A Publication of the County Executive Office/Legislative Affairs. December 5, 2017 Item No. 46 Vol. XLlll, No. XXI

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1 A Publication of the County Executive Office/Legislative Affairs DRAFT December 5, 2017 Item No. 46 Vol. XLlll, No. XXI County of Orange Positions on Proposed Legislation The Legislative Bulletin provides the Board of Supervisors with analyses of measures pending in Sacramento and Washington that are of interest to the County. Staff provides recommended positions that fall within the range of policies established by the Board. According to the County of Orange Legislative Affairs Procedures adopted by the Board of Supervisors on November 25, 2014, staff recommendations for formal County positions on legislation will be agendized and presented in this document for Board action at regular Board of Supervisors meetings. When the Board takes formal action on a piece of legislation, the CEO will direct the County s legislative advocates to promote the individual bills as approved by the Board. The Legislative Bulletin also provides the Board of Supervisors with informative updates on State and Federal issues. The Legislative Platform was adopted by Board of Supervisors Minute Order dated November 22, On December 5, 2017, the Board of Supervisors will consider the following actions: RECOMMENDED ACTIONS 1. APPROVE 2018 Legislative Affairs Program Guidelines 2. APPROVE 2018 County Legislative Priorities 3. Receive and File Legislative Bulletin INFORMATIONAL ITEMS 1. Legislative Update: CEO-LA 2. Sacramento Legislative Report 3. Washington Legislative Report JMP113017

2 RECOMMENDED ACTIONS 1. APPROVE Legislative Affairs Program Guidelines (Attachment A) SUMMARY: Approving the 2018 Orange County Legislative Affairs Program Guidelines will allow the County to continue to pursue critical policy initiatives in Sacramento and Washington DC. There are no new proposed changes to the Guidelines for 2018; this document is identical to what your Board approved last year. BACKGROUND INFORMATION: The Legislative Affairs Program Guidelines (Guidelines) serve as a protocol for the Board of Supervisors (Board), County departments/agencies (Departments), CEO office of Legislative Affairs (CEO-LA), and the County s Legislative Advocates to follow. The Guidelines were first adopted by the Board on June 3, 2003 and remained largely in place until a comprehensive review and update of the protocol and procedures was completed and presented to the Board for adoption on November 25, The motion included a directive that going forward, CEO-LA will annually review the Guidelines before bringing to the Board for approval, prior to the start of the legislative sessions in Sacramento and Washington DC, The 2018 Legislative Guidelines remain consistent with the approved 2017 Legislative Guidelines. 2. APPROVE 2018 County Legislative Priorities (Attachment B) SUMMARY Approving the 2018 Orange County Legislative Priorities will allow the County to pursue critical policy initiatives in Sacramento and Washington DC. BACKGROUND INFORMATION: The Orange County Board of Supervisors recognizes the need to protect its interests in Sacramento and Washington, DC. To be effective in this mission, the County develops its Legislative Platform (Platform) with the County Executive Office of Legislative Affairs (CEO-LA) in advance of each twoyear legislative session, in conjunction with the Board, County departments, and the County s state and federal legislative advocates. In addition to the Platform the Orange County Board of Supervisors annually adopts the County Legislative Priorities. The County Legislative Priorities provide goals, which help to focus the legislative and advocacy activities for the upcoming year. On November 22, 2016, your Board approved the County of Orange Legislative Platform, which included the 2017 County Legislative Priorities. Page 2 of 9

3 2018 COUNTY PRIORITIES: There are nine proposed 2018 County Priorities (Priorities) for Board consideration and approval. This list summarizes the direction received from individual meetings with Board members during 2017 and reflect issues of greatest importance to your Board for The proposed 2018 Priorities are listed below, and a full write-up of each can be found in Attachment B. Property Tax Shortfall and Funding Flexibility Homeless Population In Home Supportive Services Funding Port of Entry Status Public Safety Funding Stabilization Flood Control and Watershed Management Healthcare Sober Living Homes Monitoring Nuclear Fuel Storage Issues INFORMATIONAL ITEMS 1. Legislative Update: CEO-LA The tables below summarizes bills the County has taken positions on throughout State Legislation As of Thursday, November 30, 2017 Bill Number Author Subject Position Date of Board Action Status Oppose 5/23/2017 Assembly Floor Inactive Release AB 42 Bonta D Bail: Pretrial AB 90 Weber D Criminal Gangs Oppose 5/9/2017 Chaptered #695 Notes AB 236 Maienschein R CalWORKs: Housing Assistance AB 285 Melendez R Drug and alcohol free residences. AB 346 Daly D Redevelopment : housing Brough R successor: Low and Moderate Income Support 6/27/2017 Chaptered #545 Support 4/25/2017 Assembly Appropriations- Held on Suspense Support 3/28/2017 Chaptered #35 Page 3 of 9

4 Housing Asset Fund AB 572 Quirk-Silva D Sober Living Homes: Pilot Project: Orange County AB 596 Choi R Diversion: Victim s Right to Restitution AB 777 Harper R Vote by Mail Ballots: Fraudulent Signatures AB 851 Caballero D Local agency design-build projects. AB 1095 Harper R Alcoholism or drug abuse recovery or treatment facilities AB 1207 Brough R Radioactive material: transportation AB 1250 Jones- Sawyer D Counties: Contracts for Personal Services AB 1372 Levine D Crisis Stabilization units: psychiatric patients AB 1397 Low D Local Planning: Housing Element: Inventory of land for residential development AB 1455 AB 1459 Bocanegra D Quirk-Silva D California Public Record Act: Exemptions Murder: Punishment AB 1479 Bonta D Public records: supervisor of records: fines SB 2 Atkins D Building Homes and Jobs Act SB 4 Mendoza D Medi-Cal: County Organized Watch 3/28/2017 Senate Health 2 year bill Support 3/14/2017 Assembly Public Safety 2 year bill Support 3/14/2017 Assembly Elections and Redistricting Committee 2 year bill Support 4/25/2017 Chaptered #821 Support 3/28/2017 Assembly Health Committee- 2 year bill Support 4/25/2017 Senate Rules 2 year bill Oppose 6/6/2017 Senate Rules Support 4/25/2017 Senate Floor Inactive Oppose 5/23/2017 Chaptered #375 Oppose 6/6/2017 Chaptered #560 Support 3/14/2017 Chaptered #214 Oppose 4/25/2017 Vetoed Oppose 4/11/2017 Chaptered #364 Oppose 7/11/2017 Chaptered #479 Page 4 of 9

5 Health System: County of Orange SB 10 Hertzberg D Bail: Pretrial Release SB 34 Bates R Residential Treatment Facilities SB 67 Bates R Sentencing: Driving Under the Influence SB 69 Bates R Sex Offenders: GPS Monitoring: Removal SB 75 Bates R Violent Felonies SB 166 Skinner D Residential density and affordability SB 167 Skinner D Housing Accountability Act SB 176 Bates R Controlled Substances: Fentanyl and Carfentanil SB 205 Local Government Local Government Omnibus Act of 2017 SB 264 Nguyen R Highoccupancy toll lanes: Interstate 405 Improvement Project highoccupancy toll lanes. SB 284 Nguyen R Criminal Procedure: Misdemeanor Citations SB 302 Mendoza D Joint Powers Agencies: Orange County Fire Authority: Funds SB 367* Bates R Tidelands and Submerged Lands: County of Orange SB 409 Nguyen R Veterans Homes: Resident with Complex Mental Oppose 5/23/2017 Assembly Appropriations 2 year bill Support 5/9/2017 Senate Appropriations Held on Suspense Support 3/14/2017 Senate Appropriations Held on Suspense Support 2/28/2017 Senate Public Safety Committee - 2 year bill Support 3/14/2017 Senate Public Safety Committee - 2 year bill Oppose 5/23/2017 Chaptered #367 Oppose 5/23/2017 Chaptered #368 Support 2/28/2017 Senate Public Safety Committee 2 year bill Support 5/9/2017 Chaptered #387 Oppose 4/25/2017 Senate Transportation and Housing Committee 2 year bill Support 2/28/2017 Senate Public Safety Committee 2 year bill Oppose 6/27/2017 Chaptered #807 Sponsor/ Support 2/28/2017 Chaptered #332 Support 3/28/2017 Assembly Appropriations Held on Suspense Page 5 of 9

6 Behavioral Health needs SB 610 Nguyen R Wrongful Concealment: Statue of Limitation SB 649 Hueso D Wireless Communication facilities Support 3/28/2017 Chaptered #74 Oppose 5/9/2017 Vetoed SB 665* Moorlach R Elections: Ballot Measures Sponsor/ Support 3/28/2017 Chaptered #75 SCA 12 Mendoza D Counties: Governing Body: County Executive Oppose 6/6/2017 Assembly Rules Federal Legislation Bill Number Author Subject Position Date of Board Action HR 472 Issa R Safe Recovery and Community HR 474 Issa R Interim Consolidated Storage Act of 2017 Status Support 3/28/2017 Subcommittee on the Constitution and Civil Justice Support 6/6/2017 House Committee on Energy and Commerce Notes - Highlighted sections symbolize a status change *Orange County Sponsored Legislation 2. Sacramento Legislative Report Prepared by Amy Jenkins & Nicole Wordelman Sexual harassment remains a focus in the Capitol, with Assemblyman Raul Bocanegra (D-San Fernando) resigning on November 27 th, and Senator Tony Mendoza (D-Artesia) being removed as chair of the Senate Insurance, Banking and Financial Institutions Committee. November 28 th, the Assembly Rules Subcommittee on Harassment, Discrimination, and Retaliation Prevention and Response met for the first time to discuss the Assembly s current policy for reporting sexual misconduct and potential reforms to the system. The hearing lasted more than six hours with Rules Committee chairman, Assemblyman Ken Cooley (D-Rancho Cordova), testifying that the current policy is not achieving its intended purpose. Discussions included proposed approaches and changes to the system including a cooperative process followed by both houses, a report hotline, an Page 6 of 9

7 independent investigator for claims, changes to sexual harassment training, and additional protections for victims and witnesses. Additional hearings on the subject are anticipated in early Senate and Assembly Committees to Hold a Joint Hearing on Disaster Preparedness. The Joint Legislative Committee on Emergency Management, chaired by Senator Hannah-Beth Jackson (D- Santa Barbara), and the Assembly Committee on Communications and Conveyance, chaired by Miguel Santiago (D-Los Angeles), will convene a joint hearing to examine the State s emergency alert systems in the wake of the October fires that ravaged part of Northern and Southern California. The hearing will include presentations from the California Department of Forestry and Fire Protection and the Office of Emergency Services. Local governments impacted by the fires will also have representatives present to provide testimony on current cleanup efforts and the hurdles of rebuilding. The hearing will take place on December 4 th in Sacramento. Fire prevention, suppression and mitigation, as well as broader disaster preparedness issues are expected to be hot topics when the Legislature reconvenes in January. California s Fiscal Outlook. The Legislative Analyst s Office (LAO) released their annual evaluation of California s fiscal situation earlier this month. As usual, their emphasis is on ensuring that the State remains fiscally prudent and encouraging lawmakers and the Administration to save more than is required in preparation for a potential recession. The LAO looked at both the short-term and longterm scenarios in their report, addressing the scenarios if there is continued economic growth or a recession. Short-term, the LAO estimates that will end with $13.7 billion in total reserves, $3.8 billion more than assumed in the Budget Act. So far in , stock market growth has not resulted in a surge in tax payments. Because of this, the LAO anticipates higher than projected revenues for December, January, or April will end with $19.3 billion in total reserves, $11.8 billion required to be deposited into the rainy-day fund and $7.5 billion discretionary. Other short-term projections include the following: In the current year, Medi-Cal expenditures will be less than anticipated due to greater than expected Prop 56 tobacco tax revenues. The Children s Health Insurance Program (CHIP) will be reauthorized by Congress at a higher federal cost share than assumed in the budget. The LAO assumes an 88% federal share of cost versus the 65% adopted in the budget saving $400 million in the current budget year and a similar amount in If Congress doesn t reauthorize CHIP funding, it will cost California $280 million in and $576 million in Three areas will experience spending growth in minimum funding for schools and community colleges ($1.3 billion), Medi-Cal ($2.2 billion), and state employee compensation costs ($1 billion). The managed care organization tax expires at the end of , resulting in a loss of federal funding between $1 and $2 billion. Federal funding for the Medi-Cal optional reduces, increasing Medi-Cal costs by $1 billion by Some uncertainties in the short-term: o Federal renegotiation trade pacts with Mexico and Canada. o Litigation in a national mortgage settlement case in which the State diverted $331 million of settlement funds. o How the State chooses to address a reduction in the inmate population due to Proposition 57. The State could remove all inmates from out-of-state facilities or close a state prison which would be a greater savings to the General Fund. Longer-term scenarios were considered through In terms of a scenario of economic growth, the LAO assumes revenue growth of 5.2% with a relatively flat stock market. This would give the State operating surpluses of $6 billion annually. Page 7 of 9

8 $1 billion annually would be allocated to the rainy day fund annually with a remaining operating surplus of $5 billion per year. Health and human services programs would grow about 7% per year, with both IHSS and developmental services increasing at faster rates than other programs. The minimum school funding guarantee would about 3.8% per year. Under a moderate recession beginning in mid-2019, the State is projected to have enough reserves to cover deficits until After that, additional cuts or revenues would be necessary to cover an $11 billion deficit. Health and human services costs would increase as revenues decrease. As a result, the LAO encourages additional savings during years in which revenues are positive. 3. Washington DC Legislative Report Prepared by Potomac Partners DC This week Congress legislative agenda continued to be primarily focused on tax reform legislation, which is tied to the Fiscal Year 2018 (FY18) budget through the reconciliation process. The House passed their version of a tax reform package (H.R. 1) before Thanksgiving on November 16 th. Meanwhile the Senate worked parallel to pass their own version of tax reform (S. 1). A side-by-side comparison of the two bills shows the following differences: House Bill Senate Bill Highway Trust Fund No solution for long-term deficit No solution for long-term deficit Private Activity Bonds Taxes interest earned on private activity bonds No change Advance Refunding Bonds Taxes interest earned on advance refunding bonds Taxes interest earned on advance refunding bonds Repeals employer deduction for Deduction for Repeals employer deduction for transportation benefits; repeals Commuter Benefits transportation benefits bicycle incentive for individuals Electric Car Credit Repeals tax credit for electric No change In-Service Pension Distributions Healthcare Individual Mandate Repatriation vehicles Permits in-service pension distributions at age 59½ No change Repatriates $293 Billion of foreign corporate earnings No Change Repeals individual mandate Repatriates $184 Billion of foreign corporate earnings Senate Majority Leader Mitch McConnell scheduled the Senate tax reform package to begin debate on Wednesday, which is expected to last around 20 hours. No Democrats are supporting the bill giving Republicans a narrow margin for passage. Using the budget reconciliation process, the bill will not be subject to filibuster and will only need 51 votes for floor passage. The current party divide in the Senate is 52 Republicans and 46 Democrats with 2 Independents that vote with Democrats (52-48). Senator Susan Collins (R-ME) and others met with President Trump on Tuesday to discuss concerns with the tax bill such as the expiration of tax cuts for individuals after 10 years (called sunsets) and the repeal of the individual mandate. Senator Collins was one of the three Senate Republicans to vote against the repeal of the Affordable Care Act over the Summer. During the Tuesday meeting, President Trump said that he would support the Alexander-Murray bill, a bipartisan effort to pass legislation that would stabilize the individual healthcare market. Page 8 of 9

9 Regarding budget and appropriations, much of what happens next will depend on the fate of tax reform in the Senate this week. The government is currently being funded by a Continuing Resolution (CR) that will expire on December 8 th. House appropriators have asked for time to rewrite the appropriations bills to meet new topline spending levels set by the FY18 budget. It is likely that Congress will pass another short-term CR to avoid a government shutdown. However, President Trump indicated Monday that he will not sign any spending packages that do not include funding for a southern border wall. The White House said that a government shutdown could be imminent if Congressional appropriators do not include the funding. Senate Minority Leader Chuck Schumer and House Minority Leader Nancy Pelosi canceled a lunch meeting with the President to discuss an immigration fix for DACA recipients after the remarks. Legislation passed in the House this week included: 1) H.R Fowler and Boskoff Peaks Designation Act (Sponsored by Rep. Scott Tipton (R- CO) / Natural Resources Committee) 2) H.R Gulf Islands National Seashore Land Exchange Act of 2017 (Sponsored by Rep. Steven Palazzo (D-VA) / Natural Resources Committee) 3) H.R Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017, as amended (Sponsored by Rep. Doug LaMalfa (R-CA) / Natural Resources Committee) 4) H.R Superior National Forest Land Exchange Act of 2017, as amended (Sponsored by Rep. Rick Nolan (D-MN) / Natural Resources Committee) 5) H.R st Century Respect Act, as amended (Sponsored by Rep. Hakeem Jeffries (D- NY) / Natural Resources Committee) 6) H.R Law Enforcement Mental Health and Wellness Act of 2017, as amended (Sponsored by Rep. Susan Brooks (R-IN) / Judiciary Committee) Legislation Considered Under Suspension of the Rules: 1) H. Res Requiring each Member, officer, and employee of the House of Representatives to complete a program of training in workplace rights and responsibilities each session of each Congress, and for other purposes (Sponsored by Rep. Barbara Comstock (R-VA) / House Administration Committee) 2) H.R Minnesota s Economic Rights in the Superior National Forest Act, Rules Committee Print (Sponsored by Rep. Tom Emmer (R-MN) / Natural Resources Committee) 3) H.R Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017, Rules Committee Print (Subject to a Rule) (Sponsored by Rep. David McKinley (R-WV) / Energy and Commerce Committee) 4) H.R Ensuring a Qualified Civil Service Act of 2017 (Subject to a Rule) (Sponsored by Rep. James Comer (R-KY) / Oversight and Government Reform Committee) 5) H.R Preserving Access to Manufactured Housing Act of 2017 (Subject to a Rule) (Sponsored by Rep. Andy Barr (R-KY) / Financial Services Committee) If you or your staff have any questions or require additional information on any of the items in this bulletin, please contact Peter DeMarco at Page 9 of 9

10 Attachment A 2018 Legislative Affairs Program Guidelines The County of Orange recognizes the need to protect its interests in Sacramento and Washington, DC. To be most effective, the County of Orange has at its disposal the County Executive Office- Legislative Affairs Unit and the County s Legislative Advocates. Attempts to impact public policy debate are an ongoing challenge. As more entities engage in these debates, the County of Orange must ensure that its Legislative Affairs Program effectively impacts the legislative, administrative and regulatory processes. This document serves as a protocol for the Board of Supervisors (Board), County departments/agencies (Departments), CEO office of Legislative Affairs (CEO-LA), and the County s Legislative Advocates to follow. I. BOARD A. The Board will direct the County s legislative efforts as the elected legislative body with the authority to make policy decisions for the County of Orange. B. The Board will adopt a two-year Legislative Platform corresponding to the state and federal legislative sessions that will direct the County s legislative efforts. C. Any member of the Board may agendize specific issues at any time regarding the County s legislative program or regarding a specific legislative proposal. D. Individual Board members may write correspondence and make public their position on a particular public policy issue. They may not, however, state their position as being a position taken by the County unless the matter has come before the entire Board and a majority has approved it. II. COUNTY EXECUTIVE OFFICE, LEGISLATIVE AFFAIRS PROGRAM A. Overview 1. CEO-LA will provide an independent legislative analysis for the Board. Their responsibility is to serve the Board in an advisory role regarding how to best represent the County s interests in Sacramento and Washington, DC. CEO-LA staff serves under the policy direction of the Board but reports to the County s CEO. 2. CEO-LA has the primary responsibility to identify and monitor bills of interest and influence the legislative process by administrating the County s legislative affairs program in collaboration with Departments. It is the responsibility of the Legislative Advocates to impact the process through their lobbying efforts in Sacramento and Washington, DC. 3. CEO-LA will provide the primary communication link between the Board, Departments and the Legislative Advocates regarding the County s goals on bills of interest. 4. CEO-LA will use the Legislative Platform in addition to Board direction to guide legislative affairs efforts.

11 5. CEO-LA, in conjunction with COO, will monitor Departments to ensure they are operating in a manner consistent with these procedures. 6. CEO-LA will work with designated staff from each Department for the purpose of regularly updating Departments regarding legislative issues. CEO-LA will maintain a list of the designated staff for each Department and will update the list on a regular basis. B. Legislative Platform 1. Every even numbered year, CEO-LA will draft and the Board will adopt a two-year Legislative Platform that corresponds with the state and federal legislative sessions. The platform will communicate key legislative priorities and policies of the County in Sacramento and Washington D.C. and provide policy direction and guidance to Departments and staff. 2. CEO-LA will seek input for the platform from the Board, Departments, the Orange County legislative delegation, local elected officials, and area stakeholders. 3. Every odd numbered year, CEO-LA will work with the Board and Departments to update and revise the platform as necessary. 4. Any change to the Legislative Platform after its adoption must follow the Letter to the Board process outlined in Sec. II.(E) C. County Sponsored Bills Overview 1. The County of Orange may sponsor legislation as a means of accomplishing its policy and priority goals. 2. Before bringing each legislative proposal before the Board, CEO-LA in collaboration with Departments, Legislative Advocates, and County Counsel, as appropriate, will analyze how each legislative proposal would impact the County. 3. In the fall, before each legislative session, the Board will determine the legislative proposals for which the County will seek authors in Sacramento and sponsorship in Washington, DC. 4. Following the Board s decision on which legislative proposals to pursue, CEO-LA in collaboration with Departments, Legislative Advocates and County Counsel will develop bill language/proposal and a background sheet. 5. CEO-LA will work with the County s Legislative Advocates to identify authors/sponsors for each legislative proposal approved by the Board. 6. CEO-LA may work with the County s Legislative Advocates on any technical or minor changes to County sponsored legislation. Any substantive changes under consideration must be brought to the Board for approval.

12 7. CEO-LA will keep the Board and relevant Departments apprised of the status of County sponsored bills. Role in Sponsored Legislation 1. Once an author has been identified, CEO-LA and the Legislative Advocates will work with the author s office to ensure: a. The proposal has been submitted to the California State Legislative Counsel or Congressional staff for drafting. b. A background sheet for each Committee to which the bill has been assigned has been completed and returned to the author s office. 2. CEO-LA and the Legislative Advocates will also: D. Board Direction a. Work to remove any opposition to the bill. b. Work to build support for the bill. c. Work to add co-authors to the bill. d. Communicate with the author s office regarding the bill and provide any additional information or resources necessary. e. Provide the Board with regular updates on the bill s progress. f. Provide affected Department(s) with regular updates on the bill s progress. 1. CEO-LA will work with the Clerk of the Board to place a recurring agenda item (Legislative Bulletin) on the Board s agenda to allow the Board to take immediate action when necessary. 2. CEO-LA will bring before the Board via the Legislative Bulletin any bill deemed by CEO-LA to have a high level of significance due to Board interest, strategic positioning or coalition building. 3. When recommending action on a particular bill, CEO-LA will provide an analysis and a recommended course of action. 4. CEO-LA will provide Board offices with copies of any CEO-LA external correspondence pertinent to the County s legislative affairs efforts. 5. When a Board member identifies an issue of importance requiring action and it is approved by the Board, it will be termed a Board Initiative. Such initiatives represent a major legislative or administrative/regulatory issue of importance to the County and include an action plan with a timeline and desired outcome. Board Initiatives will be tracked in accordance with Sec. II.(L)

13 E. Letter to the Board 1. A letter to the Board is required before consideration of legislation with subject or policy implications that are not included, or are contrary to, the approved Legislative Platform. If the request is made by a Board member, the letter will be placed on the Board s agenda as an attachment to the standing Legislative Bulletin, separate from other legislation under consideration. If the request is generated from a Department, the letter will be evaluated by CEO-LA prior to inclusion in the Legislative Bulletin. 2. The letter can either provide a recommendation on specific legislation by the requesting entity, or it may request that the Board incorporate a new policy into the Legislative Platform on additional matters of importance to the County. 3. CEO-LA will provide an analysis of the legislation or policy as an attachment to the letter. 4. Letters to the Board from Departments must be submitted to CEO-LA at least 14 days prior to a Board meeting. F. Legislative Tracking 1. CEO-LA will identify all bills which relate to the County s Legislative Platform and which may have a direct and specific impact upon the County of Orange throughout the legislative session. CEO-LA will monitor each bill s status and language in coordination with Departments and Legislative Advocates. 2. CEO-LA will develop a complete listing of all of the bills which are being monitored. a. On a monthly basis, while Congress and the State legislature are in session, CEO-LA will provide each Board Office and the CEO with an updated tracking report on county sponsored, position, and high watch bills. b. The Tracking Report will categorize each bill, taking into account its impact on the County, priority level of the bill, and how it correlates with the policy directions of the Board. The categories will be as follows: 1. County Sponsored legislation primarily developed and advocated (or promoted) by the County. 2. County Position bills for which the Board has adopted a position. 3. High Watch bills likely to be recommended for Board consideration or that may have a significant impact on the County. 4. Watch bills identified by Departments or outside organizations as significant, but for which Board action is not yet necessary.

14 G. Bill Analysis 1. CEO-LA will be responsible for the completion of an independent analysis on each bill brought before the Board and for any bill for which a Board office requests an analysis. 2. An analysis of any bill should include the following information as appropriate: H. Board Positions a. The bill number b. The name of the bill s author c. The version of the bill analyzed d. CEO-LA recommended Board action e. The policy question related to the bill f. A summary of the legislative proposal g. Arguments in support of the bill h. Arguments in opposition of the bill i. A list of supporters of the bill j. A list of opposition to the bill k. Impact upon the County- fiscal and other l. Orange County delegation votes/position (if available) m. Background n. Any other information deemed necessary The Board will adopt one of the following positions when considering legislation: 1. Support the bill has a favorable fiscal, policy or operational impact on County programs and is consistent with existing County policy. If the bill is amended, this position remains in effect unless the Board modifies its position. 2. Support if Amended the bill could be beneficial to the County, but has a provision or provisions that make it unacceptable in its present form. If the bill is amended as requested, the County s position changes to Support. 3. Oppose the bill mandates unjustified costs, interferes with efficient administration or operations of County programs, and/or is in conflict with policies adopted by the Board. If the bill is amended, this position remains in effect unless the Board modifies its position. 4. Oppose Unless Amended the bill is undesirable, but can be made unobjectionable by amendment. If the bill is amended as requested, the County s position changes to neutral. 5. Neutral the County has no position. 6. Watch the bill has been introduced as intent language, which may have an impact on the County. If the bill is amended, this position remains in effect unless the Board modifies its position.

15 I. Board Correspondence 1. After the Board adopts a position on legislation, a letter will be sent by the Chair or designee on behalf of the County to the bill s author. 2. A copy of the letter will be provided to the Orange County legislative delegation. 3. Throughout the legislative process a letter with the Boards adopted position will be sent to each committee the bill is assigned to. 4. If the bill is amended after the Board adopts a position and remains consistent with the Board s position, the CEO or designee, of the Legislative Advocate may send a letter reaffirming the County s position. J. Attempts to Impact Legislative Outcomes 1. CEO-LA, to the extent possible, is charged with the task of gaining positive legislative outcomes for the County of Orange. 2. CEO-LA will work to actively seek amendments to legislative proposals for which the Board has taken a Support if Amended, or Oppose unless Amended position. 3. For legislative measures on which the Board has taken a position, CEO-LA will actively work with the County s Legislative Advocates to achieve the desired outcome. 4. CEO-LA may work with the Legislative Advocates to amend legislation prior to Board action if the matter is of an immediate and urgent nature and the requested changes are consistent with the Legislative Platform. K. Testimony and Comments 1. CEO-LA will work with Legislative Advocates to develop strategies on how best to influence the public policy debate through the testimony of the County and comments on proposed rules and regulations. 2. The following are the only individuals authorized to testify on legislative issues: A member of the Board, the Chief Executive Officer or designee, County Legislative Advocates, and Board or CEO-authorized County staff. Such testimony will be aligned with the Board s position on a specific bill and the Legislative Platform. 3. The Board shall have the first opportunity to testify or comment on legislation, rules, or regulations. If the Board chooses not to do so, CEO-LA will coordinate with County Departments to provide testimony or comment when appropriate. 4. CEO-LA and Legislative Advocates will aid in preparing Board members or appointed County staff for testimony before federal or state governmental agencies and/or legislative, Congressional or decision-making bodies.

16 5. CEO-LA will work with Departments to ensure that any prepared testimony they give is consistent with Board policy. CEO-LA will review prepared testimony from Departments prior to presentation. 6. In those instances when a Board member or other County representative is not available, the County s Legislative Advocates will provide testimony on all measures and administrative/regulatory issues on which the County has a position. L. Use of Associations and Coalitions 1. CEO-LA will work to establish coalitions with other legislative units and other associations on legislative issues of interest to the Board. 2. CEO-LA will work to build grassroots support for County positions and County sponsored bills. M. Informational Service 1. CEO-LA will provide the following informational reports to the CEO and the Board: a. Legislative Bulletin Provides recommended action to the Board on legislation, and updates on County sponsored measures or bills of specific interest to the Board. b. Report on Final Legislative Action on State and Federal Bills of Interest to Orange County -- Prepared by the County s Legislative Advocates at the end of each legislative session to summarize the legislative actions taken on County sponsored and position bills. c. Special Reports and Memos -- Prepared, as requested or assigned by the Board, on major legislative subject areas. d. A weekly legislative update on key issues occurring in Sacramento and Washington, DC. e. A Board Initiative matrix, provided as requested. 2. CEO-LA will coordinate the development of the following with the CEO- Budget Office. a. State Budget Analysis -- Prepared as a preliminary analysis of the State Budget. b. State Budget Updates -- Prepared, as needed, to update the Board on the latest budget developments. c. State Budget Adoption Analysis -- Prepared upon the budget s adoption to analyze the consequences of the State s adopted budget on the County s General Fund and programs.

17 N. Other Services CEO-LA will: 1. Administer central contracts for Legislative Advocates; prepare evaluations of County Legislative Advocates and file contract recommendations for consideration by the Board; and, in conjunction with the Sacramento Legislative Advocate, file quarterly reports on lobbying activities with the Secretary of State. 2. Schedule meetings as requested between the Legislative Advocates and the Board. 3. Plan, arrange, and attend meetings of the Board with the Orange County Federal and State delegations as requested. N. Comments on Regulations and Proposed Rule-Makings 1. CEO-LA will seek input from Departments regarding the impact of a proposed rule/regulation on the County. 2. If necessary, requests for comments on state or federal rules or regulations will be vetted through the Board to determine whether Members wish to provide comment or testify. III. LEGISLATIVE ADVOCATES A. Legislative Advocates represent the County in Sacramento and Washington, DC, before State and Federal legislative bodies and executive agencies for the general purposes of: 1) expressing County support for, or opposition to, specific measures and explaining the effects of these measures upon Orange County to the appropriate legislators/executive agencies as recommended by the County Executive Office or the Board; 2) providing feedback to appropriate County staff on matters pending before the State and Federal legislative bodies and executive agencies; and 3) advising the Board regarding legislative affairs strategy. B. The specific duties of the County s Legislative Advocates include: 1. Advocate the interests of the County in State and Federal legislation, regulations, and executive actions with members of the Legislature, and State and Federal agencies, departments, boards, commissions, committees, and their staffs. 2. Provide members of the Legislature and their staffs and State and Federal agency staffs, details of the costs and programmatic or procedural impacts of proposed legislation, regulation, or executive action on the County. 3. Monitor, assist and expedite grant applications and advocate on their behalf as requested by CEO-LA. 4. Make recommendations to the CEO-LA and the Board regarding legislative affairs strategy. 5. Draft correspondence to legislators and administrative officials detailing positions adopted by the Board on legislative, administrative, and

18 regulatory matters. 6. Provide annual and monthly written reports to the CEO-LA and the Board with respect to the nature and extent of the services or actions taken on behalf of the County. 7. Maintain close contact with the Board, their staffs, the CEO, and the Legislative Affairs unit to be aware of the County s needs, desires, policies, and impacts relevant to legislative activity. 8. Make presentations concerning legislative activities to the Board. 9. Secure letters of support for legislation and grants. 10. Disclose potential conflicts of interest as soon as possible. (Refer to contract scope of work.) 11. Immediately notify CEO-LA and the Board if being investigated by any government agency, under threat of a lawsuit, or subject to actual litigation that has been filed. C. Legislative Advocates will serve at the policy direction of the Board, but will report to the CEO. IV. COUNTY COUNSEL A. County Counsel advises the County Executive Office, Departments, the Legislative Advocates and the Board on the legal aspects of legislative matters affecting the County. This support includes: V. COUNTY DEPARTMENTS 1. Advise the County Executive Office on procedural matters and application of the Brown Act with respect to special meetings of the Board with Federal or State legislative delegations. 2. Review proposed legislation submitted by Departments, advise the County Executive Office on any legal issues identified, and draft proposed legislation on behalf of the County in conjunction with the County Executive Office. 3. Provide legal support to County Executive Office and Departments on legal issues surfaced through pending legislation or in support of County sponsored legislation. 4. Review language after County sponsored bills are introduced. A. Overview 1. No action may be taken by a Department on any legislation which is in conflict with Board policy, Legislative Affairs Program Guidelines, or the Legislative Platform. 2. A County elected official as an individual member may write letters or make public their position on a particular legislative issue. They shall make the

19 Board aware of all actions they intend to take with respect to legislative and major administrative/regulatory issues. They may not, however, state their position as being that of the County at large. CEO-LA is available to assist in providing this information to the Board via the Legislative Bulletin or other means. 3. Departments will monitor and alert CEO-LA of critical rules, regulations, and legislation introduced in Sacramento or Washington, DC that will impact their Department. 4. Appointed Department heads and/or designees will coordinate all requests for assistance from the County s Legislative Advocates through CEO-LA. 5. Departments shall work through CEO-LA regarding all positions on legislation. 6. Departments will submit an analysis of any legislative proposal to CEO-LA 14 days prior to the desired date of Board consideration. If a Department wishes the Board to take action on a legislative issue, the analysis must be approved by the Department s head. 7. Appointed Department heads may not retain a legislative advocate without Board approval. 8. Departments may provide comments on non-legislative matters that affect the operations, both procedural and technical, of their Departments, without prior Board authorization. 9. Department staff traveling to Sacramento or Washington DC on official business will work with CEO-LA to identify opportunities to promote County legislative and administrative/regulatory goals. B. Written Correspondence Policy for Departments 1. Written correspondence on behalf of the County to elected officials at the federal, state or local level should be transmitted over the signature of the Board. Departments should route such written correspondence through CEO-LA. 2. The Board may delegate authority to originate and transmit letters in support of or in opposition to pending State and Federal legislation only if: a. The Board has taken a specific position that the correspondence addresses. b. It has been reviewed and approved by the County Executive Office in advance. c. Copies must be provided to the Board and CEO-LA by the originating Department before its distribution. 3. If a rule or regulation is deemed significant, CEO-LA will coordinate with Departments on correspondence for Board consideration.

20 C. Testimony 1. All testimony on legislation, rules, or regulations must be aligned with the Board s position and the Legislative Platform. 2. All scheduled testimony of any kind must be communicated to and coordinated with the Board and the CEO-LA prior to the date of the presentation. CEO-LA will notify the Board and Legislative Advocates when appropriate. 3. County staff is authorized to present information of a non-policy nature (information of a technical, operational or factual nature) without prior Board authorization to members, committees and staffs of the Legislature and Congress, and local regional or State governmental decision-making bodies and organizations and associations of which a Department is a member. 4. Departments and County staff seeking to testify regarding legislation or major rules/regulations will seek CEO or Board approval. 5. Departments and staff will submit a written report to CEO-LA regarding the testimony given. This report will include a summary of the testimony, questions asked and answers provided. D. Seeking County Sponsored Legislation or Administrative/Regulatory Changes 1. If a Department would like the County to sponsor a legislative proposal or an administrative/regulatory change, the Department will contact CEO-LA and request that they place the proposal on the agenda for Board consideration. 2. It is the Department s responsibility to provide a background sheet and an analysis for any proposal for which the Department is seeking Board consideration at least 14 days prior to the desired date of Board consideration. The background sheet and analysis will be provided to CEO- LA before the item comes before the Board. 3. Departments will adhere to County and Department goals, objectives, and priorities and the Legislative Platform when developing legislative proposals and administrative/regulatory changes for which they plan to seek Countysponsorship. VI. LEGISLATIVE ADVOCACY BY COUNTY ADVISORY BOARDS AND COMMISSIONS A. A County advisory board or commission may not make a recommendation on pending legislation or on legislative issues to any legislative body other than the Board. B. Those advisory boards or commissions which are specifically mandated to advise certain legislators under the government codes or laws establishing them are exempt from the above provisions. They may forward their recommendations per the requirements of their mandates, and provide a copy to CEO-LA.

21 VII. ADVOCACY WITHIN PROFESSIONAL ORGANIZATIONS/ASSOCIATIONS A. Departments have the authority to work within the framework of County/regional/State/Federal organizations or professional associations to affect pending legislation if in advocating, staff represent a position that is consistent with Board policy and priorities and the Legislative Platform. B. Positions taken by statewide and federal associations on pending legislation, which differs from official County positions, should be brought to the attention of the CEO-LA. C. County personnel who become officers of statewide, regional, or federal professional associations should notify CEO-LA and the Board of their titles and responsibilities. D. Staff and appointed Department heads should coordinate with CEO-LA prior to advancing a position with an organization or professional association of which they are a member.

22 DRAFT ORANGE COUNTY LEGISLATIVE PLATFORM Attachment B 2018 COUNTY PRIORITIES Orange County s philosophy of government is simply put: we support programs that improve outcomes while reducing the financial burden on taxpayers. As the third most densely populated county in the state, Orange County is responsible for implementing a variety of state and local programs for a diverse population. To meet the needs our residents and ensure the health and stability of our communities, the County strives to provide a strong safety net system, while remaining fiscally prudent and accountable to county taxpayers. In furtherance of these objectives, the County has identified the following policy priorities. These goals will help focus our legislative and advocacy activities for Property Tax Shortfall and Funding Flexibility STATE Property tax revenue is the County s largest income source for covering the costs for essential discretionary and mandated programs and is used to fund critical services to a diverse and dynamic population. Because the formula for distributing local property taxes has not changed since 1978, Orange County receives the lowest percentage of property tax revenue of any county in California about six cents on the dollar. Since there are no easy remedies, the County will continue to work with state policy makers and local stakeholders to look for alternative funding sources not new taxes and be more creative in how existing dollars are leveraged and spent. Homeless Population STATE FEDERAL Orange County has invested considerable resources, obtained from a variety of federal, state and local sources, to reduce its homeless population. The County has taken steps forward to provide the safety net for 4,792 residents who lack permanent housing. In October 2016 the County opened its Courtyard Transitional Center, which provides transitional shelter services and wraparound care. In May 2017 the County opened the first phase of Bridges at Kraemer Place, an emergency shelter located in the City of Anaheim. The County is utilizing state and federal resources to implement the HUD Continuum of Care, State Whole Person Care initiative and the Prop 47 grants, while exploring opportunities with local government and private sector partners to leverage resources to develop more shelter, bridge, and permanent supportive and affordable housing. The County is committed to continuing to advocate for its veterans to ensure there are adequate staffing levels to address service needs and maintaining/increasing claims processed to increase funding. Even though the County has taken numerous steps to address the homeless population, a traditional system of care must be expanded to address correctional re-entry and healthcare responses to solve the growing population needs. The County will continue to need financial support in order to meet objectives and ensure successful outcomes for its homeless population. In Home Supportive Services Funding STATE FEDERAL In 2017, the California Department of Finance terminated the Coordinated Care Initiative and the county IHSS Maintenance of Effort cost sharing arrangement. As a result, counties were initially faced with an unprecedented cost shift of over $623 million from the State in the first year, which included $37.8 million to Orange County alone. A short-term agreement to help offset the increased IHSS costs only temporarily delays the full fiscal impact to be absorbed by counties. Without a long-term sustainable solution reached, the growth in IHSS program costs is unmanageable for counties beginning in Fiscal Year 19/20 and is projected to result in a sixyear additional impact of $127 million to Orange County. This will negatively impact programs and services for the County including public safety, health and mental health, homelessness and implementation of child welfare reforms. Additionally, there will be significant impacts to staffing levels that will further impair the County s ability to sustain current levels of service delivery. The County will continue to work with impacted stakeholders to find alternative funding solutions that effectively restructure the program in order to ensure long-term sustainability for both the State and all counties.

23 2018 COUNTY PRIORITIES Continued Port of Entry Status John Wayne Airport s (JWA) application for Port of Entry (POE) status has been pending with United States Customs and Border Protection (CBP) for nearly four years. JWA meets the defined criteria for such a designation but has been repeatedly denied approval by CBP. Approval of POE status would reduce costs for travelers and facilitate more efficient international arrivals and designations at JWA. The County will continue to pursue a legislative or regulatory solution to obtain POE designation. Public Safety Funding Stabilization In keeping with California s fundamental shift from incarceration to rehabilitation within the criminal justice system, Orange County has implemented alternatives to pre-trial and post-conviction incarceration, is utilizing a best practices system in reducing recidivism, and has created a streamlined and efficient system to address responsibilities under the 2011 public safety realignment. However, because of this policy shift, and as additional county administrative and enforcement responsibilities have increased critical state funding the County receives to absorb these changes is lower than what is needed. While Orange County remains committed to protecting the safety and well-being of its residents, additional tools and state and federal resources are needed to maintain and enhance operations of our Sheriff s Department, District Attorney, Probation and Public Defender s Offices. Flood Control and Watershed Management The County, acting as the Orange County Flood Control District, operates water quality programs pursuant to National Pollutant Discharge Elimination System permits, which are issued under a section of the Federal Clean Water Act. Each cycle of permits has imposed stricter and more detailed requirements, triggering the expenditure of greater resources. The County continues to invest in runoff reduction and treatment programs, as well as watershed scale assessment and planning initiatives. Additionally, the County will continue to advocate for and make progress on major flood control infrastructure projects in conjunction with the United States Army Corps of Engineers. Healthcare In Orange County, there are approximately 750,000 Medi-Cal beneficiaries who rely on County services for their health and behavioral health services. The County will consider additional initiatives to address the growing needs of those struggling with physical and behavioral health needs, and seeks greater flexibility from traditional funding sources to do so. The County receives funding through a variety of waivers (i.e. Whole Person Care and Drug Medi-Cal 1115 waivers, Medi-Cal Specialty Mental Health Services 1915b waiver, etc.) and it is unknown how the Administration and Congress will approach existing and renewing waivers in the future. In addition, any changes to the Affordable Care Act, as well as the State s response, may have significant impacts to Orange County. Sober Living Homes Federal, state, and local governments have been faced with challenges establishing regulations and standards regarding sober living homes. In Orange County, sober living homes have resulted in many areas with overcrowded neighborhoods and extensive litigation. The County will continue to advocate for a federal, state or local solutions that will provide residents of sober living homes with a safe and sober home environment that is free of illegal drugs, alcohol abuse and harm while also requiring sober living homes to be licensed and registered and to meet specific standards to preserve neighborhood harmony. Nuclear Fuel Storage ORANGE COUNTY LEGISLATIVE PLATFORM STATE STATE STATE STATE FEDERAL FEDERAL FEDERAL FEDERAL FEDERAL FEDERAL Since the official shut down of the San Onofre Nuclear Generating Station (SONGS) in 2013, efforts have begun to transfer the used nuclear fuel into on-site storage and to eventually remove and dispose of radioactive components and material. The County will continue to advocate for and make progress on interim storage options to enhance safety and security and pursue longer term off-site fuel storage for SONGS. County of Orange