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HomeMy WebLinkAboutMINUTES - 12162008 - D.6 sE L TO: BOARD OF SUPERVISORS `�E�•-•_------q� Contra FROM: David Twa County Administrator Costa DATE: December 16, 2008 - = a~` Cj U n t Sr-�o- Y SUBJECT: FEDERAL AND STATE LEGISLATIVE PROGRAMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S) 1. ACCEPT the year end report on the County's 2008 federal and state legislative programs. 2. ADOPT the Contra Costa County 2009 Federal and State Legislative Platforms. 3. DIRECT the County Administrator to return to the Board of Supervisors in January, as necessary, to update the County's legislative platforms to reflect intervening legislative actions and final Army Corps of Engineers project capacity figures. 4. DIRECT the County Administrator to review legislation to identify bills that affect the County's adopted legislative platforms and to recommend appropriate positions on specific bills for consideration by the Board of Supervisors. CONTINUED ON ATTACHMENT: 0-YES SIGNATURE: �V.G RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF ARD COMMITTEE ❑ ❑ APPROVE ❑ OTHER G SIGNATURE(S): ACTION OF BOARD ON C ❑APPROVED AS RECOMMENDED A OTHER , �"}'11� I'f�.M '��s 1�1✓M���p -�M �� }�CzE.J�bA '"1'0 �� �,�1,15'C � ©N -r1�l,r✓. �1Ju��►�-�' 13,?�0�1 ��- 1�1�4 VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: Dec. 16, 2008 Contact: L. Delaney, CAO's 5-1097 DAVID TWA,CLERK OF THE BOARD OF cc: Board of Supervisors SUP VTS RS AND COUNTY ADMINISTRATOR CAO By: Deputy Page 2 5. AUTHORIZE Board members, the County's federal and state legislative representatives and the County Administrator, or designee, to prepare and present information, position papers and testimony in support of the 2009 Federal and State Legislative Platforms. FISCAL IMPACT No direct impact to the County from the adoption of the platforms. BACKGROUND Annually the County Administrator prepares a year end report for the Board of Supervisors on the County's Federal and State Legislation Programs for that year. At the same time, the Board also considers its legislative platforms for the following year. 2008 FEDERAL LEGISLATIVE PROGRAM YEAR END REPORT As of the writing of this report, only three appropriations bills have been enacted this year: for the Departments of Defense and Homeland Security, and Military ConstructioNVeterans Affairs. Of course, these.are not the bills that the County, or most municipalities, target in their efforts to secure federal assistance. While the Senate Appropriations Committee has marked up many of the other appropriations bills and ordered them reported from Committee, most of the remaining House Appropriations bills have not been marked up in full Committee. Therefore, since October 1, most of the country's domestic programs have been operating through a Continuing Resolution (CR), which sustains them at pro-rated FY '08 funding levels through March 6. The CR contains no project-specific earmarks such as those requested by Contra Costa and many local governments. At this point, it appears likely that Congress will package its nine outstanding appropriations bills .into a single omnibus package to be taken to the House and Senate floors in early January soon after the 111th Congress is sworn in. It is thought that such a package will be sent to the White House for the signature of then-President Obama shortly after his inauguration on January 20. Presumably, this Omnibus bill will contain earmarks. IFFY 2009 Federal Appropriation Requests Of our Appropriations requests, the following received funding in bills considered in either the Senate or House measures and are thus alive for consideration as part of the FFY 2009 Omnibus bill: ➢ Safe and Bright Futures for Children Exposed to Domestic Violence ($750,000 requested): $375,000 in House bill; $100,000 in Senate measure. ➢ Mount Diablo Mercury Mine Cleanup ($483,000 requested): $400,000, in House bill (out of $455,000 made available nationally in RAMS Program (Remediation of Abandoned Mine Sites)). Senate provided $1 million for this program nationally, and only Senators Page 3 Feinstein and Boxer are listed as requested the funding. We are told that the Army Corps is likely to interpret this as meaning that only projects in California would receive funding. ➢ Lower Walnut Creek ($300,000 requested): House included $300,000. ➢ Grayson and Murderer's Creeks ($600,000 requested): House included $600,000. ➢ Pinole Shoal Management (Delta LTMS) ($2,000,000 requested): Senate included $500,000 ➢ San Francisco to Stockton Deepening ($1,400,000 requested): House has $1.8 million; Senate has $1 million. ➢ Suisun Bay Channel/NY .Slough Maintenance Dredging ($6,136,000 requested): House has $2.833 million; Senate has $2.982 million. ➢ San Pablo Bay/Mare Island Strait Maintenance Dredging ($3,790,000 requested): House has $1.083 million; Senate has $1.14 million. While the Senate failed to include funding for the Mokelumne Trail Overcrossing, the House earmark list was never released, so it is unknown whether we are "alive" for funding of this project in the Omnibus legislation. During the course of the year, our federal lobbyist also assisted the County on its efforts with regard to Indian Gaming legislation and policy, helped communicate the County's position on various items to our congressional delegation, and informed the County on various matters of potential interest that were occurring in Washington. Most recently, the lobbyist has worked with County staff in developing possible strategies to approaching legislation likely to be considered next year, including FY 2010 Appropriations bills, an Economic Stimulus package, the reauthorization of our nation's highway and public transit laws, and the development of a new Water Resources Development Act, authorizing programs and projects of the Army Corps of Engineers. PROPOSED 2009 FEDERAL LEGISLATIVE PLATFORM Each year, the Board of Supervisors adopts a Federal legislative platform that establishes priorities and policy positions with regard to potential federal legislation and regulation. The 2009 Federal Legislative Platform includes 12 requests for appropriations; 5 requests for the reauthorization of the federal transportation act; and 6 requests for the reauthorization of the Water Resources Development Act. The proposed 2009 Federal Legislative Platform is included as Attachment A. Notable changes from the FY 2008 platform include the following: ➢ The FFY 2010 appropriation requests have re-prioritized many of the projects on the IFFY 2009 list to reflect input from the Legislation Committee. Page 4 ➢ The FFY 2010 appropriation requests include the following new projects: • CALFED Bay Delta Reathorization Act Levee Stability Improvement Program • State Route 4/Old River Bridge Study • Carquinez Scenic Drive Bay Trail Segment ➢ The Mokelumne Trail Overcrossing project was removed from the FFY 2009 list. (This project is now a component of a project on the draft list for reauthorization of the federal transportation bill.) ➢ The list of projects for the reauthorization of the federal transportation bill is a draft list, as recommended by the Legislation Committee. The list will be further refined with input from the Transportation, Water and Infrastructure Committee, the Contra Costa Transportation Authority, our federal lobbyist, and congressional staff. ➢ The list of projects for the reauthorization of the Water Resources Development Act has been revised to add an authorization for the Mt. Diablo Mercury Mine project. ➢ The Support Positions have been revised to add support for the Kirker Pass Road Truck Climbing Lane and the Vasco Road-Byron Highway Connector projects, as recommended by the Legislation Committee. ➢ The Policy Positions have been revised to reflect current information from staff. 2008 STATE LEGISLATIVE PROGRAM YEAR END REPORT The 2007-08 Legislative session was remarkable in many ways. In addition to producing the latest budget in California history, this year may be remembered for many other "firsts," such as the election of the first African-American female Speaker and the first post-election regular session meeting. In addition to the regular legislative session, the Governor called four special sessions on water, health care reform, and budget. Of course the other remarkable aspect of the 2007-08 session is that it seemed to never end. The final special session of this session was held only days before the legislators' terms ended, and it was triggered by the Governor's declaration of a fiscal emergency and the need for further cuts in the 2008-09 budget that was approved only weeks prior. Throughout the budget process, the County and our state advocate, from the firm Nielsen Merksamer, worked to convince the Legislature not to "borrow" local property tax dollars (as permitted under Proposition 1A in fiscal emergencies) or Proposition 42 transportation funds as a way of plugging the state's budget deficit. This was an "all county" effort which, to date has been successful. We remain concerned about this possibility as the Governor has called the first special session of the 2009-2010 legislative session to deal with continuing state budget shortfalls. Page 5 Addressing water quality and supply needs remains a pressing legislative issue. This year the Legislature continued a special session on water. Both business and agricultural interests discussed drafting an initiative addressing water supply and storage, and the Senate leadership also drafted an initiative of its own. There was no compromise reached between the many stakeholders and the issue remains unresolved. The legislative package that the Delta Vision process will produce will not be known until next year, but we have already begun working on this issue. On behalf of the County, our state lobbyist was involved in the discussions concerning SB 27 (Simitian), which requires the Office of Emergency Services to establish an interagency "Multi-Hazard Coordination Task Force" to develop an emergency response strategy for the Sacramento-San Joaquin Delta. As initially written, the bill would have increased rock stockpiling for emergency levee repairs, but the Department of Water Resources succeeded in removing this provision. The negotiations over the bill also included the other four Delta counties, and we learned much about the challenges of keeping the Delta counties informed and working together. We hope this will be helpful in the upcoming session as many proposals for the Delta will be considered. The Health Care Reform issue consumed much of the early part of 2008. In fact, the year began with some calling it the "Year of Health Reform." After intense legislative discussions and negotiations, however, efforts to expand coverage stalled in the Senate Health Committee in late January. There was an abortive attempt to draft a children's health care package and various other partial measures were pursued, but the Governor vetoed all such attempts, citing the need for more comprehensive reform. In addition to working with the Legislature, our state lobbyist worked in cooperation with Assembly Member (now Senator) DeSaulnier to convince the Department of Social Services to grant a waiver for the Chris Adams Center allowing the continuation of group home program now in place. On October 10, 2008 the request for a waiver was approved. In addition to the legislative efforts described above, Attachment C lists all bills on which the County took a position and that Nielsen Merksamer monitored and assisted, as appropriate, to advance the County's position. PROPOSED 2009 STATE LEGISLATIVE PLATFORM Each year, the Board of Supervisors adopts a State legislative platform that establishes priorities and policy positions with regard to potential State legislation and regulation. The State Legislative Platform includes policy issues that provide direction and guidance for identification of bills which would affect the services, programs or finances of Contra Costa County; County-sponsored bill proposals; and issues regarding the State budget and state-local relationships. The proposed 2009 State Legislative Platform is included as Attachment B. Notable changes from the 2008 State Legislative Platform include the following: Page 6 ➢ In addition to supporting another attempt by Senator DeSaulnier to sponsor a bill that would amend the Subdivision Map Act to allow the County to update its transportation fees for new development to fund off-site pedestrian, bicycle, transit and traffic calming facilities, the County will seek a sponsor from our legislative delegation to pursue two CEQA exemptions: one for affordable housing financing, and one for infill development in unincorporated areas. ➢ Legislative Priorities have been amended to include the following: • Transportation Funding • Redevelopment Agency Revenue Shift to ERAF ➢ The Policy Positions have been revised to reflect input from staff. The section on Levee Issues, Sacramento-San Joaquin Delta Issues has been revised to note the development of the County's Delta Water Platform, which is included in the Platform by reference. Finally, the Advisory Council on Aging has recommended the following positions on legislation, which the Board may wish to consider for inclusion in its adopted platforms: State Legislation: • Support reintroduction of legislation: SB 840 (Kuehl) — Single Payer Universal Health Care • Support reintroduction of legislation: AB 2543 (Berg) Geriatric and Gerontology Workforce Expansion Act. • Support Adult Protective Services funding restoration and augmentation • Support May 2009 as Senior Volunteer Month (Renewal of ACR) • Support tax reform • Support stroke education and awareness • Support adequate HICAP funding • Oppose Misuse of Housing Fund (Prop 46) Federal Legislation: • Support meaningful changes that address Medicare Part D problems for both Medical/Medicaid and Medicare Clients • Support Alzheimer's Research and Education and Programs • Repeal the Medicare Modernization Act of 2003 [„ O� 2009 FEDERAL LEGISLATIVE PLATFORM CONTRA COSTA COUNTY sp9..coVrt`f'i Each year, the Board of Supervisors adopts a Federal legislative platform that establishes priorities and policy positions with regard to potential federal legislation and regulation. The 2009 Federal Legislative Platform includes 12 requests for appropriations; 5 requests for the reauthorization of the federal transportation act; and 6 requests for the reauthorization of the Water Resources Development Act. FFY 2010 FEDERAL APPROPRIATION REQUESTS The following list is a preliminary ranking in priority order. Adjustments to the priority order may be appropriate once the President releases his budget. The current priority ranking gives preference to those projects that we know will not be included in the President's budget, with lower priority to Army Corps of Engineers projects which may be in the budget. Also, Army Corps project requests will be adjusted to be consistent with Corps capability. 1. Delta LTMS-Pinole Shoal Management, CA — $2,000,000 appropriation for the Army Corps of Engineers to continue a Long Term Management Strategy (LTMS) for levee rehabilitation, dredging and sediment reuse in the Delta, similar to the effort completed in the Bay area. Levee work, reuse of dredged sediments, dredging and other activities have been difficult to accomplish due to permitting problems and a divergence of priorities related to water quality. Significant levee rehabilitation is critical to the long term stability of these levees and to water quality and supply for the 23 million Californians who depend upon this water. Stakeholders from the Department of Water Resources, Ports, Army Corps, levee reclamation districts, local governments and other interested parties are participating in the LTMS. A Sediment or Dredged Material Management Office will be established, and in the longer term, preparation of a Sediment Management Plan will consider beneficial reuse of dredged materials as one potential source of sediment for levees. (Note: $500,000 appropriated for FFY 2005,- $225,000 005;$225,000 for FFY 2006; $500,000 for FFY 2007; $462,000 for FFY 2008; appropriation for FFY 2009 unknown at this time.) 2. Safe and Bright Futures for Children Exposed to Domestic Violence — $750,000 appropriation to implement the federally funded plan to diminish the damaging effects of domestic violence on children and adolescents and to stop the cycle of intentional injury and abuse. A three year assessment and planning process resulted in a program plan that will align and create a system responsive to the needs of children exposed to domestic violence through identification, intervention, and treatment; raising awareness; training professionals; utilizing and disseminating data; establishing consultation teams to support providers in intervening and using best practices; and developing targeted services. The local domestic violence hotline received over 3,100 calls involving children last year (60% of all calls). Exposure to trauma like domestic violence reshapes the human brain, influences personality, shapes personal skills and 12/11/2008 1 Attachment A behaviors, impacts academic performance, and substantially contributes to the high cost of law enforcement, civil/criminal justice and social services. (Note: appropriation for FFY 2009 unknown at this time.) 3. Lower Walnut Creek, California — $400,000 appropriation for the Army Corps of Engineers to continue the General Reevaluation of the lower five miles of the Walnut Creek Channel, constructed by the Army Corps in the 1960's, to restore flood capacity, provide environmental enhancements and ecosystem restoration and evaluate fish passage through the system. The project is designed to help improve flood protection in a densely populated area, while leaving the creek in a natural state, thus providing habitat for migratory birds, fish and other wildlife; increasing neighborhood livability; and allowing for linkages with recreational and park land. (Note: $188,000 appropriated for FFY 2006; $400,000 provided for FFY 2007 under Continuing Resolution; $562,000 appropriated for FFY 2008, $300,000 anticipated for FFY 2009.) 4. Grayson and Murderer's Creeks, California— $300,000 appropriation for the Army Corps of Engineers to continue the analysis of Grayson and Murderer's Creeks to determine the feasibility of providing increased flood control, environmental enhancement, ecosystem restoration and fish passage. The project is intended to eliminate frequent flooding in a densely populated area, while leaving the creeks in a natural state, thus providing habitat for migratory birds, fish and other wildlife; increasing neighborhood livability; and allowing for linkages with recreational and park land. (Note: $100,000 appropriated for FFY 2006; $200,000 provided for FFY 2007 under Continuing Resolution; $98,000 appropriated for FFY 2008; appropriation for FFY 2009 unknown at this time.) 5. CALFED Bay Delta Reauthorization Act Levee Stability Improvement Program LSIP — TBD appropriation for the Army Corps of Engineers for levee rehabilitation activities. The CALFED Reauthorization Act, passed in January 2004, authorized $90 million, which may be appropriated for levee rehabilitation work. The Corps has prepared a "180-Day Report" which identifies projects and determines how these funds would be spent. Since that time, the breakdown of CALFED, coupled with the Army Corps' attempts to define an appropriate and streamlined process, has delayed funding and resultant levee work. (Note. $500,000 appropriated for FFY 2006; $400,000 for FFY 2007; $4.92 million for FFY 2008; appropriation for 2009 unknown at this time.) 6. State Route 4 / Old River Bridge Study — $1,000,000 appropriation to work with San Joaquin County and the State of California on a study of improving or replacing the Old River Bridge.along State Route 4 on the Contra Costa/San Joaquin County line. The study would determine a preferred alternative for expanding or replacing the existing bridge, which is part of State Route 4. The existing bridge is narrow, barely allowing two vehicles to pass each other, and is aligned on a difficult angle relative to the highway on either side, requiring motorists to make sharp turns onto and off of the bridge. The project would improve safety and traffic flow over the bridge. 12/11/2008 2 2009 Proposed Federal Platform 7. Suisun Bay Channel/New York Slough Maintenance Dredging — $6,114,000 appropriation for the Army Corps of Engineers for maintenance dredging of this channel to the authorized depth of minus 35 feet. Continued maintenance is essential for safe transport of crude oil and other bulk materials through the San Francisco Bay, along the Carquinez Straits and into the Sacramento/San Joaquin Delta. Dredging for this channel section is particularly costly, due to requirements on placement of dredged materials in upland environments. An oil tanker ran aground in early 2001 due to severe shoaling in a section of this channel, which creates a greater potential for oil spills (Note: $4.559 million appropriated for FFY 2005; $4.619 million for FFY 2006; $2.82 million for FFY 2007; $2.856 million for FFY 2008; appropriation for FFY 2009 unknown.) 8. San Pablo/Mare Island Strait/Pinole Shoal Channel Maintenance Dredging — $5,300,000 appropriation for the Army Corps of Engineers ($2.65 million for Mare Island) for maintenance dredging of the channel to the authorized depth of minus 35 feet. The Pinole Shoal channel is a major arterial for vessel transport through the San Francisco Bay region, serving oil refineries and bulk cargo which is transported as far east as Sacramento and Stockton. (Note: $1 million appropriated for FFY 2005; $2.988 million for FFY 2006; $896,000 for FFY 2007; $1.696 million for FFY 2008; appropriation for FFY 2009 unknown at this time.) 9. Carquinez Scenic Drive Bay Trail Segment— $0.5 million appropriation to repair slide damage and reconstruct the multi-use trail as part of the San Francisco Bay Trail. The Trail is a continuous 400 mile recreation corridor that will encircle the entire Bay Area, connecting communities to each other and the Bay. To date, 210 miles of the Bay Trail have been developed. This segment would access East Bay Regional Parks land and connect the communities of Martinez, Port Costa and Crockett for bicycle, pedestrian and equestrian users as well as provide alternate emergency vehicle and evacuation routes for these communities. The planning study, which evaluated roadway stability and identified stabilization and path alignment alternatives, was completed in 2007. (Note: $1 million appropriated for FFY 2006.) 10. San Francisco to Stockton U. F. Baldwin and Stockton Channels) Ship Channel Deepening — $2,500,000 appropriation for the Army Corps of Engineers to continue the Deepening Project. Deepening of this channel will allow for operational efficiencies for many different industries, an increase in waterborne goods movement, reduced congestion on roadways, and air quality benefits. Phase one work focused on establishing economic benefit to the nation and initial salinity modeling in the channel sections. The second and final phase includes detailed channel design, environmental documentation, cost analysis, additional modeling, and dredged material disposal options. (Note: $500,000 appropriated for FFY 2005, $200,000 for FFY 2006; $200,000 for FFY 2007; $403,000 appropriated for FFY 2008.) 11. ARIES Integrated Justice Information Systems — $1,000,000 appropriation to continue implementation of the integration and interoperability of criminal justice and related information systems for public safety agencies within Contra Costa County and neighboring counties, including Alameda, Solano, San Joaquin, San Mateo, Santa Clara 12/11/2008 3 2009 Proposed Federal Platform and San Francisco. The Automated Regional Information Exchange System (ARIES) will give agencies access to jail records, criminal histories, mug shots, certified fingerprint data, restraining orders information and images, contacts made by all law enforcement agencies, and probation and parole status of persons in the community. Access to these disparate public safety databases will allow approximately 48 law enforcement agencies to "connect the dots" in preventing crime and terrorist events and in identifying and locating persons of interest. (Note: $250,000 appropriated for FFY 2004; $625,000 for FFY 2005; $450,000 appropriated for FFY 2006, no FFY 2007 appropriation; $658,000 appropriated for FFY 2008.) 12. Mt. Diablo Mercury Mine Clean-up — TBD appropriation for the Army Corps of Engineers to complete development of a model agreement and process to enable clean-up of the Mt. Diablo Mercury Mine in a cost-effective, environmentally-sound manner with minimal liability exposure for the County and involving all stakeholders through an open community-based process. The Corps initiated a Technical Planning Process (TPP) in June 2008 to develop a preliminary remediation plan, identify applicable permit and environmental data requirements and complete a data collection and documentation program for the clean-up of the Mt. Diablo Mercury Mine. The mine site is located on private property on the northeast slope of Mt. Diablo at the upper end of the Marsh Creek watershed. The Mt. Diablo Mercury Mine tailings are responsible for 88% of the mercury in Marsh Creek. Mercury levels in fish in Marsh Creek Reservoir downstream of the mine exceed the health standard concentration of 0.5 ppm. (Note: $517,000 appropriated for FFY 2008.) 2009 REAUTHORIZATION OF FEDERAL TRANSPORTATION ACT The current federal transportation policy and spending act, a five-year act known as the Safe, Accountable, Flexible and Efficient Transportation Equity Act — A Legacy for Users, or SAFETEA-LU, expires in 2009. Its reauthorization will likely be crafted during the year. The following are priority projects for inclusion in the next multi-year transportation bill. ➢ Vasco Road Safety Improvement Proiect— $40 million for improvements to a 2.5-mile accident-prone section of Vasco Road. Project components include widening the roadway to accommodate a concrete median barrier and shoulders on either side of the barrier, construction of the barrier, and extension of an existing passing lane. The project will eliminate cross-median accidents which have caused numerous fatalities in recent years, and will provide increased opportunities for vehicles to pass safely (unsafe passing is a major cause of accidents and fatalities on this segment of the increasingly busy two-lane undivided road). The project will include provisions for wildlife undercrossings to preserve migration patterns. The requested funds will augment the regional, state and federal funds already committed to Vasco Road, including East County regional traffic impact fee revenue and Proposition 1 B Local Streets and Roads funds. The Vasco Road project was developed through inter- 1211112008 4 2009 Proposed Federal Platform jurisdictional efforts involving the County, the City of Brentwood, California Highway Patrol, local community groups and state and federal wildlife resource agencies. (10" / 11" Districts, Rep. Tauscher/Rep. McNerney) ➢ North Richmond Truck Route Proiect — $15.5 million to construct a new road system that will provide truck access between businesses and the Richmond Parkway, moving the truck traffic away from a residential neighborhood and elementary school. This project will increase safety, improve public health around the school and residential area by reducing diesel particulate emissions from those areas, increase livability of the neighborhood, improve local access to the Wildcat Creek Regional Trail, stimulate economic development in the industrial area of the community and provide a better route for trucks traveling to and from the Richmond Parkway. The alignment was developed through a community planning process funded through an Environmental Justice planning grant from Caltrans. (7th District, Rep. Miller) Eastern Contra Costa Trail Network — $5 million for joint planning, environmental review, right-of-way acquisition and construction of a coordinated network of trails for walking, bicycling and equestrian uses in eastern Contra Costa County. Eligible trails include, but are not limited to: (1) the Mokelumne Trail overcrossing of the State Route 4 Bypass; (2) Contra Costa segments of the Great California Delta Trail which will link Contra Costa County and other counties in the San Joaquin/Sacramento River Delta; and (3) a supportive network of East Contra Costa Trails in unincorporated County areas and the Cities of Antioch, Brentwood, Oakley and Pittsburg. (All districts) Following are priority programs for inclusion in the next multi-year transportation bill: ➢ Rural Road Funding Program — The County supports the creation of a new funding program that will provide funds for converting or upgrading rural roads into more modern roads that can handle increasing commuter traffic in growing areas, such as East County. These roads do not often compete well in current grant programs because they do not carry as many vehicles as roads in more congested urban or suburban areas. As a result, improvements such as widening, realignment, drainage improvements and intersection modifications often go unfunded, leaving such roads with operational and safety problems as well as insufficient capacity. (All districts) ➢ Transportation Funding for Disabled, Low-income, and Elderly Persons — The County supports continuation and increased funding levels for the three federal funding programs dedicated to transit services for these population groups -- the New Freedom Program for senior transit services, the Job Access and Reverse Commute Program which funds transit services to job locations for low-income persons, and the Section 5310 transit funding program for the elderly and individuals with disabilities. SAFETEA- LU provided a total of $1.7 billion nationwide for these programs. By comparison, $200 billion was provided for highway projects; even transportation research got more funding ($2.3 billion) than transit for elderly, disabled and low-income persons. All of the demographic trends point to a growing need for such services in the future. For 12/11/2008 5 2009 Proposed Federal Platform example, the 65-and-older population in the Bay Area is projected to more than double by the year 2030. Transit services for elderly, disabled, and low-income persons are provided by the County, by some cities, by all of the bus transit operators, and by many community organizations and non-profits that provide social services. Increased funding is needed to provide and maintain more service vehicles, operate them longer throughout the day, upgrade the vehicle fleet and dispatching systems, improve coordination between public providers and community groups that also provide such services to their clients, and expand outreach programs to inform potential riders of the available services, among other needs. (All districts) REAUTHORIZATION OF WATER RESOURCES DEVELOPMENT ACT (WRDA) The Water Resources Development Act of 2007 became law in November, more than seven years after the last authorization bill. It appears that the House and Senate Committees intend to move a WRDA bill this year. The following are projects the County would submit for inclusion. 1. Mt. Diablo Mercury Mine — Authorize the Army Corps of Engineers, through their Remediation of Abandoned Mine Site program (RAMS), to perform and complete the Technical Planning Process and site characterization of the Mt Diablo Mercury mine in Contra Costa County as a demonstration project with no local match. This mine remediation project is the first to combine the Corps' RAMS program, EPA's Good Samaritan Initiative and a local government "Good Samaritan" to resolve liability issues in a clean-up project. Since this is a demonstration project, the Corps would fund the full Technical Planning Process. 2. Pinole Creek, Section 1135 Project— Support an appropriation for the Army Corps of Engineers to complete a feasibility study for restoration and enhancement of wildlife resources in Pinole Creek between San Pablo Bay and Highway 80. The existing Corps-designed flood control channel supports only degraded, primarily non-native habitat. Despite the poor habitat, the creek does support a population of the threatened steelhead trout. A preliminary restoration plan has been completed by the Corps, and federal participation is desired to augment and expand local efforts for creek restoration. 3. Wildcat/ San Pablo Creek Phase One, Section 1135 Project — Support an appropriation for the Army Corps of Engineers to initiate a feasibility study for environmental enhancement, ecosystem restoration and modification of fish passage in Wildcat Creek. The primary purposes of the project are to enhance the fish and wildlife values for the original Wildcat Creek Flood Control Project while also maintaining the flood carrying capacity of the channel. The project includes construction of a meandering low flow channel, enlarging the associated riparian corridor, stabilizing the adjacent flood plain bench, expanding the existing sediment basin, and modifying or replacing the existing fish ladder to provide for effective fish passage through the 12/11/2008 6 2009 Proposed Federal Platform sediment basin and concrete channel. The project also includes construction of floodwalls or levee embankments to ensure the level of flood risk reduction provided by the original Corps project. 4. Rodeo Creek Restoration Project— Project authorization is needed for the Army Corps of Engineers to prepare a study of the feasibility of restoring and enhancing wildlife resources in Rodeo Creek between San Pablo Bay and Highway 80. The channel was designed and constructed to provide adequate flood protection for the community of Rodeo and to control erosion of the creek. The channel currently does this, but requires extensive, environmentally insensitive maintenance to keep the channel functioning properly. In addition, the current channel design includes barriers to migration of anadromous fish. The Contra Costa Flood Control and Water Conservation District would like to partner again with the Corps of Engineers under the Corps' 1135 program to transform this outdated design into a sustainable, environmentally sensitive facility that better serves the community and the environment. 5. Rheem Creek Proiect— The Contra Costa Flood Control and Water Conservation District is seeking an 1135 project authorization for Rheem Creek between the mouth at San Pablo Bay and Giant Road. The Army Corps of Engineers' existing flood protection project on Rheem Creek protects a number of commercial, industrial, residential and open space areas in the Richmond / San Pablo area of Contra Costa County. Surrounding the mouth of the creek is a large undeveloped parcel (Brunner Marsh) which is being acquired by the East Bay Regional Park District for a future public park. Development of the adjacent lands as a regional park provides a unique opportunity for an enhanced creek environment in an area that will be very visible to the public. 6. Regional Watershed Planning — $500,000 appropriation to the Army Corps of Engineers to participate in developing Regional Wetlands Permits for Placer, Sacramento, Contra Costa, Yolo, Santa Clara and Solano counties. This Regional Watershed Planning project will help to integrate endangered species permits and wetlands permits, improving and streamlining the permitting process for public and private developments and ensuring effective conservation of wetlands and species. While regional endangered species permits for urban growth are becoming more common, there is little precedent for receiving similar permits for wetlands impacts under Section 404 of the Clean Water Act. This project will pilot this innovative concept for areas such as eastern Contra Costa County that have already embarked on regional conservation/permitting efforts. This project should be added to the list of authorized projects in the next iteration of WRDA to facilitate additional appropriations in future years. Further, the provision of WRDA that authorizes the Army Corps to partner with local entities to cooperatively fund dedicated permitting assistance by Army Corps staff should be continued to provide another avenue for developing and implementing Regional Wetlands Permits with the Army Corps. 12/11/2008 7 2009 Proposed Federal Platform IFFY 2010 APPROPRIATIONS AND GRANTS — SUPPORT POSITIONS The following support positions are listed in alphabetic order and do not reflect priority order. Buchanan Field Airport— The County approved a Master Plan for the Buchanan Field Airport in October 2008, which includes a Federal Aviation Regulation Part 150 Noise Study and a Business Plan for project implementation. The comprehensive planning effort has ideally positioned Buchanan Field Airport for future aviation (general aviation, corporate aviation and commercial airline service) and aviation-related opportunities. To facilitate the economic development potential, the Business Plan prioritizes necessary infrastructure improvements for Buchanan Field Airport. Further, as the Airport is surrounded by urban residential uses, enhancing the noise program infrastructure is deemed essential for balancing the aviation needs with those of the surrounding communities. The Federal government, primarily through the Federal Aviation Administration (FAA), provides funding for planning, analysis, and infrastructure improvements. The County will support funding in all these areas for protection and enhancement of our aviation facility and network. Byron Airport — The Byron Airport is poised for future general and corporate aviation and aviation-related development, but that future growth is dependent upon infrastructure improvements both on and around the Airport. The Byron Airport Business Plan prioritizes infrastructure and possible additional land acquisition to assist the Byron Airport in fulfilling its aviation and economic development potential. The Federal government, primarily through the Federal Aviation Administration (FAA), provides funding for planning, analysis, infrastructure improvements and aviation land acquisition. The County will support funding in all these areas for protection and enhancement of our aviation facility and network. Delta Islands and Levees Feasibility Study—TBD appropriation for the Army Corps of Engineers for the Delta Islands and levees feasibility study. Originally designed to be a cooperative effort with the State (the State risk assessment process moved ahead of the Federal process), the study will now look at the water resources challenges in the Delta, will consider a larger Federal role, and will develop a collaborative planning process. (Note: $200,000 appropriated in IFFY 2006; $800,000 in FFY 2007; $2 million expected in FFY 2008; appropriation for IFFY 2009 unknown at this time.) East Bay Regional Communication System (EBRCS)—TBD appropriation to build the East Bay Regional Communication System (EBRCS), a P25 Radio System infrastructure for Contra Costa and Alameda County. This two-county system will provide interoperable voice communication in both the 800 MHz and 700 MHz frequencies to all public safety and public services agencies within Contra Costa County and Alameda County. The project will improve radio system reliability, enhance radio coverage, relieve channel congestion, reduce maintenance costs, provide seamless regional coverage, facilitate future expansion and provide a migration path to new technologies. Due to a regional approach, economies of scale will also be realized. 12/11/2008 8 2009 Proposed Federal Platform EBRCS will allow for interoperable voice communication within the region that can be integrated with other P25 radio systems outside the geographical area of the EBRCS, for example, with San Francisco. This project will provide Level 5 communications which is the highest level of interoperable communications. This project will allow for everyday interoperable communications, not just various levels of interoperability during big events or disasters in which radio caches are deployed or gateway devices used. Kirker Pass Road Truck Climbing Lane — $31 million appropriation for constructing northbound and southbound truck climbing lanes on Kirker Pass Road, a heavily used arterial linking residential areas in eastern Contra Costa with job centers and the freeway system in central Contra Costa. The truck climbing lanes are needed to improve traffic flow and will also have safety benefits. The $31 million would augment $3 million in State Infrastructure Proposition 1 B funds which the County has allocated for the project. Regional Habitat Planning and Conservation — $125 million appropriation to the U.S. Fish and Wildlife Service's "Cooperative Endangered Species Conservation Fund" to keep pace with land costs and the increasing number of Habitat Conservation Plans (HCPs) throughout the country. In partnership with approximately a dozen counties in northern and southern California, the County will support a request that funding for the Fund increase from the $73.8 million current-year level to $125 million in FY2010. This will restore the Fund to approximately its fiscal 2001 level, adjusted for inflation, and provide much needed support to regional HCPs in California and nationally. Given the prolific growth in the number of regional HCPs, the Fund needs to be increased even more substantially in subsequent years. The County would also request that the California State Association of Counties (CSAC) include this Fund increase as a priority on CSAC's federal platform. San Francisco Bay, Long Term Management Strategy (LTMS), Environmental Windows, Science Projects — $3.45 million appropriation for the Army Corps of Engineers' "Environmental Windows Science Projects" as part of the Bay Area Long Term Management Strategy (LTMS). Environmental Windows are limited timeframes when dredging and, to some extent, disposal can occur within San Francisco Bay and environs. However, the existing windows are based on old and, in some cases, little or no scientific basis. This project would identify where additional science is necessary, prioritize science projects, obtain funding and oversee these scientific studies. The broad-based coalition includes the Bay LTMS Agencies (EPA, BCDC, Corps, Regional Water Board), resource agencies (USFWS, NOAA Fisheries, State Fish and Game) and a number of other agencies, organizations and individuals. Vasco Road-Byron Highway Connector — $10 million appropriation for design, engineering and construction of an east-west connector road between two major arterials that link Contra Costa County with Alameda and San Joaquin Counties. The Vasco Road- Byron Highway Connector will improve traffic circulation and linkages in the southeastern portion of the County and will provide a new route for truck traffic that will remove a significant portion of truck trips which currently pass through the rural community of 12/11/2008 9 2009 Proposed Federal Platform Byron. Vasco Road is designated as State Route 84, and Byron Highway is under study as the potential alignment for future State Route 239. 2009 FEDERAL LEGISLATIVE PLATFORM POLICY POSITIONS The following support positions are listed in alphabetic order and do not reflect priority order. Affordable Housing and Homeless Programs —For Housing and Urban Development (HUD)'s Homeless Assistance Grants, the County will support funding that does not include set-asides or other requirements that limit local communities' ability to respond to the particular needs in their areas. For the Housing Assistance for People with AIDS (HOPWA) program, the County will support legislation to update the formula used to allocate HOPWA grants to reflect local housing costs as well as the number of AIDS cases. The County supports full funding for HUD homeless assistance programs. As Congress considers McKinney-Vento reauthorization legislation, the County will advocate for greater local flexibility, including an expanded definition of homelessness that will allow agencies to better respond to locally-determined needs. Congress should include a formula-driven affordable housing production program in the final version of Government Sponsored Enterprise reform legislation. The County also supports the National Affordable Housing Trust Fund Act. Resources made available through any new affordable housing production program should be accessible to local housing and community development agencies, including public housing authorities. As the present home mortgage crisis demonstrates, homeownership is not for everyone. While we value and support the role that homeownership plays in meeting affordable housing needs, any new production program should prioritize efforts to address our nation's acute shortage of affordable rental housing. Agricultural Pest and Disease Control — Agriculture and native environments in Contra Costa County continue to be threatened by a variety of invasive/exotic pests, diseases and non-native weeds. The Federal government provides funding for research, regulation, pest exclusion activities, survey and detection, pest management, weed control, public education and outreach. The County will support funding in all these areas for protection of our agricultural industry and open space. Consistent with the policy position, the County will also support legislation which would authorize and direct the USDA to provide state and local funding for High Risk Prevention programs (also called Pest Detection Funding). Beneficial Use of Dredged Materials — As the beneficial reuse of dredged materials has a clear public benefit, particularly in the Delta, the County will continue to support 12/11/2008 10 2009 Proposed Federal Platform beneficial reuse in general and also continue to advocate for funding for a federal study to determine the feasibility of beneficial reuse, considering the benefits and impacts to water quality and water supply in the Delta, navigation, flood control damage, ecosystem restoration, and recreation. The study would include the feasibility of using Sherman Island as a rehandling site for the dredged material, for levee maintenance and/or ecosystem restoration. Language to authorize the study was included in the Water Resources and Development Act (WRDA) which was passed into law on November 8, 2007. Community Development Block Grant and HOME Programs — The County's ability to continue to provide funding to a variety of nonprofit agencies that provide critical services to lower income residents, including financing the development of affordable housing, was threatened by the Administration's plan to cut the CDBG and HOME programs as part of the FY 2006 federal budget. While the proposal was defeated, it could resurface. The County will oppose proposed cuts in these vital community development programs. In addition, as part the Administration's "Community Development Block Grant Reform Act" introduced in 2007, the formula used in the CDBG program to determine a grantee's entitlement amount would be amended in several ways. The County will oppose the proposed changes in the CDBG allocation formula. CDBG formula funding has declined by 17 percent since FY 2004 while the HOME program's funding has declined by 12 percent during the same period. Both programs need to have funding restored. At present, the HOME program is the only federal source of affordable housing production funding. The County supports increased funding for HOME, particularly formula grants. Cost Shifts to Local and State Government— Contra Costa County performs many of its services and programs pursuant to federal direction and funding. Other services and programs are performed at the behest of the state, which receives funding through the federal government. In the past, the Administration's budget has contained significant cuts to entitlement programs and/or caps on entitlements. Such actions could shift cost of services from the federal government to the state and/or local governments (and to the extent that costs would shift to the state, it is highly likely that these would be passed on to the County). The County will oppose any actions that would result in cost shifts on federal entitlement programs or which would result on greater dependency on county funded programs. In addition, the County will support federal and state financial assistance to aid county and local government efforts to meet unfunded federal mandates, such as those contained in the National Response Plan (NRP), the National Infrastructure Protection Plan (NIPP), and the National Incident Management System (NIMS). Criminal Debt Collection — Nonpayment of court-ordered victim restitution, fines and fees is a problem of epidemic proportions for all jurisdictions. Literally billions of dollars 4 12/11/2008 11 2009 Proposed Federal Platform go uncollected each year across the country, resulting not only in financial suffering of victims, but also the loss of public revenue. Many states already allow for the offset of State Tax Refunds, and these programs are successful in achieving revenue recovery. Federal Tax Refunds are already being successfully offset to pay for delinquent child support. The County will support amendments to the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for court-ordered debts that are past- due. Designation of Indian Tribal Lands and Indian Gaming — The Contra Costa County Board of Supervisors has endorsed the California State Association of Counties' (CSAC) policy documents regarding development on tribal land and prerequisites to Indian gaming. These policy statements address local government concerns for such issues as the federal government's ability to take lands into trust and thus remove them from local land use jurisdiction, absent the consent of the state and the affected county; the need for tribes to be responsible for all off-reservation impacts of their actions; and assurance that local government will be able to continue to meet its governmental responsibilities for the health, safety, environment, infrastructure and general welfare of all members of its communities. The County will continue to advocate for federal legislation and regulation that supports the CSAC policy documents. The County will also advocate for limitations on reservation shopping; tightening the definition of Class II gaming machines; assuring protection of the environment and public health and safety; and full mitigation of the off-reservation impacts of the trust land and its operations, including the increased cost of services and lost revenues to the County. The County will also advocate for greater transparency, accountability and appeal opportunities for local government in the decision-making processes that permit the establishment of Indian gaming facilities. This includes sequencing the processes so that the Indian Lands Determination comes first, prior to initiation of a trust land request and associated environmental review. The County will also continue its opposition to new Indian gaming facilities in Contra Costa County as well as its support for federal legislation that allows Class III gaming at the existing gaming facility only if approved as newly acquired land and maintains the size of the existing Class II gaming operation. Economic Development Programs — Congress should fund all the complementary programs within HUD's community and economic development toolkit, ensuring that HUD does not lose sight of the development component of its mission. To that end, the County will support continued funding for the Section 108 loan guarantee program, the Brownfields Economic Development Initiative and the Rural Housing and Economic Development program. Each of these programs plays a unique role in building stronger, more economically viable communities, while enabling communities to leverage external financing in a way the CDBG program alone cannot do. 12/11/2008 12 2009 Proposed Federal Platform Federal "Statewideness"Requirements — For many federally funded programs, there is a "statewideness" requirement; i.e., all counties must operate the specific program under the same rules and regulations. This can hamper the County's ability to meet local needs, to be cost effective and to leverage the funding of one program to reduce costs in another program. Contra Costa County cannot negotiate for federal waivers or do things differently because it is not a state, yet its population is greater than seven states. Recognizing this is a very long-term effort, the County will advocate for relaxation of the "statewideness" rule to allow individual counties or a consortium of counties to receive direct waivers from the federal government and/or adopt the rules and regulations currently in use in another state for specific programs. Public Housing Programs —Years of disinvestment threaten the viability of public housing and the well-being of millions of our neediest citizens. Preservation of the existing inventory of public housing units is critical not just to families currently residing in public housing, but also to the millions of families waiting for assistance. The Public Housing program is now in critical condition. The County will support full funding for public housing operations; sufficient funding to help preserve the existing inventory of public housing; funding for unforeseen emergencies or disasters at the former annual levels; and reauthorizing legislation for the HOPE VI program and funding HOPE VI at least at its original level of $600 million. The County will support funding of at least $72 million for Family Self Sufficiency (FSS) coordinators, the same as the President's budget request in FY 2004. FSS is a mandatory program for any housing agency that received new vouchers many years ago, but only about 22 percent of agencies receive funding to operate the program, due to recent changes in the program's competitive funding process. Every agency that needs assistance to operate this mandatory program should receive it. The County will support the enactment of federal legislation to preserve existing public housing stock by addressing the huge unfunded capital needs of public housing through the use of federal income tax credits, tax credit supported bonds and other means. The County will support putting to use public housing assets valued in excess of $100 billion by fully enabling public housing authorities to finance the rehabilitation and preservation of public housing by encumbering public housing properties as contemplated by the Quality Housing and Work Responsibility Act of 1998 (QHWRA). The County will support the enactment of a Public Housing Conversion Pilot in which up to 100 asset management projects are converted to project-based Section.8 assistance with oversight transferred to HUD's Office of Housing. The County will support the development of legislation to reauthorize the HOPE VI program that is workable and accessible to public housing authorities of varying sizes. 12/11/2008 13 2009 Proposed Federal Platform The County will support enactment of permanent authorization for the Moving to Work (MtW) Demonstration Program. The County will support reform of the contractual relationship between public housing authorities and the federal government so that federal administrative and regulatory demands fairly reflect resources provided, and federal subsidies for public housing are predictable, adequate and stable. The County will support a reasonable transition to asset management of public housing with an optional exemption for agencies operating fewer than 500 public housing units. The County will support the Administrative Reform Initiative (ARI) process begun at HUD in 2007 for regulatory and administrative reform and seek meaningful, practicable reform of federal oversight activities pertaining to LHAs and the federal programs they administer. The County will support the development of alternatives to existing methods of evaluating the performance of LHAs and their programs and properties. The Section 8 HCV program has a demonstrated track record of success. Nonetheless, the HCV program can be further improved to provide public housing authorities with additional tools to help maximize the number of families served in their communities. Legislative and regulatory reform should include enhancements to current voucher subsidy and administrative fee funding distribution formulas; benchmarking important program goals and appropriations; rent simplification; increased self-sufficiency; improved housing affordability burdens and deconcentration of poverty for voucher assisted households; and improving the use of tenant-based vouchers for project-based assistance. The County will support funding of $14.9 billion, at a minimum, for the renewal of housing assistance vouchers. Congress should build upon the funding formula revision found in the FY 2007 appropriations bill in order to restore effective funding policies in authorizing language. The County will also support funding of at least $1.5 billion for administrative fees and reestablishing the administrative fee structure in place from 1998-2004. The County will support vouchers being renewed at full levels and public housing authorities being provided 100% of administrative funding. Retiree and Retiree Health Care Costs — The County operates many programs on behalf of the federal government. While federal funding is available for on-going program operations, including employee salaries, the allocation is usually capped, regardless of actual costs. For retiree and retiree health care, the County's ability to contain costs is extremely limited. The County will advocate for full federal financial participation in funding the County's retiree and retiree health obligations. 12/11/2008 14 2009 Proposed Federal Platform San Luis Drain — The U. S. Bureau of Reclamation is under a court injunction to evaluate and implement options for providing drainage services for the west side of the San Joaquin Valley. Drainage water from this area contains toxic concentrations of selenium and other hazardous substances. The San Luis Drain is one of the options that was studied. The Drain would pass through Contra Costa County to discharge in the Delta. The U.S. Bureau of Reclamation has determined to address the problem without building the Drain but Congress would need to appropriate the funds before this alternative could be implemented and the injunction requiring provision of drainage service still looms. The County will continue to oppose the San Luis Drain option and support instead drainage solutions in the valley, such as reducing the volume of problem water drainage; managing/reusing drainage waters within the affected irrigation districts; retiring lands with severe drainage impairment (purchased from willing sellers); and reclaiming/removing solid salts through treatment, bird safe/bird free solar ponds and farm-based methods. State Children's Health Insurance Program (SCHIP) — The County supports a $60 billion appropriation (combined SCHIP and Medicaid funding) to support reauthorization of the federally-funded State Children's Health Insurance Program (SCHIP). This amount would be sufficient to fund California's current SCHIP program, as well as Healthy Families program expansions proposed by the Governor and state Legislature. The State Children's Health Insurance Program (SCHIP) was authorized by Congress in 1997 to expand public health care availability to low-income children and families. At that time, SCHIP gave $40 billion to states for 10 years to provide coverage for children living in families who earned too much to qualify for Medicaid but not enough to afford private insurance. Today, this successful program covers more than six million children. The authorization for this program expired on Sept. 30, 2007. Given the crush of must- pass legislation at the end of September, House and Senate Democrats abandoned the idea of pushing for a long-term renewal of the SCHIP. Instead, SCHIP will continue to operate under a short-term extension through March 2009. Streamlining Permitting for Critical Infrastructure, Economic Stimulus, and Alternative Energy Projects —"Green" Job Creation — Request that Congress and the Administration recognize the value of Habitat Conversation Plans (HCPs) as a reliable way of streamlining critical infrastructure, economic stimulus, and alternative energy project permitting in a manner that is consistent with federal environmental regulations. HCPs not only facilitate such projects through permit streamlining, but the planning, implementation, management, and monitoring needs associated with regional HCPs plans also create many quality "green"jobs. Telecommunications Act of 1996 Revisions — The Telecommunications Act of 1996 governs local government's role in telecommunications, primarily broadband cable that uses the County's right-of-way as well as consumer protections. As Congress works to update the Act, the County will continue to advocate for strengthening consumer protections and local government oversight of critical communications technologies; local access to affordable and reliable high speed broadband infrastructures to support the local economy; the right of local municipalities and communities to offer high-speed 12/11/2008 15 2009 Proposed Federal Platform broadband access: coordination and integration of private communication resources for governmental emergency communication systems; preservation of local government's franchise fees; preservation of the local community benefits, including but not limited to public, education and governmental (PEG) access channels; authority for provision of municipal telecommunication services; preservation of local police powers essential for health, safety and welfare of the citizenry; preservation of local government ownership and control of the local public rights-of-way; and support for ensuring that communication policy promotes affordable services for all Americans. Currently, the Community Broadband Act of 2007, S.1853, encourages the deployment of high speed networks by preserving the authority of local governments to offer community broadband infrastructure and services. The County will oppose all bills that do not address the County's concerns unless appropriately amended. In addition, the Federal Communications Commission (FCC) has proposed rule-making (FCC Second Report and Order Docket 05-311 "Franchising Rules for Incumbents") that, in the opinion of local government, goes beyond the scope of their authority in this area. The County will oppose all such rule making efforts. Volume Pricing — The National Association of Counties supports greater access for local governments to General Services Administration (GSA) contract schedules. These schedules provide volume pricing for state and local governments .and make public sector procurement more cost effective. However, current law does not provide full access to state and local governments for GSA schedules. The County will support legislation that gives local governments access to these schedules and provides the option of purchasing law enforcement, security, and other related items at favorable GSA reduced pricing. Workforce Investment Act (WIA) Reauthorization — Congress may again consider reauthorization of the Workforce Investment Act in 2009. The County will support reauthorization of the Workforce Investment Act at current funding levels or higher; keeping the program at the federal level rather than block granting it; maximizing local control, so that we can meet local needs; and establishing reasonable performance measures. In addition, any reauthorization or new workforce legislation should: retain private sector led state and local Workforce Investment Boards (local boards) as governing bodies; expand, enhance and simplify the WIA Youth Program; redesign the Dislocated Worker program to reflect the new economy; and redesign how the funding of One-Stop facilities is structured. 12/11/2008 16 2009 Proposed Federal Platform SEAL f. +x 2009 STATE LEGISLATIVE PLATFORM ',n CONTRA COSTA COUNTY sr9�covi�'� Each year, the Board of Supervisors adopts a State legislative platform that establishes priorities and policy positions with regard to potential state legislation and regulation. The State Legislative Platform includes policy issues that provide direction and guidance for identification of bills which would affect the services, programs or finances of Contra Costa County; County-sponsored bill proposals; and issues regarding the state budget and state-local relationship. 2009 Sponsored Bills The following sponsored bill proposals respond to Board adopted priorities and/or past direction to staff. ➢ Subdivision Map Act Amendment for Pedestrian, Bicycle, Transit and Traffic Calming Facilities — For some time the County has wanted to update its transportation fees for new development to fund off-site pedestrian, bicycle, transit and traffic calming facilities. However, the state statute authorizing local agencies to adopt ordinances to require the payment of fees for transportation facilities, section 66484 of the Subdivision Map Act, is limited to bridges and major thoroughfares. Rationale: The public's concern over greenhouse gas emissions and the impact of auto-oriented development on public health has spurred the County's efforts to secure additional funding for transportation facilities that can encourage more walking, bicycling and transit use. In addition, the County's successful efforts to reduce sprawl through infill development has increased the need for traffic calming devices to help minimize the traffic impacts from new development on existing roads. Revising the Subdivision Map Act to allow fees for these transportation facilities would support the County's public policy goals, consistent with its General Plan circulation element. Senator DeSaulnier introduced a bill to accomplish this in 2008 but dropped it due to opposition from the building industry. He has informed staff that he will reintroduce the bill in 2009 with input from the builders. ➢ CEQA Exemption for Affordable Housing Lending — CEQA exempts specified projects from its requirements, including an action taken by the State agencies to provide financial assistance or insurance for the development and construction of affordable housing if the project for financial assistance or insurance will be reviewed pursuant to CEQA by another public agency (Section 21080.10(b) of the California Public Resources Code). The County Redevelopment Agency requests legislation to additionally exempt from CEQA that action taken by a city or county housing and community development or housing finance agency to 12/11/2008 1 Attachment 8 provide financial assistance or insurance for the development and construction of affordable housing. Rationale: AB 2518 (Houston) in 2006 was a Contra Costa County-sponsored bill to accomplish this, but it was not successful in the Legislature. The exemption for State agencies engaged in affordable housing lending was adopted in 1980, before localities had a significant role in affordable housing lending. Today, localities are a major provider of affordable housing assistance, whereas the State role has diminished. Local agencies should not be treated differently from State agencies with respect to CEQA requirements and exemptions. Moreover, without this exemption, affordable housing projects not otherwise exempt by virtue of "by right"provisions in State law could be subject to "double jeopardy," whereby they would be subject to CEQA during entitlements and subject to CEQA during financing. ➢ CEQA Exemption for Infill Development in Unincorporated Areas — Section 15332 of the CEQA Guidelines is a Categorical Exemption for infill development projects but only within cities. The exemption should also include urbanized unincorporated areas. The proposal would affect the County's affordable housing, revitalization, and redevelopment programs in all unincorporated urbanized areas of the County. Rationale: Without the exemption, housing projects in the unincorporated areas are subject to a more time-consuming and costly process in order to comply with the CEQA guidelines than that which is required of cities, despite having similar housing obligations. 2009 Legislative/Regulatory Advocacy Priorities Each year, issues emerge through the legislative process that are of importance to the County and require advocacy. For 2009, it is anticipated that critical issues requiring the attention of Nielsen Merksamer, the County's advocate, will include the following: State Budget— The state is facing a structural deficit of approximately $11.2 billion for the 2008-09 fiscal year and a projected deficit of at least $27.8 billion through 2009-10. The long-standing practice of state government has been to look to counties as a means of balancing its budget. While opportunities to do so are more limited with the passage of Proposition 1A, the magnitude of the deficit makes it certain the state will be creative in their effort to include counties as part of its budget balancing solution. Of particular concern to counties is the inadequate reimbursement for our increasing cost of operating several human services programs, the Human Services Funding Deficit, formerly referred to as the "Cost of Doing Business." The annual shortfall between actual county expenses and state reimbursement has grown to approximately $1 billion since 2001, creating a de facto cost shift to counties. The funding gap forces counties 2 2009 Proposed State Platform to reduce services to vulnerable populations and/or divert scarce county resources from other critical local services. It also increases the risk of state and federal penalties. Health Care — Counties have a high stake in California's health reform efforts. Counties serve as employers, payers, and providers of care to vulnerable populations. Consequently, counties stand ready to actively participate in discussions of how to best reform the health care system in California. As proposals for Health Care reform by either the Administration or the Legislature are presented, they will be reviewed based on the Board-adopted "Principles for Action," and the Health Care Principles adopted by CSAC and the Board of Supervisors. Water and Levees /The Sacramento-San Joaquin Delta — Due to the Governor's Delta Vision and other processes, significant legislative activity related to re-engineering of the Delta is expected that could have significant impacts upon the County in the areas of water quality and supply (such as a peripheral canal), levees, ecosystem, governance and flood control. A water bond may be included in a special election, anticipated in June 2009. Consideration should be given to the potential for the County to sponsor Delta-related legislation through our legislative delegation. The Delta Water Platform, as well as the Strategic and Action Plan documents, will be incorporated in this Platform by reference when finalized. Transportation Funding— In recent years, the State has taken a significant amount of dedicated transportation funding to cover the General Fund budget deficit. The County will advocate for the protection of all current transportation funding sources and work to prevent the State from dipping into these funds again to cover budget shortfalls. Recent legislation placed limits on the State's ability to divert transportation funds to the General Fund, but diversion is frequently discussed by legislators. State transportation funds historically have been an important piece of the funding picture for annual road maintenance work, public transit, paratransit services, and major improvement projects to freeways and local roads. Funds also are needed to meet a growing number of unfunded state and federal mandates such as the Americans with Disabilities Act and stormwater and habitat preservation requirements, all of which have impacts on transportation improvement projects. The creation of a new transportation funding source could be supported, provided that the new source does not shift revenue away from the State's General Fund. Redevelopment Agency Revenue Shift to ERAF (Educational Revenue Augmentation Fund) — The adopted FY 2008-09 State budget requires a one-time shift of $350 million in property tax revenues from redevelopment agencies to Educational Revenue Augmentation Funds (ERAF). AB 1389 requires that each agency shift a proportional share of $350 million from its net property tax increment, which amounts to $1.294 million for Contra Costa County. The County should monitor discussions of any additional redevelopment revenue shifts and work with the California State Association of Counties (CSAC), the League of California Cities, and the California Redevelopment Association to educate and illuminate the Governor and Legislature on the value of redevelopment as an economic development and smart 3 2009 Proposed State Platform growth tool as they conceive and adopt budget changes for FY 2009 and a budget for FY 2010. Illegal Dumping — The Integrated Waste Management Board's Illegal Dumping Enforcement Task Force report will spark legislative interest in addressing this issue, which is not only costly to counties but also a blight on the environment. 2009 State Legislative Platform Policy Positions As requested by the Board, a brief background statement accompanies policy positions that are not self-evident. Explanatory notes are included either as the preface to an issue area or following a specific policy position. Please note that new and revised Policy positions are in italics, as are the explanations regarding policy positions. Agricultural Issues 1. SUPPORT efforts to ensure sufficient State funding for pest and disease control and eradication efforts to protect both agriculture and the native environment, including glassy-winged sharpshooter, light brown apple moth, and Japanese dodder activities; high risk pest exclusion activities; pesticide regulatory and law enforcement activities; and noxious weed pest management. Agriculture is an important industry in Contra Costa County. Protection of this industry from pests and diseases is important for its continued viability. 2. SUPPORT continued appropriations for regulation and research on sudden oak death, a fungal disease affecting many species of trees and shrubs in native oak woodlands. The County's natural environment is being threatened by this disease. 3. SUPPORT funding for agricultural land conservation programs and agricultural enterprise programs to protect and enhance the viability of local agriculture. The growth in East County and elsewhere has put significant pressure on agricultural lands, yet agriculture is important not only for its production of fresh fruits, vegetables and livestock, but also as a source of open space. Animal Services Issues 4. SUPPORT efforts to protect local revenue sources designated for use by the Animal Services Department; i.e., animal licensing, fines and fees. Fines, fees, and licensing are major sources of revenue for the Animal Services Department. The demand for animal services is increasing each year as does the demand on the General Fund. It is important to protect these revenue sources to continue to provide quality animal service and to meet local needs. 5. SUPPORT efforts to protect or increase local control and flexibility over the scope and level of animal services. Local control over the scope of animal 4 2009 Proposed State Platform services is necessary to efficiently address public safety and other community concerns. Local control affords jurisdictions the ability to tailor animal service programs to fit their communities. Animal related issues in dense urban areas vary from those in small, affluent communities 6. SUPPORT efforts to protect against unfunded mandates in animal services or mandates that are not accompanied by specific revenue sources which completely offset the costs of the new mandates, both when adopted and in future years. Unfunded mandates drain our limited fiscal resources and, at the same time, chip away at local control over the scope and level of services. 7. SUPPORT efforts to ensure full funding of state animal services mandates, including defense of the State Department of Finance's lawsuit against the State Commission on Mandates regarding the State obligations for reimbursement of local costs for animal services incurred in compliance with SB 1785. The County invested large sums of money to comply with SB 1785. That was done with the assurance that our cost would be offset by reimbursements from the state. Failure by the state to honor the reimbursements negatively impacts the County General Fund and Animal Services'budget. 8. SUPPORT efforts to protect and/or increase County flexibility to provide animal services consistent with local needs and priorities. The demand for quality animal service programming continues to increase each year. The County is undergoing rapid growth and changing demographics. It is incumbent upon the Animal Services Department to be flexible enough to adjust to the changing needs and priorities. 9. SUPPORT efforts to preserve the integrity of existing County policy relating to Animal Services (e.g., the Animal Control Ordinance and land use requirements). Contra Costa is looked upon as one of the model Animal Services Departments in the state. Its policies, procedures, and ordinances are the yardstick against which other Animal Control organizations are measured. The local control exercised by the Board of Supervisors is key to that hallmark. Child Support Services Issues 10. SUPPORT the establishment of a statewide electronic registry for the creation and release/satisfaction of liens placed on property of a non-custodial parent as necessary to collect delinquent child support payments. California law currently provides that recording an abstract or notice of support judgment with a County Recorder creates alien on real property. This requires recording the judgment in each of the 58 counties in order not to miss a property transaction. An electronic registry would simplify not only the creation of liens, but also the release/satisfaction of liens, because there would be a single statewide point of contact, and the entire process would be handled electronically through automated means. 5 2009 Proposed State Platform 11. SUPPORT amendment of current law that states that documents completed and recorded by a local child support agency may be recorded without acknowledgement (notarization) to clarify that the exception is for documents completed or recorded by a local child support agency. This amendment clarifies that documents that are prepared by the local child support agency and then sent for recording either by the local child support agency or by the obligor (non- custodial parent) or by a title insurance company are covered by the exemption, a technical point that not acknowledged by all county recorder offices. 12. SUPPORT efforts to simplify the court process for modifying child support orders by the court by requiring court appearances only when one of the parties objects to the modification. Currently, establishment of parentage and support by the court is permitted without court appearance if both parties are in agreement. A similar process for modification would reduce court time, the workload of all involved agencies and parties, and streamline the process. 13. SUPPORT efforts to ensure that the reduction caused by the federal Deficit Reduction Act of 2005 to the California Department of Child Support Services is not passed down as a reduction to the local program. The Act places a restriction on the ability of states to use incentive funds as the state match to draw additional federal funds. In previous years, California used its $30 million in federal funds in child support programs. As a result, unless the State decides to backfill the lost incentive funding, the program will be facing the prospect of a $90 million reduction in State FY 2007-08. The estimated reduction resulting from the loss of federal matching incentives to Contra Costa County in 2007-08 would be $1.7 million. Climate Change Issues 14. SUPPORT the CSAC Climate Change Policy Statements and Principles which address a broad range of issues affected by climate change, including water, air quality, agriculture, forestry, land use, solid waste, energy and health. The document is largely based on existing CSAC policy and adapted to climate change. Additionally, the document contains a set of general principles which establish local government as a vital partner in the climate change issue and maintain that counties should be an active participant in the discussions in the development of greenhouse gas reduction strategies underway at the state and regional level. 15. SUPPORT efforts to ensure that the implementation of AB 32 results in harmony among the greenhouse gas reduction target created by the Air Resources Board for each regional/local agency, the housing needs numbers provided by the state Department of Housing and Community Development pursuant to housing element law, the Sustainable Communities Strategy, and the Regional Transportation Plan processes. 6 2009 Proposed.State Platform Elections Issues 16. SUPPORT legislation to adjust precinct sizing from 1,000 voters per precinct to 1,250 voters per precinct. With the option of being able to have up to 1,250 voters per precinct, the best polling locations in a neighborhood can be selected, and that same site is more likely to be used for several elections, thus avoiding the need to change poll sites for voters. 17. SUPPORT full state reimbursement for state mandates imposed upon local registrars by the Secretary of State. Emergency Preparedness, Emergency Response 18. SUPPORT legislation that would give local agencies more authority to train volunteers and help clean-up oil spills without taking on additional legal liability. 19. SUPPORT legislation that would require the state's Oil Spill Prevention and Response Agency to improve communication and clean-up technology, increase safety standards for ships and establish special protections for ecologically sensitive areas. 20. SUPPORT legislation that would require responses to future oil spills in a shorter timeframe, with a more regional approach. 21. SUPPORT measures that enable counties and other local agencies to better exercise their responsibilities to plan for and respond to emergencies and disasters without taking on additional legal liability and oppose those that do not recognize or support the county and local agency role in the State's Standardized Emergency Management System. Eminent Domain Issues 22. SUPPORT legislation that maintains the distinction in the California Constitution between Section 19, Article I, which establishes the law for eminent domain, and Section 7, Article XI, which establishes the law for legislative and administrative action to protect the public health, safety, and welfare. 23. SUPPORT legislation that would provide a comprehensive and exclusive basis in the California Constitution to compensate property owners when property is taken or damaged by state or local governments, without affecting legislative and administrative actions taken to protect the public health, safety, and welfare. 7 2009 Proposed State Platform Flood Control and Clean Water Issues 24. SUPPORT authorization for regional approaches to comply with aquatic pesticide permit issues under the purview of the State Water Resources Control Board. Contra Costa County entered into an agreement with a neighboring county and several cities to share the costs of monitoring. While it makes sense for local government to pool resources to save money, State Board regulations make regional monitoring infeasible. 25. SUPPORT efforts to provide local agencies with more flexibility and options to fund clean water programs. Stormwater requirements issued by the Regional Water Quality Control Boards are becoming more and more expensive, yet there is no funding. Stormwater should be structured like a utility with the ability to set rates similar to the other two key water services: drinking water and wastewater. 26. SUPPORT efforts to provide immunity to local public agencies for any liability for their clean-up of contaminations on private lands. This will be more critical as the Regional Water Quality Control Boards institute Total Maximum Daily Loads, which establish a maximum allowable amount of a pollutant (like mercury) in the stormwater from a watershed. General Revenues/Finance Issues As a political subdivision of the state, many of Contra Costa County's services and programs are the result of state statute and regulation. The state also provides a substantial portion of the County's revenues. However, the state has often used its authority to shift costs to counties and to generally put counties in the difficult position of trying to meet local service needs with inadequate resources. While Proposition 1A provided some protections for counties, vigilance is necessary to protect the fiscal integrity of the County. 27. SUPPORT the State's effort to balance its budget through actions that do not adversely affect County revenues, services or ability to carry out its governmental responsibilities. 28. OPPOSE any state-imposed redistribution, reduction or use restriction on general purpose revenue, sales taxes or property taxes unless financially beneficial to the County. (Note that a redistribution of sales and property tax may be beneficial to Contra Costa County in the event that sales tax growth continues to lag behind property tax growth.) This policy includes opposition to the shift of redevelopment property tax increment revenues to the Educational Revenue Augmentation Fund (ERAF) in the current year, and in future years. 29. OPPOSE efforts to limit local authority over transient occupancy taxes (TOT). 8 2009 Proposed State Platform 30. OPPOSE any efforts to increase the County's share-of-cost, maintenance-of- effort requirements or other financing responsibility for state mandated programs absent new revenues sufficient to meet current and future program needs. 31. SUPPORT efforts to ensure that Contra Costa County receives its fair share of state allocations, including mental health funding under Proposition 63 and pass- through of federal funds for anti-terrorism and homeland security measures. The state utilizes a variety of methods to allocate funds among counties, at times detrimental to Contra Costa County. For example, with Proposition 63 mental health funding, the Department had anticipated $12-16 million per year. The state allocation is only $7.1 million for the first 3 years, in part because the homeless population was not considered in the allocation methodology. 32. SUPPORT efforts to receive reimbursement for local tax revenues lost pursuant to sales and property tax exemptions approved by the legislature and the State Board of Equalization. 33. SUPPORT continued efforts to reform the state/local relationship in a way that makes both fiscal and programmatic sense for local government. 34. OPPOSE reductions in county-run State programs that shift responsibility or costs to the County. 35. SUPPORT efforts to relieve California of the federal Child Support penalties without shifting the cost of the penalties to the counties. 36. SUPPORT reduction in the 2/3 vote requirement for special taxes that fund high priority local services. 37. SUPPORT efforts to authorize counties to impose forfeitures for violations of ordinances, as currently authorized for cities. This would provide the County with the opportunity to require deposits to assure compliance with specific ordinance requirements as well as retain the deposit if the ordinance requirements are not met. Currently, the County is limited to imposing fines which are limited to only $100 - $200 for the first violation, which has proven to be an ineffective deterrent in some cases. 38. SUPPORT efforts to redefine the circumstances under which commercial and industrial property is reassessed to reduce the growing imbalance between the share of overall property tax paid by residential property owners versus commercial/industrial owners. 39. SUPPORT efforts to reduce County costs for Workers' Compensation, including the ability to control excessive medical utilization and litigation. Workers' Compensation costs are significant, diverting funds that could be utilized for County services. Workers' Compensation should provide a safety net for injured 9 2009 Proposed State Platform employees, for a reasonable period of time, and not provide an incentive for employees to claim more time than medically necessary. 40. SUPPORT state actions that maximize federal and state revenues for county-run services and programs. 41. SUPPORT legislative compliance with both the intent and language of Proposition 1A. 42. SUPPORT full State funding of all statewide special elections, including recall elections. 43. OPPOSE efforts of the State to avoid state mandate claims through the practice of repealing the statues, then re-enacting .them. In 2005, the State Legislature repealed sections of the Brown Act that were subject to mandate claims, then re- enacted the same language pursuant to a voter-approval initiative, and therefore, not subject to mandate claims. 44. SUPPORT strong Public Utilities Commission (PUC) oversight of state- franchised providers of cable and telecommunications services, including rigorous review of financial reports and protection of consumer interests. AB 2987 (Nunez), Chapter 700, statutes of 2006 transferred regulatory oversight authority from local government to the PUC. 45. SUPPORT timely, full payments to counties by the State for programs operated on their behalf or by mandate. The State currently owes counties approximately $1 billion in State General Funds for social services program costs dating back to FY 2002-03. 46. SUPPORT full State participation in funding the County's retiree and retiree healthcare unfunded liability. Counties perform most of their services on behalf of the state and federal governments. Funding of retiree costs should be the responsibility of the State, to the same extent that the State is responsible for operational costs. Health Care Issues The federal Medi-Cal waiver provided $180 million per year during years 3 to 5 of the waiver, contingent upon the State developing a "coverage initiative for the uninsured." The California Association of Public Hospitals has taken the lead in structuring an initiative that would not only improve the health status of enrollees, but also promote prudent use of health care services and ultimately lower costs for counties and the Medi-Cal system. In addition, the Governor and the Legislature have been engaged in health care reform discussions since 2007. Counties are concerned about any reform that could transfer 10 2009 Proposed State Platform responsibility to counties, without commensurate financing structures or in a manner not compatible with the County's system. Counties support a concept of universal health coverage for all Californians. Toward that end, counties urge the state to enact a system of health coverage and care delivery that builds upon the strengths of the current systems in our state, including county-operated systems serving vulnerable populations. Currently, California has a complex array of existing coverage and delivery systems that serve many, but not all, Californians. Moving this array of systems into a universal coverage framework is a complex undertaking that requires sound analysis, thoughtful and deliberative planning, and a multi-year implementation process. As California moves forward with health care reform, counties urge the state to prevent reform efforts from exacerbating problems with existing service and funding. The State must also consider the differences across California counties and the impacts of reform efforts on the network of safety-net providers, including county providers. The end result of health reform must provide a strengthened health care delivery system for all Californians, including those served by the safety net. 47. SUPPORT State action to increase access and affordability. Access to care and affordability of care are critical components of any health reform plan. Expanding eligibility for existing programs will not provide access to care in significant areas of the state. Important improvements to our current programs, including Medi- Cal, must be made either prior to, or in concert with, a coverage expansion in order to ensure access. Coverage must be affordable for all Californians to access care. 48. SUPPORT Medi-Cal reimbursement rate increases to incentivize providers to participate in the program. 49. SUPPORT administrative streamlining of Medi-Cal, including elimination of the asset test and semi-annual reporting and changes to income verification. California should look to other states for ideas to reduce administrative costs, such as allowing all children bom into Medi-Cal to remain on the program until age 21. 50. SUPPORT actions that address provider shortages (including physicians, particularly specialists, and nurses). Innovative programs, such as loan forgiveness programs, should be expanded. In an effort to recruit physicians from other states, the licensing and reciprocity requirements should be re-examined. Steps should be taken to reduce the amount of time it takes to obtain a Medi-Cal provider number (currently six to nine months). 51. SUPPORT efforts that implement comprehensive systems of care, including case management, for frequent users of emergency care and those with chronic diseases and/or dual diagnoses. Approaches could be modeled after current programs in place in safety net systems. 11 2009 Proposed State Platform 52. SUPPORT efforts that provide sufficient time for detailed data gathering of current safety funding in the system and the impact of any redirection of funds on remaining county responsibilities. The interconnectedness of county indigent health funding to public health, correctional health, mental health, alcohol and drug services and social services must be fully understood and accounted for in order to protect, and enhance as appropriate, funding for these related services. 53. OPPOSE safety net funding transfers until an analysis of who would remain uninsured (e.g. medically indigent adults, including citizens, who cannot document citizenship under current Medicaid eligibility rules) is completed in order to adequately fund services for these populations. 54. SUPPORT efforts to clearly define and adequately fund remaining county responsibilities. 55. SUPPORT State action to provide an analysis of current health care infrastructure (facilities and providers), including current safety net facilities across the state, to ensure that there are adequate providers and health care facilities, and that they can remain viable after health reform. 56. SUPPORT efforts to provide adequate financing for the reforms to succeed. 57. SUPPORT measures that maximize Federal reimbursement from Medicaid and S-CHIP. 58. SUPPORT State action to complete actuarial studies on the costs of transferring indigent populations, who currently receive mostly episodic care, to a coverage model to ensure that there is adequate funding in the model. 59. SUPPORT efforts that ensure that safety net health care facilities remain viable during the transition period and be supported afterwards based on analyses of the changing health market and of the remaining safety net population. 60. SUPPORT State action to implement California's Medi-Cal Hospital/Uninsured Care 1115 Waiver to ensure full Federal financial participation by creating a health coverage program through public hospitals that would establish the provider network and set of services; qualify eligible enrollees; issue coverage cards; and assign primary care providers. 61. SUPPORT efforts to increase revenues and to contain mandated costs in the County's hospital and clinics system. 62. SUPPORT efforts to increase the availability of health care to the uninsured in California, whether employed or not. 12 2009 Proposed State Platform 63. SUPPORT legislation that improves the quality of health care, whether through the use of technology, innovative delivery models or combining and better accessing various streams of revenue, including but not limited to acute and long term care integration. 64. SUPPORT legislation to protect safety net providers, both public and private. Legislation should focus on stabilizing Medi-Cal rates and delivery modes and should advocate that these actions are essential to the success of any effort to improve access and make health care more affordable. Currently there is no planned or organized system of care for young people and their families in need of alcohol and drug treatment services. Moreover there is a vast disparity between treatment need and treatment capacity for adolescents. In 2002, an estimated 468,000 persons between the ages of 12 & 18 in our state had an alcohol and drug problem (abuse or dependence) that warranted treatment. In that same year only 18,965 adolescents in that age group were actually admitted to publicly-funded alcohol and drug programs. This number represents only 4% of the estimated population in need of treatment. Relative to the need and demand for this service, this is an area of the State's health care system that has been largely ignored. 65. SUPPORT State efforts to increase the scope of benefits and reimbursement rates contained in Minor Consent Medi-Cal to give youth suffering from substance abuse disorders access to a continuum of care, including residential and one-on-one outpatient treatment. 66. SUPPORT efforts to give incentives to providers to establish more youth-driven treatment facilities within the community. 67. SUPPORT efforts to extend Minor Consent Medi-Cal Coverage to incarcerated youths, many of whom are in custody due to drug related crimes. This could greatly decrease recidivism in the juvenile justice system. 68. SUPPORT county efforts in the promotion of partnerships that provide integrGted responses to the needs of alcohol and drug populations, including criminal justice, perinatal and youth as well as those populations with co-occurring disorders. 69. SUPPORT and encourage the development of strategies that include alcohol and drug services in the provision of all culturally appropriate health care services. 70. SUPPORT the development and institutionalization of a tracking system for use on utilization and notification of Healthy Family substance abuse benefits for youths enrolled under California's Health Family program. Like other youth in California, youth in Contra Costa County, are the most underserved population in the County's Alcohol and Other Drug (A OD) Services' caseloads. The Healthy 13 2009 Proposed State Platform Family initiative holds great potential as a funding source to address this major deficit in our AOD treatment services. 71. SUPPORT efforts to require coverage of medically necessary alcohol and substance abuse related disorder treatment on the same levels as other medical conditions in health care service plans and disability insurance policies. Alcohol and drug treatment services are the most under-funded of all health services. Neither the state nor the federal allocations to the County covers medical treatment for AOD services, and so are a cost borne by the County. Human Services Issues 72. SUPPORT efforts to increase County flexibility in use of CalWORKs funds and in program requirements in order to better support the transition of welfare dependent families from welfare-to-work and self sufficiency, including, but not limited to, extending supportive services beyond the current limit; enhancing supportive services; increasing diversion and early intervention to obviate the need for aid; developing a state earned income tax credit; expanding job retention services; developing a eligibility definition to 250% of the poverty level; and exempting the hard-to-serve from welfare-to-work activities and the 20% exemption or providing flexibility in the time limit (dependent upon terms and conditions of TANF reauthorization). All of these measures would make it easier for CaIWORKs families to enter employment services, become employed, and continue with the support they need in order to maintain their jobs. 73. SUPPORT efforts to revise the definition of "homelessness" in the Welfare & Institutions Codes to include families who have received eviction notices due to a verified financial hardship, thus allowing early intervention assistance for CalWORKs families. Current law prevents CaIWORKs from providing homeless assistance until the CaIWORKs family is actually "on the street." This rule change would enable the County to work with CaIWORKs families who are being threatened with homelessness to prevent the eviction and, presumably, better maintain the parents'employment status. 74. SUPPORT efforts to ensure funding of child care for CaIWORKs and former CaIWORKs families at levels sufficient to meet demand. The State of California has not fully funded the cost of child care for the "working poor." Additional funding would allow more CaIWORKs and post-CalWORKs families to become and/or stay employed. 75. SUPPORT efforts to establish an "umbrella code" for the reporting of incidents of elder abuse to the Department of Justice, thus more accurately recording the incidence of . abuse. Current reporting policies within California's law enforcement community and social services departments are uncoordinated in regards to the reporting of adult abuse. Under an "umbrella code," law enforcement agencies and social services departments would uniformly report 14 2009 Proposed State Platform incidents of elder abuse and California would have much better data for policy and budget development purposes. 76. SUPPORT efforts that seek to identify and eliminate elder financial abuse and elder exposure to crime that may be committed through conservatorships. 77. SUPPORT efforts to reduce County costs for In-Home Supportive Services, including but not limited to extending the required reassessment period. There are many administrative tasks required in regulation for counties to follow in managing the In-Home Supportive Services program. Options to many of these tasks would lower administrative costs while maintaining program integrity. 78. SUPPORT efforts to eliminate the finger-imaging requirement for adult food stamp applicants, recognizing the fraud deterrent aspects of the Electronic Benefits Transfer System. Elimination of the finger-imaging requirement, which was originally implemented as a fraud control measure in the old welfare programs, is viewed by many as an unnecessary or duplicate process. The current electronic benefits transfer system combined with program eligibility processes provides more fraud prevention/detection than does finger-imaging. 79. SUPPORT efforts to allow phone-in Food Stamp Eligibility Redeterminations as a more cost effective benefit reassessment process. As counties such as Contra Costa change their business models to utilize centralized service centers, some of the antiquated process rules and requirements also need to be changed, to allow cost efficient practices. Changing the rules to allow phone-ins for Eligibility Redeterminations is one example. 80. SUPPORT efforts to continue expansion of Child Welfare Redesign Program Improvements including: use of Federal IV-E funding for pre-placement, prevention activities; development of caretaker recruitment and retention campaigns; extension of Independent Living Skill services to age 21; and, funding to implement Children's Child Welfare Workload Study Results, SB 2030. Changes in these areas would enable counties to better meet their performance accountability goals, as required under Federal and State statutes. 81. SUPPORT efforts to allow Medi-Cal clients transportation access to medical care via the most efficient transportation mode possible instead of the very costly ambulance transportation that is currently prevalent. California is currently limited to the types of non-emergency medical transportation for reimbursement by Medi-Cal. However, the federal Medicaid program allows other much less costly forms of transportation to be used. Other states use this more permissive definition of approved non-emergency medical transportation to encourage Medicaid clients to receive preventative care and reduce the incidence of last- resort ambulance transportation to hospital emergency rooms for primary care. 15 2009 Proposed State Platform Illegal Dumping of Waste 82. SUPPORT legislation to establish an advance disposal fee program (retailer take-back program) for large appliances and furniture. 83. SUPPORT legislation that would make changes to the used tire redemption program. Instead of collecting a disposal fee from the consumer when new tires are purchased, a disposal fee would be collected at the wholesale level and redeemed by the disposal site when the used tires are brought to the site. The party bringing the tires to the disposal site would also receive a portion of the fee. Indian Gaming Issues Contra Costa County is currently home to the Lytton Band of the Pomo Indians' Casino in San Pablo, a Class 11 gaming facility. There are also proposals for two additional casinos in West County: one in North Richmond and the other in Point Molate. Local governments have limited authority in determining whether or not such facilities should be sited in their jurisdiction; the terms and conditions under which the facilities will operate; and what, if any, mitigation will be paid to offset the cost of increased services and lost revenues. Contra Costa County has been active in working with CSAC and others to address these issues, as well as the need for funding for participation in the federal and state review processes and for mitigation for the existing Class 11 casino. 84. SUPPORT efforts to ensure that counties who have existing or proposed Class II Indian gaming facilities receive the Special Distribution Funds. 85. OPPOSE the approval or establishment of Indian gaming facilities in Contra Costa County. 86. OPPOSE the expansion or approval of Class III gaming machines at the existing gaming facility in Contra Costa County. 87. SUPPORT State authority to tighten up the definition of a Class II machine. 88. SUPPORT State legislative and administration actions consistent with the CSAC policy documents on development on Indian Lands and Compact negotiations for Indian gaming. Land Use/Community Issues 89. SUPPORT efforts to promote economic incentives for "smart growth," including in-fill and transit oriented development. Balancing the need for housing and economic growth with the urban limit line requirements of Measure J (2004) will rely on maximum utilization of"smart growth"principles. 16 2009 Proposed State Platform 90. SUPPORT efforts to increase the supply of affordable housing, including, but not limited to, state issuance of private activity bonds, affordable and low income housing bond measures, low-income housing tax credits and state infrastructure financing. This position supports Goals 2, 3 and 4 of the County General Plan Housing Element. 91. SUPPORT efforts to amend Section 65915 of the Government Code (amended in 2004 by SB 1818 - Hollingsworth) so that state law enhances rather than inhibits local efforts to increase the supply of affordable housing. The provisions of law regarding density bonuses and inducements to them should be clarified and simplified in order to encourage this avenue for affordable housing production. 92. SUPPORT efforts to reform state housing element law to promote the actual production and preservation of affordable housing and to focus less on process and paper compliance. 93. OPPOSE efforts to limit the County's ability to exercise local land use authority. 94. SUPPORT increased flexibility in the use of Redevelopment set-aside funds for low and moderate income housing. Such flexibility would encourage creative use of these funds, resulting in higher overall production of units. 95. SUPPORT efforts to reduce the fiscalization of land use decision-making by local government, which favors retail uses over other job-creating uses and housing. Reducing incentives for inappropriate land use decisions, particularly those that negatively affect neighboring jurisdictions, could result in more rational and harmonious land use. 96. SUPPORT efforts to identify funding mechanisms and require producer responsibility for recycling wastes banned from landfills (including universal wastes such as electronic waste and mercury containing items). Some means of disposal is required for these items once their useful economic life has ended. By creating a universal method of disposal, all Califomians will be treated equally. 97. SUPPORT allocations, appropriations, regulations, and rule making processes related to the expenditure of Proposition 84 funds that provide a fair share of funding to Contra Costa County for the water, park, and resource conservation projects funded by the Proposition, including but not limited to a per capita apportionment of funds for local parks that does not differentiate between residents of unincorporated and incorporated areas as well as funding for land acquisition and restoration under Natural Community Conservation Plans, such as the plan being developed for East County. In the past, the residents of unincorporated Contra Costa County have not received their fair share of local park funds due to an inequitable allocation process. This policy would address 17 2009 Proposed State Platform that inequity. In addition, funding is needed to support the East Contra Costa County Natural Community Conservation Plan. Law and Justice System Issues 98. SUPPORT legislation that seeks to curb metal theft by making it easier for law enforcement agencies to track stolen metals sold to scrap dealers through such means as requiring identification from customers selling commonly stolen metals, banning cash transactions over a certain amount, and requiring scrap dealers to hold materials they buy for a certain period of time before melting them down or reselling them. 99. SUPPORT full funding of the state Juvenile Probation and Camps Funding (JPCF). In FY 2004-05, the State eliminated Probation's allocation of federal Temporary Assistance to Needy Families (TANF) funds and backfilled them with state General Funds. At risk is approximately $5.2 million of revenue that supports the Orin Allen Youth Rehabilitation Facility, Home Supervision and Juvenile Electronic Monitoring Program, and the Juvenile Community Service program (weekend work). 100. SUPPORT Adult Probation Funding that would provide state funding for adult probation services to enhance public safety and provide realistic opportunities for the rehabilitation of probationers. Implementing evidence-based practices can potentially reduce the prison-bound probation population by between 10 and 30 percent. Intervening with this population of prison-bound probationers to increase supervision and treatment services can have a significant impact on prison admissions and help to reduce prison overcrowding in California. Levee Issues, Sacramento-San Joaquin Delta Issues The Delta Water Platform was compiled initially in mid-2008 to consolidate and organize the many County policies and positions into one document that could be utilized to guide actions and advocacy to promote a healthy Sacramento-San Joaquin Delta. The Delta Water Platform is comprised of fourteen subject areas. Each of these subject categories contains relevant policies and background explanatory language. Each subject category is summarized below. The policies and background information can be found in the Delta Water Platform, which is included in this document by reference: Short Term Actions to be implemented immediately: Includes a broad range of specific, relatively non-controversial actions to quickly improve the state of the Delta, such as improvements to levees, the fishery, habitat and emergency response. Conveyance: Through-Delta and Isolated Conveyance: Consideration of isolated conveyance must protect and improve the Delta and the entire Bay-Delta ecosystem, 18 2009 Proposed State Platform include the broadest range of non-biased scientific analysis of impacts, include levee repair and all costs of a facility must be paid by beneficiaries. Water Storage: Multi-purpose storage facilities are recommended and groundwater storage preferred to surface storage options. Detailed groundwater studies are recommended. The Delta Ecosystem: Protection and restoration of an ailing Delta ecosystem has long been a priority of the Board of Supervisors, including need for additional scientific research to address fundamental questions, fishery and habitat restoration projects. Water Conservation: Landscape and household conservation, maximizing use of reclaimed wastewater, use of meters, and agricultural water conservation are recommended. Governance: A new or improved system of oversight related to ecosystem and water management is necessary. The existing Delta Protection Commission land use govemance structure has been successful, requiring no further action. Local Government representation in any governance structure is paramount. Levee Restoration: Advocacy for immediate and significant (multi-year) funding and levee repair is a priority, including upgrades to minimum (PL 84 99) standards for all levees, and a higher, 200-year level of protection for communities protected by levees. Stockpiling rock in the Delta specifically for levee repair and continuance of the Long Term Management Strategy(LTMS) are highly recommended. Water Quality, Water Quality and Delta Outflow: Protection and improvement of water quality, quantity and outflow, determination and assurance of adequate water for the delta ecosystem and examination of the State and Federal project operations (including potential for reduced exports) are recommended here. Flood Protection/Floodplain Management: Comprehensive flood management planning throughout the Delta and its watersheds, as well as funding to bring flood facilities to 200-year levels and revenue generation for flood control districts continue to be of import. Water Rights and Legislative Protections: Existing area-of-origin and other water rights protections established for the Delta should be preserved. Regional Self-Sufficiency: All export regions should be implementing all water supply options available to them to reduce stress on the Delta as a limited resource. Emergency Response: Collaborative efforts among the Delta counties to improve emergency response in the region have been productive and are continuing. 19 2009 Proposed State Platform San Luis Drain/Grasslands Bypass: Long-standing opposition to selenium discharges from this project entering the Delta and support of in-valley treatment solutions are ongoing. Continued reduction in drainage from the Grasslands Bypass project is also monitored. Climate Change: Impacts of climate change must be considered in planning, _engineering and construction activities. 101. ADVOCATE for administrative and legislative action to provide significant funding for rehabilitation of levees in the western and central Delta. Proposition 1 E, passed in November 2006, provides for $3 billion for levees, primarily those in the Central Valley Flood Control Program. Language is included in the bond for other Delta levees, but funding is not specifically directed. The County will work on a coalition basis to actively advocate for $1 billion in funding through this bond. 102. ADVOCATE for legislation dealing with the Delta, including levees and levee programs, level and type of flood protection, beneficiary-pays programs, flood insurance, liability and other levee/land use issues. 103. SUPPORT legislation/regulation requiring Reclamation Districts to develop, publish, and maintain hazard emergency plans for their districts. Emergency response plans are critical to emergency management, particularly in an area or situation like the Delta where a levee break could trigger other emergencies. This legislation/regulation should also include the requirement for plan review and annual distribution of the plan to the residents of the district, County Office of Emergency Services and other government agencies that have emergency response interests within the district. 104. ENGAGE in the state Delta Vision program created through legislation and Governor's Executive Order in 2006. Together with the Delta Risk Management Strategy, the Delta Vision will ultimately determine how the Delta can become a sustainable system and ultimately, the final configuration of the Delta. Library Issues 105. SUPPORT State financial assistance in the operation of public libraries, including full funding of the Public Library Fund (PLF) and the Direct/Interlibrary Loan (Transaction Based Reimbursement) program. The Contra Costa Library has lost over$1 million in PLF funds annually in the last 4 years. 106. SUPPORT State bonds for public library construction. The 2000 library construction bond provided funding for two libraries in Contra Costa County. There is currently a need of approximately $289,000,000 for public library construction, expansion and renovation in Contra Costa County. 20 2009 Proposed State Platform 107. SUPPORT continued funding for the Califomia Library Literacy and English Acquisition Services Program, which provides matching funds for public library adult literacy programs that offer free, confidential, one-on-one basic literacy instruction to English-speaking adults who want to improve their reading, writing, and spelling skills. Telecommunications Issues 108. SUPPORT clean-up legislation on AB 2987 that provides for local emergency notifications similar to provisions in cable franchises for the last 20 years. Currently our franchises require the cable systems to carry emergency messages in the event of local emergencies. With the occurrence of several local refinery incidents, this service is critical for Contra Costa. Under federal law, Emergency Alert System requirements leave broad discretion to broadcasters to decide when and what information to broadcast, emergency management offices to communicate with the public in times of emergencies. 109. SUPPORT preservation of local government ownership and control of the local public rights-of-way. Currently, local govemment has authority over the time, place, and manner in which infrastructure is placed in their rights-of-way. The California Public Utilities Commission is considering rulemaking that would give them jurisdiction to decide issues between local government and telecommunication providers. Transportation Issues 110. SUPPORT increased transportation funding and protection of current transportation funding sources. While County voters' extension of Measure J and the transportation infrastructure bond measure of November 2006 have increased the funds available for transportation, additional funds are needed to complete the funding for major transportation projects such as Vasco Road improvements. Funds also are needed to meet a growing number of unfunded state and federal mandates such as the Americans with Disabilities Act and stormwater and habitat preservation requirements. The County supports creation of new transportation funding sources provided that the new source does not shift revenue away from the State's General Fund. The County also supports an amendment to the Subdivision Map Act to allow the use of off-site transportation impact fees to fund pedestrian, bicycle transit and traffic calming facilities necessitated by new development. Senator DeSaulnier introduced such a bill in 2008 but dropped it due to opposition from the building industry. He has informed staff that he will reintroduce the bill in 2009 with input from the builders. 111. SUPPORT regional coordination that provides for local input in addressing transportation needs. Coordinated planning and delivery of public transit, paratransit, and rail services will help ensure the best possible service delivery to 21 2009 Proposed State Platform the public. Regional coordination also will be needed to effectively deal with the traffic impacts of Indian gaming casinos such as those in West County. Regional coordination also will be essential to complete planning and development of important regional transportation projects such as State Route 239, improvements to Vasco Road, completion of remaining segments of the Bay Trail, improvements to the Delta DeAnza Regional Trail, and the proposed California Delta Trail. It is important that the regional coordination efforts are based on input gathered from the local level, to ensure the regional approach does not negatively impact local communities. "Top-down" regional planning efforts would be inconsistent with this goal. 112. SUPPORT efforts to improve safety throughout the transportation system. The County supports new and expanded projects and programs to improve safety for bicyclists, pedestrians and wheelchair users, as .well as projects to improve safety on high-accident transportation facilities such as Vasco Road. Data on transportation safety would be improved by including global positioning system (GPS) location data for every reported accident to assist in safety analysis and planning. The County also supports school safety improvement programs such as crossing guards, Safe Routes to Schools (SR2S) grants, efforts to improve the safety and security of freight transportation system including public and private maritime ports, airports, rail yards, railroad lines and sidings. The County also supports limits or elimination of public liability for installing traffic-calming devices on residential neighborhood streets. 113. SUPPORT funding or incentives for the use of renewable resources in transportation construction projects. The County seeks and supports grant programs, tax credits for manufacturers, state purchasing programs, and other incentives for local jurisdictions to use environmentally friendly materials such as the rubberized asphalt (made from recycled tires) that the County has used as paving material on San Pablo Dam Road and Pacheco Boulevard. 114. SUPORT streamlining the delivery of transportation projects. The length of time and amount of paperwork should be reduced to bring a transportation project more quickly through the planning, engineering and design, environmental review, funding application, and construction phases, such as for Vasco Road. This could include streamlining the environmental review process and also streamlining all state permitting requirements that pertain to transportation projects. 115. SUPPORT efforts to coordinate development of state-funded facilities such as courts, schools, jails and state offices with local planning. The County supports coordinating planning between school districts and local jurisdictions in locating and planning new schools and funding programs that foster collaboration to help finance off-site transportation improvements for access to schools. 22 2009 Proposed State Platform 116. SUPPORT regional aviation transportation planning efforts for coordinated aviation network planning to improve service delivery. Regional aviation coordination could also improve the surrounding surface transportation system by providing expanded local options for people and goods movement. 117. SUPPORT efforts to increase waterborne transport of goods, and obtaining funds to support this effort. The San Francisco to Stockton Ship Channel is a major transportation route for the region, providing water access to a large number of industries and the Ports of Sacramento and Stockton. A project is underway to deepen the channel, providing additional capacity to accommodate increasing commerce needs of the Ports and providing better operational flexibility for the other industries. Increased goods movement via waterways has clear benefits to congestion management on highways and railroads (with resultant air quality benefits). 23 2009 Proposed State Platform 2008 Legislation Supported by the County and Signed by the Governor CA AB 2168 AUTHOR: )ones [D] TITLE: Farm Stands: Direct Marketing: Retail Food INTRODUCED: 02/20/2008 LAST AMEND: 07/02/2008 DISPOSITION: Enacted LOCATION: Enacted CHAPTER: 447 SUMMARY: Authorizes the adoption of regulations to encourage direct sale by farmers to the public of all types of agricultural products. Specifies the regulations may include provision to ensure that selling is conducted without fraud, deception, or misrepresentation. Authorizes field retail and farm stands located near the point of production to engage in similar direct marketing. Establishes farm stands as another form of direct marketing outlet. Provides restrictions and requirements for these venues would vary. STATUS: 09/27/2008 Signed by GOVERNOR. 09/27/2008 Chaptered by Secretary of State. Chapter No. 447 Commentary: CCCo - Support (Bd Position) CA SB 286 AUTHOR: Lowenthal [D] TITLE: Transportation Enhancement Funds: Conservation Corps INTRODUCED: 02/15/2007 LAST AMEND: 08/15/2008 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER: 373 SUMMARY: Requires, with respect to federal funds made available to the state for transportation enhancement projects, transportation planning agencies, county transportation commissions or authorities, and congestion management agencies to utilize specified criteria that give priority in project selection to the sponsors of eligible projects that partner with or commit to employ the services of a community conservation corp, or the state conservation corps to construct or undertake the project. STATUS: 09/27/2008 Signed by GOVERNOR. 09/27/2008 Chaptered by Secretary of State. Chapter No. 373 Commentary: CCCo - Support (Board Position) CA SB 301 AUTHOR: Romero [D] TITLE: Local Government Finance INTRODUCED: 02/15/2007 LAST AMEND: 04/29/2008 DISPOSITION: Enacted LOCATION: Chaptered 12/11/2008 1 Attachment C CHAPTER 375 SUMMARY: Deletes the requirement that a city be incorporated before a specified date, in order to be allocated Vehicle License Fee revenues. Specifies, for purposes of this formula used to determine additional Vehicle License Fee revenues for cities that were incorporated prior to the specified time frame, that the city's actual population is the population residing in areas annexed after a specified date. Extends indefinitely the formulary method used to determine the population of a unincorporated city. STATUS: 09/27/2008 Signed by GOVERNOR. 09/27/2008 Chaptered by Secretary of State. Chapter No. 375 Commentary: CCCo - Support (Bd Position) Legislation Supported by the County and Vetoed by the Governor CA AB 1950 AUTHOR: Lieu [D] TITLE: Vessels: Abandonment: Abatement INTRODUCED: 02/13/2008 LAST AMEND: 06/16/2008 DISPOSITION: Vetoed LOCATION: Vetoed - SUMMARY: Increases the penalty for abandoning a vessel upon a public waterway or public or private property. Requires the Department of Boating and Waterways to track the number of surrendered vessels accepted by an agency and disposed of using funds from the Abandoned Watercraft Abatement Fund and the total expenditure from the fund for surrendered vessels. Prohibits the state from assuming liability for any injuries or damages resulting from the processing or disposal of a surrendered vessel. STATUS: 09/27/2008 Vetoed by GOVERNOR. Commentary: CCCo - Support (Board Position) CA AB 2504 AUTHOR: DeSaulnier [D] TITLE: Sacramento-San Joaquin Delta: Tourism and Marketing INTRODUCED: 02/21/2008 LAST AMEND: 08/12/2008 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Requires the Delta Protection Commission to develop and adopt a tourism and marketing plan for the Sacramento-San Joaquin Delta that would promote agriculture and ecotourism opportunities, recreational opportunities, educational outreach strategies, economic development opportunities and cultural and historical activities. Requires the commission to develop an advisory committee to review the plan and a stakeholder committee. Authorizes the commission to consult with the 12/11/2008 2 Attachment C Travel and Tourism Commission. STATUS: 09/30/2008 Vetoed by GOVERNOR. Commentary: CCCo - Support (Bd Position) CA AB 2594 AUTHOR: Mullin [D] TITLE: Redevelopment: Affordable Housing INTRODUCED: 02/22/2008 LAST AMEND: 07/10/2008 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Authorizes a redevelopment agency to expend money to purchase, assume, or refinance subprime and nontraditional mortgages on homes owned by persons of low or moderate income or make loans to those homeowners, to purchase homes within its jurisdiction that have been foreclosed and are vacant and sell those homes to persons of low or moderate income, and to provide mortgage and credit counseling services to specified existing or prospective homeowners. Requires additional purposes for funding. STATUS: 09/28/2008 Vetoed by GOVERNOR. Commentary: CCCo - Support (Bd Position) CA SB 1132 AUTHOR: Migden [D] TITLE: Medi-Cal: Foster Care Adolescents INTRODUCED: 01/29/2008 LAST AMEND: 04/09/2008 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Specifies that if the State Department of Health Services exercise its option to extend Medi-Cal benefits to independent foster care adolescents, the Department, to the extent that federal financial participation is available, shall not require the independent foster care adolescent to complete any paperwork qualification or provide any other information as a condition to continuing to receive the Medi-Cal benefits to which he or she is already entitled. STATUS: 09/28/2008 Vetoed by GOVERNOR. Commentary: CCCo - Support (Bd Position) CA SB 840 AUTHOR: Kuehl [D] TITLE: Single-Payer Health Care Coverage INTRODUCED: 02/23/2007 LAST AMEND: 08/11/2008 DISPOSITION: Vetoed LOCATION: Vetoed SUMMARY: Establishes the State Healthcare System. Makes all state residents 12/11/2008 3 Attachment C eligible for specified health care benefits under the system, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. Provides an income eligibility factor. Creates the Healthcare Policy Board to establish policy on medical issues and various other matters relating to the system. Provides certain insurance fraud laws to providers under the system. STATUS: 09/30/2008 Vetoed by GOVERNOR. Commentary: CCCo - Support (Bd Position) Legislation Supported bV the County that Failed to Pass the Legislature CA AB 1646 AUTHOR: DeSaulnier [D] TITLE: Transaction and Use Taxes: Counties: Public Health INTRODUCED: 02/23/2007 LAST AMEND: 06/17/2008 DISPOSITION: Failed-Adjourned LOCATION: Senate Revenue and Taxation Committee SUMMARY: Authorizes counties to impose a transaction and use tax for public health purposes if certain conditions are met. Makes legislative findings and declarations regarding local health departments. STATUS: 06/25/2008 In SENATE Committee on REVENUE AND TAXATION: Not heard. Commentary: CCCo - Support (Board Position) CA AB 2235 AUTHOR: DeSaulnier [D] TITLE: Firearms: Owner Authorized Handguns INTRODUCED: 02/20/2008 LAST AMEND: 08/04/2008 DISPOSITION: Failed-Adjourned LOCATION: Senate Appropriations Committee SUMMARY: Relates to unsafe handguns. Provides that following the Attorney General's reporting that owner-authorized handguns are available for retail sale, a handgun would be unsafe if it was not owner-authorized. Provides an exception for the sale, loan, or transfer of handguns manufactured in or imported into this state prior to a specified date. Requires the adoption of regulations pertaining to such handguns. Specifies requirements that such handguns would be required to meet. Prohibits disabling such handguns. STATUS: 08/07/2008 In SENATE Committee on APPROPRIATIONS: Not heard. Commentary: CCCo - Support (Bd Position) CA AB 2872 AUTHOR: Houston [R] TITLE: Local Government Finance 12/11/2008 4 Attachment C .l INTRODUCED: 02/22/2008 LAST AMEND: 04/09/2008 DISPOSITION: Failed-Adjourned LOCATION: Assembly Appropriations Committee SUMMARY: Requires a county auditor to increase the total amount of ad valorem property tax revenue otherwise required to be allocated to that county by a percentage of the county equity, and to reduce the total amount of ad valorem property tax revenue otherwise required to be allocated to the county Educational Revenue Augmentation Fund. States the intent of the Legislature that any resulting decrease in revenue otherwise required to be allocated to educational entities be replaced with General Fund moneys. STATUS: 05/22/2008 In ASSEMBLY Committee on APPROPRIATIONS: Heard, remains in Committee. Commentary: CCCo - Support CA SB 1625 AUTHOR: Corbett [D] TITLE: Recycling: CRV Containers INTRODUCED: 02/22/2008 LAST AMEND: 08/22/2008 DISPOSITION: Failed-Adjourned LOCATION: Assembly Rules Committee SUMMARY: Provides for the renaming of the Beverage Container Recycling and Litter Reduction Act. Revises the terms for plastic bottle and beverage. Establishes certain Department of Conservation reporting requirements. Specifies business hours for certified recycling centers. Relates to the requirement to pay, the calculation of, and rebate of the processing container processing fee. Authorizes grants for recycling market development and expansion-related activities. Relates to plastic bag manufacturer reporting. STATUS: 08/22/2008 In ASSEMBLY. Read third time and amended. To third reading. 08/22/2008 Re-referred to ASSEMBLY Committee on RULES. Commentary: CCCo - Support.(Board Position) Legislation Opposed by the County and Signed by the Governor CA AB 2754 AUTHOR: Bass [D] TITLE: Public Safety Personnel: MRSA Skin Infections INTRODUCED: 02/22/2008 LAST AMEND: 05/23/2008 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER 684 SUMMARY: Relates to safety members, firefighters, county probation offers, 12/11/2008 5 Attachment C members in active law enforcement, blood-borne infections disease, and a service-connected disability retirement. Expands the scope of this provision to include any methicillin-resistant Staphylococcus aureus (MRSA) skin infection. Makes the MRSA presumption applicable for a certain amount of days after termination of services and would make the presumption applicable to any of the above safety members regardless of service under retirement. STATUS: 09/30/2008 Signed by GOVERNOR. 09/30/2008 Chaptered by Secretary of State. Chapter No. 684 Commentary: CCCo - Oppose (Board Position) Legislation Watched by the County CA AB 503 AUTHOR: Swanson [D] TITLE: Public Agencies: Overtime: Notice INTRODUCED: 02/20/2007 LAST AMEND: 06/01/2007 DISPOSITION: Failed-Adjourned LOCATION: Senate Rules Committee SUMMARY: Requires the Research Bureau to conduct a study on issues related to a requirement that state and local agencies provide a specified number of hours' notice to employees who are required to work overtime. Requires the study to address the impact on employers and employees. STATUS: 06/14/2007 To SENATE Committee on RULES. Commentary: CCCo - Watch/Oppose CA AB 1275 AUTHOR: DeSaulnier [D] TITLE: Domestic Violence and Child Abuse INTRODUCED: 02/23/2007 LAST AMEND: 06/20/2007 DISPOSITION: Failed-Adjourned LOCATION: Senate Local Government Committee SUMMARY: Authorizes a county board of supervisors, upon making findings and declarations supporting the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence and child abuse, to authorize an increase in the fees for certified copies of marriage certificates, birth certificates, fetal death records, and death records, for the purpose of funding governmental oversight and coordination of domestic violence and child abuse prevention and to submit a related report. STATUS: 06/20/2007 From SENATE Committee on LOCAL GOVERNMENT with author's amendments. 06/20/2007 In SENATE. Read second time and amended. Re-referred to Committee on LOCAL GOVERNMENT. Commentary: 12/11/2008 6 Attachment C Contra Costa Co - Watch CA AB 1350 AUTHOR: Nunez [D] TITLE' Transportation Bond Funds INTRODUCED: 02/23/2007 LAST AMEND: 06/01/2007 DISPOSITION: Failed-Adjourned LOCATION: Senate Appropriations Committee SUMMARY: Amends the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Requires specified funds to be allocated to transit operators for eligible projects based on various formulas. Requires funds to be allocated by the Office of Emergency Services in consultation with the Office of Homeland Security. Requires an eligible applicant to annually advise the Office of Emergency Services of the applicant's need for funding in the following fiscal year. STATUS: 07/10/2007 From SENATE Committee on TRANSPORTATION AND HOUSING: Do pass to Committee on APPROPRIATIONS. Commentary: Contra Costa Co - Watch CA AB 1452 AUTHOR' Budget Cmt TITLE: Taxation INTRODUCED: 02/23/2007 LAST AMEND: 09/15/2008 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER 763 SUMMARY: Relates to sales and use tax on vehicles, vessels, or aircraft brought into the State, individual and corporate tax deductions for net operating losses and net operating loss carryovers, administration of a tax amnesty program by the Franchise Tax Board, prohibiting the total business credit from reducing the taxes imposed by the Personal Income Tax Law and the Corporation Tax Law below a specified amount, and a fee imposed on every limited liability company by the Personal Income Tax Law. STATUS: 09/30/2008 Signed by GOVERNOR. 09/30/2008 Chaptered by Secretary of State. Chapter No. 763 Commentary: CCCo - Watch (Board Position - as the bill was introduced to deal with Central Valley Flood Protection) CA AB 1777 AUTHOR: Houston [R] TITLE: Subdivision Maps INTRODUCED: 01/15/2008 LAST AMEND: 05/05/2008 DISPOSITION: Failed-Adjourned LOCATION: Senate Local Government Committee 12/11/2008 7 Attachment C SUMMARY: Amends the Subdivision Map Act. Repeals and reenacts provisions for the expiration of tentative maps after specified periods of time, and that specifically extends by 24 months the expiration date of any tentative map or parcel map for which a tentative map has been approved. STATUS: 05/29/2008 To SENATE Committee on LOCAL GOVERNMENT. Commentary: CCCo - Watch CA AB 2913 AUTHOR: Salas [D] TITLE: Sacramento-San Joaquin Delta INTRODUCED: 02/22/2008 LAST AMEND: 04/29/2008 DISPOSITION: Failed-Adjourned LOCATION: Senate Natural Resources and Water Committee SUMMARY: Requires the Secretary of the Resources Agency to develop a Sacramento-San Joaquin Delta strategic plan to achieve a sustainable delta. Requires the water supply uses in the plan to include an adequate and reliable water supply for specified users. Relates to preferences for institutional changes in the plan. Requires a financing plan that provides for equitable distribution of project capital costs among beneficiaries, and for reliable sources of funding to implement the plan. STATUS: 06/24/2008 In SENATE Committee on NATURAL RESOURCES AND WATER: Not heard. Commentary: CCCo - Watch CA AB 3076 AUTHOR: Huffman [D] TITLE: Vehicles: Maddy Emergency Medical Services Fund INTRODUCED: 03/13/2008 LAST AMEND: 08/28/2008 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER 511 SUMMARY: Authorizes a county board of supervisors to levy an additional penalty on fines, penalties, or forfeitures imposed and collected by a court for criminal offenses, and to deposit the collected funds into a Maddy Emergency Medical Services Fund established by such county. Requires a specified amount of revenue from a traffic violator safety school or traffic safety program fees to be deposited into the Fund. STATUS: 09/28/2008 Signed by GOVERNOR. 09/28/2008 Chaptered by Secretary of State. Chapter No. 511 Commentary: CCCo - Watch/Support 12/11/2008 8 Attachment C CA ACA 19 AUTHOR: Villines [R] TITLE: Expenditure Limitations INTRODUCED: 08/06/2008 LAST AMEND: 08/22/2008 DISPOSITION: Failed-Adjourned LOCATION: Assembly Budget Committee SUMMARY: Proposes an amendment to the Constitution to authorize the Governor, following the enactment of the Budget Bill for 2009-10 or subsequent fiscal years, to declare a fiscal emergency if total state expenditures are expected to exceed specified expenditure limitations. Prohibits the Legislature from enacting a bill that does not address that emergency or recessing under certain conditions. Imposes a state expenditure limit. Creates special funds. Relates to local government and school district funding. STATUS: 08/22/2008 From ASSEMBLY Committee on BUDGET with author's amendments. 08/22/2008 In ASSEMBLY. Read second time and amended. Re-referred to Committee on BUDGET. Commentary: CCCo - Watch CA SB 27 AUTHOR: Simitian [D] TITLE: Sacramento-San Joaquin Delta: Emergencies INTRODUCED: 12/04/2006 LAST AMEND: 08/19/2008 DISPOSITION: Enacted LOCATION: Chaptered CHAPTER 608 SUMMARY: Requires the Office of Emergency Services to establish the Sacramento-San Joaquin Delta Multi-Hazard Coordination Task Force which would be required to make recommendations to the Office relating to the creation of an interagency unified command system organized framework, coordinate the development of a draft emergency preparedness and response strategy for the delta region, and develop and coordinate an all-hazard emergency response exercise in the delta. Requires specified reports by the task force. STATUS: 09/30/2008 Signed by GOVERNOR. 09/30/2008 Chaptered by Secretary of State. Chapter 608 Commentary: CCCo - Watch CA SB 1346 AUTHOR: Calderon R [D] TITLE: Fireworks INTRODUCED: 02/20/2008 LAST AMEND: 04/01/2008 DISPOSITION: Failed-Adjourned LOCATION: Assembly Appropriations Committee SUMMARY: Amends existing law which imposes fees and charges upon the 12/11/2008 9 Attachment C management of hazardous waste. Includes on the list of hazardous wastes and facilities that are not subject to the fees and charges, hazardous waste that results from the seizure or destruction of illegal fireworks, and a mobile fireworks treatment unit used to destroy illegal fireworks. Provides an exception to existing law that suspends the commercial license of a person transporting dangerous fireworks. STATUS: 08/07/2008 In ASSEMBLY Committee on APPROPRIATIONS: Heard, remains in Committee. commentary: CCCo - Watch 12/11/2008 10 Attachment C J CONTRA COSTA COUNTY INDIAN GAMING LEGISLATION CA SB 62 AUTHOR: Florez [D] TITLE: Tribal Gaming INTRODUCED: 01/16/2007 DISPOSITION: Failed-Adjourned LOCATION: Assembly Appropriations Committee SUMMARY: Provides that if there are insufficient funds in the Indian Gaming Special Distribution Fund to fully fund payments to eligible recipient tribes from the Indian Gaming Revenue Sharing Trust Fund, money from payments by tribes to the General Fund pursuant to any tribal-state compact shall be transferred to the Trust Fund in an amount equal to the deficiency, in order to supplement the payments to be made from the Indian Gaming Special Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund. STATUS: 08/07/2008 In ASSEMBLY Committee on APPROPRIATIONS: Heard, remains in Committee. Commentary: CC Co Indian Gaming - Watch CA SB 996 AUTHOR: Florez [D] TITLE: Tribal Gaming: Compact Ratification INTRODUCED: 02/23/2007 LAST AMEND: 01/09/2008 DISPOSITION: Failed-Adjourned LOCATION: ASSEMBLY SUMMARY: Requires each tribal-state gaming compact entered into between the State and a federally recognized Indian tribe to be ratified by the Legislature in a separate statute. STATUS: 01/30/2008 In SENATE. Read third'time. Passed SENATE. *****To ASSEMBLY. Commentary: Contra Costa (02) - Watch 12/11/2008 11 Attachment C