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    5.    
LEGISLATION COMMITTEE
Meeting Date: 11/16/2015  
Subject:    Draft 2016 State Legislative Platform
Submitted For: LEGISLATION COMMITTEE
Department: County Administrator  
Referral No.: 2015-19  
Referral Name: Draft 2016 State Legislative Platform
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097

Information
Referral History:
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 adopted Platforms.

In October, all were invited to provide suggested edits to the State Platform by submitting input in writing.

The Legislation Committee typically reviews the draft Platform in November and/or December, with the Proposed Platform recommended to the Board of Supervisors for adoption in January.
Referral Update:

CONTRA COSTA SPONSORED BILL PROPOSALS

To date, staff has received one proposal for a Contra Costa County-sponsored bill for 2016: from the CAO and County Counsel related to Tier III disability retirement provisions.

The sponsored bill proposal is as follows:
Disability Retirement Provisions: Clarify that the disability retirement provisions applicable to Tier III members of the Contra Costa County Retirement Association (CCCERA) also apply to County and dependent special district non-safety employees who become New Members, as defined in PEPRA, of CCCERA.

LEGISLATIVE/REGULATORY ADVOCACY PRIORITIES

Staff recommends continuing the following advocacy priorities for the County for 2016. The Legislation Committee may wish to provide direction to staff on these priority areas.

1: State Budget

2: Health Care

3: Water and Levees /The Sacramento-San Joaquin Delta

4: Realignment Implementation

Changes from the 2015 State Platform:

The Water and Levees/The Sacramento-San Joaquin Delta priority has been updated to reflect the new reference to the BDCP project as the California Water Fix (CWF).


STATE PLATFORM POLICY POSITIONS

The following are the recommended Platform policy position changes from staff for the 2016 State Platform:

Health Care Issues

  • Addition of the following policies:
82. SUPPORT legislation that extends the restrictions and prohibitions against the smoking of 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 quitting among young people and adults.

84. SUPPORT funding and policy changes to support population-based chronic disease prevention efforts. Collectively, these include efforts to move up-stream from the treatment of illness associated with chronic disease to advance a policy, systems and organizational change approach to address the underlying environmental factors and conditions that influence health and health behaviors.

85. SUPPORT efforts that would advance a Health-In-All-Policies approach to policy work done across the County. This implies consideration of how health is influenced by the built environment and a connection with land use planning and development.

86. SUPPORT ongoing study of the health impact of global and regional climate change and ongoing countywide mitigation efforts.

87. SUPPORT efforts that would preserve the nature and quality of 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.

88. SUPPORT maintaining level or enhanced funding, streamlined processes and greater flexibility for Public Health Emergency Preparedness initiatives including Pandemic Influenza, and continued funding for all categories related to Public Health Preparedness, including Hospital Preparedness Program, Cities Readiness Initiative and core Public Health Preparedness.

89. SUPPORT increased state funding and policy changes for Tuberculosis (TB) prevention and treatment, to reflect the growing number of cases being treated in Santa Clara County. Santa Clara County has more TB cases than 35 States.

90. SUPPORT increased funding for the public health infrastructure and prevention services as outlined in the public health components of the Affordable Care Act and the National Prevention and Public Health Fund.

91. SUPPORT recognition of Local Public Health Departments as an authorized provider for reimbursement related to the provision of Immunization, Family Planning, HIV, STD and TB.

92. SUPPORT the reversal of the pre-emption language regarding local Menu-Labeling that is included the Affordable Care Act.

93. SUPPORT enhanced funding for public health programs, specifically:

  1. 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;
  2. Protecting the Prevention and Public Health Fund (PPHF), as established in the Affordable Care Act.
  3. 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;
  4. Combating infectious diseases, such as Hepatitis B, Hepatitis C, Chlamydia, and Influenza and providing screening, diagnosis, and treatment;
  5. 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
  6. Programs which seek to limit the effects of injury, violence and abuse on children and adults.

94. SUPPORT efforts to strengthen needle exchange programs as part of an overall program to combat the spread of HIV and other diseases; allowing items associated with needle exchange programs, such as, cookers, sterile water, and cotton to be distributed along with clean needles; and the elimination of the federal ban on funding needle exchange programs.

95. SUPPORT legislative efforts to reduce or eliminate lead and toxic substances in consumer products, particularly those used by infants and children.

96. SUPPORT legislative efforts to reduce exposure to toxic air pollutants and the reduction of C02 emissions.

97. SUPPORT funding, policy and programs dedicated to suicide and violence prevention.

98. SUPPORT funding, policy and programs aimed at reducing the misuse of prescription drugs, most especially opioids. Additionally, support restrictions on the sale and use of Powered alcohol.

99. SUPPORT necessary County infrastructure and adequate funding related to the support and enforcement functions of newly passed State Medical Marijuana regulatory controls.

100. 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.

101. SUPPORT legislation such as AB 292 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.

102. SUPPORT efforts to dedicate funding that sustains and expands non-infrastructure Safe Routes to School programs that educate students, parents, and school staff about safe walking and bicycling to school.


Human Services Issues
  • Addition of 18 policy issues:
103. SUPPORT efforts to promote safety of Adult Protective Services workers conducting required unannounced home visits by allowing them to request and receive from law enforcement criminal record checks through the California Law Enforcement Telecommunications System (CLETS). This would primarily be used for reported abusers in the household.

104. SUPPORT efforts to develop emergency/and or temporary shelter options for Adult Protective Services population and consider options that include but are not limited to, licensing of facilities specifically for this population and exploring Medi-Cal billing options to support clients in hospitals and other care facilities pending a more permanent housing placement.

105. SUPPORT simplification of IHSS service hour calculation and allocation to insure compliance with the Fair Labor Standards Act (FLSA) and efficiently provide services to consumers.

106. SUPPORT solutions that allow access for Adult Protective Services to access financial records for investigation of financial abuse and exploitation. Financial abuse is a fast-growing form of abuse of seniors and adults with disabilities and current law does not authorize financial institutions to grant access to financial records necessary to investigate the reported abuse without the consent of the account holder or authorized representative.

107. 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.

108. SUPPORT efforts to extend family stabilization mental health/substance abuse funding to include all family members. Current law only funds services for adult Welfare to Work participants.

109. 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.

110. SUPPORT solutions to address gaps in existing state statute that cause disruptions to continuity of care for some Covered California Insurance Affordability Program (IAP) enrollees when a new determination of IAP takes place.

111. SUPPORT the use of state funds to pay for CalFresh benefits for those Deferred Action for Childhood Arrivals (DACAs) who would otherwise be eligible for CalFresh.

112. SUPPORT efforts to extend eligibility to zero share of cost Medi-Cal when recipients report new earned income. Potential increases to state and local minimum wage impacts eligibility to free health care.

113. 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.

114. 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.

115. SUPPORT efforts to extend eligibility of CalWORKs benefit by exempting the first 6 months of earned income received from new employment or wage increases. Intended to create better financial stability when a family’s income increases due to changes in local and state minimum wage law.

116. SUPPORT fully funding Medi-Cal Administrative costs.

117. SUPPORT increased funding for Foster Parent Recruitment and Retention.

118. SUPPORT expanding CalWORKs Homeless Services Program.

119. SUPPORT eliminating the Maximum Family Grant (MFG) Rule. MFG prevents from families from receiving benefits for children conceived and born while receiving CalWORKs benefits.

120. SUPPORT funding for statewide Adult Protective Services training.
  • Deletion of six policy issues that do not apply for 2016.
    • SUPPORT efforts that seek to identify and eliminate elder financial abuse and elder exposure to crime that may be committed through conservatorships, powers of attorney, notaries and others who have the right to control elder assets.
    • SUPPORT efforts to allow the CalFresh redetermination process to be done by mail without interview and permit the mail in process for CalFresh aged and/or disabled households. This would increase the efficiency of CalFresh redetermination and help people who are receiving the benefit who would have difficulty coming into a benefits office.
    • SUPPORT efforts to expand the number of counties in the Federal IV-E waiver funding for pre-placement, prevention activities; development of caretaker recruitment and retention campaigns;; 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.
    • 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.
    • OPPOSE any legislation that increases tobacco taxes but does not contain language to replace any funds consequently lost to The California Children and Families Act/Trust Fund for local services as currently funded by tobacco taxes, Proposition 10 in 1998 and Proposition 99 in 1988.
    • SUPPORT ending the student restrictions that disallow CalFresh for poor students. Students should not be penalized for getting an education.
    • SUPPORT a State Earned Income Tax Credit. Developing a state earned income tax credit would incentivize work and reduce poverty. The Federal EITC program is the most effective government antipoverty program and 22 other states have a state EITC.
Land Use/Community Development Issues
  • Text changes to policy #127 to reflect the granting amount of approximately $24 million to East Contra Costa County Natural Community Conservation Plans (NCCPs); to support the inclusion of NCCPs for funding in allocations from Proposition 1; and to encourage recognition of the NCCP as an appropriate tool for spending CAP and Trade revenues.

  • Addition of policy issue #156: ADVOCATE for State legislation prohibiting the sale of AlcoPop products by businesses that sell alcoholic beverages. It has come to the attention of the Board of Supervisors that a type of alcoholic beverage product known as “alcopops” has been identified as a contributor to under-age drinking. The Board, through recommendations from the Public Protection Committee, has adopted amendments to the Alcoholic Beverage Sales Commercial Activities Zoning Ordinance that authorizes the County to prohibit the sale of alcopops at any establishment not in compliance with the performance standards. Along with the code changes, various implementation strategies were also approved in order to better coordinate efforts between County Departments and agencies for streamlined implementation and enforcement of the Ordinance.
Transportation Issues
  • Text change to policy #176 to refer to State Route 239 as TriLink.

  • Addition of policy #185: 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.

Workforce Development (new category)
  • Addition of new policy:
199. SUPPORT legislative and regulatory efforts that make the necessary changes to existing law for the implementation of the federal Workforce Innovation and Opportunity Act (WIOA) in California. An implementation bill (currently SB 45) will be before the State Legislature in 2016. The County supports legislation that would include provisions that state that the Local Plan developed by local workforce boards should be the basis of all workforce planning in the local areas and all workforce-related state grants. Additionally, the County supports provisions that ensure that staffing costs and support services should be included in the training expenditure requirement. Finally, the County supports provisions that require all programs listed in the Workforce Innovation & Opportunity Act (WIOA) work together to ensure that data is collected and reported across all programs, utilizing the state’s base-wage file system to ease local reporting burdens.

Recommendation(s)/Next Step(s):
REVIEW the Proposed 2016 State Legislative Platform, provide direction to staff on any recommended changes, and RECOMMEND action to the Board of Supervisors.

Attachment A is the Draft 2016 State Platform, as marked up from the 2015 Adopted Platform.

Attachment B is the Draft 2016 State Platform, clean copy.
Attachments
Attachment A: Marked-Up 2016 Draft Platform
Attachment B: Clean-copy 2016 Draft Platform

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