CONTRA COSTA SPONSORED BILL PROPOSALS
Authorizing/Enabling Legislation Regarding Title 5, California Code of Regulations (School Facilities Construction)
The County has been engaged in advocating for the reform of school siting policies for a number of years. Late this year the California Department of Education (CDE) announced an effort to revise Title 5 to, among other things, “align school facilities and siting policies with state sustainability goals…” In meeting with CDE staff and our Legislative Delegation over the past 5 years it has become apparent that in order to revise Title 5 such that requirements (as opposed to guidance) can be established, a legislative solution may be necessary. Through the Transportation, Water, and Infrastructure Committee (TWIC), staff will work with our legislative delegation and advocate to further develop the necessary solution. This effort is consistent with our current State Legislative Platform (Ag #3, Trans #179, #182) and is reflected in the 2017 Platform revisions submitted by TWIC relative to the aforementioned Title 5 update.
LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES
Staff recommends continuing the following advocacy priorities for the County for 2017. The Legislation Committee may wish to provide direction to staff on these priority areas.
Priority 1: State Budget
Priority 2: Health Care
Priority 3: Water and Levees /The Sacramento-San Joaquin Delta
Priority 4: Realignment Implementation
STATE PLATFORM POLICY POSITIONS
The following are the recommended Platform policy position amendments for the 2017 State Platform:
Climate Change
Addition of the following policies and amendments:
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, have disadvantaged communities that are disproportionately affected by environmental pollution, have Natural Community Conservation Plans or similar land conservation efforts that will address climate change and have demonstrated a local commitment to climate protection (e.g. established emissions reduction targets, prepared Climate Action Plans, etc.). The County has several good projects that would sequester carbon, such as Creek and wetland restoration projects.
20. SUPPORT efforts to ensure life-cycle costs are considered when planning new projects in the state. A key challenge for State and local agencies is funding the ongoing operation and maintenance of infrastructure. This includes all aspects of the built environment: buildings, roads, parks, and other infrastructure. As California begins to implement more aggressive climate goals, the State should be thinking about new methodologies for anticipating project costs. In particular, it is evident that California will need a different transportation system than the one we have currently, and that this new transportation system will be more expensive to maintain. Traditional accounting methods that look only at initial project cost lead to situations where infrastructure fails, at greater replacement cost than if ongoing operation and maintenance had been included from the beginning. This would include methodologies for internalizing the social and environmental costs of projects.
21. SUPPORT revisions to the Public Resources Code and the Air Resources Board’s Investment Plans to provide Cap and Trade funding for the conservation of natural lands, parks and open space through fee title acquisition as well as easements.
22. OPPOSE changes to the California Environmental Protection Agency’s protocols for designating disadvantaged communities which result in a reduction in the number or size of disadvantaged communities in Contra Costa County. Disadvantaged communities are prioritized for receipt of Greenhouse Gas Reduction Funds, the funding source for a number of state grant programs. Contra Costa County has a number of communities and neighborhoods that are economically and socially disadvantaged and located near large, current and former industrial sites. These industrial operations contribute through the Cap and Trade program to the Greenhouse Gas Reduction Fund. The state designations should continue to reflect the disproportionally acute needs of these communities.
Elections
Deletion of the following policy:
SUPPORT legislation that would add provisions to the state Elections Code that would allow special elections to fill a vacancy in a congressional or legislative district to be conducted by all mailed ballots at the county’s discretion.
Flood Control and Clean Water
Revision to the following policy:
36. 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 200-year flood plain mapping maps, and but if they do, only working in areas protected by project levees which does not include any areas within Contra Costa County.
Health Care
The following revisions are proposed:
84. SUPPORT legislation that extends the restrictions and prohibitions against the smoking of, and exposure to, tobacco products to include restrictions or prohibitions against electronic cigarettes (e-cigarettes) in various places, including, but not limited to, places of employment, school campuses, public buildings, day care facilities, retail food facilities, multi-family housing, and health facilities; preventing the use of tobacco, electronic smoking devices (e-cigarettes) and flavored tobacco by youth and young adults; eliminating exposure to second-hand and third-hand smoke; restrictions on advertising of electronic smoking devices; reducing and eliminating disparities related to tobacco use and its effects among specific populations; increasing the minimum age to 21 to purchase tobacco products; and the promotion of cessation among young people and adults.
88. SUPPORT ongoing study of the health impacts of global and regional climate change and ongoing countywide mitigation and adaptation efforts.
89. SUPPORT efforts that would preserve the nature and quality and continuity of care associated with safety net services historically provided at the local level, such as the California Children’s Services (CCS) and Child Health and Disability Prevention (CHDP) programs, which are being transitioned into managed care at the state level.
90. SUPPORT maintaining level or enhanced funding, streamlined processes and greater flexibility for use of State and Federal funding to respond to Public Health Emergency Preparedness initiatives including Pandemic Influenza, emerging diseases, and continued funding for all categories related to Public Health Preparedness, including Hospital Preparedness Program, Homeland Security, Cities Readiness Initiative and core Public Health Preparedness.
92. SUPPORT increased funding for the public health infrastructure, capacity and prevention services as outlined in the public health components of the Affordable Care Act and the National Prevention and Public Health Fund.
93. SUPPORT recognition of Local Public Health Departments as an authorized provider for direct billing reimbursement related to the provision of Immunization, Family Planning, HIV, STD and TB services.
95. SUPPORT enhanced funding and capacity for public health programs, specifically:
a. Prevention programs in the areas of chronic disease, specifically, obesity, diabetes, asthma and cancer.
b. Prevention and risk reduction programs in the area of HIV, STD, teen pregnancy, injury prevention as well as health promotion programs, such as nutrition and activity education;
c. Oral health programs, especially those which address the needs of children and those with oral health disparities.
a. Prevention programs in the areas of chronic disease, specifically oral health, obesity, diabetes, cancer, teen pregnancy and injury prevention as well as health promotion programs, such as nutrition and activity education;
d. Protecting the Prevention and Public Health Fund (PPHF), as established in the Affordable Care Act.
e. Increased resources dedicated to surveillance and prevention programs targeting chronic diseases such as cardiovascular, stroke, cancer, diabetes, and asthma, as well as injury and violence;
f. Combating infectious and emerging diseases, such as Zika, novel Influenza, Hepatitis B, Hepatitis C, Chlamydia, and seasonal Influenza and public health programs which provide screening, diagnosis, and treatment;
g. Provide for adequate State funding for children’s programs, including the California Children’s Services (CCS) program for clients who are not Medi-Cal eligible to assure that counties are not overmatched in their financial participation; and
h. Programs which seek to monitor and address the needs of Foster youth, especially those on psychotropic medication.
i. Best practice programs which seeks to protect and enhance the health of pregnant women and that address maternal, child and adolescent health needs.
f. Programs which seek to limit the effects of injury, violence and abuse on children and adults.
98. SUPPORT legislative efforts to reduce exposure to toxic air pollutants and the reduction of CO2 emissions greenhouse gases.
99. SUPPORT funding, policy and programs dedicated to suicide, injury and violence prevention. Additionally, support efforts aimed at reducing health disparities and inequities associated with violence against women, communities of color and the LGBT community. Programs which seek to limit the effects of injury, violence and abuse on children, seniors and persons with disability. SUPPORT funding, policy and programs dedicated to suicide and violence prevention.
100. SUPPORT funding, policy and program development aimed at reducing the misuse of prescription drugs, most especially opioids. Additionally, support funding and resources for local capacity to address new state laws regarding restrictions on the sale and use of powdered alcohol. restrictions on the sale and use of powdered alcohol, which can lead to unsafe levels of intoxication if it is mixed incorrectly or ingested in its powdered form.
101. SUPPORT necessary County infrastructure and adequate funding related to education, regulatory, testing the support and enforcement functions of newly passedassociated with the State Medical Marijuana regulatory controls.
102. SUPPORT legislation such as AB 1357 and/or similar policy efforts to tax certain beverages that contain added sugars, by establishing a per fluid ounce health impact fee on sugar sweetened beverages at the distributor level. In addition, support SB 203, a two year bill, or similar efforts which would create the Sugar Sweetened Beverage Safety warning act, which would require a safety warning on all sealed sugar sweetened beverages.
103. SUPPORT legislation and efforts that support healthy meals and adequate meal time for school-age children. SUPPORT legislation such as AB 292 (Santiago) and/or similar efforts that support healthy meals and adequate meal time for school-age children. The bill would require school districts, in addition to providing a nutritionally adequate free or reduced-price meal for each needy pupil each school day, to ensure that each of the schools in their respective jurisdictions makes available to its pupils adequate time to eat after being served lunch. The bill would declare that the State Department of Education specifies that an adequate time to eat school lunch is 20 minutes after being served. The bill would require a school that determines, upon annual review of its bell schedule, that it is currently not providing pupils with adequate time to eat, to identify and develop a plan to implement, in consultation with the school district, ways to increase pupils’ time to eat lunch.
105. Support efforts to address the underlying determinants of health and health equity, such as housing and prevention of displacement, educational attainment and livable wage jobs.
Human Services
Addition and deletion of the following polices:
113. SUPPORT legislative efforts that allow for coordination of services and data, across state and county Departments that support aging and elder populations.
124. SUPPORT efforts to increase CalFresh benefit amounts to better meet recipients’ nutritional needs, improve ease and accessibility of the CalFresh application and recertification processes, and adjust CalFresh eligibility requirements to include currently excluded populations with significant need.
125. SUPPORT efforts to restore cuts to the Supplemental Security Income/State Supplementary Payment (SSI/SSP) Program and reinstate the annual Cost of Living Adjustment (COLA.)
134. SUPPORT legislation to expand early care and education and increase funding for preschool and early learning, through a diverse and multi-faceted delivery system.
135. SUPPORT restoration of child development programs (pre-2011 funding) under Proposition 98 funding.
136. Support legislation that would clarify and streamline the definition of homelessness across categorical eligibility for child care services to homeless children.
137. Support legislation that would clarify the definition of “volunteer” in SB 792. Current law does not specify an established minimum of time spent in a child care facility to be considered a volunteer. SB 792, therefore, would apply to parents/grandparents coming to child care centers for one-time volunteer activities, to provide proof of vaccination.
138. SUPPORT the establishment of a 12-month child care assistance and graduated phase out that allows for tapered assistance to families whose income has increased at the time of re-determination, but still does not exceed the federal income limit of 85% of State Median Income.
141. SUPPORT continued and improved funding for implementation of Continuum of Care Reform.
142. SUPPORT counties to access CWS/CMS to determine family’s child abuse history for the Resource Family Approval process.
143. SUPPORT efforts to improve and expand emergency food assistance networks’ (e.g. local food banks, food pantries) ability to procure, store, and distribute nutritious food to those in need.
144. SUPPORT efforts that seek to address the impact of domestic violence and sexual assault and implement culturally relevant, trauma-informed responses, connect victims to services, and prevent domestic violence and sexual assault.
145. SUPPORT increased investments in housing for victims of domestic violence and human trafficking including the preservation of emergency and long-term housing options for victims.
146. SUPPORT efforts that prevent domestic violence homicide including assessment of risk for assault or lethal force throughout the criminal justice system.
147. SUPPORT investments in continuous training and coordination of training for all law enforcement officers, District Attorneys, Public Defenders, Judges and other court staff on issues of domestic violence, sexual assault, human trafficking, elder abuse and trauma informed approaches.
SUPPORT legislation that authorizes juvenile courts to deny reunification services to a parent who has knowingly engaged in or consented to the sexual exploitation of the child.
SUPPORT revision of CalWORKs Program regulations to eliminate the Welfare to Work 24 Month Time Clock in order to provide clients with a full 48 months to participate in Welfare to Work activities.
SUPPORT efforts to increase CalFresh participation by eliminating Gross Income Test for all applicants, exempting Veteran’s Benefits from any income test, increasing shelter deduction to average rate based on County of Residence (varied across State), and eliminating countable resources and/or expanding Modified Categorically Eligible regulations to all households.
SUPPORT efforts to simplify the CalFresh application process through the creation of a statewide telephonic and electronic signature system to reduce denials and discontinuances due to failure to provide.
SUPPORT expanding CalWORKs Homeless Services Program.
SUPPORT eliminating the Maximum Family Grant (MFG) Rule. MFG prevents families from receiving benefits for children conceived and born while receiving CalWORKs benefits.
Land Use/Community Development
The following policy revisions are proposed:
153. SUPPORT efforts to promote economic incentives for "smart growth," in Priority Development and Priority Production Areas 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” and Sustainable Community Strategy principles.
154. 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 a number of goals inGoals 2, 3 and 4 of the County General Plan Housing Element.
160. SUPPORT allocations, appropriations, and policies that support and leverage the benefits of approved Natural Community Conservation Plans (NCCPs), such as the East Contra Costa County NCCP. Support the granting of approximately $24 million to the East Contra Costa County NCCP from the $90 million allocation for NCCPs in Proposition 84. Support the inclusion of NCCPs for funding in allocations from Proposition 1. Support $90 million for implementation of NCCPs and an additional $100 million for watershed protection and habitat conservation in future park, water or natural resource bonds. Support the position that NCCPs are an effective strategy for addressing the impacts of climate change and encourage appropriate recognition of the NCCP tool in implementation of climate change legislation such as SB 375, AB 32 as well as an appropriate tool for spending CAP Cap and Trade revenues. Promote effective implementation of NCCPs as a top priority for the California Department of Fish and Wildlife. Support an increase to $1.6 million for the California Department of Fish and Wildlife’s Local Assistance Grant program. 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. Support alignment of State and Regional of Water Board permits (Section 401 clean water act and storm water permits) and California Department of Fish and Wildlife Streambed Alteration Agreement (Section 1602 of the Fish and Game code) and other State natural resource permitting with California Endangered Species Act permitting through NCCPs to improve the overall efficiency, predictability and effectiveness of natural resource regulation.
OPPOSE legislation that would create substantial uncertainty over the tax allocation bonds issued by redevelopment agencies and possible negative credit impact.
Law and Justice System
Addition of the following policies:
171. SUPPORT legislation that requires boater’s insurance. Currently, boaters are not required to carry insurance in California.
172. SUPPORT legislation that provides better funding for local agencies forced to deal with abandoned and sunken vessels and their environmental impacts.
178. SUPPORT legislative reform of current bail provisions that will replace reliance on money bail with a system that incorporates a pretrial risk assessment tool and evidence-based pretrial release decisions. The current reliance on fixed bail schedules and commercial money bonds ignores public safety factors and unfairly penalizes poor people who are awaiting trial. Bail reform in this manner will ensure that only dangerous persons who cannot be safely supervised in the community while they are awaiting trial will be held in custody pretrial. Locally, our County has moved in this direction with an AB109 funded pretrial program. Many statewide organizations support bail reform. Among them are the ACLU, Californians for Safety and Justice, the California Public Defenders Association, and the California Attorneys for Criminal Justice.
Pipeline Safety
Addition of the following policies:
188. SUPPORT legislation that contains specific mitigations or solutions for installation of Automatic Shutoff Valves for both High Consequence Areas (HCA) and for those that transverse Active Seismic Earthquake Faults for all intrastate petroleum pipelines.
189. SUPPORT legislation that contains specific language for protection of all seasonal and all year creeks and all State Waterways where petroleum pipelines are present. New and replacement pipelines near environmentally and ecologically sensitive areas should use the best available technology including, but not limited to, the installation of leak detection technology, automatic shutoff systems or remote controlled sectionalized block valves, or any combination of these technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
190. SUPPORT legislation that contains specific language and specific examples to guide health officers in making certain determinations, in taking certain actions related to an active gas pipeline leak and in the structure and installation of state mandated local programs for this purpose.
191. SUPPORT legislation that contains specific language that requires the same standards for installation of Automatic Shutoff Valves or Remote Controlled Sectionalized Block Valves of owners and operators of intrastate petroleum pipelines located in High Consequence Areas or that traverse Active Seismic Earthquake Faults. To provide the location of existing valves and the proposed location of new valves to the State Fire Marshal’s Office allowing their interaction with the process, to establish action timelines, to adopt standards for how to prioritize installation, to ensure that valves are installed as quickly as reasonably possible and to establish ongoing procedures for monitoring progress in achieving requirements.
Transportation
The following revisions are proposed:
196. 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 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 that benefit the state and local road system such as TriLink (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 and Marsh Creek Trails. There may be interest in seeking enhanced local input requirements for developing the Sustainable Communities Strategy for the Bay Area mandated by SB 375 for greenhouse gas reduction. 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.
201. SUPPORT efforts to coordinate planning between school districts, the state, and local jurisdictions for the purposes of: (1) locating and planning new schools, (2) funding programs that foster collaboration and joint use of facilities, and (3) financing off-site transportation improvements for improved access to existing schools. The County supports thewill urge the California Department of Education’s current Title 5 update effort to better leverage include removing the current conflict between current school facilities in developing siting policies and 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 and school zone references in the vehicle code into 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.”
205. SUPPORT funding increases for active transportation projects and planning. Funding is needed for improved pedestrian infrastructure and enhancements and expansion of: trails, on-street bike facilities (Class II and III), and separated facilities (Class I and Class IV [cycle track]). Funding is also needed for corridor and ”bicycle superhighway” planning, trail access improvements, overcrossings, intersection improvements, Class I - IV inter-connectivity projects (gap closures), wayfinding/signage projects, and facilities/designs identified in emerging best practices.
SUPPORT funding increases for active transportation projects including funding for enhancements and expansion of separated trails (Class I, cycle track) including corridor planning, trail access improvements, trail expansion/enhancements, overcrossings, intersection improvements, Class I trail inter-connectivity projects, and wayfinding/signage projects. |