A Publication of the County Executive Office/Legislative Affairs June 5, 2018 Item No. 24 DRAFT 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 2016-2017 Legislative Platform was adopted by Board of Supervisors Minute Order dated November 22, 2016. On June 5, 2018, the Board of Supervisors will consider the following actions: RECOMMENDED ACTIONS 1. Receive and File Legislative Bulletin INFORMATIONAL ITEMS 1. Legislative Update: CEO-LA 2. Sacramento Legislative Report 3. Washington Legislative Report JMP5312018
INFORMATIONAL ITEMS 1. County Position Matrix: CEO-LA The tables below list bills on which the County took a position in 2017-18. State Legislation As of Thursday, May 31, 2018 Bill Number Author Subject Position Date of Board Action AB 572 Quirk-Silva D Sober Living Homes: Pilot Project: Orange County AB 1207 Brough R Radioactive material: transportation Status Watch 3/28/2017 Senate Health 2 year bill Support 4/25/2017 Senate Rules 2 year bill Notes AB 1250 Jones-Sawyer D Counties: Contracts for Personal Services AB 1372 Levine D Crisis Stabilization units: psychiatric patients AB 1765 Quirk-Silva D Building Homes and Jobs Act: Fee Waiver: States of Emergency AB 1804 Berman D CEQA: Categorical Exemption: Infill Development AB 1921 Maienschein R CalWORKs: Housing Assistance AB 1971 Santiago D Mental Health Services AB 2010 Chau D Juvenile Facilities: chemical agents AB 2138 Chiu/Low D Licensing Boards: Denial of Application: Revocation or Suspension of Licensure: Criminal Conviction AB 2156 Chen R Mental Health Services: Gravely Disabled AB 2252 Limon D State Grants: State Grants Administrator Oppose 6/6/2017 Senate Rules - 2 year bill Support 4/25/2017 Senate Floor Inactive 2 year bill Support 3/13/18 Assembly Suspense File Support 3/27/18 Senate Rules Support 3/13/18 Senate Rules Support 4/24/18 Senate Rules Oppose 4/10/18 Assembly Public Safety Oppose 5/22/18 Assembly Floor Support 3/13/18 Assembly Health Failed Deadline Support 3/27/18 Senate Rules Page 2 of 10
AB 2268 Reyes D VLF Fee Adjustment Watch 4/10/18 Assembly Suspense File AB 2442 Santiago D Mental Health Support 4/10/18 Assembly Health Failed Deadline AB 2536 Chen R Orange County Property Crime Task Force Support 5/8/18 Assembly Suspense Failed Passage *AB 2654 Quirk-Silva D Design Build Sponsor 1/23/2018 Senate Governance and Finance *AB 2711 Chen R Funding Equity Sponsor 1/23/2018 Assembly Suspense File AB 2843 Gloria D Mental Health Services Fund Oppose 5/8/18 Assembly Floor SB 10 Hertzberg D Bail: pretrial SB 409 Nguyen R Veterans Homes: Resident with Complex Mental Behavioral Health needs SB 688 Moorlach R Mental Health Services Act SB 902 Bates R Alcoholism or drug abuse recovery or treatment facilities SB 914 Dodd D Construction Manager At Risk Oppose 5/23/2017 Assembly 2 year bill Support 3/28/2017 Assembly Appropriations - Held on Suspense 2 Year Bill Support 4/24/18 Assembly Health Hearing Date: June 12 th Support 4/10/18 Senate Suspense File Support 2/27/2018 Assembly Local Government SB 1103 Bates R Controlled Substances: Fentanyl Hearing Date: June 13 th Support 3/27/18 Senate Public Safety SB 1045 Wiener D Conservatorship Support 4/24/18 Assembly Rules SB 1290 Bates Substance Abuse Disorder Treatment SB 1303 Pan D Coroner: County Office of the Medical Examiner Support 5/8/18 Senate Suspense File Oppose 3/13/18 Senate Floor Page 3 of 10
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 Bill No. 2. Homeless Legislation Update: CEO-LA The tables below lists active legislation from the 2017-18 legislative session relating to homelessness. As of Thursday, May 31, 2018 Sponsor Subject Outside Orgs. Status Board Position Assembly Emergency medical services: AB 1795 Gipson D behavioral health facilities and CSAC Support Suspense File Failed sobering centers Passage AB 1921 Maienschein R CalWORKs: housing assistance. CSAC - Support Senate Rules Support - 3/13/18 Mental health services: involuntary AB 1971 Santiago D CSAC Pending Senate Rules Support 4/24/18 detention; gravely disabled Mental health services: gravely Assembly Health Failed AB 2156 Chen R CSAC Pending Support - 3/13/18 disabled. Deadline Housing: homeless integrated data AB 2161 Chiu D CSAC - Watch Assembly Floor warehouse. Planning and zoning: housing Senate Rules AB 2162 Chiu D CSAC - Watch development: supportive housing. AB 2216 Patterson R Investment in Mental Health Wellness Act of 2013. CSAC Watch AB 2287 Kiley R Mental Health Services Act. CSAC- Pending AB 2325 AB 2333 Irwin D Wood (D) County mental health services: veterans. Office of Emergency Services: behavioral health response CSAC Support in Concept CSAC Watch AB 2442 Santiago D Mental health. CSAC Watch Assembly Appropriations- Suspense File Failed Passage Assembly Appropriations - Suspense File Failed Passage Senate Health Senate Rules Assembly Health Failed Deadline AB 2626 Mullin D Child care services. CSAC - Watch Assembly Floor AB 3171 Ting D Homeless Persons Services Block CSAC Support if Assembly Housing and Support 4/10/18 Page 4 of 10
ACA 11 SB 104 SB 409 Caballero D Committee on Budget and Fiscal Review Nguyen R Grant. Amended Community Development California Middle Class Affordable Housing and Homeless Shelter: funding. CSAC - Watch Assembly Housing and Community Development State government. CSAC Oppose Assembly Budget Veterans homes: services: complex mental and behavioral health needs. CSAC - Watch Assembly Appropriations Suspense File Support - 3/28/17 SB 912 Beall D Housing. CSAC - Support Assembly Rules SB 918 Wiener D Homeless Youth Act of 2018. CSAC - Support Assembly Rules SB 1010 Beall D Parolees: Supportive Housing Pilot CSAC - Pending Senate Floor Consent Program. SB 1045 Wiener D Conservatorship: chronic homelessness: mental health. CSAC - Pending Assembly Rules Support 4/24/18 SB 1152 Hernandez D Hospital patient discharge process: CSAC - Pending homeless patients. Senate Floor - Highlighted sections symbolize a status change 3. Sacramento Legislative Report Prepared by Amy Jenkins & Nicole Wordelman The Budget Conference Committee meets this week to begin resolving differences between the Senate and Assembly s respective budgets. Assemblyman Phil Ting San Francisco will chair the committee this year. Members of the committee are: Senator Holly Mitchell, co-chair D Los Angeles Senator John Moorlach R Costa Mesa Senator Jim Nielsen R Red Bluff Senator Richard Roth D Riverside Senator Nancy Skinner D Berkeley Assemblyman Joaquin Arambula D Fresno Assemblyman Richard Bloom D Santa Monica Assemblyman Rocky Chavez R Oceanside Assemblyman Jay Obernolte R Big Bear Lake As in prior years, the legislative budget committees adopted higher revenues than the Administration, however, they will work out details with the governor prior to sending the negotiated budget to him on June 15 th. The Legislative Analyst s Office (LAO) provided an overview of the differences between the houses and the Administration for review during the first 2018-19 Budget Conference Committee. Generally, the LAO approves of the reserve levels proposed by the Administration and Legislature, as projections show that the State would be prepared to weather a mild recession without drastic spending reductions under any of their plans. In terms of ongoing commitments, the Senate plan contains about $1 billion and the Assembly plan includes $2 billion. Notable ongoing costs include the Senate s CalWORKs proposal and the Assembly s health proposal. Page 5 of 10
The Senate s CalWORKs proposal would increase maximum aid payments over time to reach 50% of federal poverty level. It is anticipated to cost $400 million in the budget year, growing to $1.5 billion by 2021-22. The Senate Budget Committee also adopted cost of living adjustments for SSI/SSP and CalWORKs which will cost $105 million in 2018-19. As previously reported, the Assembly adopted a $1 billion healthcare proposal: $300 million for Covered California premium assistance to 550,000 individuals whose income is between 200% and 400% of federal poverty level (FPL). $200 - $250 million to establish a refundable tax credit for 371,000 people who buy health insurance on the individual market with income levels between 400% and 600% of FPL. $250 million to extend Medi-Cal to undocumented adults between the ages of 19 and 25, who currently meet income-qualifications for Medi-Cal. $26 million to streamline Medi-Cal eligibility to approximately 90,000 uninsured children and 13,000 pregnant women who are enrolling in the Women, Infant and Children Nutrition Program (WIC) through "WIC Express Lane Eligibility." $30 million to allow 20,000 seniors and disabled persons whose income is between 123% and 138% of the FPL to enroll in Medi-Cal. $24 million to extend Transitional Medi-Cal from 6 months to 12 months for families transitioning out of CalWORKs. $50 million to create a payments database for health care services in order to utilize datadriven cost containment and collect data on health care spending and pricing. $84 million to expand the Song Brown program and other healthcare workforce programs for three years to increase the number of health professionals in medically underserved areas. $30 million ($10 million annually for three years) to expand the UC Programs in Medical Education program. Below are some of the larger ticket items that will be up for discussion during Conference Committee. Page 6 of 10
Transportation Budget. The following is a summary of transportation-related items adopted by the Senate and Assembly Budget Subcommittees. SB 1 Local Expenditures: Senate Sub 2 and Assembly Sub 3 adopted place holder budget trailer bill language that would allow cities or counties to borrow from internal funds to advance projects and then reimburse themselves with future SB 1 allocations. Indirect Cost Rate: Senate Sub 2 and Assembly Sub 3 adopted the same compromise on the Self-Help Counties Coalition s proposal to exempt Self-Help counties from Caltrans indirect cost charges. The compromise would cap the rate Caltrans can charge Self-Help counties for indirect costs at 10%. This cap would sunset in three years. SB 1 Repeal. The repeal of SB 1 by a proposed Constitutional amendment initiative is moving toward the ballot. The deadline to submit at least 585,407 signatures was May 21 st. Proponents have submitted their signatures and the raw count by counties totals almost 940,000 signatures. At this point, each county must conduct a random sampling of signatures to verify that sufficient signatures are valid. The deadline for the random sampling is June 25 th. If the random sampling verification results in less than 95% valid rate then the initiative fails to qualify. If the sampling represents between 95%-110% of the required number of signatures, then the Secretary of State will require counties to verify every signature, known as a full check. If the number of signatures represents more than 110% of the required signatures, then the initiative qualifies without the full check requirement. According to the Secretary of State s website, an initiative that meets the signature requirements becomes eligible for the next ballot 131 days prior to next general election. For the SB 1 repeal initiative that 131-day deadline is June 28 th in order to be placed on the November 2018 ballot. If a full check is required, the time required to verify each signature may push the SB 1 repeal initiative to the November 2020 ballot. While the Secretary of State s office regularly updates the progress on the random sampling, it is currently too early to tell if a full check will be required. The verification process may be monitored here, on the Secretary of State s website. 4. Washington DC Legislative Report Prepared by Potomac Partners DC This week was a district work period for both the House and the Senate with no official legislative activity. As it relates to nuclear waste storage authorization legislation, several House Members we have spoken to recently have indicated that there continues to be high-level negotiations with House and Senate leaders on a way forward for both Yucca Mountain and interim storage that could result in a final deal after the elections. With regards to overall fiscal year 2019 appropriations funding, the House and Senate Appropriations Committees have advanced many of the FY19 appropriations bills in an effort to avoid a spending showdown right before the 2018 midterm elections. We expect the remaining bill to be d in the next two or three weeks. Page 7 of 10
The House Appropriations Committee also d the FY19 spending caps for each individual subcommittee. The House allocations are as follows: Agriculture-FDA: $23.3 billion $14 million more than fiscal 2018 Commerce-Justice-Science: $62.5 billion $2.9 billion more than fiscal 2018 Defense: $606.5 billion $17 billion more than fiscal 2018 Energy-Water: $44.7 billion $1.5 billion more than fiscal 2018 Financial Services: $23.4 billion no change from fiscal 2018 Homeland Security: $52.5 billion $4.8 billion more than fiscal 2018 Interior-Environment: $35.3 billion no change from fiscal 2018 Labor-HHS-Education: $177.1 billion no change from fiscal 2018 Legislative Branch: $4.9 billion $180 million more than fiscal 2018 Military Construction-VA: $96.9 billion $4.9 billion more than fiscal 2018 State-Foreign Operations: $46 billion $4 billion more than fiscal 2018 Transportation-HUD: $71.8 billion $1.5 billion more than fiscal 2018 The Senate allocations are as follows: Agriculture-FDA $23.235 billion (compared to the House's $23.3 billion) Commerce-Justice-Science $62.995 billion (compared to the House's $62.5 billion) Defense $607.13 billion (compared to the House's $606.5 billion) Energy-Water $43.76 billion (compared to the House's $44.7 billion) Financial Services $23.69 billion (compared to the House's $23.4 billion) Homeland Security $48.334 billion (compared to the House's $52.5 billion) Interior-Environment $35.853 billion (compared to the House's $35.3 billion) Labor-HHS-Education $179.288 billion (compared to the House's $177.1 billion) Legislative Branch $4.79 billion (compared to the House's $4.9 billion) Military Construction-VA $97.086 billion (compared to the House's $96.9 billion) State-Foreign Operations $46.418 billion (compared to the House's $46 billion) Transportation-HUD $71.417 billion (compared to the House's $71.8 billion) A chart with the current progress of each of the 12 bills is included below: Legislation Agriculture HR 5961 S 2976 Subcommittee Committee Initial Passage Final Passage Approval Approval House Senate House Senate House Senate House Senate Voice 05/09/2018 Commerce/Justice/Science HR 5952 Defense N/Apending Energy and Water Voice 05/22/2018 Roll call 05/16/2018 Roll call 05/24/2018 Roll call 05/17/2018 Became Law Page 8 of 10
HR 5895 S 2975 Voice 05/07/2018 Financial Services N/Apending Homeland Security N/Apending Interior and Environment House Committee Draft voice vote 5/15/18 Labor/HHS/Education N/Apending Legislative Branch HR 5894 Voice Vote: 04/26/2018 Military/Veterans HR 5786 Voice Vote: 04/26/2018 State/Foreign Operations N/Apending Transportation/HUD House Committee Draft Voice 05/16/2018 Voice Vote: 05/22/2018 Roll call 05/16/2018 Roll call 05/24/2018 Voice Vote: 05/08/2018 Voice Vote: 05/08/2018 Roll Call 05/23/18 The House Rules Committee has d notice that HR 8 Water Resources Development Act of 2018 (WRDA) could be considered by the Committee for floor consideration as soon as June 4 th. We are working with several members on several amendments that Orange County Public Works have suggested. Meanwhile, the House Committee on Science, Space and Technology held a field hearing in Orange County at Huntington Beach Civic Center to examine Earthquake Mitigation and reauthorizing the National Earthquake Hazards Reduction Program. The hearing was held on Thursday, May 31 at 2:00pm and the purpose of the hearing was to review the federal National Earthquake Hazards Reduction Program (NEHRP), to examine the strengths, weaknesses, and challenges of the 40-year interagency effort, and to receive recommendations for future reauthorization of the program. Witnesses included Dr. Steven McCabe - Director, National Earthquake Hazards Reduction Program; group leader, Earthquake Engineering Group, NIST, Dr. Stephen Hickman - Director, USGS Earthquake Science Center, U.S. Geological Survey, Dr. Frank Vernon - Research Geophysicist, Institute of Geophysics and Planetary Physics, Scripps Institution of Oceanography, UC San Diego, Page 9 of 10
Mr. Chris D. Poland - Consulting Engineer; NIST Community Resilience Fellow, and Mr. Ryan Arba - Branch Chief, Earthquake and Tsunami Program, California Governor s Office of Emergency Services. Legislation Tracking Bill Number Short Title Latest Action HR 3053 HR 472 HR 5724 Nuclear Waste Policy Amendments Act Safe Recovery and Community Empowerment Act (addressing sober living homes) Restoring Community Oversight of Sober Living Homes Act of 2018 HR 4 FAA Reauthorization Act of 2018 HR 4258 Family Self-Sufficiency Act Passed House, Awaiting Senate Action Awaits Committee Action Introduced 5/9/18 and referred to House Judiciary Committee and House Energy and Commerce Committee Passed in the House, Referred to the Senate Passed in the House, Referred to the Senate S 2330 Earmark Elimination Act of 2018 Introduced 1/22/18 HR 4760 Securing America s Future Act Introduced 1/24/18 S. 2155 The Economic Growth, Regulatory Relief, and Consumer Protection Act Became Law 5/24/18 S. 2320 BUILD Act Introduced 1/18/18 HR 5003 HR 8 To amend the Internal Revenue Code of 1986 to reinstate advance refunding bonds Water Resources Development Act of 2018 (WRDA) Awaits Committee Action Awaits House Floor Vote 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 714-834-5777. Page 10 of 10