Agenda

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LEGISLATION COMMITTEE

Meeting Date:	11/08/2021
Subject: 2022 Federal Legislative Program
Submitted For:	LEGISLATION COMMITTEE
Department:	County Administrator
Referral No.:	2021-22
Referral Name:	2022 Federal Legislative Program
Presenter:	L. DeLaney	Contact:	L. DeLaney, 925-655-2057

Information

Referral History:

Similar to the process underway for the development of the 2022 State Legislative Program, County staff and the County's federal advocate, Mr. Paul Schlesinger of Alcalde & Fay, initiated outreach to County staff over the last two months in anticipation of future federal member-directed spending requests (colloquially referred to as "earmarks") in 2022, as well as for the purpose of ascertaining federal legislative priorties for the year. However, CAO staff was notified on November 1, 2022 that Mr. Schlesinger has separated from Alcalde & Fay. Mr. Schlesinger has been the County's principal federal lobbyist with Alcalde & Fay since 2001, assisting the County with its federal legislative and regulatory needs and helping to secure federal appropriations and grants.

Referral Update:

In addition to the consideration of member-directed Community Project Funding requests for FFY 2022-23, County staff has identified federal policy priorities for 2022. These include:

1. The Elimination of the IMD Exclusion Rule. Requested by County Behavioral Health Director, Dr. Tavano, this prohibition on so-called "institutes of mental diseases" (IMD), has been in place since 1965. Under the IMD exclusion, federal rules prohibit Medicaid from paying for psychiatric inpatient care facilities with at least 16 beds. The facilities can be those treating for acute behavioral conditions and substance use disorders with regulations on the exclusion varying among states.

2. Federal Weatherization Program changes to include more Energy Efficiency Options. Requested by the County's Sustainability Coordinator, Jody London. SUPPORT modifications to the federal Weatherization Assistance Program that expand eligible measures to include whole building clean energy improvements such as wall insulation, duct sealing, electric panel upgrades, electric heat pumps, and related measures. Also SUPPORT modifications that increase the income eligibility limits for the Weatherization Assistance Program.

3. Medicare expansion and lowering prescription drug prices. Requested by Dr. William Walker, on behalf of Contra Costa Health Services. Medicare expansion to cover dental, hearing, and vision. Empower Medicare to negotiate prices for certain drugs and cap the out-of-pocket costs for seniors on Medicare.

4. Hospital infrastructure funding. Requested by Dr. William Walker, on behalf of Contra Costa Health Services.

5. ERAP Reallocation. Requested by Chief Assistant CAO Time Ewell, support for an application by the state to the U.S. Treasury Department for reallocation of ERAP 1 dollars for the continued benefit of California and Contra Costa County residents.

6. Municipal Securities. Requested by Chief Assistant CAO Tim Ewell, support fully reinstating tax-exemption of advance refunding bonds as well as provisions restoring and expanding the use of direct-pay bonds. Advocacy efforts consistent with past federal platforms have been under way.

7. Families First Prevention Services Act. Requested by Chief Probation Officer Esa Ehmen-Krause. This legislation from 2018 offered states an opportunity to transform state child welfare systems by providing substance abuse, mental health and other prevention and treatment services to prevent children’s entry into foster care. The law also sought to reduce states’ reliance on group and residential treatment homes and instead prioritize family-based care. Information on implementation outcomes in California and financial benefits was requested.

Note that additional discussions with staff and Board of Supervisors Members regarding Community Project Funding requests (earmarks) will be required in the near future, should the opportunity to provide requests again become clearer.

Subsequent to these discussions, CAO staff was notified of the departure of Mr. Schlesinger from Alcalde & Fay. Mr. Schlesinger has been the County's principal representative of Alcalde & Fay since 2001 and has moved on to another federal lobbying firm. Over his period of representation of the County, Mr. Schlesinger has been instrumental in obtaining federal earmarks on behalf of the County; he has cultivated successful relationships with members and staff of the County's congressional delegation; he has also been responsive to the County's information and advocacy needs on an on-going basis, particularly in the areas of transportation and water.

The current contract for federal legislative advocacy services wtth Alcalde & Fay expires on June 30, 2022. The annual cost of the contract is $104,296. The contractor procurement process of 2019 provided in the Request for Qualifications a potential contract opportunity for 3 years (through FY 2021-22) plus two (2) single year options to renew. (See Attachment A.)

Given these changing circumstances, the Legislation Committee and subsequently the full Board of Supervisors has the following options to consider:

1. Terminating the contract with Alcalde & Fay and contracting instead with Mr. Schlesinger's new firm for a period of time to be determined.
2. Conducting a new procurement process for a longer-term contract. Direction to staff on the schedule of the process, composition of the review panel, and terms of a contract would be requested.
3. Going without federal lobbying services, although staff does not recommend this option.

Recommendation(s)/Next Step(s):

CONSIDER providing direction to staff on the contract for federal legislative advocacy services and the development of the 2022 federal legislative program. CONSIDER making recommendations to the Board of Supervisors on both subjects.

Attachments
Attachment A