact (if any): Potentially significant but unknown at this time.
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AMENDED IN ASSEMBLY APRIL 8, 2024
AMENDED IN ASSEMBLY MARCH 21, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2557
Introduced by Assembly Member Ortega
February 14, 2024
An act to amend Sections 31000, 31000.4, 37103, and 53060 of the
Government Code, relating to local agencies.
legislative counsel’s digest
AB 2557, as amended, Ortega. Local agencies: contracts for special
services and temporary help: performance reports.
(1)Existing law relating to the government of counties authorizes a
county board of supervisors to contract for certain types of special
services on behalf of the county, any county officer or department, or
any district or court in the county. Existing law requires those special
services contracts to be with persons who are specially trained,
experienced, expert, and competent to perform those services.
This bill would require each contract for special services to include
specific performance standards and requirements. The bill would require
the board or a representative, at least 10 months before beginning a
procurement process to contract with persons for special services that
are currently, or were in the prior 10 years, performed by employees
of the county represented by an employee organization, to notify, in
writing, the exclusive employee representative of the workforce affected
by the contract of its determination to begin that process. The bill would
require each person who enters into such a contract with the board of
supervisors to submit quarterly performance reports, as prescribed,
97
Attachment A
79
every 90 days, to the board of supervisors and the exclusive
representative of the employee organization. The bill would require the
board or its representative to monitor quarterly performance reports to
evaluate the quality of services and withhold payments to the contractor
under prescribed circumstances, which circumstances the bill would
deem to be a breach of contract. The bill would require contract terms
exceeding 2 years to undergo a performance audit, as prescribed, by an
independent auditor approved by the board to determine whether the
performance standards are being met.
(2) Existing law authorizes a county board of supervisors to contract
with temporary help firms for temporary help to assist county agencies,
departments, or offices during any peak load, temporary absence, or
emergency other than a labor dispute, if the board determines that it is
in the economic interest of the county to do so. Existing law limits the
use of temporary help to no more than 90 days for any single peak load,
temporary absence, or emergency situation.
This bill would impose requirements similar to those described in
paragraph (1) for board contracts for temporary help, with reports and
monitoring on a monthly basis.
(3) Existing law relating to the government of cities authorizes the
legislative body of a city to contract with any specially trained and
experienced person, firm, or corporation for special services and advice
in financial, economic, accounting, engineering, legal, or administrative
matters.
This bill would impose requirements similar to those described in
paragraph (1) for city council contracts for special services.
(4) Existing law authorizes the legislative body of a public or
municipal corporation or district to contract with persons performing
special services in regard to financial, economic, accounting,
engineering, legal, and administrative matters if those persons are
specially trained and experienced and competent to perform the special
services required.
This bill would impose requirements similar to those described in
paragraph (1) for legislative body contracts for special services.
(5) The bill would include findings that changes proposed by this
bill address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all counties and cities, including charter counties
and charter cities.
(6) By imposing new duties on local government agencies, the bill
would create a state-mandated local program.
97
— 2 — AB 2557 Attachment A
80
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 31000 of the Government Code is
line 2 amended to read:
line 3 31000. (a) (1) The board of supervisors may contract for
line 4 special services on behalf of the following public entities: the
line 5 county, any county officer or department, or any district or court
line 6 in the county. Such contracts shall be with persons specially
line 7 trained, experienced, expert and competent to perform the special
line 8 services.
line 9 (2) The special services shall consist of services, advice,
line 10 education or training for such public entities or the employees
line 11 thereof. The special services shall be in financial, economic,
line 12 accounting, including the preparation and issuance of payroll
line 13 checks or warrants, engineering, legal, medical, therapeutic,
line 14 administrative, architectural, airport or building security matters,
line 15 laundry services or linen services. They may include maintenance
line 16 or custodial matters if the board finds that the site is remote from
line 17 available county employee resources and that the county’s
line 18 economic interests are served by such a contract rather than by
line 19 paying additional travel and subsistence expenses to existing county
line 20 employees.
line 21 (3) The board may pay from any available funds compensation
line 22 it deems proper for these special services. The board of supervisors
line 23 may, by ordinance, direct the purchasing agent to enter into
line 24 contracts authorized by this section within the monetary limit
line 25 specified in Section 25502.5 of the Government Code.
line 26 (4) Each contract for special services shall include specific
line 27 performance standards and requirements, including, but not limited
line 28 to, objectives and deliverables.
97
AB 2557 — 3 — Attachment A
81
line 1 (b) At least 10 months before beginning a procurement process
line 2 to contract with persons for special services that are currently, or
line 3 were in the prior 10 years, performed by employees of the county
line 4 represented by an employee organization, as defined in subdivision
line 5 (a) of Section 3501, the board of supervisors, or a representative
line 6 of the board, shall notify, in writing, the exclusive employee
line 7 representative of the workforce affected by the contract of its
line 8 determination to begin that process.
line 9 (c) Each person who enters into a contract with the board of
line 10 supervisors pursuant to subdivision (a) to perform functions that
line 11 are currently, or were in the prior 10 years, performed by
line 12 employees of the county represented by an employee organization,
line 13 as defined in subdivision (a) of Section 3501, shall submit quarterly
line 14 performance reports, every 90 days, to the board of supervisors
line 15 and the exclusive representative of the employee organization.
line 16 (d) The quarterly performance reports shall include all of the
line 17 following:
line 18 (1) A list of all contract objectives that describe the goals of the
line 19 contract.
line 20 (2) A description of all deliverables the contractor has provided
line 21 that include tangible and intangible services or goods that are
line 22 measurable and produced as a result of the contract.
line 23 (3) A description of the contractor’s progress towards contract
line 24 objectives identified in paragraph (1).
line 25 (4) A list of all financial expenditures incurred for services
line 26 provided, including, but not limited to, personnel costs, direct
line 27 expenses, and indirect expenses, and their corresponding
line 28 deliverables.
line 29 (5) The number of each contractor and subcontractor’s
line 30 employees, organized by job category, sex, race, and ethnicity,
line 31 and the number of each contractor and subcontractor’s independent
line 32 contractors by job category, sex, race, and ethnicity.
line 33 (6) (A) The names of any subcontractors providing services
line 34 under the contract and the names of the employees of the contractor
line 35 and any subcontractors providing services pursuant to the contract.
line 36 (B) The hourly rates, total compensation, and pay scales for the
line 37 individuals identified in subparagraph (A), including, but not
line 38 limited to, applicable hourly pay, overtime pay, benefits, and
line 39 retirement, (A) organized by job classification.
97
— 4 — AB 2557 Attachment A
82
line 1 (C) The names of any workers providing services pursuant to
line 2 the contract as independent contractors.
line 3 (D) The hourly rates, total compensation, and pay scales for the
line 4 individuals identified in subparagraph (C), including, but not
line 5 limited to, applicable hourly pay, overtime pay, benefits, and
line 6 retirement, (C) organized by job classification.
line 7 (7) Performance standard metrics for individual contractor and
line 8 subcontractor employees performing work pursuant to the contract.
line 9 (e) The board of supervisors or its representative shall monitor
line 10 quarterly performance reports to evaluate the quality of services.
line 11 The board shall withhold payment to the contractor under any of
line 12 the following circumstances, which constitute a breach of contract:
line 13 (1) (A) Three or more consecutive quarterly performance
line 14 reports are deemed as underperforming by a representative of the
line 15 board of supervisors or a representative of the exclusive bargaining
line 16 unit.
line 17 (B) If a contractor submits a plan to achieve substantial
line 18 compliance with the contract and this section, the board of
line 19 supervisors shall immediately resume making payments to the
line 20 contractor, including all previously withheld payments unless,
line 21 within a reasonable time, the board of supervisors, the employee
line 22 organization, or assigned representatives reject the plan as
line 23 insufficient and explain the reasons for the rejection.
line 24 (2) (A) The contractor fails to provide the quarterly reports
line 25 required by this section or provides a report that is incomplete.
line 26 (B) The board of supervisors shall withhold further payments
line 27 until all complete reports are provided. The board of supervisors
line 28 shall immediately resume making payments to the contractor,
line 29 including all previously withheld payments unless, within a
line 30 reasonable time, the board of supervisors, the employee
line 31 organization, or assigned representatives reject the reports as
line 32 incomplete and explain the reasons for the rejection.
line 33 (f) The quarterly performance reports shall not be required for
line 34 contracts between governmental entities.
line 35 (g) Contract terms exceeding two years shall undergo a
line 36 performance audit by an independent auditor approved by the
line 37 board of supervisors, to determine whether the performance
line 38 standards are being met. Audits shall be conducted at least one
line 39 year before the contract expires or qualifies for renewal or
line 40 extension. The independent auditor shall present the findings of
97
AB 2557 — 5 — Attachment A
83
line 1 the audit report during a public session of the board of supervisors.
line 2 The board shall not renew or extend a contract before receiving
line 3 and evaluating the audit report in conference with a representative
line 4 of the exclusive bargaining unit.
line 5 (h) The contractor shall reimburse the board of supervisors for
line 6 the cost of the audit. A contractor shall not factor the costs of the
line 7 audit into the contract costs with the board of supervisors.
line 8 (i) The contract shall provide that all records provided to the
line 9 county by the contractor shall be subject to the California Public
line 10 Records Act (Division 10 (commencing with Section 7920.000)
line 11 of Title 1). In furtherance of this subdivision, contractors and any
line 12 subcontractors shall maintain records related to performance of
line 13 the contract that ordinarily would be maintained by the county in
line 14 performing the same functions.
line 15 (j) For purposes of this section, the following definitions apply:
line 16 (1) “Deliverables” means the agreed upon services set forth in
line 17 the contract, the expected rate of delivery, and the success of those
line 18 services.
line 19 (2) A plan is “insufficient” if service falls below the average
line 20 rate of completion by the workers of the affected bargaining unit.
line 21 (3) “Total compensation” means the complete payment provided
line 22 to a contracted employee throughout the duration of the contract,
line 23 including, but not limited to, applicable hourly pay, overtime pay,
line 24 benefits, and retirement.
line 25 (4) A performance report is “underperforming” if the contractor
line 26 fails to meet the expected delivery of services in a manner that
line 27 would lead to an extension of the contract or at a rate below the
line 28 agreed upon standards.
line 29 (j)
line 30 (k) The provisions of this section are severable. If any provision
line 31 of this section or its application is held invalid, the invalidity shall
line 32 not affect other provisions or applications that can be given effect
line 33 without the invalid provision or application.
line 34 (k)
line 35 (l) The Legislature finds and declares that this section addresses
line 36 ensuring that the replacement of bargaining unit work with
line 37 contracted employees does not undermine public employee
line 38 relations is a matter of statewide concern for purposes of Section
line 39 4 of Article XI of the California Constitution. Therefore, this
line 40 section applies to all counties, including charter counties.
97
— 6 — AB 2557 Attachment A
84
line 1 (l)
line 2 (m) The amendments to this section adding this subdivision
line 3 shall apply on and after January 1, 2025. These amendments shall
line 4 apply prospectively only and shall not be construed, applied, or
line 5 otherwise interpreted to have any effect on or application to any
line 6 contract entered into before January 1, 2025.
line 7 SEC. 2. Section 31000.4 of the Government Code is amended
line 8 to read:
line 9 31000.4. (a) (1) The board of supervisors may contract with
line 10 temporary help firms for temporary help to assist county agencies,
line 11 departments, or offices during any peak load, temporary absence,
line 12 or emergency other than a labor dispute, provided the board
line 13 determines that it is in the economic interest of the county to
line 14 provide that temporary help by contract, rather than employing
line 15 persons for that purpose. Use of temporary help under this section
line 16 shall be limited to a period of not to exceed 90 days for any single
line 17 peak load, temporary absence, or emergency situation.
line 18 (2) Each contract for temporary help shall include specific
line 19 performance standards and requirements, including, but not limited
line 20 to, objectives and deliverables.
line 21 (b) At least 90 days before beginning a procurement process to
line 22 contract with persons for temporary help that are currently, or were
line 23 in the prior 10 years, performed by employees represented by an
line 24 employee organization, as defined in subdivision (a) of Section
line 25 3501, shall notify, in writing, the exclusive employee representative
line 26 of the workforce affected by the contract of its determination to
line 27 begin that process.
line 28 (c) Each person who enters into a contract exceeding 60 days
line 29 with the board of supervisors pursuant to subdivision (a) to perform
line 30 functions that are currently, or were in the prior 10 years, performed
line 31 by employees represented by an employee organization, as defined
line 32 in subdivision (a) of Section 3501, shall submit monthly
line 33 performance reports, every 30 days, to the funding agency and the
line 34 exclusive representative of the employee organization.
line 35 (d) The monthly performance reports shall include all of the
line 36 following:
line 37 (1) A list of all contract objectives that describe the goals of the
line 38 contract.
97
AB 2557 — 7 — Attachment A
85
line 1 (2) A description of all deliverables the contractor has provided
line 2 that include tangible and intangible services or goods that are
line 3 measurable and produced as a result of the contract.
line 4 (3) A description of the contractor’s progress towards contract
line 5 objectives identified in paragraph (1).
line 6 (4) A list of all financial expenditures incurred for services
line 7 provided, including, but not limited to, personnel costs, direct
line 8 expenses, and indirect expenses, and their corresponding
line 9 deliverables.
line 10 (5) The number of each contractor and subcontractor’s
line 11 employees, organized by job category, sex, race, and ethnicity,
line 12 and the number of each contractor and subcontractor’s independent
line 13 contractors by job category, sex, race, and ethnicity.
line 14 (6) (A) The names of any subcontractors providing services
line 15 under the contract, and the names of the employees of the
line 16 contractor and any subcontractors providing services pursuant to
line 17 the contract.
line 18 (B) The hourly rates, total compensation, and pay scales for the
line 19 individuals identified in subparagraph (A), including, but not
line 20 limited to, applicable hourly pay, overtime pay, benefits, and
line 21 retirement, (A) organized by job classification.
line 22 (C) The names of any workers providing services pursuant to
line 23 the contract as independent contractors.
line 24 (D) The hourly rates, total compensation, and pay scales for the
line 25 individuals identified in subparagraph (C), including, but not
line 26 limited to, applicable hourly pay, overtime pay, benefits, and
line 27 retirement, (C) organized by job classification.
line 28 (7) Performance standard metrics for individual contractor and
line 29 subcontractor employees performing work pursuant to the contract.
line 30 (e) The board of supervisors or its representative shall monitor
line 31 monthly performance reports to evaluate the quality of services.
line 32 The board shall withhold payment to the contractor under any of
line 33 the following circumstances, which constitute a breach of contract:
line 34 (1) (A) Three or more consecutive monthly performance reports
line 35 are deemed as underperforming by a representative of the board
line 36 of supervisors or a representative of the exclusive bargaining unit.
line 37 (B) If a contractor submits a plan to achieve substantial
line 38 compliance with the contract and this section, the board of
line 39 supervisors shall immediately resume making payments to the
line 40 contractor, including all previously withheld payments unless,
97
— 8 — AB 2557 Attachment A
86
line 1 within a reasonable time, the board of supervisors, the employee
line 2 organization, or assigned representatives reject the plan as
line 3 insufficient and explain the reasons for the rejection.
line 4 (2) (A) The contractor fails to provide the monthly reports
line 5 required by this section or provides a report that is incomplete.
line 6 (B) The board of supervisors shall withhold further payments
line 7 until all complete reports are provided. The board of supervisors
line 8 shall immediately resume making payments to the contractor,
line 9 including all previously withheld payments unless, within a
line 10 reasonable time, the board of supervisors, the employee
line 11 organization, or assigned representatives reject the reports as
line 12 incomplete and explain the reasons for the rejection.
line 13 (f) The monthly performance reports shall not be required for
line 14 contracts between governmental entities.
line 15 (g) The contract shall provide that all records provided to the
line 16 county by the contractor shall be subject to the California Public
line 17 Records Act (Division 10 (commencing with Section 7920.000)
line 18 of Title 1). In furtherance of this subdivision, contractors and any
line 19 subcontractors shall maintain records related to performance of
line 20 the contract that ordinarily would be maintained by the county in
line 21 performing the same functions.
line 22 (h) For purposes of this section, the following definitions apply:
line 23 (1) “Deliverables” means the agreed upon services set forth in
line 24 the contract, the expected rate of delivery, and the success of those
line 25 services.
line 26 (2) A plan is “insufficient” if service falls below the average
line 27 rate of completion by the workers of the affected bargaining unit.
line 28 (3) “Total compensation” means the complete payment provided
line 29 to a contracted employee throughout the duration of the contract,
line 30 including, but not limited to, applicable hourly pay, overtime pay,
line 31 benefits, and retirement.
line 32 (4) A performance report is “underperforming” if the contractor
line 33 fails to meet the expected delivery of services in a manner that
line 34 would lead to an extension of the contract or at a rate below the
line 35 agreed upon standards.
line 36 (h)
line 37 (i) The provisions of this section are severable. If any provision
line 38 of this section or its application is held invalid, the invalidity shall
line 39 not affect other provisions or applications that can be given effect
line 40 without the invalid provision or application.
97
AB 2557 — 9 — Attachment A
87
line 1 (i)
line 2 (j) The Legislature finds and declares that this section addresses
line 3 ensuring that the replacement of bargaining unit work with
line 4 contracted employees does not undermine public employee
line 5 relations is a matter of statewide concern for purposes of Section
line 6 4 of Article XI of the California Constitution. Therefore, this
line 7 section applies to all counties, including charter counties.
line 8 (j)
line 9 (k) The amendments to this section adding this subdivision shall
line 10 apply on and after January 1, 2025. These amendments shall apply
line 11 prospectively only and shall not be construed, applied, or otherwise
line 12 interpreted to have any effect on or application to any contract
line 13 entered into before January 1, 2025.
line 14 SEC. 3. Section 37103 of the Government Code is amended
line 15 to read:
line 16 37103. (a) (1) The legislative body may contract with any
line 17 specially trained and experienced person, firm, or corporation for
line 18 special services and advice in financial, economic, accounting,
line 19 engineering, legal, or administrative matters.
line 20 (2) The legislative body may pay compensation to these experts
line 21 as it deems proper.
line 22 (3) Each contract for special services shall include specific
line 23 performance standards and requirements, including, but not limited
line 24 to, objectives and deliverables.
line 25 (b) At least 10 months before beginning a procurement process
line 26 to contract with persons for special services that are currently, or
line 27 were in the prior 10 years, performed by employees of the city
line 28 represented by an employee organization, as defined in subdivision
line 29 (a) of Section 3501, the legislative body, or its representative, shall
line 30 notify, in writing, the exclusive employee representative of the
line 31 workforce affected by the contract of its determination to begin
line 32 that process.
line 33 (c) Each person who enters into a contract with the legislative
line 34 body pursuant to subdivision (a) to perform functions that are
line 35 currently, or were in the prior 10 years, performed by employees
line 36 of the city represented by an employee organization, as defined in
line 37 subdivision (a) of Section 3501, shall submit quarterly performance
line 38 reports, every 90 days, to the legislative body and the exclusive
line 39 representative of the employee organization.
97
— 10 — AB 2557 Attachment A
88
line 1 (d) The quarterly performance reports shall include all of the
line 2 following:
line 3 (1) A list of all contract objectives that describe the goals of the
line 4 contract.
line 5 (2) A description of all deliverables the contractor has provided
line 6 that include tangible and intangible services or goods that are
line 7 measurable and produced as a result of the contract.
line 8 (3) A description of the contractor’s progress towards contract
line 9 objectives identified in paragraph (1).
line 10 (4) A list of all financial expenditures incurred for services
line 11 provided, including, but not limited to, personnel costs, direct
line 12 expenses, and indirect expenses, and their corresponding
line 13 deliverables.
line 14 (5) The number of each contractor and subcontractor’s
line 15 employees, organized by job category, sex, race, and ethnicity,
line 16 and the number of each contractor and subcontractor’s independent
line 17 contractors by job category, sex, race, and ethnicity.
line 18 (6) (A) The names of any subcontractors providing services
line 19 under the contract, and the names of the employees of the
line 20 contractor and any subcontractors providing services pursuant to
line 21 the contract.
line 22 (B) The hourly rates, total compensation, and pay scales for the
line 23 individuals identified in subparagraph (A), including, but not
line 24 limited to, applicable hourly pay, overtime pay, benefits, and
line 25 retirement, (A) organized by job classification.
line 26 (C) The names of any workers providing services pursuant to
line 27 the contract as independent contractors.
line 28 (D) The hourly rates, total compensation, and pay scales for the
line 29 individuals identified in subparagraph (C), including, but not
line 30 limited to, applicable hourly pay, overtime pay, benefits, and
line 31 retirement, (C) organized by job classification.
line 32 (7) Performance standard metrics for individual contractor and
line 33 subcontractor employees performing work pursuant to the contract.
line 34 (e) The legislative body or its representative shall monitor
line 35 quarterly performance reports to evaluate the quality of services.
line 36 The legislative body shall withhold payment to the contractor under
line 37 any of the following circumstances, which constitute a breach of
line 38 contract:
line 39 (1) (A) Three or more consecutive quarterly performance
line 40 reports are deemed as underperforming by a representative of the
97
AB 2557 — 11 — Attachment A
89
line 1 legislative body or a representative of the exclusive bargaining
line 2 unit.
line 3 (B) If a contractor submits a plan to achieve substantial
line 4 compliance with the contract and this section, the legislative body
line 5 shall immediately resume making payments to the contractor,
line 6 including all previously withheld payments unless, within a
line 7 reasonable time, the legislative body, the employee organization,
line 8 or assigned representatives reject the plan as insufficient and
line 9 explain the reasons for the rejection.
line 10 (2) (A) The contractor fails to provide the quarterly reports
line 11 required by this section or provides a report that is incomplete.
line 12 (B) The legislative body shall withhold further payments until
line 13 all complete reports are provided. The legislative body shall
line 14 immediately resume making payments to the contractor, including
line 15 all previously withheld payments unless, within a reasonable time,
line 16 the legislative body, the employee organization, or assigned
line 17 representatives reject the reports as incomplete and explain the
line 18 reasons for the rejection.
line 19 (f) The quarterly performance reports shall not be required for
line 20 contracts between governmental entities.
line 21 (g) Contract terms exceeding two years shall undergo a
line 22 performance audit by an independent auditor approved by the
line 23 legislative body, to determine whether the performance standards
line 24 are being met. Audits shall be conducted at least one year before
line 25 the contract expires or qualifies for renewal or extension. The
line 26 independent auditor shall present the findings of the audit report
line 27 during a public session of the legislative body. The legislative
line 28 body shall not renew or extend a contract before receiving and
line 29 evaluating the audit report in conference with a representative of
line 30 the exclusive bargaining unit.
line 31 (h) The contractor shall reimburse the legislative body for the
line 32 cost of the audit. A contractor shall not factor the costs of the audit
line 33 into the contract costs with the legislative body.
line 34 (i) The contract shall provide that all records provided to the
line 35 city by the contractor shall be subject to the California Public
line 36 Records Act (Division 10 (commencing with Section 7920.000)
line 37 of Title 1). In furtherance of this subdivision, contractors and any
line 38 subcontractors shall maintain records related to performance of
line 39 the contract that ordinarily would be maintained by the county in
line 40 performing the same functions.
97
— 12 — AB 2557 Attachment A
90
line 1 (j) For purposes of this section, the following definitions apply:
line 2 (1) “Deliverables” means the agreed upon services set forth in
line 3 the contract, the expected rate of delivery, and the success of those
line 4 services.
line 5 (2) A plan is “insufficient” if service falls below the average
line 6 rate of completion by the workers of the affected bargaining unit.
line 7 (3) “Total compensation” means the complete payment provided
line 8 to a contracted employee throughout the duration of the contract,
line 9 including, but not limited to, applicable hourly pay, overtime pay,
line 10 benefits, and retirement.
line 11 (4) A performance report is “underperforming” if the contractor
line 12 fails to meet the expected delivery of services in a manner that
line 13 would lead to an extension of the contract or at a rate below the
line 14 agreed upon standards.
line 15 (j)
line 16 (k) The provisions of this section are severable. If any provision
line 17 of this section or its application is held invalid, the invalidity shall
line 18 not affect other provisions or applications that can be given effect
line 19 without the invalid provision or application.
line 20 (k)
line 21 (l) The Legislature finds and declares that this section addresses
line 22 ensuring that the replacement of bargaining unit work with
line 23 contracted employees does not undermine public employee
line 24 relations is a matter of statewide concern rather than a municipal
line 25 affair as that term is used in Section 5 of Article XI of the
line 26 California Constitution. Therefore, this section applies to all cities,
line 27 including charter cities.
line 28 (l)
line 29 (m) The amendments to this section adding this subdivision
line 30 shall apply on and after January 1, 2025. These amendments shall
line 31 apply prospectively only and shall not be construed, applied, or
line 32 otherwise interpreted to have any effect on or application to any
line 33 contract entered into before January 1, 2025.
line 34 SEC. 4. Section 53060 of the Government Code is amended
line 35 to read:
line 36 53060. (a) (1) The legislative body of any public or municipal
line 37 corporation or district may contract with and employ any persons
line 38 for the furnishing to the corporation or district special services and
line 39 advice in financial, economic, accounting, engineering, legal, or
97
AB 2557 — 13 — Attachment A
91
line 1 administrative matters if such persons are specially trained and
line 2 experienced and competent to perform the special services required.
line 3 (2) The authority given to contract shall include the right of the
line 4 legislative body of the corporation or district to contract for the
line 5 issuance and preparation of payroll checks.
line 6 (3) The legislative body of the corporation or district may pay
line 7 from any available funds compensation to persons as it deems
line 8 proper for the services rendered.
line 9 (4) Each contract for special services shall include specific
line 10 performance standards and requirements, including, but not limited
line 11 to, objectives and deliverables.
line 12 (b) At least 10 months before beginning a procurement process
line 13 to contract with persons for special services that are currently, or
line 14 were in the prior 10 years, performed by employees of corporation
line 15 or district represented by an employee organization, as defined in
line 16 subdivision (a) of Section 3501, the legislative body, or its
line 17 representative, shall notify, in writing, the exclusive employee
line 18 representative of the workforce affected by the contract of its
line 19 determination to begin that process.
line 20 (c) Each person who enters into a contract with a legislative
line 21 body pursuant to subdivision (a) to perform functions that are
line 22 currently, or were in the prior 10 years, performed by employees
line 23 of the corporation or district represented by an employee
line 24 organization, as defined in subdivision (a) of Section 3501, shall
line 25 submit quarterly performance reports, every 90 days, to the
line 26 legislative body and the exclusive representative of the employee
line 27 organization.
line 28 (d) The quarterly performance reports shall include all of the
line 29 following:
line 30 (1) A list of all contract objectives that describe the goals of the
line 31 contract.
line 32 (2) A description of all deliverables the contractor has provided
line 33 that include tangible and intangible services or goods that are
line 34 measurable and produced as a result of the contract.
line 35 (3) A description of the contractor’s progress towards contract
line 36 objectives identified in paragraph (1).
line 37 (4) A list of all financial expenditures incurred for services
line 38 provided, including, but not limited to, personnel costs, direct
line 39 expenses, and indirect expenses, and their corresponding
line 40 deliverables.
97
— 14 — AB 2557 Attachment A
92
line 1 (5) The number of each contractor and subcontractor’s
line 2 employees, organized by job category, sex, race, and ethnicity,
line 3 and the number of each contractor and subcontractor’s independent
line 4 contractors by job category, sex, race, and ethnicity.
line 5 (6) (A) The names of any subcontractors providing services
line 6 under the contract, and the names of the employees of the
line 7 contractor and any subcontractors providing services pursuant to
line 8 the contract.
line 9 (B) The hourly rates, total compensation, and pay scales for the
line 10 individuals identified in subparagraph (A), including, but not
line 11 limited to, applicable hourly pay, overtime pay, benefits, and
line 12 retirement, (A) organized by job classification.
line 13 (C) The names of any workers providing services pursuant to
line 14 the contract as independent contractors.
line 15 (D) The hourly rates, total compensation, and pay scales for the
line 16 individuals identified in subparagraph (C), including, but not
line 17 limited to, applicable hourly pay, overtime pay, benefits, and
line 18 retirement, (C) organized by job classification.
line 19 (7) Performance standard metrics for individual contractor and
line 20 subcontractor employees performing work pursuant to the contract.
line 21 (e) The legislative body or its representative shall monitor
line 22 quarterly performance reports to evaluate the quality of services.
line 23 The legislative body shall withhold payment to the contractor under
line 24 any of the following circumstances, which constitute a breach of
line 25 contract:
line 26 (1) (A) Three or more consecutive quarterly performance
line 27 reports are deemed as underperforming by a representative of the
line 28 legislative body or a representative of the exclusive bargaining
line 29 unit.
line 30 (B) If a contractor submits a plan to achieve substantial
line 31 compliance with the contract and this section, the legislative body
line 32 shall immediately resume making payments to the contractor,
line 33 including all previously withheld payments unless, within a
line 34 reasonable time, the legislative body, the employee organization,
line 35 or assigned representatives reject the plan as insufficient and
line 36 explain the reasons for the rejection.
line 37 (2) (A) The contractor fails to provide the quarterly reports
line 38 required by this section or provides a report that is incomplete.
line 39 (B) The legislative body shall withhold further payments until
line 40 all complete reports are provided. The legislative body shall
97
AB 2557 — 15 — Attachment A
93
line 1 immediately resume making payments to the contractor, including
line 2 all previously withheld payments unless, within a reasonable time,
line 3 the legislative body, the employee organization, or assigned
line 4 representatives reject the reports as incomplete and explain the
line 5 reasons for the rejection.
line 6 (f) The quarterly performance reports shall not be required for
line 7 contracts between governmental entities.
line 8 (g) Contract terms exceeding two years shall undergo a
line 9 performance audit by an independent auditor approved by the
line 10 legislative body, to determine whether the performance standards
line 11 are being met. Audits shall be conducted at least one year before
line 12 the contract expires or qualifies for renewal or extension. The
line 13 independent auditor shall present the findings of the audit report
line 14 during a public session of the legislative body. The legislative
line 15 body shall not renew or extend a contract before receiving and
line 16 evaluating the audit report in conference with a representative of
line 17 the exclusive bargaining unit.
line 18 (h) The contractor shall reimburse the legislative body for the
line 19 cost of the audit. A contractor shall not factor the costs of the audit
line 20 into the contract costs with the legislative body.
line 21 (i) The contract shall provide that all records provided to the
line 22 legislative body by the contractor shall be subject to the California
line 23 Public Records Act (Division 10 (commencing with Section
line 24 7920.000) of Title 1). In furtherance of this subdivision, contractors
line 25 and any subcontractors shall maintain records related to
line 26 performance of the contract that ordinarily would be maintained
line 27 by the county in performing the same functions.
line 28 (j) For purposes of this section, the following definitions apply:
line 29 (1) “Deliverables” means the agreed upon services set forth in
line 30 the contract, the expected rate of delivery, and the success of those
line 31 services.
line 32 (2) A plan is “insufficient” if service falls below the average
line 33 rate of completion by the workers of the affected bargaining unit.
line 34 (3) “Total compensation” means the complete payment provided
line 35 to a contracted employee throughout the duration of the contract,
line 36 including, but not limited to, applicable hourly pay, overtime pay,
line 37 benefits, and retirement.
line 38 (4) A performance report is “underperforming” if the contractor
line 39 fails to meet the expected delivery of services in a manner that
97
— 16 — AB 2557 Attachment A
94
line 1 would lead to an extension of the contract or at a rate below the
line 2 agreed upon standards.
line 3 (j)
line 4 (k) The provisions of this section are severable. If any provision
line 5 of this section or its application is held invalid, the invalidity shall
line 6 not affect other provisions or applications that can be given effect
line 7 without the invalid provision or application.
line 8 (k)
line 9 (l) The Legislature finds and declares that this section addresses
line 10 ensuring that the replacement of bargaining unit work with
line 11 contracted employees does not undermine public employee
line 12 relations is a matter of statewide concern rather than a municipal
line 13 affair as that term is used in Section 5 of Article XI of the
line 14 California Constitution and for purposes of Section 4 of Article
line 15 XI of the California Constitution. Therefore, this section applies
line 16 to all cities and all counties, including charter cities and charter
line 17 counties.
line 18 (l)
line 19 (m) The amendments to this section adding this subdivision
line 20 shall apply on and after January 1, 2025. These amendments shall
line 21 apply prospectively only and shall not be construed, applied, or
line 22 otherwise interpreted to have any effect on or application to any
line 23 contract entered into before January 1, 2025.
line 24 SEC. 5. If the Commission on State Mandates determines that
line 25 this act contains costs mandated by the state, reimbursement to
line 26 local agencies and school districts for those costs shall be made
line 27 pursuant to Part 7 (commencing with Section 17500) of Division
line 28 4 of Title 2 of the Government Code.
O
97
AB 2557 — 17 — Attachment A
95
AMENDED IN ASSEMBLY MARCH 21, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2489
Introduced by Assembly Member Ward
February 13, 2024
An act to amend Section 31000 Sections 31000, 31000.4, 37103, and
53060 of the Government Code, relating to local government.
legislative counsel’s digest
AB 2489, as amended, Ward. Special services contracts. Local
agencies: contracts for special services and temporary help.
(1) Existing law relating to the government of counties authorizes a
county board of supervisors to contract for certain types of special
services on behalf of the county, any county officer or department, or
any district or court in the county. Existing law requires those special
services contracts to be with persons who are specially trained,
experienced, expert, and competent to perform those services.
This bill would require the board or a representative, at least 10
months before beginning a procurement process to contract with persons
for special services that are currently, or were in the previous 10 years,
performed by employees of the county represented by an employee
organization, to notify, in writing, the exclusive employee representative
of the workforce affected by the contract of its determination to begin
that process. The bill would require persons with whom the board of
supervisors enter into a contract for special services to perform
functions that are currently, or were in the previous 10 years, performed
by employees of the county, any county officer or department, or any
district or court in the county represented by an employee organization
to use employees who meet or exceed the minimum qualifications and
98 Attachment A
96
standards required of bargaining unit civil service employees who
perform or performed the same job functions, as specified. The bill
would also require those persons to provide information to the county
sufficient to show that their employees meet the minimum qualifications
and standards. The bill would specify that these provisions do not apply
to contracts between governmental entities.
(2) Existing law authorizes a county board of supervisors to contract
with temporary help firms for temporary help to assist county agencies,
departments, or offices during any peak load, temporary absence, or
emergency other than a labor dispute, if the board determines that it
is in the economic interest of the county to do so. Existing law limits
the use of temporary help to no more than 90 days for any single peak
load, temporary absence, or emergency situation.
This bill would impose requirements similar to those described in (1)
for board contracts for temporary help, except that notice must be
provided 90 days before beginning a procurement process to contract
for temporary help.
(3) Existing law relating to the government of cities authorizes the
legislative body of a city to contract with any specially trained and
experienced person, firm, or corporation for special services and advice
in financial, economic, accounting, engineering, legal, or administrative
matters.
This bill would impose requirements similar to those described in (1)
for city council contracts for special services.
(4) Existing law authorizes the legislative body of a public or
municipal corporation or district to contract with persons performing
special services in regard to financial, economic, accounting,
engineering, legal, and administrative matters if those persons are
specially trained and experienced and competent to perform the special
services required.
This bill would impose requirements similar to those described in (1)
for legislative body contracts for special services. The bill would clarify
that special services include those for transit operation.
(5) The bill would include findings that changes proposed by this
bill address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all counties and cities, including charter
counties and charter cities.
(6) By imposing new duties on local government agencies, the bill
would create a state-mandated local program.
98
— 2 — AB 2489 Attachment A
97
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.
Existing law authorizes a county board of supervisors to contract for
special services on behalf of the county, any county officer or
department, or any district or court in the county.
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 31000 of the Government Code is
line 2 amended to read:
line 3 31000. (a) (1) The board of supervisors may contract for
line 4 special services on behalf of the following public entities: the
line 5 county, any county officer or department, or any district or court
line 6 in the county. Such entities:
line 7 (A) The county.
line 8 (B) Any county officer or department.
line 9 (C) Any district or court in the county.
line 10 (2) Such contracts shall be with persons specially trained,
line 11 experienced, expert and competent to perform the special services.
line 12 The
line 13 (3) The special services shall consist of services, advice,
line 14 education education, or training for such public entities or the
line 15 employees thereof. The
line 16 (4) The special services shall be in financial, economic,
line 17 accounting (including accounting, including the preparation and
line 18 issuance of payroll checks or warrants), warrants, engineering,
line 19 legal, medical, therapeutic, administrative, architectural, airport
line 20 or building security matters, laundry services services, or linen
line 21 services. They The special services may include maintenance or
line 22 custodial matters if the board finds that the site is remote from
line 23 available county employee resources and that the county’s
98
AB 2489 — 3 — Attachment A
98
line 1 economic interests are served by such a contract rather than by
line 2 paying additional travel and subsistence expenses to existing county
line 3 employees. The
line 4 (5) The board of supervisors may pay from any available funds
line 5 such compensation as it deems proper for these special services.
line 6 The
line 7 (6) The board of supervisors may, by ordinance, direct the
line 8 purchasing agent to enter into contracts authorized by this section
line 9 within the monetary limit specified in Section 25502.5 of the
line 10 Government Code.
line 11 (b) (1) At least 10 months before beginning a procurement
line 12 process to contract for special services that are currently, or were
line 13 in the previous 10 years, performed by employees of the county,
line 14 any county officer or department, or any district or court in the
line 15 county represented by an employee organization, the board of
line 16 supervisors, or its representative, shall notify, in writing, the
line 17 exclusive employee representative of the workforce affected by the
line 18 contract of its determination to begin that process.
line 19 (2) Persons with whom the board of supervisors enter into a
line 20 contract for special services to perform functions that are currently,
line 21 or were in the previous 10 years, performed by employees of the
line 22 county, any county officer or department, or any district or court
line 23 in the county represented by an employee organization shall use
line 24 employees who meet or exceed the minimum qualifications and
line 25 standards required of bargaining unit civil service employees who
line 26 perform or performed the same job functions, which may include,
line 27 but are not limited to, the following qualifications and standards,
line 28 as applicable:
line 29 (A) Criminal history and background checks before beginning
line 30 employment.
line 31 (B) Academic attainment.
line 32 (C) Licensure.
line 33 (D) Years of experience.
line 34 (E) Child and elder abuse reporting.
line 35 (F) Physical requirements.
line 36 (G) Assessment exams.
line 37 (H) Performance standards.
line 38 (3) Persons with whom the board of supervisors enter into a
line 39 contract for special services shall provide information to the county
line 40 sufficient to show that their employees meet the minimum
98
— 4 — AB 2489 Attachment A
99
line 1 qualifications and standards described in paragraph (2), and shall
line 2 retain this information for at least two years.
line 3 (4) A contract for special services subject to this subdivision
line 4 shall require that all records provided to the county pursuant to
line 5 paragraph (3) shall be subject to the California Public Records
line 6 Act (Division 10 (commencing with Section 7920.000) of Title 1).
line 7 In furtherance of this subdivision, contractors and any
line 8 subcontractors shall maintain records related to performance of
line 9 the contract that ordinarily would be maintained by the county in
line 10 performing the same functions.
line 11 (5) (A) This subdivision does not apply to contracts between
line 12 governmental entities.
line 13 (B) This subdivision does not limit the applicability of the
line 14 California Public Records Act (Division 10 (commencing with
line 15 Section 7920.000) of Title 1) to contracts between governmental
line 16 entities.
line 17 (6) This subdivision shall apply to contracts with persons for
line 18 special services entered into on and after January 1, 2025. This
line 19 subdivision shall apply prospectively only and shall not be
line 20 construed, applied, or otherwise interpreted to have any effect on
line 21 or application to any contract entered into before the effective
line 22 date of the act adding this subdivision.
line 23 (7) For purposes of this subdivision:
line 24 (A) “Contract for special services” means a contract entered
line 25 into by the board of supervisors pursuant to subdivision (a).
line 26 (B) “Employee organization” means the same as defined in
line 27 subdivision (a) of Section 3501.
line 28 (8) The Legislature finds and declares that this subdivision
line 29 addresses a matter of statewide concern rather than a municipal
line 30 affair as that term is used in Section 4 of Article XI of the
line 31 California Constitution. Therefore, this subdivision applies to all
line 32 counties, including charter counties and the provisions of this
line 33 subdivision shall supersede any inconsistent provisions in the
line 34 charter of any county.
line 35 (9) The provisions of this subdivision are severable. If any
line 36 provision of this subdivision or its application is held invalid, that
line 37 invalidity shall not affect other provisions or applications that can
line 38 be given effect without the invalid provision or application.
line 39 SEC. 2. Section 31000.4 of the Government Code is amended
line 40 to read:
98
AB 2489 — 5 — Attachment A
100
line 1 31000.4. (a) The board of supervisors may contract with
line 2 temporary help firms for temporary help to assist county agencies,
line 3 departments, or offices during any peak load, temporary absence,
line 4 or emergency other than a labor dispute, provided the board
line 5 determines that it is in the economic interest of the county to
line 6 provide such temporary help by contract, rather than employing
line 7 persons for such purpose. Use of temporary help under this section
line 8 shall be limited to a period of not to exceed 90 days for any single
line 9 peak load, temporary absence, or emergency situation.
line 10 (b) (1) At least 90 days before beginning a procurement process
line 11 to contract for temporary help to perform functions that are
line 12 currently, or were in the previous 10 years, performed by
line 13 employees of the county agency, department, or office in the county
line 14 represented by an employee organization, the board of supervisors,
line 15 or its representative, shall notify, in writing, the exclusive employee
line 16 representative of the workforce affected by the contract of its
line 17 determination to begin that process.
line 18 (2) Persons with whom the board of supervisors enter into a
line 19 contract for special services to perform functions that are currently,
line 20 or were in the previous 10 years, performed by employees of the
line 21 county agency, department, or office represented by an employee
line 22 organization shall use employees who meet or exceed the minimum
line 23 qualifications and standards required of bargaining unit civil
line 24 service employees who perform or performed the same job
line 25 functions, which may include, but are not limited to, the following
line 26 qualifications and standards, as applicable:
line 27 (A) Criminal history and background checks before beginning
line 28 employment.
line 29 (B) Academic attainment.
line 30 (C) Licensure.
line 31 (D) Years of experience.
line 32 (E) Child and elder abuse reporting.
line 33 (F) Physical requirements.
line 34 (G) Assessment exams.
line 35 (H) Performance standards.
line 36 (3) Persons with whom the board of supervisors enter into a
line 37 contract for special services shall provide information to the county
line 38 sufficient to show that their employees meet the minimum
line 39 qualifications and standards described in paragraph (2), and shall
line 40 retain this information for at least two years.
98
— 6 — AB 2489 Attachment A
101
line 1 (4) A contract for special services subject to this subdivision
line 2 shall require that all records provided to the county pursuant to
line 3 paragraph (3) shall be subject to the California Public Records
line 4 Act (Division 10 (commencing with Section 7920.000) of Title 1).
line 5 In furtherance of this subdivision, contractors and any
line 6 subcontractors shall maintain records related to performance of
line 7 the contract that ordinarily would be maintained by the county in
line 8 performing the same functions.
line 9 (5) (A) This subdivision does not apply to contracts between
line 10 governmental entities.
line 11 (B) This subdivision does not limit the applicability of the
line 12 California Public Records Act (Division 10 (commencing with
line 13 Section 7920.000) of Title 1) to contracts between governmental
line 14 entities.
line 15 (6) This subdivision shall apply to contracts with persons for
line 16 special services entered into on and after January 1, 2025. This
line 17 subdivision shall apply prospectively only and shall not be
line 18 construed, applied, or otherwise interpreted to have any effect on
line 19 or application to any contract entered into before the effective
line 20 date of the act adding this subdivision.
line 21 (7) For purposes of this subdivision:
line 22 (A) “Contract for temporary help” means a contract entered
line 23 into by the board of supervisors pursuant to subdivision (a).
line 24 (B) “Employee organization” means the same as defined in
line 25 subdivision (a) of Section 3501.
line 26 (8) The Legislature finds and declares that this subdivision
line 27 addresses a matter of statewide concern rather than a municipal
line 28 affair as that term is used in Section 4 of Article XI of the
line 29 California Constitution. Therefore, this subdivision applies to all
line 30 counties, including charter counties and the provisions of this
line 31 subdivision shall supersede any inconsistent provisions in the
line 32 charter of any county.
line 33 (9) The provisions of this subdivision are severable. If any
line 34 provision of this subdivision or its application is held invalid, that
line 35 invalidity shall not affect other provisions or applications that can
line 36 be given effect without the invalid provision or application.
line 37 SEC. 3. Section 37103 of the Government Code is amended to
line 38 read:
line 39 37103. (a) (1) The legislative body may contract with any
line 40 specially trained and experienced person, firm, or corporation for
98
AB 2489 — 7 — Attachment A
102
line 1 special services and advice in financial, economic, accounting,
line 2 engineering, legal, or administrative matters.
line 3 It
line 4 (2) The legislative body may pay such compensation to these
line 5 experts as it deems proper.
line 6 (b) (1) At least 10 months before beginning a procurement
line 7 process to contract for special services that are currently, or were
line 8 in the previous 10 years, performed by employees of the city
line 9 represented by an employee organization, the legislative body, or
line 10 its representative, shall notify, in writing, the exclusive employee
line 11 representative of the workforce affected by the contract of its
line 12 determination to begin that process
line 13 (2) Persons with whom the legislative body enters into a contract
line 14 for special services to perform functions that are currently, or
line 15 were in the previous 10 years, performed by employees of the city
line 16 represented by an employee organization shall use employees who
line 17 meet or exceed the minimum qualifications and standards required
line 18 of bargaining unit civil service employees who perform or
line 19 performed the same job functions, which may include, but are not
line 20 limited to, the following qualifications and standards, as
line 21 applicable:
line 22 (A) Criminal history and background checks before beginning
line 23 employment.
line 24 (B) Academic attainment.
line 25 (C) Licensure.
line 26 (D) Years of experience.
line 27 (E) Child and elder abuse reporting.
line 28 (F) Physical requirements.
line 29 (G) Assessment exams.
line 30 (H) Performance standards.
line 31 (3) Persons with whom the legislative body enter into a contract
line 32 for special services shall provide information to the city sufficient
line 33 to show that their employees meet the minimum qualifications and
line 34 standards described in paragraph (2), and shall retain this
line 35 information for at least two years.
line 36 (4) A contract for special services subject to this subdivision
line 37 shall require that all records provided to the city pursuant to
line 38 paragraph (3) shall be subject to the California Public Records
line 39 Act (Division 10 (commencing with Section 7920.000) of Title 1).
line 40 In furtherance of this subdivision, contractors and any
98
— 8 — AB 2489 Attachment A
103
line 1 subcontractors shall maintain records related to performance of
line 2 the contract that ordinarily would be maintained by the city in
line 3 performing the same functions.
line 4 (5) (A) This subdivision does not apply to contracts between
line 5 governmental entities.
line 6 (B) This subdivision does not limit the applicability of the
line 7 California Public Records Act (Division 10 (commencing with
line 8 Section 7920.000) of Title 1) to contracts between governmental
line 9 entities.
line 10 (6) This subdivision shall apply to contracts with persons for
line 11 special services entered into on and after January 1, 2025. This
line 12 subdivision shall apply prospectively only and shall not be
line 13 construed, applied, or otherwise interpreted to have any effect on
line 14 or application to any contract entered into before the effective
line 15 date of the act adding this subdivision.
line 16 (7) For purposes of this subdivision:
line 17 (A) “Contract for special services” means a contract entered
line 18 into by the legislative body pursuant to subdivision (a).
line 19 (B) “Employee organization” means the same as defined in
line 20 subdivision (a) of Section 3501.
line 21 (8) The Legislature finds and declares that this subdivision
line 22 addresses a matter of statewide concern rather than a municipal
line 23 affair as that term is used in Section 5 of Article XI of the
line 24 California Constitution. Therefore, this subdivision applies to all
line 25 cities, including charter cities and the provisions of this subdivision
line 26 shall supersede any inconsistent provisions in the charter of any
line 27 city.
line 28 (9) The provisions of this subdivision are severable. If any
line 29 provision of this subdivision or its application is held invalid, that
line 30 invalidity shall not affect other provisions or applications that can
line 31 be given effect without the invalid provision or application.
line 32 SEC. 4. Section 53060 of the Government Code is amended to
line 33 read:
line 34 53060. (a) (1) The legislative body of any public or municipal
line 35 corporation or district may contract with and employ any persons
line 36 for the furnishing to the corporation or district special services and
line 37 advice in financial, economic, accounting, engineering, legal,
line 38 transit operation, or administrative matters if such persons are
line 39 specially trained and experienced and competent to perform the
line 40 special services required.
98
AB 2489 — 9 — Attachment A
104
line 1 The
line 2 (2) The authority herein given to contract shall include the right
line 3 of the legislative body of the corporation or district to contract for
line 4 the issuance and preparation of payroll checks.
line 5 The
line 6 (3) The legislative body of the corporation or district may pay
line 7 from any available funds such compensation to such persons as it
line 8 deems proper for the services rendered.
line 9 (b) (1) At least 10 months before beginning a procurement
line 10 process to contract for special services that are currently, or were
line 11 in the previous 10 years, performed by employees of the
line 12 corporation or district represented by an employee organization,
line 13 the legislative body, or its representative, shall notify, in writing,
line 14 the exclusive employee representative of the workforce affected
line 15 by the contract of its determination to begin that process.
line 16 (2) Persons with whom the legislative body enter into a contract
line 17 for special services to perform functions that are currently, or
line 18 were in the previous 10 years, performed by employees of the
line 19 corporation or district represented by an employee organization
line 20 shall use employees who meet or exceed the minimum
line 21 qualifications and standards required of bargaining unit civil
line 22 service employees who perform or performed the same job
line 23 functions, which may include, but are not limited to, the following
line 24 qualifications and standards, as applicable:
line 25 (A) Criminal history and background checks before beginning
line 26 employment.
line 27 (B) Academic attainment.
line 28 (C) Licensure.
line 29 (D) Years of experience.
line 30 (E) Child and elder abuse reporting.
line 31 (F) Physical requirements.
line 32 (G) Assessment exams.
line 33 (3) Persons with whom the legislative body enter into a contract
line 34 for special services shall provide information to the corporation
line 35 or district sufficient to show that their employees meet the minimum
line 36 qualifications and standards described in paragraph (2), and shall
line 37 retain this information for at least two years.
line 38 (4) A contract for special services subject to this subdivision
line 39 shall require that all records provided to the corporation or district
line 40 pursuant to paragraph (3) shall be subject to the California Public
98
— 10 — AB 2489 Attachment A
105
line 1 Records Act (Division 10 (commencing with Section 7920.000) of
line 2 Title 1). In furtherance of this subdivision, contractors and any
line 3 subcontractors shall maintain records related to performance of
line 4 the contract that ordinarily would be maintained by the county in
line 5 performing the same functions.
line 6 (5) (A) This subdivision does not apply to contracts between
line 7 governmental entities.
line 8 (B) This subdivision does not limit the applicability of the
line 9 California Public Records Act (Division 10 (commencing with
line 10 Section 7920.000) of Title 1) to contracts between governmental
line 11 entities.
line 12 (6) This subdivision shall apply to contracts with persons for
line 13 special services entered into on and after January 1, 2025. This
line 14 subdivision shall apply prospectively only and shall not be
line 15 construed, applied, or otherwise interpreted to have any effect on
line 16 or application to any contract entered into before the effective
line 17 date of the act adding this subdivision.
line 18 (7) For purposes of this subdivision:
line 19 (A) “Contract for special services” means a contract entered
line 20 into by the legislative body pursuant to subdivision (a).
line 21 (B) “Employee organization” means the same as defined in
line 22 subdivision (a) of Section 3501.
line 23 (8) The Legislature finds and declares that this subdivision
line 24 addresses a matter of statewide concern rather than a municipal
line 25 affair as that term is used in Sections 4 and 5 of Article XI of the
line 26 California Constitution. Therefore, this subdivision applies to all
line 27 cities and counties, including charter cities and charter counties
line 28 and the provisions of this subdivision shall supersede any
line 29 inconsistent provisions in the charter of any city or county.
line 30 (9) The provisions of this subdivision are severable. If any
line 31 provision of this subdivision or its application is held invalid, that
line 32 invalidity shall not affect other provisions or applications that can
line 33 be given effect without the invalid provision or application.
line 34 SEC. 5. If the Commission on State Mandates determines that
line 35 this act contains costs mandated by the state, reimbursement to
line 36 local agencies and school districts for those costs shall be made
line 37 pursuant to Part 7 (commencing with Section 17500) of Division
line 38 4 of Title 2 of the Government Code.
line 39 SECTION 1. Section 31000 of the Government Code is
line 40 amended to read:
98
AB 2489 — 11 — Attachment A
106
line 1 31000. The board of supervisors may contract for special
line 2 services on behalf of the county, any county officer or department,
line 3 or any district or court in the county. These contracts shall be with
line 4 persons specially trained, experienced, expert, and competent to
line 5 perform the special services. The special services shall consist of
line 6 services, advice, education, or training for these public entities or
line 7 the employees thereof. The special services shall be in financial,
line 8 economic, accounting, including the preparation and issuance of
line 9 payroll checks or warrants, engineering, legal, medical, therapeutic,
line 10 administrative, architectural, airport or building security matters,
line 11 laundry services, or linen services. The special services may include
line 12 maintenance or custodial matters if the board finds that the site is
line 13 remote from available county employee resources and that the
line 14 county’s economic interests are served by the contract rather than
line 15 by paying additional travel and subsistence expenses to existing
line 16 county employees. The board may pay from any available funds
line 17 compensation as it deems proper for these special services. The
line 18 board of supervisors may, by ordinance, direct the purchasing
line 19 agent to enter into contracts authorized by this section within the
line 20 monetary limit specified in Section 25502.5.
O
98
— 12 — AB 2489 Attachment A
107
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:24-1116 Agenda Date:4/16/2024 Agenda #:8.
LEGISLATION COMMITTEE
Meeting Date: April 16, 2024
Subject:AB 3233 (Addis) Oil and Gas: Operations: Restrictions: Local Authority
Submitted For: Legislation Committee
Department: County Administrator’s Office
Referral No:
Referral Name: AB 3233 (Addis)
Presenter: L. DeLaney
Contact: (925) 655-2057
Referral History:
AB 3233 (Addis) was brought to the attention of the Committee staff through a referral from Supervisor Gioia’s
office. The Board’s adopted 2023-24 State Legislative Platform contains the following related policies:
“MAINTAIN local agency land use authority.” (p. 26)
“SUPPORT actions that…reduce exposure to toxic air pollutants and greenhouse gases…” (p.9)
“OPPOSE actions that result in reduced level of services to families, children, adults and seniors, or that lead to
preemption of local control.” (p. 21)
“SEEK more robust local regulatory and enforcement authority relative to the storage, transport, processing,
recovery, and disposal of hazardous or solid waste within our jurisdictional boundaries.” (p. 30)
Referral Update:
See Attachment A for the bill text of AB 3233. The Committee analysis of the bill is as follows:
Date of Hearing: April 8, 2024
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
AB 3233 (Addis) - As Amended March 21, 2024
SUBJECT: Oil and gas: operations: restrictions: local authority.
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SUMMARY: Authorizes a local entity, by ordinance, to limit or prohibit oil and gas operations or
development in its jurisdiction, as provided, notwithstanding any other law or any notice of intention,
supplemental notice, well stimulation permit, or similar authorization issued by the supervisor or district
deputy.
EXISTING LAW:
1) Establishes the Geologic Energy Management Division (CalGEM) in the Department of Conservation
under the direction of the State Oil and Gas Supervisor (supervisor), who is required to supervise the drilling,
operation, maintenance, and abandonment of oil and gas wells. (Public Resources Code (PRC) 3000 et seq.)
2) Requires the supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and
the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas
production. (PRC 3106)
3) Requires CalGEM to make all public information collected or maintained by CalGEM, including well
records, well logs, notices of intention (NOI), notice of violation, supplementary notices, field reports,
inspection reports, and correspondence, and requires CalGEM to develop and implement an education and
outreach program to provide training to local governmental entities on materials collected and maintained by
CalGEM related to oil and gas operations. (PRC 3115)
4) Requires the owner of any well to file a monthly statement with the supervisor that provides certain
information relating to the well, including the source, volume, treatment, and disposition of water produced in
oil and gas activities. (PRC 3227)
5) Authorizes the state to obtain primary enforcement responsibility for regulating the underground injection
of fluids associated with oil and gas production through the state’s own state underground injection control
program. (Federal Safe Drinking Water Act 1425)
6) Requires the State Water Resources Control Board to develop model groundwater monitoring criteria, to
be implemented either on a well-by-well basis for a well subject to well stimulation treatment or on a regional
scale. Provides that the model criteria for either a well-by-well basis for a well subject to well stimulation
treatment, or for a regional groundwater monitoring program, shall be used to satisfy the permitting
requirements for well stimulation treatments (WST) on oil and gas wells pursuant to PRC 3160. (Water Code
10783)
7) Pursuant to Governor Newsom’s direction, requires the State Air Resources Board (ARB) to evaluate how
to phase out oil extraction by 2045 through the climate change scoping plan, the state’s comprehensive, multi-
year regulatory and programmatic plan to achieve required reductions in greenhouse gas (GHG) emissions.
(Executive Order N-79-20)
8) Authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws. (Article XI, section 7 of the California
Constitution)
THIS BILL:
1) Revises the stated purposes of the Division of Oil and Gas operation regulation to include preserving
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California’s air, water, environment, natural resources, and advancing the state’s climate goals, and requires
CalGEM to minimize harm from oil and gas operation activities.
2) Authorizes, notwithstanding any other law, and notwithstanding any NOI, supplemental notice, well
stimulation permit, or similar authorization issued by the supervisor or district deputy, a local entity to, by
ordinance, prohibit oil and gas operations in its jurisdiction or impose regulations, limits, or prohibitions on oil
and gas development that are more protective of public health, the climate, or the environment than those
prescribed by a state law, regulation, or order.
3) Authorizes these limitations or prohibitions to include, but not be limited to, limitations or prohibitions
related to the methods of oil and gas operations and the locations of oil and gas operations.
4) Requires, if a local entity limits or prohibits oil and gas operations of an owner or operator, the owner or
operator to be responsible for plugging and abandoning its wells, decommissioning attendant production
facilities, and related measures, pursuant to the rules of the oil and gas statutory division.
5) Defines, for purposes of this bill, “local entity” as a city, county, or city and county.
6) Provides that the provisions of this bill are severable. If any provision of this act or its application is held
invalid, that invalidity shall not affect other provisions or applications that can be given effect without the
invalid provision or application.
FISCAL EFFECT: Unknown
COMMENTS:
1)Author’s statement:
Pollution from oil and gas production causes grave harm to our health, climate, and environment. For more than
a century, cities and counties have protected their residents’ health and safety by deciding whether, where, and
under what conditions to allow oil and gas projects to operate. As California transitions away from its
dependency on fossil fuels, more cities and counties have introduced ordinances to ban oil and gas operations.
Assembly Bill 3233 uplifts the voices of our local communities by codifying their right to enact these policies.
2)Oil production in CA.Oil production began in earnest in California in the late 1800s. In 1929, at the
peak of oil development in the Los Angeles Basin, California accounted for more than 22% of total world oil
production. California’s oil production reached an all-time high of almost 400 million barrels in 1985 and has
generally declined 2.2% annually since then. Despite that decline, California remains the third largest oil and
gas producing state, and as of 2022, produced 3% of the crude oil of the nation. That same year, California
supplied about 26% of all oil going into the state’s 17 oil refineries.
CalGEM has jurisdiction over more than 242,000 wells, including nearly 101,300 defined as active or idle oil
producers. CalGEM's authority extends from onshore to three miles offshore.
About 112,000 people are employed in California’s fossil fuel-based industries, amounting to about 0.6% the
state’s total workforce in 2019. The total job figure includes oil and gas extraction operations, as well as
support activities for all oil and gas projects, and other ancillary sectors, such as fossil fuel-based power
generation. According to the Western States Petroleum Association, the petroleum industry paid $26 billion in
wages and benefits in California to employees doing research, exploration, production and shipping, refining,
delivery, sales, and company operations.
3) State oversight of oil & gas production. In 1915, the Legislature created what is now CalGEM to ensure
the safe development and recovery of energy resources. CalGEM is charged with protecting public health,
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safety, and the environment as it oversees and regulates the drilling, operation, and eventual permanent closure
of oil, gas, and geothermal wells. The supervisor has broad authority to supervise the drilling, operation,
maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks
and facilities attendant to oil and gas production. The supervisor is also equipped with authority to oversee the
operation of wells and the methods to increase oil and gas extraction.
Further, CalGEM administers state regulations for the permitting, drilling, inspecting, testing, and sealing of
underground injection wells, which covers two types of wells: 1) those that inject water or steam for enhanced
oil recovery and 2) those that return the briny groundwater that comes up from oil formations during production
-typically unusable for drinking or agriculture-back into the underground source from which it came.
4)Local oversight.Depending on the well location and other factors, the jurisdictional powers of a local
government vary. Some jurisdictions have taken action to confirm their authority through ordinances or local
ballot measures.
In 2014, San Benito County voters approved Measure J with 58.9% of the vote to prohibit hydraulic fracturing
and related gas and oil extraction activities, as well as other "high-intensity petroleum operations," including
acid well stimulation and cyclic steam injection. Measure J also banned any new gas or oil drilling activity -
even conventional, low-intensity activity - in areas of the county zoned for residential or rural land use.
Citadel Exploration’s plan to drill up to 1,000 steam-injection wells at its Bitterwater oilfield, was prevented by
Measure J. Citadel filed a lawsuit against the county almost immediately after Measure J was approved,
claiming that local governments in California do not have the authority to ban fracking. Ultimately, Citadel
dropped the lawsuit.
In 2021, Culver City adopted an ordinance to prohibit the drilling of any new or re-drilling of any existing oil
wells within the Culver City portion of the Inglewood Oil Field and require the phasing out, plugging and
restoration of all existing oil and gas wells by no later than November 24, 2026. Sentinel Peak Resources
California LLC challenged the ordinance, and on December 7, 2023, Culver City and Sentinel executed a
Settlement Agreement to resolve Sentinel’s potential legal claims relating to the City’s Oil Termination
Ordinance. Under the agreement, Sentinel must plug and abandon a minimum of 15 wells by December 31,
2027, at a rate of a minimum of three wells per calendar year over the five-year period between 2023-2027.
Also in 2021, in response to the September 15, 2021, motion by the Los Angeles (LA) County Board of
Supervisors, LA County Planning prepared an ordinance to amend Title 22 - Planning and Zoning of the Los
Angeles County Code. For the unincorporated areas of LA County, the proposed ordinance prohibits new oil
wells and production facilities in all zones, designates existing oil wells and production facilities as
nonconforming uses in all zones, and establishes regulations for existing oil wells and production facilities.
In 2015, after Monterey County Supervisors rejected a fracking moratorium in 2015, local residents drafted an
initiative to ban fracking and limit certain oil operations. The resultant Measure Z sought to do several things:
ban fracking, acidizing, and other WSTs; ban new wastewater injection wells and wastewater ponds and phase
out existing wastewater injection wells and ponds; and, ban new oil and gas wells within Monterey County. The
initiative did not cover Monterey County’s 1,500+ existing oil and gas wells. Measure Z won with 56% of the
votes on November 8, 2016.
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While there is no fracking in Monterey County, Measure Z’s other two provisions, banning wastewater
injection and impoundment and drilling new wells, would have dramatically reduced oil production in
Monterey County.
On December 14, 2016, Chevron filed a petition for writ of mandate and complaint, alleging, among other
things, that Measure Z is preempted by state and federal law and would result in an unconstitutional taking of
their property.
On January 25, 2018, the superior court filed its statement of decision. (31:AA.7545-7593.) In relevant part, the
superior court concluded Policies LU-1.22 and LU-1.23 are each preempted by state and federal law.
In particular, the Superior Court found that Measure Z was contrary to the express state policy set forth in PRC
3106, which mandates that the supervisor to permit the owners or operators of the wells to utilize all methods
and practices known to the oil and gas industry for the purpose of increasing the ultimate recovery of
underground hydrocarbons.
The Supreme Court granted review to decide whether PRC 3106 preempts Measure Z and concluded it
does because Measure Z is contradictory to, and therefore conflicts with, PRC 3106.
5)This bill. AB 3233 affirms local control over oil and gas operations by authorizing a local entity to, by
ordinance, prohibit oil and gas operations or development in its jurisdiction or impose regulations, limits, or
prohibitions on oil and gas operations or development that are more protective of public health, the climate, or
the environment than those prescribed by a state law, regulation, or order. It authorizes those limitations or
prohibitions to cover methods of oil and gas operations or development and the locations of oil and gas
operations or development.
Notably, this bill is permissive, not mandatory. It extends authority to local jurisdictions to regulate oil and gas
operations in accordance with the public health and environmental needs of their communities, and maintains
state regulatory oversight where local control is not enacted.
6)Double referral. This bill is also referred to the Utilities and Energy Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
1000 Grandmothers for Future Generations
350 Bay Area Action
350 Conejo / San Fernando Valley
350 Humboldt
350 Petaluma
350 Sacramento
350 Santa Barbara
Acterra: Action for A Healthy Planet
Asian Pacific Environmental Network
Azul
Bay Area-system Change Not Climate Change
Bicycling Monterey
Black Women for Wellness Action Project
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File #:24-1116 Agenda Date:4/16/2024 Agenda #:8.
California Climate Voters
California Environmental Voters
California Nurses for Environmental Health & Justice
California Youth Versus Big Oil
Californians for Disability Rights INC
Center for Biological Diversity
Center for Community Action and Environmental Justice
Center for Food Safety; the
Center on Race, Poverty & the Environment
Central California Environmental Justice Network
Central Coast Alliance United for A Sustainable Economy
Central Coast Environmental Voters
Central Valley Air Quality Coalition
Central Valley Partnership
CERBAT
Cleanearth4kids.org
Climate Action California
Climate Breakthrough
Climate First: Replacing Oil & Gas
Climate Hawks Vote
Climate Health Now
Climate Reality Bay Area
Climate Reality Project Riverside County Chapter
Climate Reality Project, California Coalition
Climate Reality Project, Monterey Bay Chapter
Climate Reality Project, San Fernando Valley
Climatebrunch
Coalition for Clean Air
Communities for A Better Environment
Consumer Watchdog
Corporate Ethics International
Earthjustice
Earthworks
Eco Equity
Eco Team
Ecology Center
Elders Climate Action Northern California Chapter
Elders Climate Action Southern California Chapter
Elected Officials to Protect America - Code Blue
Endangered Habitats League
Environmental Defense Center
Environmental Protection Information Center
Environmental Working Group
Esperanza Community Housing
Extinction Rebellion San Francisco Bay Area
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Food & Water Watch
Fossil Free California
Fractracker Alliance
Fresnans Against Fracking
Fridays for Future Fresno
Fridays for Future Sacramento
Friends of The Earth
Glendale Environmental Coalition
Good Neighbor Steering Committee of Benicia
Greenaction for Health and Environmental Justice
Greenpeace USA
Harvey Milk LGBTQ Democratic Club
Holman United Methodist Church
Idle No More Sf Bay
Indivisible Marin
Indivisible San Francisco
Indivisible San Jose
Indivisible South Bay LA
LA Jolla Environmental Action
Local Clean Energy Alliance
Los Padres Forestwatch
Manhattan Beach Huddle
Methane Action
MLK Coalition of Greater Los Angeles
Mothers Out Front
Natural Resources Defense Council
Nextgen California
Oil & Gas Action Network
Oil Change International
Pacific Environment
Physicians for Social Responsibility - Los Angeles
Physicians for Social Responsibility - Sacramento Chapter
Planning and Conservation League
Protect Monterey County
Protect Playa Now!
Queers X Climate
Redeemer Community Partnership
Rising Communities
Rootsaction.org
San Diego350
San Francisco Bay Physicians for Social Responsibility
San Francisco Baykeeper
San Joaquin Valley Democratic Club
Santa Barbara Standing Rock Coalition
Santa Cruz Climate Action Network
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Sequoia Forestkeeper
Sierra Club California
Society of Fearless Grandmothers - Santa Barbara
Stand Together Against Neighborhood Drilling
Stand.Earth
Sunrise Movement LA
Sunrise Santa Barbara
Sustainable Mill Valley
The Climate Alliance of Santa Cruz County
The Climate Center
The Climate Reality Project Los Angeles Chapter
The Climate Reality Project Orange County Chapter
The Climate Reality Project: Silicon Valley
The Phoenix Group
Voting 4 Climate & Health
West Berkeley Alliance for Clean Air and Safe Jobs
Women's Earth and Climate Action Network
Youth for Earth
Youth Vs. Oil
Opposition
Western States Petroleum Association
Analysis Prepared by: Paige Brokaw / NAT. RES. /
History
04/09/2024 From committee: Do pass and re-refer to Com. on U. & E. (Ayes 8. Noes 3.) (April
8). Re-referred to Com. on U. & E.
04/01/2024 Re-referred to Com. on NAT. RES.
03/21/2024 Referred to Coms. on NAT. RES. and U. & E. From committee chair, with author's
amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
02/17/2024 From printer. May be heard in committee March 18.
02/16/2024 Read first time. To print.
Recommendation(s)/Next Step(s):
CONSIDER finding AB 3233 consistent with the adopted 2023-24 State Legislative Platform or recommending
a position of “Support” to the Board of Supervisors on their May 14, 2023 agenda.
Fiscal Impact (if any):
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AMENDED IN ASSEMBLY MARCH 21, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 3233
Introduced by Assembly Member Addis
(Coauthor: Senator Wiener)
February 16, 2024
An act to amend Section 3011 of, and to add Section 3106.1 to, the
Public Resources Code, relating to oil and gas.
legislative counsel’s digest
AB 3233, as amended, Addis. Oil and gas: operations: restrictions:
local authority.
Under existing law, the Geologic Energy Management Division in
the Department of Conservation regulates the drilling, operation,
maintenance, and abandonment of oil and gas wells in the state. Existing
law specifies that the purposes of the provisions relating to oil and gas
include protecting public health and safety and environmental quality,
including reduction and mitigation of greenhouse gas emissions
associated with the development of hydrocarbon and geothermal
resources in a manner that meets the energy needs of the state.
This bill would instead specify that the purposes of the provisions
relating to oil and gas include protecting public health and safety and
environmental quality, preserving California’s air, water, environment,
and natural resources, and advancing the state’s climate goals in a
manner that meets the energy needs of the state, and that these
provisions create a mandate to minimize harm from oil and gas
operation activities.
Existing law requires the State Oil and Gas Supervisor to supervise
the drilling, operation, maintenance, and abandonment of wells and the
98
Attachment A
116
operation, maintenance, and removal or abandonment of tanks and
facilities attendant to oil and gas production, so as to prevent damage
to life, health, property, and natural resources, as provided; to permit
owners and operators of wells to utilize all known methods and practices
to increase the ultimate recovery of hydrocarbons; and to perform the
supervisor’s duties in a manner that encourages the wise development
of oil and gas resources to best meet oil and gas needs in this state.
Existing California Supreme Court case law holds that these provisions
preempt certain local ordinances that ban certain oil production
methods, as provided. Existing law provides that the laws relating to
oil and gas regulation apply to any land or well situated within the
boundaries of an incorporated city in which the drilling of oil wells is
now or may hereafter be prohibited, as provided.
This bill would express the intent of the Legislature to enact
subsequent legislation that would amend the authority of local entities
to place prohibitions on oil and gas operations within their jurisdiction.
Existing law requires the operator of a well to file a written notice
of intention to commence drilling with, and prohibits any drilling until
approval is given by, the supervisor or district deputy. Existing law
authorizes the supervisor to require other pertinent information to
supplement the notice. Existing law requires an operator proposing to
perform a well stimulation treatment to apply to the supervisor or
district deputy for a permit to perform the well stimulation treatment
and imposes other requirements and conditions on the use of well
stimulation treatments.
This bill would authorize a local entity, as defined, by ordinance, to
limit or prohibit oil and gas operations or development in its
jurisdiction, as provided, notwithstanding any other law or any notice
of intention, supplemental notice, well stimulation permit, or similar
authorization issued by the supervisor or district deputy. The bill would
authorize these limitations or prohibitions to include, but not be limited
to, limitations or prohibitions related to the methods and locations of
oil and gas operations or development. If a local entity limits or
prohibits oil and gas operations or development of an owner or
operator, the bill would require that owner or operator to comply with
existing rules related to plugging and abandoning wells,
decommissioning attendant production facilities, and related measures,
as provided.
This bill would state that its provisions are severable.
98
— 2 — AB 3233 Attachment A
117
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares both of the
line 2 following:
line 3 (a) Protecting public health, safety, and the environment is of
line 4 the utmost importance to all Californians. In order to protect
line 5 public health and safety, cities and counties must have the authority
line 6 to regulate oil and gas operations within their jurisdictions,
line 7 including operations that may otherwise be approved by the State
line 8 Oil and Gas Supervisor.
line 9 (b) Empowering cities and counties to regulate, limit, or prohibit
line 10 oil and gas operations in their jurisdictions will therefore enable
line 11 communities to make decisions that align with their needs.
line 12 SEC. 2. Section 3011 of the Public Resources Code is amended
line 13 to read:
line 14 3011. (a) The purposes of this division include protecting
line 15 public health and safety and environmental quality, including
line 16 reduction and mitigation of greenhouse gas emissions associated
line 17 with the development of hydrocarbon and geothermal resources
line 18 preserving California’s air, water, environment, and natural
line 19 resources, and advancing the state’s climate goals in a manner
line 20 that meets the energy needs of the state. This division creates a
line 21 mandate to minimize harm from oil and gas operation activities.
line 22 (b) The supervisor shall coordinate with other state agencies
line 23 and entities described in subdivision (f) of Section 38501 of the
line 24 Health and Safety Code in furtherance of the goals of the California
line 25 Global Warming Solutions Act of 2006 (Division 25.5
line 26 (commencing with Section 38500) of the Health and Safety Code)
line 27 and to help support the state’s clean energy goals.
line 28 SEC. 3. Section 3106.1 is added to the Public Resources Code,
line 29 to read:
line 30 3106.1. (a) Notwithstanding any other law, and
line 31 notwithstanding any notice of intention, supplemental notice, well
line 32 stimulation permit, or similar authorization issued by the
line 33 supervisor or district deputy, a local entity may, by ordinance,
line 34 prohibit oil and gas operations or development in its jurisdiction
line 35 or impose regulations, limits, or prohibitions on oil and gas
98
AB 3233 — 3 — Attachment A
118
line 1 operations or development that are more protective of public
line 2 health, the climate, or the environment than those prescribed by
line 3 a state law, regulation, or order. These limitations or prohibitions
line 4 may include, but are not limited to, limitations or prohibitions
line 5 related to the methods of oil and gas operations or development
line 6 and the locations of oil and gas operations or development.
line 7 (b) If a local entity limits or prohibits oil and gas operations or
line 8 development of an owner or operator pursuant to subdivision (a),
line 9 the owner or operator shall be responsible for plugging and
line 10 abandoning its wells, decommissioning attendant production
line 11 facilities, and related measures, pursuant to the rules of this
line 12 division.
line 13 (c) For purposes of this section, “local entity” means a city,
line 14 county, or city and county, including a charter city, county, and
line 15 city and county.
line 16 SEC. 4. The provisions of this act are severable. If any
line 17 provision of this act or its application is held invalid, that invalidity
line 18 shall not affect other provisions or applications that can be given
line 19 effect without the invalid provision or application.
line 20 SECTION 1. It is the intent of the Legislature to enact
line 21 subsequent legislation that would amend the authority of local
line 22 entities to place prohibitions on oil and gas operations within their
line 23 jurisdiction.
O
98
— 4 — AB 3233 Attachment A
119
CONTRA COSTA COUNTY
Staff Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553
File #:24-1117 Agenda Date:4/16/2024 Agenda #:9.
LEGISLATION COMMITTEE
Meeting Date: April 16, 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: Geoff Neill and Michelle Rubalcava, Nielsen Merksamer
Contact: L. DeLaney
Referral History:
The Legislation Committee regularly receives reports on the State Budget and bills of interest to the County,
providing direction and/or input as needed.
Referral Update:
See Attachments A, B, and C.
Recommendation(s)/Next Step(s):
RECEIVE the report and provide direction and/or input as needed.
Fiscal Impact (if any): There may be significant fiscal impacts to the County from the adoption of the FY 24-
25 State Budget.
CONTRA COSTA COUNTY Printed on 4/12/2024Page 1 of 1
powered by Legistar™120
FY 24 -25 State Budget Update
On Thursday, April 4, the Governor, Senate President pro Tempore Mike McGuire, and Speak of
the Assembly Robert Rivas announced an agreement on $17 billion in early actions to reduce the
projected budget shortfall. Early-Action-Agreement-Overview-.pdf (ca.gov)
The early action budget bills are in print as identical bills SB 106 and AB 106. The Legislature
voted to support them on Thursday, after they were heard in the two houses’ budget committees.
The bills contain the following cuts of interest to local agencies (some of these cuts might be
characterized as “delays” if the Governor and Legislature intend to include funding in a future
budget year):
•$275 million from the Jobs First / CERF program.
•$34 million from the State Library’s program to increase broadband connections at local
libraries.
•$20 million from the CPUC’s broadband capacity building grants.
•$8 million (all funding) for the Extreme Heat Action Plan.
All member requests remain funded. However, the bills give the Administration blanket
authority to “suspend” any one-time funding included in the 2021, 2022, or 2023 Budget Acts
for the remainder of the fiscal year, after giving 10-day notice to the Joint Legislative Budget
Committee. The Administration can use this authority to delay any regular one-time
appropriations, such as grants and capital expenditures, until next year’s budget is in place, but
cannot use it to suspend funding for member requests.
State Bills of Interest
The CSAC 2024 Legislative Conference returns to Sacramento April 17-19, 2024. The CSAC
Legislative Priorities are included in Attachment B. The bills that Contra Costa County are
actively tracking are included in Attachment C.
Attachment A
121
SB 1383 Implementation
Advocate for essential reforms and
supports for Senate Bill 1383 (2016),
which aims to reduce organic waste
from landfills
2024 Legislative Priorities
Homelessness
Advocate for sustainable funding to
meet the comprehensive needs of
unhoused individuals and policies that
address the causes of homelessness
Social Safety Net
Advocate for protecting and
strengthening county health and
human services programs that provide
essential services to vulnerable
populations
Behavioral Health
Advocate for adequate, sustained
funding to support new services and
administration requirements
Workforce Challenges
Advocate for policies that can help
counties more effectively recruit, hire,
and retain qualified workers
Felony IST
Advocate for changes to the growth
cap and penalty program to reflect the
shared goal of reducing the number of
individuals who are deemed IST
Public Records Act
Advocate to reduce vexatious filers
using the PRA to grind government work
to a halt
Emergency Preparedness
Advocate for state and federal support
of local emergencies, investments in
emergency preparedness, and aid for
all communities affected by disasters
Housing
Advocate for the expansion of
responsible construction and
preservation of affordable housing
Protecting Local Revenue
Advocate for decisions about local
revenues to be made and retained at
the local level and reduce the backlog
of payments owed to counties
CARE Court
Advocate to secure adequate, flexible,
and sustained funding to support
counties’ efforts in this new statewide
initiative
Juvenile Justice Reform
Advocate for funding to meet
infrastructure, programming, and
individualized treatment needs, and
preserve local authority over responsibilities
Counties lead. Californians look to counties for the protection of public health and safety, as well as
the maintenance and provision of a broad array of services: transportation, business regulation,
planning, agriculture, natural environment, and social services. As the closest level of government
to the people, the state entrusts counties with the responsibility to administer and deliver these
services to California’s constituents.
Counties are on the frontlines. It is imperative that counties have a voice at the table to ensure
legislation reflects the capacity, funding, and workforce availability at the local level.
The following are the primary advocacy priorities on CSAC’s docket for the 2024 legislative session.
For more information on CSAC’s legislative priorities, please visit www.counties.org.
Attachment B
122
2024 Contra Costa County
Bills of Interest
BILL TITLE AUTHOR SUMMARY LAST STATUS UPCOMING DATES POSITION
1 AB 817 Open Meetings: Teleconferencing: Subsidiary Body Pacheco (D)
Provides that the Ralph M. Brown Act requires, with specified exceptions, each legislative body
of a local agency to provide notice of the time and place for its regular meetings. Provides that
existing law authorizes the legislative body of a local agency to use alternate teleconferencing
provisions during a proclaimed state of emergency. Authorizes, until specified date, a
subsidiary body to use alternative teleconferencing provisions and imposes requirements for
notice, agenda, and public participation.
01/25/2024: In ASSEMBLY. Read third time. Passed ASSEMBLY.
*****To SENATE.Support
2 AB 1820 Housing Development Projects: Applications: Fees Schiavo (D)
Authorizes a development proponent that submits a preliminary application for a housing
development project to request a preliminary fee and exaction estimate. Requires the local
agency to provide the estimate within a specified number of business days of the submission of
the preliminary application. Requires, for development fees imposed by an agency other than a
city or county, the development proponent to request the preliminary fee and exaction estimate
from the agency that imposes the fee.
04/10/2024: From ASSEMBLY Committee on HOUSING AND
COMMUNITY DEVELOPMENT: Do pass as amended to Committee on
LOCAL GOVERNMENT.
04/15/2024: Hearing Date
3 AB 1957 Public Contracts: Best Value Construction Contracting Wilson (D)
Provides that existing law establishes a pilot program to allow the Counties of Alameda, Los
Angeles, Monterey, Riverside, San Bernardino, San Diego, San Mateo, Santa Clara, Solano, and
Yuba to select a bidder on the basis of best value for construction projects in excess of a
specified amount. Authorizes any county of the State to utilize this program and extends the
operation of provisions until specified date.
04/08/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on LOCAL GOVERNMENT.04/17/2024: Hearing Date
4 AB 1961 End Hunger in California Act of 2024 Wicks (D)
Requires the Strategic Growth Council, in consultation with specified entities, to appoint and
convene the End Hunger in California Master Plan Task Force to make recommendations for
future comprehensive strategies aimed at addressing access to healthy and culturally relevant
food for all Californians. Requires the task force to meet at least quarterly and to be composed
of up to a specified number of members from agencies and with specified knowledge and
expertise in various food-related subject matters.
04/09/2024: From ASSEMBLY Committee on HUMAN SERVICES: Do
pass to Committee on AGRICULTURE.04/24/2024: Hearing Date
5 AB 1970 Mental Health: Black Mental Health Navigator Jackson (D)
Requires the Department of Health Care Services to develop criteria for a specialty certificate
program and specialized training requirements for a Black Mental Health Navigator
Certification. Requires the department to collect and regularly publish data, not less than
annually, including, but not limited to, the number of individuals certified, including those who
complete a specialty certificate program and the number of individuals who are actively
employed in a community health worker role.
04/10/2024: In ASSEMBLY. Coauthors revised.
6 AB 1999 Electricity: Fixed Charges Irwin (D)
Repeals provisions under existing law concerning authorization of the Public Utilities
Commission for fixed charges for any rate schedule applicable to a residential customer
account. Permits 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 specified customers.
02/12/2024: To ASSEMBLY Committee on UTILITIES AND ENERGY.
7 AB 2089 Local Government: Collection of Demographic Data Holden (D)
Requires a city, county, or city and county, when collecting demographic data as to the ancestry
or ethnic origin of employees of the city, county, or city and county, to include the additional
collection categories and tabulations for specified Black or African American groups.
04/08/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on JUDICIARY.04/16/2024: Hearing Date
8 AB 2132 Health Care Services Low (D)
Requires an adult patient receiving primary care services in a facility, clinic, unlicensed clinic,
center, office, or other setting to be offered a tuberculosis (TB) risk assessment and TB
screening test, if TB risk factors are identified, to the extent these services are covered under the
patients health insurance, unless the health care provider reasonably believes certain
conditions apply. Requires the health care provider to offer the patient follow up health care.
04/10/2024: In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.Support
9 AB 2200 Guaranteed Health Care for All Kalra (D)
Provides for the California Guaranteed Health Care for All Act. Creates the California
Guaranteed Health Care for All Program, or CalCare, to provide comprehensive universal single-
payer health care coverage and a health care cost control system for the benefit of all State
residents. Provides that CalCare cover a wide range of medical benefits and other services and
would incorporate the health care benefits and standards of other existing federal and State
provisions, including the Medicare Program.
04/09/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on HEALTH.04/23/2024: Hearing Date
10 AB 2236 Solid Waste: Reusable Grocery Bags: Plastic Film Bauer-Kahan (D)
Revises the single-use carryout bag exception to include a bag a bag provided to a customer
before the customer reaches the point of sale, that is designed to protect a purchased item from
damaging or contaminating other purchased items in a checkout bag, or to contain an
unwrapped food item. Requires a reusable grocery bag sold by a store to a customer at the
point of sale to meet different requirements, including that it not be made from plastic film.
04/10/2024: In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
11 AB 2263 The California Guaranteed Income Study and Funding Act Friedman (D) Establishes the California Guaranteed Income Study and Funding Act Coordinating Council,
consisting of 6 members, appointed by the Legislature, as specified.03/21/2024: To ASSEMBLY Committee on HUMAN SERVICES.04/23/2024: Hearing Date
stateNetTracking_20240412_08_28 Page 1
Attachment C
123
2024 Contra Costa County
Bills of Interest
BILL TITLE AUTHOR SUMMARY LAST STATUS UPCOMING DATES POSITION
12 AB 2284 County Employees' Retirement: Compensation Grayson (D)
Authorizes a retirement system, to the extent it has not defined grade under specified
circumstances, to define grade to mean a number of employees considered together because
they share similarities in job duties, schedules, unit recruitment requirements, work location,
collective bargaining unit, or other logical work-related grouping.
02/26/2024: To ASSEMBLY Committee on PUBLIC EMPLOYMENT
AND RETIREMENT.04/17/2024: Hearing Date
13 AB 2302 Open Meetings: Local Agencies: Teleconferences Addis (D)
Relates to existing law which imposes prescribed restrictions on remote participation by a
member of a legislative body of a local agency under alternative teleconferencing provisions.
Revises the limits, instead prohibiting such participation for more than a specified number of
meetings per year, based on how frequently the legislative body regularly meets.
04/10/2024: From ASSEMBLY Committee on LOCAL GOVERNMENT:
Do pass.04/15/2024: Hearing Date
14 AB 2330 Incidental Take: Wildfire Preparedness Activities Holden (D)
Authorizes to submit to the department a locally designed voluntary program to conduct
wildfire preparedness activities on land designated as a fire hazard severity zone, as defined,
that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered
species, and meets specified criteria.
04/01/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on WATER, PARKS AND WILDLIFE.04/23/2024: Hearing Date
15 AB 2404 State and Local Public Employees: Labor Relations Lee (D)
Provides that it is not unlawful or a cause for discipline or other adverse action against a public
employee for that public employee to refuse to enter property that is the site of a primary strike,
perform work for a public employer involved in a primary strike, or go through or work behind a
primary strike line. Prohibits a public employer from directing a public employee to take those
actions. Authorizes recognized employee organization to inform employees of and encourage
them to exercise these rights.
03/21/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on PUBLIC EMPLOYMENT AND RETIREMENT.04/17/2024: Hearing Date
16 AB 2421 Employer-Employee Relations: Confidential
Communication Low (D)
Prohibits a local public agency employer, a state employer, a public school employer, a higher
education employer, or the district from questioning any employee or employee representative
regarding communications made in confidence between an employee and an employee
representative in connection with representation relating to any matter within the scope of the
recognized employee organization's representation.
04/03/2024: From ASSEMBLY Committee on PUBLIC EMPLOYMENT
AND RETIREMENT: Do pass to Committee on APPROPRIATIONS.
17 AB 2474 Retirement: County Employees Retirement Law of 1937 Lackey (R)
Relates to the County Employees Retirement Law of 1937. Authorizes the monthly warrant,
check, or electronic fund transfer for the retirement allowance or benefit to be delivered to a
prepaid account. Defines account of the retired member or survivor of a deceased retired
member to include an account held in a living trust or an income-only trust.
02/26/2024: To ASSEMBLY Committee on PUBLIC EMPLOYMENT
AND RETIREMENT.04/17/2024: Hearing Date
18 AB 2502 Public Contracts: Emergencies Rivas (D) Defines an emergency as an immediate action to prevent or mitigate the loss or impairment of
life, health, property, or essential public services caused by the impacts of homelessness.03/04/2024: To ASSEMBLY Committee on LOCAL GOVERNMENT.
19 AB 2557 Local Agencies: Contracts for Special Services Ortega (D)
Provides that existing law authorizes a county board of supervisors to contract for certain types
of special services. Requires the board or a representative, at least a specified number of
months before beginning a procurement process to contract for special services that are
currently, or were previously, performed by employees of the county represented by an
employee organization, to notify, in writing, the exclusive employee representative of the
workforce affected by the contract of its determination.
04/08/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on PUBLIC EMPLOYMENT AND RETIREMENT.04/17/2024: Hearing Date
20 AB 2561 Local Public Employees: Vacant Positions McKinnor (D)
Provides that the Meyers-Milias-Brown Act authorizes local public employees 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. 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.
03/11/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on PUBLIC EMPLOYMENT AND RETIREMENT.04/17/2024: Hearing Date Oppose
21 AB 2631 Local Agencies: Ethics Training Fong M (D)
Requires the Fair Political Practices Commission, in consultation with the Attorney General, to
create, maintain, and make available to local agency officials an ethics training course, as
specified.
04/10/2024: In ASSEMBLY Committee on APPROPRIATIONS: To
Suspense File.
22 AB 2710 Peace Officers: Active Shooter Incidents Lackey (R)
Requires the Commission on Peace Officer Standards and Training to convene a panel of law
enforcement experts to report to the Legislature and the commission, by specified date,
specified topics related to active shooter incidents, including successful trainings and response
protocols that have been demonstrated in active shooter incidents and the use of school
resource officers on campus for threat prevention, detection, and assessment.
04/08/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on PUBLIC SAFETY.04/23/2024: Hearing Date
23 AB 2751 Employer Communications During Nonworking Hours Haney (D)
Requires a public or private employer to establish a workplace policy that provides employees
the right to disconnect from communications from the employer during nonworking hours, with
certain exceptions. Defines the right to disconnect. Requires nonworking hours to be
established by written agreement between an employer and employee. Authorizes an employee
to file a complaint of a pattern of violation of the bill's provisions with the Labor Commissioner,
punishable by a specified civil penalty.
03/21/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on LABOR AND EMPLOYMENT.04/17/2024: Hearing Date
stateNetTracking_20240412_08_28 Page 2
Attachment C
124
2024 Contra Costa County
Bills of Interest
BILL TITLE AUTHOR SUMMARY LAST STATUS UPCOMING DATES POSITION
24 AB 2882 California Community Corrections Performance McCarty (D)
Adds 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 a local Community Corrections
Partnership.
04/02/2024: From ASSEMBLY Committee on PUBLIC SAFETY: Do
pass to Committee on APPROPRIATIONS.04/17/2024: Hearing Date Oppose
25 AB 2973 Emergency Services Hart (D)
Requires the county board of supervisors to review and approve a single-county local
emergency medical services agency's plans for the EMS system prior to the submission of the
plans to the Emergency Medical Services Authority. Requires a multicounty local EMS agency's
plans to be approved as provided for in the contract between the counties and the agency or by
the board of supervisors in each of the counties served by the agency.
04/08/2024: From ASSEMBLY Committee on EMERGENCY
MANAGEMENT: Do pass as amended to Committee on HEALTH.04/15/2024: Hearing Date
26 AB 3222 Drug Court Success Incentives Pilot Program Wilson (D)
Authorizes the superior courts in the Counties of Sacramento, San Diego, Contra Costa, and
Solano to conduct a pilot program to provide specific supportive services to adult defendants
who participate in the county's drug court. Requires the Judicial Council to administer the
program and authorizes the council to establish guidelines and reporting requirements for the
participating drug courts.
04/01/2024: In ASSEMBLY. Read second time and amended. Re-
referred to Committee on PUBLIC SAFETY.04/23/2024: Hearing Date
27 AB 3233 Oil and Gas: Operations: Restrictions: Local Authority Addis (D)
Provides that existing law requires the operator of a well to file a written notice of intention to
commence drilling with the State Oil and Gas Supervisor or district deputy. Authorizes a local
entity, by ordinance, to limit or prohibit oil and gas operations or development in its jurisdiction,
notwithstanding any other law or any notice of intention, supplemental notice, well stimulation
permit, or similar authorization issued by the supervisor or district deputy.
04/08/2024: From ASSEMBLY Committee on NATURAL
RESOURCES: Do pass to Committee on UTILITIES AND ENERGY.
28 SB 294 Health Care Coverage: Independent Medical Review Wiener (D)
Requires a health care service plan or disability insurer that provides coverage for mental health
or substance use disorders to treat a modification, delay, or denial issued in response to an
authorization request for coverage of treatment for a mental health or substance use disorder
for an insured up to a specified age as if the modification, delay, or denial is also a grievance
submitted by the enrollee or insured.
01/29/2024: In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY.
29 SB 402 Involuntary Commitment Wahab (D)
Provides that the Lanterman-Petris-Short Act authorizes the involuntary commitment and
treatment of persons with specified mental disorders. Provides that under the act, when a
person, as a result of a mental health disorder, is a danger to self or others, or gravely disabled,
the person may, upon probable cause, be taken into custody by specified individuals and
placed in a facility for evaluation and treatment. Authorizes a person to be taken into custody by
a licensed mental health professional.
01/29/2024: In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY.
30 SB 937 Development Projects: Permits and Other Entitlements Wiener (D)
Provides that the Permit Streamlining Act requires a public agency that is the lead agency for a
development project to approve or disapprove that project within specified time periods.
Extends by a specified number of months the period for the expiration, effectuation, or
utilization of a housing entitlement for a priority residential development project that was issued
before specified date, and that will expire before specified date, with certain exceptions.
04/08/2024: In SENATE. Read second time and amended. Re-
referred Committee on HOUSING.04/16/2024: Hearing Date
31 SB 964 Property Tax: Tax-Defaulted Property Sales Seyarto (R)
Provides that existing law governs the sale to certain entities of a property that has been tax
defaulted. Provides that existing law authorizes certain excess proceeds from sales of property
to be transferred to the county general fund. Requires those excess proceeds from sales of
property to be transferred to the Controller for deposit in the Defaulted Tax Sale Subaccount.
03/05/2024: In SENATE. Read second time and amended. Re-
referred to Committee on REVENUE AND TAXATION.04/24/2024: Hearing Date Oppose
32 SB 1011 Encampments: Penalties Jones (R)
Prohibits 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.
02/14/2024: To SENATE Committee on PUBLIC SAFETY.04/16/2024: Hearing Date
33 SB 1013 Taxation: Property Tax Assistance Bradford (D)
Establishes 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.
04/03/2024: Re-referred to SENATE Committee on REVENUE AND
TAXATION.04/24/2024: Hearing Date Support
34 SB 1017 Available Facilities for Inpatient Treatment Eggman (D)
Requires the Department of Health Care Services, with the Department of Public Health and the
Department of Social Services, and by conferring with specified stakeholders, to develop a
solution to collect, aggregate, and display information about beds in specified types of
facilities, including licensed community care facilities and licensed residential alcoholism or
drug abuse recovery or treatment facilities, identify the availability of inpatient and residential
mental health or substance use treatment.
04/02/2024: From SENATE Committee on JUDICIARY: Do pass to
Committee on APPROPRIATIONS.04/15/2024: Hearing Date
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2024 Contra Costa County
Bills of Interest
BILL TITLE AUTHOR SUMMARY LAST STATUS UPCOMING DATES POSITION
35 SB 1032 Housing Finance: Portfolio Restructuring Padilla (D)
Provides that existing law authorizes the Department of Housing and Community Development
to monitor and fund various multifamily housing loans. Requires that projects receiving loan
forgiveness meet specified requirements, including that the projects maintain the same number
of affordable units at the same affordable housing cost as provided in the project's regulatory
agreement.
04/08/2024: In SENATE Committee on APPROPRIATIONS: To
Suspense File.
36 SB 1034 California Public Records Act: State of Emergency Seyarto (R)
Revises the unusual circumstances under which the time limit for an agency to determine
whether a records request seeks copies of disclosable public records in the possession of the
agency, and to notify the person of the determination, may be extended to include the need to
search for, collect, appropriately examine, and copy records during a state of emergency when
the emergency has affected the agency's ability to timely respond to requests, with specified
exceptions.
04/04/2024: In SENATE. Read second time and amended. Re-
referred to Committee on APPROPRIATIONS.04/22/2024: Hearing Date
37 SB 1057 Juvenile Justice Coordinating Council Menjivar (D)
Provides that under existing law there is established in each county treasury a Supplemental
Law Enforcement Services Account. Provides that existing law requires the moneys to be
allocated in specified amounts, including a specified percent to a county or city to implement a
comprehensive multiagency juvenile justice plan. Requires a county or city to establish a
juvenile justice coordinating council in order to obtain funding under these provisions.
04/03/2024: Re-referred to SENATE Committee on PUBLIC SAFETY.04/23/2024: Hearing Date
38 SB 1082 Augmented Residential Care Facilities Eggman (D)
Requires the State Department of Health Care Services, jointly with the County Behavioral
Health Directors Association of California, to implement a certification program to provide
augmented services to adults with serious mental illness in homelike community settings, and
requires those settings to be licensed by the State Department of Social Services as a type of
enhanced behavioral supports home known as an augmented residential care facility.
04/10/2024: From SENATE Committee on HEALTH: Do pass to
Committee on HUMAN SERVICES.04/15/2024: Hearing Date
39 SB 1124 Deceptive Practices: Service Members and Veterans Menjivar (D)
Expands the definition of public social services to also include other veterans benefits. Expands
the definition of an unreasonable fee to include a fee charged with respect to federal veterans
benefits that exceeds the amount that could be charged for those services by an attorney or
claims agent accredited by the United States Department of Veterans Affairs.
04/09/2024: From SENATE Committee on JUDICIARY: Do pass to
Committee on MILITARY AND VETERANS AFFAIRS.04/22/2024: Hearing Date
40 SB 1159 Environmental Quality Act: Roadside Wildfire Risk Dodd (D)
Relates to categorical exemptions to the requirements of the California Environmental Quality
Act. Requires the Office of Planning and Research to evaluate, and the Secretary of the Natural
Resources to consider, the inclusion of roadside projects no more than a specified number of
road miles from a municipality or census designated place that are undertaken solely for the
purpose of wildfire risk reduction in the classes of projects subject to a categorical exemption.
04/03/2024: From SENATE Committee on ENVIRONMENTAL
QUALITY: Do pass to Committee on NATURAL RESOURCES AND
WATER.
04/23/2024: Hearing Date Support
41 SB 1254 CalFresh: Enrollment of Incarcerated Individuals Becker (D)
Requires the State Department of Social Services to partner with the Department of Corrections
and Rehabilitation and county jails to enroll otherwise eligible applicants for the CalFresh
program to ensure that an applicant's benefits may begin before the reentry of the applicant into
the community from the State prison or county jail. Requires the department to create a
workgroup. Requires the workgroup to create a report by specified date with their
recommendations for a State reentry process.
04/03/2024: In SENATE. Read second time and amended. Re-
referred to Committee on PUBLIC SAFETY.04/23/2024: Hearing Date
42 SB 1317 Inmates: Psychiatric Medication: Informed Consent Wahab (D) Makes permanent by repealing the sunset date for using informed consent when administering
psychiatric medications to inmates.02/29/2024: To SENATE Committee on PUBLIC SAFETY.04/16/2024: Hearing Date
43 SB 1432 Health Facilities: Seismic Standards Caballero (D)
Provides that the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 establishes a
program of seismic safety building standards for certain hospitals constructed on and after the
specified date. Provides that existing law requires that owners of these hospitals must either
demolish, replace, or change to nonacute care use all hospital buildings that are not in
compliance with these standards. Revises the compliance deadline for these requirements.
04/03/2024: Re-referred to SENATE Committee on HEALTH.04/24/2024: Hearing Date Support
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