Each January, Year-End reports are submitted to the Board of Supervisors on the County’s federal and state legislative programs and activities for the prior calendar year. At the same time, the Board of Supervisors also considers the Federal and State Legislative Platforms for the upcoming year.
Year-End reports for 2012 were prepared by the County's federal advocates, Alcalde & Fay--represented by Mr. Paul Schlesinger, and by the County's state advocates, Nielsen Merksamer--represented by Ms. Cathy Christian and Mr. James Gross. Staff of the CAO's office, Ms. Lara DeLaney, and staff of the Department of Conservation and Development, Mr. John Cunningham, Mr. Steven Goetz, and Mr. John Greitzer, provided input into the development of the Year-End Reports and the Legislative Platforms, along with staff of Public Works and other affected departments. The public provided input into the development of the Platforms at the Legislation Committee meetings.
The Legislation Committee reviewed the Draft 2013 Federal and State Platforms at their meetings in November and December 2012 and recommend that the Board of Supervisors adopt the 2013 Proposed Platforms, as amended. (The Proposed State Platform was amended by staff to reflect updated information regarding the State Budget and to refine a policy proposal regarding Successor Housing Agencies.)
2012 FEDERAL LEGISLATIVE PROGRAM YEAR-END REPORT
Despite an increasingly partisan and immobilized Congress, as well as the continuing restrictions on earmarks, Alcalde & Fay were pleased to report that significant progress was made in 2012 on several federal fronts important to Contra Costa County.
In 2012, we were particularly proud of the fact that even with the prohibition on congressional earmarks, funding cuts in discretionary programs, and changes to the traditional systems by which funds are allocated to projects and municipalities, Alcalde & Fay worked with the County to secure federal funding for three different projects important to the County’s federal agenda. These projects include the San Francisco to Stockton Channel Deepening, for which $800,000 was included in the Army Corps of Engineers’ FY 2012 Work Plan; the CREATES program (the Contra Costa Reentry Agenda to Empower and Ensure Safety), which was awarded $750,000 in grant funding by the Department of Justice; and the Mount Diablo Mercury Mine Cleanup, which is almost certain to be funded out of an Army Corps of Engineers program for which the Senate has included $1 million in its FY 2013 Appropriations bill.
In addition, Alcalde & Fay were pleased to help coordinate the schedule and prepare materials for the trip to Washington, D.C. by the Delta Counties Coalition in March 2012, which will again be undertaken in early February 2013. These trips are critical in establishing relationships with key officials in the Administration and in securing the high level of support from the Congressional Delegation which we have enjoyed on this most vital issue of importance to the County and the state.
Similarly, Alcalde & Fay were pleased to help coordinate the trip to Washington, D.C. in March by County Supervisors and senior staff. This trip was helpful to the County and to those in our Delegation, elsewhere on the Hill, and in federal agencies to whom our County officials articulated County needs and learned of ways in which the federal government might assist in helping to assure that these needs are met. These meetings were instrumental to our successful efforts in earning the DOJ CREATES grant.
Funding for Mt. Diablo Mercury Mine Clean-up
Alcalde & Fay and County staff continued to work this year toward securing federal funding in the amount of $483,000 for clean-up of the Mt. Diablo Mercury Mine. Given the current moratorium on earmarks, we recognized that it would not be possible to secure a line-item appropriation for this important project. However, with the language that we previously worked to include in the Statement of Managers accompanying the 2007 Water Resources Development Act (WRDA), which directed the Army Corps to give priority consideration to the Mt. Diablo project when allocating funds made available for the Remediation of Abandoned Mine Sites program (RAMS), we also recognized that any funding made available by the Appropriations bill for the general RAMS program is almost certain to be provided for our project.
We are pleased that the Senate Energy and Water Appropriations bill, at the County’s request, includes $1 million for the RAMS program. Even if this amount is reduced in Conference Committee, it appears likely that there will be sufficient funds to allow the Corps to provide the $483,000 we have requested for the Mt. Diablo Clean-up. To set the County up for this apparent success, Alcalde & Fay helped develop the legislative strategy, secured meetings with pertinent congressional staff when County officials were in D.C. this spring, accompanied County personnel to the meetings, and then followed up with staff from the County’s congressional delegation and the Appropriations Committees throughout the year.
In addition to these efforts, with the leadership of the authorizing committees in the Senate and House indicating their intention to move legislation early in the new 113th Congress authorizing programs and projects for the Army Corps of Engineers, Alcalde & Fay are working to include a provision in WRDA that would expand the scope of the RAMS program so that funding would be eligible for construction activities, and also increase the allowable federal share to 100% as necessary to provide the County with relief from the possibility of facing liability issues that could arise from its financial involvement with the clean-up.
State Criminal Alien Assistance Program (SCAAP)
SCAAP is designed to provide federal assistance to states and localities that incur costs for incarcerating undocumented aliens who are being held as a result of state and/or local charges or convictions. SCAAP reimbursements to states are calculated by using a formula that provides a relative share of funding to jurisdictions that apply and is based on the number of eligible criminal aliens incarcerated. On May 23, 2012, the Department of Justice (DOJ) opened the FY 2012 SCAAP application period. The announcement included a notification that they had modified the SCAAP reimbursement formula to discontinue reimbursements for inmates classified by Immigration and Customs Enforcement (ICE) as "unknown." Had this been in effect in 2010, the County would have received $325,566 less in SCAAP funding. Alcalde & Fay notified the County of this proposed modification and, upon learning that the County opposed the change, Alcalde & Fay contacted our congressional delegation, including Senator Feinstein who serves on the Authorizing Committee and Appropriations Subcommittee with jurisdiction over SCAAP, requesting that they oppose this change. Alcalde & Fay also had conversations with the California State Association of Counties (CSAC) to help coordinate an effective strategy to beat back the proposal. Alcalde & Fay was pleased to notify the County that on September 11, DOJ announced it would postpone implementation of the new reimbursement formula by one year.
Despite the Administration requesting only $70 million for SCAAP in its proposed FY 2013 budget, the House-passed CJS Appropriations bill would allocate $165 million for SCAAP, and the bill approved by the Senate Appropriations Committee provides $255 million. To maximize the County’s receipts for this program, Alcalde & Fay have worked with members of our delegation, as well as with other Members of Congress, to maximize funding for this program when Congress resolves differences between the Senate and House bills.
Advocacy related to the Sacramento-San Joaquin Delta
Alcalde & Fay were pleased to work with County officials and staff in advocating with the federal government to achieve (and help develop) the County’s objectives with regard to the Delta. Their efforts on the County’s behalf have been in conjunction with other federal advocates working on behalf of their clients--other members of the Delta Counties Coalition (DCC). Moreover, they have assisted the County in playing a lead role within the DCC on developing and implementing Delta strategies as they relate to the Army Corps of Engineers.
During DCC trips to Washington, Alcalde & Fay secured meetings with senior Corps officials, in addition to coordinating scheduling for the DCC and arranging for a majority of the meetings that were scheduled with Congress and the Executive Branch. They have been the lead among DCC advocates with regard to work not just with the Corps but with the House Committee on Transportation and Infrastructure, the Senate Committee on Environment and Public Works, the Senate and House Appropriations Committees, Senators Boxer and Feinstein, Congressmen Miller, McNerney, and Garamendi, and the Office of Management and Budget.
With Congress expected to advance a WRDA bill in the first session of the 113th Congress, authorizing programs and projects for the Army Corps, Alcalde & Fay would anticipate once again being tasked with securing a provision to authorize a substantial Corps investment in improving water infrastructure throughout the Delta. The groundwork for such a provision has certainly been set both with our congressional delegation and with the pertinent congressional committees.
Federal Grant Funding for County Projects
Over the past few years, Alcalde & Fay has worked with the County on several of its grant applications and shared some success in these efforts. Included among these applications were several of a large-scale, including those seeking funding from the Department of Transportation’s TCSP, TIGER III and TIGER IV initiatives.
Alcalde & Fay also worked actively with the County on several grant applications submitted to the Department of Justice (DOJ). Most recently, they assisted the County on an application for funding from the DOJ Adult Offender Re-entry Demonstration Program for the County’s CREATES (Contra Costa Reentry Agenda to Empower and Ensure Safety) project. During this process, Alcalde & Fay provided the County with a detailed evaluation and peer review of the application, designed to improve the submission and make it more competitive. They also worked to coordinate support for the project from the County’s congressional delegation, securing letters from several Members that were submitted to DOJ in support of the application. Alcalde & Fay was pleased that the County was awarded a $750,000 grant for its Adult Offender Re-entry Demonstration Program. Such positive outcome reflects not only the strong project offered by the County, but the collaborative efforts of those of us on the grant writing and review team to draft a strong and credible application that received high scores from the DOJ.
Funding for Water Projects
Alcalde & Fay were pleased to assist with the efforts to secure funding for several water projects, including:
- As previously noted, $800,000 was included in the FY 2012 Army Corps of Engineers' work plan for the Sacramento to Stockton (JF Baldwin) Ship Channel project
- Senate FY ’13 Appropriations bill includes $2.5 million for San Pablo Bay and Mare Island Strait. The House includes $2.413 million.
- Senate FY ’13 Appropriations bill includes $2.5 million for Suisun Bay Channel dredging. The House includes $2.413 million.
In the post Hurricane Katrina environment, the Army Corps of Engineers revised its policy on levee maintenance and initiated a more vigorous enforcement regimen, insisting that vegetation be removed from levees to prevent their structural weakening and also to facilitate their inspection. Levees that are deemed to be in noncompliance would no longer be eligible for federal disaster assistance.
Working in conjunction with other interests around the State and nation, the County was part of a coalition that persuaded the Corps to provide for an exemption process that would allow levees to be excluded from this regimen. Most concerned entities believe that the relief the Corps has offered is insufficient, requiring an effort that would be very costly to undertake in terms of both time and money, and might require a level of sophistication that could be beyond the reach of some municipalities.
This is a matter that we will continue to monitor and work on in the coming year.
PROPOSED 2013 FEDERAL LEGISLATIVE PLATFORM
Each fall, the County Administrator’s Office initiates the development of the coming year’s State and Federal Legislative platforms by inviting members of the Board of Supervisors, Department Heads and key staff, and our federal advocate to provide recommended changes or additions to the current Platforms. On October 9, 2012, departments were invited to provide suggested changes to the Platforms by submitting input in writing. CAO staff incorporated all requested amendments to the Federal Platform in a draft document, “Draft 2013 Federal Legislative Platform.” The Legislation Committee reviewed the draft document at its December 3, 2012 meeting and recommends its adoption to the Board of Supervisors. (Attachment A, the Proposed 2013 Federal Legislative Platform.)
The Proposed 2013 Federal Legislative Platform includes 12 funding needs identified for FFY 2014; 4 requests for the reauthorization of the federal transportation act; and 6 requests for the reauthorization of the Water Resources Development Act.
FEDERAL RELATED FUNDING NEEDS
Due to the ban on federal earmarks that was implemented for FFY 2011, appropriations for specific projects will likely not be included in budget bills for FFY 2013 or 2014. However, there is dissatisfaction among some congressional members with the ban. Therefore, while it is unlikely that appropriations requests will be considered in budget bills for FFY 2014, the year for which the County identifies its federal funding needs, the County should nevertheless express its federal funding needs to its congressional delegation.
In addition, because the federal transportation bill enacted as a replacement to SAFETEA-LU was only a two-year bill, Congress could start work in 2013 on a longer-term reauthorization bill that could include earmarks—and the County should be prepared for that. Therefore, our federal advocate, Alcalde & Fay, recommends that we identify specific projects, whether transportation or other, that tells our delegation what our federal needs are, helps us identify specific federal programs for which we need to seek program increases or, at least, protect against cuts, and helps the County look for federal grants to address the specified needs.
Changes from the 2012 Federal Platform:
- Rename the section from “Federal Appropriations Requests” to “Federal Related Funding Needs” in recognition of the ban on earmarks.
- Minor text changes to various projects, updating funding needs and project descriptions.
- Removal of project #13: Grayson & Murderer’s Creeks. A federal study has determined that there is not federal interest in continuing the project due to an insufficient benefit-cost ratio. A locally-focused, sub-regional project will be pursued with the City of Pleasant Hill.
REAUTHORIZATION OF FEDERAL TRANSPORTATION ACT
After months of delay and uncertainty surrounding the prospects for a new long-term transportation reauthorization bill, the House and Senate came to an agreement this past year on a two-year highway and transit package (HR 4348). The bill, called the Moving Ahead for Progress in the 21st Century Act (MAP-21), authorizes federal transportation investment through September 30, 2014.
All told, the new transportation bill is expected to cost roughly $120 billion. Highway and transit formula programs will continue to be funded with contract authority, meaning the programs are insulated from the uncertainty of the annual appropriations cycle. Transit new starts, research programs, and administrative expenses will continue to be funded through the federal general fund via the appropriations process. Under MAP-21, about 60 programs are either eliminated or consolidated into the following four “core” programs: the National Highway Performance Program; STP; CMAQ; and, HSIP.
Because MAP-21 will expire at the end of FFY 2014, it is possible that Congress will take up the development of a new bill or consider the extension or reauthorization of MAP-21 in 2013. Therefore, staff recommends that the County continues to advocate for its federal transportation project and program needs as identified.
Changes from the 2012 Federal Platform:
REAUTHORIZATION OF WATER RESOURCES DEVELOPMENT ACT (WRDA)
Changes from the 2012 Federal Platform:
- Minor text changes to project #2 Mt. Diablo Mercury Mine.
- Addition of a new project request: #6: Walnut Creek, Select Deauthorization- The Contra Costa County Flood Control and Water Conservation District is seeking to deauthorize the downstream portion of the Army Corps’ Walnut Creek project. The Flood Control District has been working with the Corps since 2002 on a Feasibility Study to re-evaluate and modify the lower portion of the Walnut Creek channel. Deauthorization of a select portion of the Corps’ Walnut Creek project would allow the Flood Control District to move forward with a more cost effective modification project than through the Corps process to modify this same portion of the channel. (p. 7)
APPROPRIATIONS AND GRANTS SUPPORT POSITIONS
Changes from the 2012 Federal Platform:
2013 FEDERAL PLATFORM POLICY POSITIONS
Changes for the 2013 Federal Platform:
- Text change to Community Development Block Grant and HOME Programs policy: “The County’s ability to continue funding to a variety of nonprofit agencies that provide critical safety net services to lower income residents, including financing the development of affordable housing, is threatened by further cuts as part of the Budget Control Act (Act) passed by Congress in July 2011. The Act established mandatory spending caps on most federal programs through 2021, and arranged additional across-the-board annual spending cuts to federal defense and non-defense discretionary (NDD) programs over this same period. Included in non-defense discretionary programs are critical local government oriented programs including the CDBG and HOME programs. These programs are successful and productive, leveraging significant funding from non-federal sources to help spur economic development. The County agrees that reducing the federal deficit is an important component of achieving long-term national economic stability, but targeting solely NDD programs like the CDBG and HOME programs will not achieve significant reductions and will hinder the County’s ability to provide critical services to its most vulnerable populations. The County will continue to oppose any further reductions in the CDBG and HOME programs as part of the Budget Control Act or any other means.” (p. 12)
- Add policy: "Levee Restoration and Repair– The County will support legislation such as H.R. 6484, the SAFE Levee Act (Garamendi, CA 10th), which will authorize the U.S. Department of the Interior to invest in Delta levee repairs, for all levees that are publicly owned or publicly maintained. The bill also requires a cost-benefit analysis for the tunnel project being planned as part of the Bay-Delta Conservation Plan." (p. 15)
- Text change to San Luis Drain policy to add: “A federal court ruling found that Reclamation does not have to build the Drain, but simply has to provide some way of dealing with the contaminated agricultural runoff water. However, that ruling is under challenge in the 9th Circuit Court of Appeals by water interests who want the Drain built.” (p. 17)
- Add policy: "State Criminal Alien Assistance Program (SCAAP) (p. 17) – On May 23rd, the Department of Justice (DOJ) announced a change in the State Criminal Alien Assistance Program (SCAAP) that will prohibit SCAAP funds from being used to reimburse localities for foreign-born criminal aliens housed in jails that have been classified as “unknown inmates” by the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) agency. This is a significant change to the SCAAP reimbursement formula and will heavily impact counties across the nation.
The County will support the rescinding of this decision and a reinstatement of the previous reimbursement practice, which would more equitably reimburse jurisdictions for the costs of housing undocumented individuals, including those inmates whose status may be unknown to the Department of Homeland Security.
SCAAP provides much needed partial reimbursement assistance to states and localities for the costs associated with the detention and incarceration of undocumented criminal aliens convicted of state and local offenses who have been incarcerated for at least four consecutive days. Although it is the federal government's responsibility to protect and secure the nation's borders, counties incur millions of dollars in un-reimbursed expenses each year as a result of housing undocumented immigrants that violate state or local laws. Additionally, counties are often times responsible for processing and prosecuting illegal aliens, and, in many cases, must provide medical care and other services to these individuals.
As a result, a disproportionate share of the criminal justice-related costs associated with illegal immigration impacts county governments, and SCAAP related costs to local jurisdictions continue to rise. In past years, DOJ's Bureau of Justice Assistance (BJA) has provided reimbursement credit to states and localities that have incurred costs for detaining individuals whom they believe to be undocumented criminals; in doing so, the agency has acknowledged the fact that undocumented individuals constitute a high percentage of foreign-born inmates of unknown immigration status because these individuals-who have never before been apprehended and screened by federal immigration agents-will not be in any federal immigration database.
By proceeding with the modified payment methodology, BJA would be unilaterally eliminating reimbursement for a significant portion of undocumented inmates in local jail systems, and future SCAAP awards to many local governments would likely be reduced by more than 50 percent nationwide. This added burden will put additional strains on already tight county budgets."
2012 STATE LEGISLATIVE PROGRAM YEAR-END REPORT
2012-13 STATE BUDGET SUMMARY
When Governor Brown released his proposed 2012-13 budget in January 2012, the Department of Finance projected a General Fund shortfall of approximately $9.2 billion. By May, the revised budget reflected a deficit increase of $6.5 billion over the January projections for a total of $15.7 billion. The increased budget deficit was attributed to lower than anticipated tax revenues, increased costs to fund K-12 education, as well as court rulings and federal government determinations that prevented implementation of previous budget reductions.
Governor Brown signed the 2012-13 Budget Act on June 27, 2012, three days before the fiscal year began on July 1. To close the $15.7 billion budget deficit and adopt a nearly $1 billion reserve, the enacted budget relied on spending reductions, tax increases and other solutions which included the passage of the Governor’s proposed tax initiative. That proposed measure combined the so-called Millionaire’s Tax with the Governor’s original tax proposal, the Schools and Local Public Safety Protection Act (Proposition 30 on the November, 2012 General Election Ballot). It included a temporary quarter cent increase in the state sales tax for four years and increases the personal income tax for seven years on taxpayers earning more than $250,000. The Administration estimated that the measure will generate approximately $8.5 billion in new revenues in 2012-13, with $2.9 billion in funding for schools and community colleges and a net increase of $5.6 billion in General Fund revenues.
If voters had rejected the Governor’s initiative, there would have been $6.1 billion in “trigger” cuts going into effect on January 1, 2013. The trigger cuts would have primarily impacted education, both K-12 and higher education, including $50 million in reductions to developmental services. The budget did not specify how the remaining $2.4 billion would be absorbed.
PENSION REFORM
In the last hours of the 2012 Session, the Legislature approved AB 340 (Furutani-D), the Public Employee Pension Reform Act of 2013 (PEPRA). Signed by the Governor, PEPRA applies to all public employers and public pension plans on and after January 1, 2013. Excluded from the PEPRA requirements are the University of California and stand-alone, independent retirement plans offered by charter cities and counties that do not participate in the California Public Employees' Retirement System (CalPERS) or one of the 1937 Act County Retirement Systems. Any plans approved by voters prior to the implementation of the PEPRA are not impacted. The PEPRA, among other provisions, caps pensionable salaries, establishes equal sharing of pension costs, rolls back retirement ages and formulas, eliminates most double dipping, and eliminates pension “spiking.”
The Governor also signed AB 197 (Buchanan-D) which provides some technical clean-up to AB 340, clarifying provisions on member cost sharing and what constitutes compensation earnable income in calculating pension benefits.
The two bills represent a significant change in pension law for both newly-hired state and local employees covered by PERS, as well as newly-hired employees of 1937 Act counties with separate retirement systems.
The County’s sponsored pension reform proposal to implement recently negotiated collective bargaining agreements (SB 1494 – DeSaulnier-D) was held on the Senate floor and was superseded by these statewide pension reform bills.
REDEVELOPMENT
Budget Trailer Bill AB 1484, signed into law by the Governor on June 27, 2012, modifies certain provisions within ABX1 26 (Ch. 5, 2011), which dissolved the redevelopment agencies. AB 1484 addresses policies relating to the transfer of housing responsibilities associated with dissolved redevelopment agencies (RDAs) and redefines the term “housing asset.” AB 1484 is very controversial as it gives the Department of Finance the ability to require withholding of successor agency’s property and sales tax when there is a dispute over any particular claim.
On September 24, 2012, the League of California Cities filed a lawsuit in the Sacramento County Superior Court challenging AB 1484. The lawsuit contends that AB 1484 contains a property and sales tax “claw-back” and that other provisions violate the California State Constitution, including both Proposition 1A (2004) and Proposition 22 (2010).
The Legislature sent to the Governor several measures proposing alternatives to redevelopment financing mechanisms for a variety of community development activities. The Governor vetoed four, stating that they were premature since the winding down of redevelopment was not yet complete. AB 345 (Torres-D) reformed, beginning January 1, 2018, how redevelopment agencies spend their funds for low-income housing; AB 2144 (Perez, J.-D) allowed cities and counties to create Infrastructure Financing District (IFDs); SB 214 (Wolk-D) removed the voter approval requirement for a city or county to create an IFD, to issue bonds, and to set the appropriation limit; and SB 1156 (Steinberg-D) created the “Sustainable Community Investment Authorities,” allowing cities and counties to finance specified activities within a sustainable communities investment area. The Governor did, however, sign AB 1585 (Perez, J.-D) which allows the Department of Housing and Community Development to award $50 million in infill and transit-oriented development programs.
STATE RESPONSIBILITY AREA FEES
The “fire tax” (Budget Trailer bill ABX1 29), signed into law in 2011, imposed a tax on all habitable properties located within a State Responsibility Area (SRA). The tax is $150 for most properties. However, if a property owner already pays other taxes or assessments, then the tax is reduced to $115. Although there were several attempts to repeal the tax – a referendum sponsored by Senator Ted Gaines (R); AB 1506 (Assembly Member Kevin Jeffries-R) to repeal the SRA fee; and AB 2474 (Assembly Member Wes Chesbro-D) establishing an equitable implementation rate schedule – none was successful.
Under the authorizing emergency regulation approved by the Board of Forestry and Fire Prevention (Board), the Board of Equalization (BOE) has begun sending out bills for the new fire fee. The fee bills have generated numerous complaints as many residents already pay local taxes for fire services and see the fee as an unreasonable tax. The Howard Jarvis Taxpayers Association just filed a lawsuit in Superior Court in Sacramento challenging the validity of the SRA fee. The class action complaint was filed against the Board and the BOE challenging the constitutionality of the fee on the grounds it is a tax that required a two-thirds vote in the Legislature but was approved only by a simple majority. Meanwhile, the Board is in the process of making permanent the emergency regulation that will continue the implementation of the SRA Fee program and scheduled a public hearing December 5, 2012.
REALIGNMENT
The 2011 Public Safety Realignment Plan to move low-level offenders from state prisons to county facilities to comply with the US Supreme Court’s order to reduce prison overcrowding has been in effect for one year. The California Department of Corrections and Rehabilitation (CDCR) have proclaimed that “realignment is good policy and it’s working.” The success for counties, however, is varied, as is the approach each county is taking to implement realignment. Counties are using recently distributed grant funds to handle the transition and are working on developing the policies and procedures to implement public safety realignment at the local level. Whether legislative tweaks will be necessary will clearly depend on the success of this effort.
At its inception, funding for realignment was dependent on an annual legislative budget authorization. The necessary 2/3 vote from the Legislature to provide constitutional protection for realignment funding was not possible, especially given that there was opposition to public safety realignment from many in the Republican caucus. Guaranteed funding for realignment was contained in the Governor’s proposal, Proposition 30, which also contained the Governor’s proposed temporary tax increase. The CSAC-proposed constitutional amendment to guarantee realignment funding (for which Nielsen Merksamer served as counsel to CSAC) was dropped at the beginning of 2012 at the request of the Governor, who did not want competing measures, particularly given considerable fundraising challenges. If Proposition 30 had not been approved by the voters in the November 2012 election, realignment funding would have continued to be dependent on the annual state budget process.
CAP AND TRADE
AB 1532 (Perez) authorizes funds generated by the auction of "cap and trade" credits to be spent on projects promoting clean energy, low-carbon transportation, natural resource protection, and for research, development and deployment of innovative technologies to promote cleaner air. The legislation requires the Air Resources Board to develop an expenditure plan for the revenues. Staff is working with and monitoring the coalition engaged in the development of the plan. Members include the California Association of Counties, League of Cities, Transportation California and the California Alliance for Jobs.
LEGISLATIVE ADVOCACY
Throughout the entire legislative session, Nielsen Merksamer were actively engaged in representing the County’s legislative positions and participated extensively in the budget process to ensure an appropriate response to statewide issues affecting county government.
In addition to reviewing all of the measures the lawmakers introduced, Nielsen Merksamer and County staff actively monitored 53 bills to ensure they were not amended to negatively impact the County. We also followed 57 bills pertaining to the Delta and water. We remain extremely active in responding to bills affecting the Delta in conjunction with the Delta Counties Coalition.
2011 CARRY-OVER LEGISLATION
Ten measures from the 2011 legislative session on which the Contra Costa County Board of Supervisors took positions were carried over to the 2012 session. Of the four signed by the Governor, the County supported three and opposed one. Two were vetoed by the Governor; one the County supported and one it opposed. Four measures the County supported failed to reach the Governor.
Signed by Governor
- AB 296 (Skinner-D) Department of Transportation – Paving Materials (Support)
This measure requires the State Environmental Protection Agency to develop a definition for the term Urban Heat Island Effect (UHIE), and upon completion of an UHIE index, to develop a standard specification for sustainable or cool pavements. The bill also requires the State Building Standards Commission to consider incorporating a standard specification for sustainable cool pavement that this bill would require the Department of Transportation to develop in the Cool Pavements Handbook as additional strategies for heat island effect.
- AB 792 (Bonilla-D) Health Care Coverage – Health Benefit Exchange (Support)
This measure requires a court, upon the filing of a petition for dissolution of marriage, nullity of marriage, or legal separation to provide a specified notice informing the petitioner and respondent they may be eligible for coverage through the Health Care Exchange or Medi-Cal. The bill also requires health care service plans and insurers to provide the same notice to individuals who have ceased to be enrolled in individual or group coverage and requires the same notification to an adoption petitioner.
- AB 845 (Ma-D) Solid Waste – Place of Origin (Oppose)
This measure prohibits an ordinance enacted by a city or county from otherwise restricting or limiting the importation of solid waste into a privately owned solid waste facility in that city or county based on place of origin. The bill provides this prohibition does not require such facility to accept certain waste or to abrogate certain agreements, and does not prohibit a city, county or regional agency from requiring the facility to guarantee permitted capacity to a host jurisdiction, or supersede or affect land use authority.
- AB 890 (Olsen-R) Environment – CEQA Exemption – Roadway Improvement (Support)
This measure exempts from provisions of the California Environmental Quality Act concerning environmental impact reports, a project or activity to repair, maintain, or make minor alterations to an existing roadway if the project or activity is carried by a city or county to improve public safety meeting specified requirements. The bill requires a local agency that approves and determines to carry out the project to file a specified notice with the Office of Planning and Research and with the county clerk of the project county.
Vetoed by Governor
- SB 214 (Wolk-D) Infrastructure Financing Districts – Repeal Approval (Support)
This measure would have recast the provisions governing infrastructure financing districts. The bill would have eliminated the requirement of voter approval for creation of the district and bond issuance and authorized the legislative body to create the district. In addition, the bill would have authorized a newly created public financing authority to adopt the infrastructure financing plan and issue bonds by resolution and authorized adoption of joint powers agreements with affected taxing entities.
- SB 744 (Wyland-R) Water Submeters – Testing (Oppose)
This measure would have provided that any water submeter tested by equipment that is calibrated by tests traceable to specified standards shall be deemed to be sealed and approved for commercial use, if the submeter satisfies certain criteria. The bill would also have provided that no submeter shall be considered to have been put into service prior to its installation if the submeter is to be used in a multiunit residential structure. The bill would have required notification to the county sealer that a meter is placed in service and authorized testing by the county sealer.
Failed Passage
- AB 931 (Dickinson-D) Environment – CEQA Exemption (Support)
The bill attempted to amend CEQA by exempting infill housing projects from meeting a community level environmental review. The scope of the bill exempted residential units, including projects that may be used for neighborhood-serving goods, services, or retail uses to a level that does not exceed a specified percentage of the building square footage and instead authorized the use of a sustainable communities environmental assessment or modified environmental impact report for a transit proximity or employment priority project.
- AB 1095 (Buchanan-D) Sacramento-San Joaquin Delta Reform Act – Actions (Support As Amended)
This measure would have revised the definition of covered actions under the Sacramento-San Joaquin Delta Reform Act of 2009 and the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992 to exclude a project or portion thereof with the Delta's secondary zone that complies with a local general plan, and revised such definition under the State Environmental Quality Act regarding any existing drinking water, stormwater, or wastewater, treatment, and a flood control project within the Delta's secondary zone.
- SB 301 (DeSaulnier-D) Managed Care Plan Tax – Healthy Families Program (Support As Amended)
This bill proposed to extend the tax on the total operating revenue of Medi-Cal managed care plans under the Medi-Cal program. The bill would also have extended the signature requirements for returns that report such tax and repealed the provisions of existing law that requires the transfer of Healthy Families Program enrollees into the Medi-Cal program.
- SB 703 (Hernandez, E. –D) Health Care Coverage – Basic Health Program (Support)
This bill would have established a Basic Health Program to be administered by the State Department of Health Care Services and required entering into a contract with the federal government to implement the program. The bill specified the duties relative to the eligibility, premiums, and the selection of health plans.
REVIEW OF 2012 LEGISLATION
The Contra Costa County Board of Supervisors sponsored one measure and took positions on 24 bills in 2012. The County supported 13 bills, supported one in concept, and supported one Resolution. Of these measures, six were signed by the Governor, one was vetoed by the Governor, five failed passage. The measure which was supported in concept failed passage, and the resolution was adopted. The County opposed seven bills, of which one was signed by the Governor, one was vetoed by the Governor, and five failed to pass the Legislature. The County also took a "watch" position on two bills, one was signed by the Governor and one failed passage. In addition, there was one bill the County monitored but determined to stay neutral as a result of actions taken in 2011.
Sponsored Legislation – Held on Senate Floor
- SB 1494 (DeSaulnier-D) County Employees’ Retirement – Contra Costa County (Sponsor)
This bill would have authorized the Contra Costa County Board of Supervisors to negotiate with specified recognized employee organizations representing general members to subject general members to a specified age formula, known as Tier Four, and safety members who are hired on or after a specified date, to a specified age formula. Due to the passage of statewide pension reform legislation, this bill, which was approved by both the Senate and Assembly, was held on the Senate floor on concurrence.
Signed by Governor
- AB 1436 (Feuer-D) Voter Registration (Oppose)
This bill establishes the conditional voter registration for registrants whose information cannot be verified and authorizes a unique identification number. The bill also increases the maximum fine for election-related crimes for which no fine is prescribed. Under this measure, county elections officials are required to offer election day conditional voter registration and provisional voting at their permanent offices and satellite offices. Duplicate registrations must be cancelled and voter fraud penalties are specified.
- AB 1540 (Buchanan-D) Sacramento-San Joaquin Delta – Invasive Weeds (Support)
This bill designates the Department of Boating and Waterways as the lead agency in cooperating with other agencies in controlling South American spongeplant (Limnobium laevigatum) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh.
- AB 1640 (Mitchell-D) CalWORKs Benefits – Pregnant Mothers (Support)
This measure amends existing law regarding the Temporary Assistance for Needy Families block grant and the state Work Opportunity and Responsibility programs. At any time the Cal-Learn Program is operative, regardless of eligibility for the program, CalWORKs aid must be paid to a pregnant mother who is 18 years of age or younger after verification of pregnancy. Aid is required to be paid in the month in which the birth is anticipated and the 3 months immediately prior to that month.
- AB 1656 (Fong-D) San Francisco Bay Restoration Authority (Support)
For the purpose of appointing an elected official to the San Francisco Bay Restoration Authority, this bill revises the definition of the East Bay to provide that it consists of the whole Contra Costa County, as well as a specified portion of Alameda County. The bill also authorizes raising funds and awarding grants to public and private entities for eligible projects, including projects, that, among other things, restore, protect, or enhance tidal wetlands, managed ponds, or natural habitat on the San Francisco Bay shoreline. The Delta Primary Zone is excluded from the bill.
- AB 1712 (Beall-D) Minors and Nonminor Dependents – Out-of-Home Placement (Support As Amended)
This bill includes THP-Plus Foster Care within the definition of a community care facility and makes non-minor dependents eligible for the court-appointed special advocate program. Also makes certain other changes to foster care funding, including providing for certain exemptions from liability for foster care payments.
- AB 1916 (Buchanan-D) Sate Parks – Operating Agreements – Mount Diablo Park (Support)
This measure authorizes the Department of Parks and Recreation to enter into a restoration agreement with Save Mount Diablo, a nonprofit organization, for the purpose of restoring the beacon on top of the Summit Building in Mount Diablo State Park.
- SB 1003 (Yee-D) Open Meetings – Cease and Desist Letters (Active Watch)
This measure amends the Ralph M. Brown Act regarding open meetings and prohibits a district attorney or an interested person from filing an action for an alleged violation of the Act for past actions of a legislative body, unless certain conditions are met. Those conditions include the submission of a cease and desist letter to the accused body and a refusal by the legislative body to issue an unconditional commitment to cease and desist after receiving the letter. The bill specifies the contents of the cease and desist commitment contents.
- SB 1387 (Emmerson-R) Metal Theft (Support)
This bill prohibits any junk dealer or recycler from possessing a fire hydrant or fire department connection, including bronze or brass fittings or parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, that was owned by a public entity or private utility, without a written certification on the letterhead of the entity that owns or previously owned the material and that the entity has sold such material. The bill also provides for a criminal fine for violations.
Adopted Resolution
- SJR 15 (DeSaulnier-D) Harbor Maintenance Tax – Trust Fund Surplus (Support)
This Resolution urges the President and Congress to significantly increase federal funding from the Harbor Maintenance Trust Fund surplus for navigational improvements and continued operational and maintenance dredging in those federal channels that serve California's ports, and to recognize the role of the state's ports in contributing to the greatest share of the Harbor Maintenance Tax revenues.
Vetoed By Governor
- AB 2451 (Perez, J. – D) Workers’ Compensation – Firefighters (Oppose)
This bill would have extended the existing 240 week statute of limitations to 480 weeks for proceedings related to the collection of death benefits of firefighters and peace officers for cancer, tuberculosis, and blood-borne infectious diseases.
- SB 1156 (Steinberg – D) Sustainable Communities Investment Authority (Support)
This bill would have authorized certain public bodies of a Sustainable Communities Investment Area to form an authority to carry out the Community Redevelopment Law. In order to participate, the bill would have required the authority to adopt Sustainable Communities Investment Plan for the area and to include in the plan a provision for the receipt of tax increment funds provided certain economic development and planning requirements are met. Existing prevailing wage requirements would have applied to the plan area projects.
Failed Passage
- AB 1592 (Olsen-R) Veterans – Benefits – Fee Waiver (Support)
This bill would have authorized the governing board of a county or city to grant financial assistance, relief and support to disabled veterans by waiving service-related fees charged by the county or city.
- AB 1691 (Lowenthal, B. – D) CalWORKs – Welfare-to-Work Activities (Support)
This bill would have included as a core welfare-to-work activity English as a second language education.
- AB 1709 (Mitchell-D) Juveniles – Jury Trial (Oppose)
This bill would have required that a youth who is 16 years of age or older at the time of the commission of an offense that could be used as a future felony conviction under the Three Strikes law be entitled to a jury trial in the juvenile court.
- AB 1813 (Buchanan-D) Sacramento-San Joaquin Delta Reform Act of 2009 (Support in Concept)
This bill would have required that a system of Sacramento-San Joaquin Delta watershed diversion data collection be established and would have required the Department of Water Resources to determine the Net Delta Outflow Index. The bill would have further required that the new flow criteria be used to ensure there is no degradation in water quality in Delta channels and to replicate certain conditions with regard to fish populations.
- AB 1827 (Bonilla-D) Infrastructure Financing Districts (Support)
This bill would have authorized a military base reuse authority to form an infrastructure financing district for purposes of financing public facilities and issuing bonds.
- AB 1831 (Dickinson-D) Local Government - Hiring Practices (Watch)
Prohibits a local agency from inquiring into or considering the criminal history of an applicant or including any inquiry about such history on any initial employment application. Authorizes an agency to inquire into or consider an applicant's criminal history after the applicant's qualifications have been screened it has been determined the applicant meets the employment requirements. Provides these provisions do not apply to a position requiring such history check or a criminal justice agency position.
- AB 1884 (Buchanan-D) Sacramento-San Joaquin Delta Reform Act – Covered Action (Support)
This bill would have clarified the authority of the Delta Stewardship Council by excluding from the definition of “covered action” specified plans, programs, projects, or activities within the secondary zone that have received environmental certification under the California Environmental Quality Act or otherwise have invested rights as of the effective date of the Sacramento-San Joaquin Delta plan, or both.
- AB 1901 (Jones-R) Counties – Construction Projects – Design-Build (Support)
This measure would have authorized counties to use alternative procedures known as design-build for bidding on construction projects in the county by revising the dollar limitation on this authorization so that it applies to projects in excess of $1 million instead of the existing limitation to projects in excess of $2.5 million.
- AB 2002 (Cedillo-D) Medi-Cal- Managed Care – Safety Net Provider (Oppose)
For purposes of assigning an eligible Medi-Cal beneficiary to a managed care plan when the beneficiary fails to select a plan, this bill would have provided that the term safety net provider included additional clinics and medical care providers.
- AB 2096 (Perez, V.-D) Public Health Care – Medi-Cal – District Hospitals (Oppose)
This bill would have distributed additional funds from the Safety Net Care Pool (SNCP) to non-designated public hospitals in an amount proportionate to the uncompensated care provided, thereby shifting funds from public hospitals such as the Contra Costa Regional Medical Center and Health Centers, that serve extraordinarily large numbers of low-income and uninsured patients.
- AB 2304 (Garrick-R) Pets – Cosmetic Teeth Cleaning (Oppose)
The bill would have excluded the use of non-motorized instruments for cosmetic purposes to remove calculus, soft deposits, plaque, or stains from a household pet’s teeth from the definition of a veterinary dental operation if the person performing the service first obtains written permission.
- SB 1363 (Yee-D) Juveniles – Solitary Confinement (Oppose)
This bill would have provided that a minor or ward who is detained in, or sentenced to, any juvenile facility, or other secure state or local facility, shall not be subject to solitary confinement unless the minor or ward poses an immediate and substantial risk or harm to others or to the security of the facility and all other less-restrictive options have been exhausted.
Neutral/Failed Passage
- AB 904 (Skinner-D) Local Government – Parking – Requirements (Neutral)
Prohibits a city or county from requiring a minimum number of off-street parking spaces in transit-intensive areas.
The County remained neutral on AB 904 as its concern was resolved in AB 710 (Skinner-D) in 2011. The County took an oppose unless amended position when Assemblymember Skinner first introduced AB 710, which dealt with parking standards around Transit-Oriented Developments (TODs). We worked with Assemblymember Skinner to address the County’s concerns that applying a uniform parking cap on all areas specified in the legislation did not address unique characteristics and diverse needs of TODs. The bill was amended to allow cities and counties to require higher minimum parking standards if a parking utilization study had been completed with the last 24 months, as specified. With these new conditions for parking requirements in transit intensive areas, the County moved to a neutral position. When AB 710 failed to move in 2011, Assemblymember Skinner amended the same language into AB 904, but the bill was never approved by Senate Governance and Finance Committee.
PROPOSED 2013 STATE LEGISLATIVE PLATFORM
Each fall, the County Administrator’s Office initiates the development of the coming year’s State and Federal Legislative platforms by inviting members of the Board of Supervisors, Department Heads and key staff to provide recommended changes or additions to the current Platforms. On October 9, 2012, staff met with our State lobbyist and/or provided suggested changes to the Platforms by submitting input in writing. Staff also participated in the Urban Counties Caucus “Key Staff” meeting on the development of UCC Priorities and Policies for 2013, which informed the County’s Draft 2013 State Platform.
The Legislation Committee reviewed the draft 2013 State Legislative Platforms at their November and December 2012 meetings and recommends adoption of the Proposed Platform to the Board of Supervisors. (Attachment B, Proposed 2013 State Legislative Platform)
Subsequent to these meetings, department staff contacted the CAO's office regarding legislative support for the following issue areas. While is it not recommended that the County sponsor (or support, as the case may be) specific legislation related to these issues at this time, the County will be seeking coalition support and possibly CSAC sponsorship of bills that could resolve these statewide problems:
- Legislation for Stormwater and Urban Runoff To Fund Flood Protection and Water Quality Services: The ultimate objective for proposed stormwater legislation is to provide an exemption for funding stormwater services similar to the way Sanitary District and Water Districts are able to currently fund their infrastructure services. When Proposition 218 was written, an exemption was included for water, refuse collection and wastewater services. Gas and electric services were also exempted. Currently when cities or counties propose a funding measure, they often choose a mail-in ballot with a 50% majority vote threshold approval. This is due to public support often being less than 2/3 for these types of services. It is hard for agencies providing water quality and flood protection stormwater services to have the same level of public support as transportation, fire or police which tend to be in the public conscious on almost a daily basis. If the voting threshold for a parcel tax was reduced to a 50% majority vote, that would be a positive step for passing stormwaterwater quality and flood protection funding measures.
- Successor Housing Agency Funding Gap for Administrative Costs: The Redevelopment Dissolution Act allows Successor Agencies a modest allowance of tax increment funds to support Successor Agency administrative costs. There is no such carve out for Housing Successors. However, unlike Successor Agencies, Housing Successors have an ongoing obligation to monitor existing affordable housing developments. These obligations will continue for up to 55 years. The County has exhausted its administrative remedies with the Department of Finance (DOF) to get property tax funding for these monitoring costs. Some localities are suing DOF over the affordable housing costs shifted to Housing Successors through the Redevelopment Dissolution Act. The County’s Proposed 2013 State Legislative Platform supports efforts to address the affordable housing funding gap created by the Redevelopment Dissolution Act.
- Elections Code Amendment Related to Tabulating Write-in Votes: Notwithstanding any other provision of law, support a change to Elections Code so that the Election official shall not tabulate write-in votes for any qualified contest unless the total number of write-in votes for that contest, based upon Semi-Official Election Night results, is equal to or greater than 5% of the total vote required to win that contest. This will eliminate wasteful hand/machine processing of ballots with votes for a qualified write-in candidate that has no chance of winning. This would save days of work, which usually takes place at the end of the canvass. Hundreds of hours of staff time would be saved (Contra Costa would save 640 hours and $15,000, Statewide approximately $500,000).
At this time, the County would not be sponsoring legislation in the 2013 session.
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
The proposed Legislative Priorities for 2013 remain largely the same as those in 2012.
Changes from the 2012 State Platform:
1. The State Budget priority has been updated to reflect the latest state budget information from the Administration and the Legislative Analyst’s Office.
2. The Health Care priority has been amended to expand on the implementation of national health care reform.
3. Minor amendments were made to the Water and Levees /The Sacramento-San Joaquin Deltapriority to reflect the current status of efforts.
4. Amendments have been made to Realignment Implementation to reflect the current status of Realignment efforts and the passage of Proposition 30 constitutional protections.
STATE PLATFORM POLICY POSITIONS
Changes from the 2012 State Platform:
Agricultural Issues
- Add to policy # 4 which addresses invasive species in the Delta: "This includes support for efforts by the Department of Boating and Waterways to secure multi-year permits for eradication of multiple species of invasive weeds in the Delta." (p. 5)
- Add policy # 5. "SUPPORT the CSAC policy statement regarding revisions to the California Conservation Act of 1965 (aka Williamson Act) to support legislative changes that preserve the integrity of the Williamson Act, eliminate abuses resulting in unjustified and premature conversions of contracted land for development, and to fully restore Williamson Act subventions. The state subventions to counties also must be revised to recognize all local tax losses." (p. 5)
Climate Change Issues
- Add policy #19: "SUPPORT legislative or administrative efforts that favor allocation of funding from the California Greenhouse Gas Cap and Trade Program to jurisdictions that are the largest emitters of greenhouse gas." (p. 8)
Emergency Preparedness, Emergency Response
- Text change to policy #27: SUPPORT legislation or other measures requiring the creation or utilizationof emergency rock stockpiles suitable for levee repair throughout the Delta, enabling increasingly efficient and less costly prevention of levee breaks and enhancement of initial response capabilities. (p. 9)
- Add policy #28: SUPPORT legislation or other measures that will enable the Department of Water Resources to easily and quickly enter into contracts with local entities that need assistance in planning for emergency response. (p. 9)
Flood Control and Clean Water Issues
- Text changes to policy #32 to reflect “stormwater” programs, the stormwater “permit,” and stormwater “services, encompassing both water quality and drainage/flood control.” (p. 10)
- Add policy #34: "SUPPORT efforts to require the Department of Water Resources (DWR) to provide 200 year flood plain mapping for all areas in the legal Delta. SB 5 requires the County and cities in the Delta to insure certain development projects must have 200 year level of protection and to make certain related findings. DWR has revisited developing zoning flood plain mapping, and if they do, only working in areas protected by project levees which does not include any areas within Contra Costa County." (p. 10)
Health Care Issues
- Add policy #75: "SUPPORT efforts that allow counties to draw down federal Medicaid funds for providing confidential alcohol and drug screening and brief intervention services to pregnant women and women of childbearing age who also qualify for Medi-Cal benefits." (p. 15)
Human Services Issues
Land Use/Community Development Issues
- Text changes to add in consideration of "Priority Development Areas" in policies promoting economic development incentives for smart growth and "Sustainable Community Strategy" principles and CEQA exemptions or streamlining. (#101 and #104, p. 19)
- Text change to policy #108 to add: "Support efforts to streamline implementation of NCCPs including exemptions from unnecessary regulatory oversight such as the Delta Plan Covered Actions process administered by the Delta Stewardship Council." (p. 20)
- Text changes to add “blight removal” to policy supporting tools for county economic development purposes. (#109, p. 20)
- Add policy #111: "SUPPORT legislation that would resolve the administrative funding gap for agencies serving as the Successor Housing Agency. Such legislation should not have a negative impact on the localities’ general fund. The Redevelopment Dissolution Act allows Successor Agencies a modest allowance of tax increment funds to support Successor Agency administrative costs. There is no such carve out for Housing Successors. However, unlike Successor Agencies, Housing Successors have an ongoing obligation to monitor existing affordable housing developments. These obligations will continue for up to 55 years." (p. 20)
- Add policy #112: "SUPPORT legislative and regulatory efforts that streamline compliance with the California Environmental Quality Act (CEQA) by integrating it with other environmental protection laws and regulations, modifications to tiering of environmental reviews, expanding the application of prior environmental reviews, focusing areas of potential CEQA litigation, and enhancing public disclosure and accountability. OPPOSE efforts that reduce environmental protections for projects that cross county or city boundaries." (p. 20)
- Add policy #113: "OPPOSE CEQA reform efforts that reduce environmental protections for projects that cross county or city boundaries." (p. 21)
- Add policy #114: "SUPPORT efforts to improve or streamline CEQA for efficiency without losing sight of its ultimate goal to thoroughly identify environmental impacts and mitigations." (p. 21)
- Add policy #115: "OPPOSE efforts to change CEQA solely to accommodate one particular infrastructure project or set of projects." (p. 21)
- Add policy #116: "SUPPORT legislation that amends Section 20133 of the Public Contract Code to 1) delete the existing sunset date of July 1, 2014 for design-build authority granted to counties, and 2) eliminate the current project cost threshold of $2.5 million required for the use of the design-build method." (p. 21)
Transportation Issues
- Text change to policy #138 to add preservation of County control over roads: "The County supports preserving the authority of Public Works over County roads by way of ensuring the Board of Supervisors’ control over County roads as established in the Streets & Highways Code (Ch2 §940) is not undermined.This includes strongly opposing any action by a non-local entity that would ultimately dilute current Board of Supervisors discretion relative to road design and land use." (p. 27)
- Text change to policy #139 regarding coordinated planning for school sites to add: "The County supports the California Department of Education’s current effort to better leverage school facilities in developing sustainable communities. Related to this effort, the County supports reform of school siting practices by way of legislative changes related to any new statewide school construction bond authorization. The County takes the position that reform components should include bringing school siting practices in to alignment with local growth management policies, safe routes to school best practices, State SB 375 principles, and the State Strategic Growth Council’s “Health in All Policies Initiative.”" (p. 27)
Waste Management Issues
- Text change to policy #142 relating to producer responsibility for products to add "including pharmaceuticals." (p. 28)
- Text change to policy #145 relating to solid waste management problems to add “polystyrene containers.” (p. 28)
- Add policy #148: "SUPPORT legislation that relieves counties with privately-operated landfills from the state requirement for maintaining a 15-year supply of disposal capacity for waste generated within each county. In 1989, Contra Costa County amended its general plan to accommodate construction of Keller Canyon Landfill. Due to the difficulty in siting landfills and the requirements of Public Resources Code 47100 – Countywide Siting Element, the County maintained authority to control the amount of waste disposed at this facility from outside the county. Despite Contra Costa County’s opposition, AB 845 will become law on January 1, 2013 and prohibit any jurisdiction from regulating the amount of waste disposed at a privately-operated landfill based on its place of origin.
Since local jurisdictions can no longer control importation of waste to privately-operated landfills, the host County will have a greater need to undertake the difficult task of identifying new disposal capacity pursuant to the Countywide Siting Element requirement. Since the state believes there is no need for local jurisdictions to regulate disposal of solid waste by place of origin, the state should remove existing statutes that require each County with privately-operated landfills to identify sufficient disposal capacity for the waste generated by the jurisdictions within that County." (p. 28)
- Add policy #149: "SUPPORT legislation that can reduce the amount of harmful pharmaceuticals that ultimately enter waste water treatment facilities and landfills." (p. 29)
- Add policy #150: "SUPPORT legislative and regulatory efforts to restrict payments from the Beverage Container Recycling Program Fund for redemption of beverage containers sold out of state. Fraudulent redemption of these beverage containers is costing the Fund from $40 million to $200 million annually. This fraud combined with loans to the General Fund to reduce the State budget deficit has significantly reduced the availability of funds for increasing recycling as intended under the law." (p. 29)
- Add policy #151: "SUPPORT legislative and regulatory efforts that correct the imbalance between the County’s regulatory authority to control the collection and disposal of solid waste generated within the unincorporated areas and our exposure to state penalties for failing to meet state mandates for diverting solid waste generated within these areas as a result of Appellate Court decisions. These decision awarded solid waste franchise authority to the Rodeo Sanitary District and Mountain View Sanitary District while the County remains exposed to state penalties for failing to meet state mandates for reducing solid waste generated in these areas." (p. 29)