BO ARD O F SUPERVISO RS COUNTY OF SAN DIEGO GREG COX First District DIANNE JACOB Second District DAVE ROBERTS Third District AGENDA ITEM RON ROBERTS Fourth District BILL HORN Fifth District DATE: December 13, 2016 TO: Board of Supervisors SUBJECT: 2017 LEGISLATIVE PROGRAM (DISTRICTS: ALL) 28 Overview This is a request for Board direction to the Office of Strategy and Intergovernmental Affairs staff and the County of San Diego’s Sacramento and Washington, D.C. representatives regarding the Board’s 2017 Legislative Program and Policies. Recommendation(s) CHIEF ADMINISTRATIVE OFFICER Adopt the proposed 2017 Legislative Program by taking the following actions: 1. Authorize staff to seek the legislative proposals summarized in the Sponsorship section of the 2017 Legislative Program (Attachment A). 2. Authorize staff to pursue state and federal legislative efforts as detailed in the Priority Issues section of the 2017 Legislative Program (Attachment B). 3. Authorize staff to advocate as directed in the Legislative Policy Guidelines section of the 2017 Legislative Program (Attachment C). Fiscal Impact There is no fiscal impact associated with these recommendations. No additional staff years are required. Business Impact Statement N/A Advisory Board Statement N/A Background Each year the San Diego County Board of Supervisors adopts a Legislative Program that contains a legislative sponsorship platform, state and federal legislative priorities, and policy D4.0 1 SUBJECT: 2017 LEGISLATIVE PROGRAM (DISTRICTS: ALL) guidelines for the upcoming calendar year. The Legislative Program provides policy direction to staff and to the County’s Sacramento and Washington, D.C. representatives regarding advocacy efforts on the Board’s behalf. This direction allows timely input regarding legislation and issues of interest to the County. The Legislative Program consists of the following three components: • • • Legislative proposals that are recommended for Board sponsorship Priority issues at the state and federal levels requiring the County’s attention in the coming year Legislative policy guidelines revised to reflect Board legislative actions taken over the past years and proposals that staff recommend the Board support or oppose upon introduction by others Sponsorship Proposals Each legislative year, the County of San Diego sponsors legislation that will have a significant impact on operations. The Office of Strategy and Intergovernmental Affairs (OSIA) coordinates with departments to propose sponsorship legislation to the Board of Supervisors. The Board may also develop their own legislative sponsorship proposals throughout the legislative year and direct OSIA to add those measures to the Legislative Program. Today’s action recommends County sponsorship of state and federal legislative proposals. OSIA works with the County’s Sacramento and Washington, D.C. representatives to seek members of the California State Legislature or the United States Congress to author the proposals. The Sponsorship Proposals are summarized in Attachment A. Priority Issues The Legislative Program includes information regarding projected state and federal legislative priorities. These priorities help frame the significant areas for advocacy at the state and federal levels throughout the year. The priorities reflect regional, state or nationwide trends that the departments and the Office of Strategy and Intergovernmental Affairs anticipate will become primary areas of concern or interest in the year ahead. The Priority Issues are summarized in Attachment B. Legislative Policy Guidelines There are a number of proposals of interest to the County that may be introduced or sponsored by legislators in Sacramento or Washington, D.C. or by other interest groups and associations. The Legislative Policy Guidelines authorize staff to work with other interested parties if legislation on these policy issues is introduced by someone else. Proposed changes to the Legislative Policy Guidelines (1) reflect Board action in 2016, (2) delete obsolete elements of the guidelines, (3) make the guidelines consistent with other Board policies, and (4) contain proposed departmental updates that warrant attention. The recommended changes to the guidelines are indicated in Attachment D. Proposed additions are underlined and deletions appear as strikeouts. Attachment C is the final clean version of the updated Legislative Policy Guidelines. D4.0 2 SUBJECT: 2017 LEGISLATIVE PROGRAM (DISTRICTS: ALL) Linkage to the County of San Diego Strategic Plan Adoption of the 2017 Legislative Program will provide staff in the Office of Strategy and Intergovernmental Affairs as well as the Sacramento and Washington, D.C. representatives guidance on advocacy efforts on behalf of the County at the state and federal levels. These advocacy efforts will advance the County’s four Strategic Initiatives in the 2016-2021 Strategic Plan, to support Healthy Families, Safe Communities, Sustainable Environments, and Operational Excellence by seeking funding to sustain important programs or more flexibility in the delivery of services to the residents of this region. Respectfully submitted, HELEN N. ROBBINS-MEYER Chief Administrative Officer ATTACHMENT(S) Attachment A – Sponsorship Proposals Attachment B – Priority Issues Attachment C – Legislative Policy Guidelines (clean version) Attachment D – Legislative Policy Guidelines (strikeout version) D4.0 3 SUBJECT: 2017 LEGISLATIVE PROGRAM (DISTRICTS: ALL) AGENDA ITEM INFORMATION SHEET REQUIRES FOUR VOTES: [] Yes [X] No WRITTEN DISCLOSURE PER COUNTY CHARTER SECTION 1000.1 REQUIRED [] Yes [X] No PREVIOUS RELEVANT BOARD ACTIONS: December 15, 2015 Adopted 2016 Legislative Program BOARD POLICIES APPLICABLE: M-1 Legislative Proposals Sponsored by the Board of Supervisors M-2 Legislative Policy: Legislative Advocacy BOARD POLICY STATEMENTS: N/A MANDATORY COMPLIANCE: N/A ORACLE AWARD NUMBER(S) AND CONTRACT AND/OR REQUISITION NUMBER(S): N/A ORIGINATING DEPARTMENT: Chief Administrative Office – Office of Strategy and Intergovernmental Affairs OTHER CONCURRENCES(S): County Counsel CONTACT PERSON(S): Geoff Patnoe Name 619-531-5198 Phone geoff.patnoe@sdcounty.ca.gov E-mail D4.0 Name Phone E-mail 4 Attachment A County of San Diego SPONSORSHIP PROPOSALS 2017 Legislative Program Table of Contents STATE SPONSORSHIP PROPOSALS I. Community Services A. Project Delivery Method: Job Order Contracts II. Finance and General Government A. Relative Culpability III. Health and Human Services A. Warrants for the Temporary Removal of Children IV. Public Safety A. Human Trafficking and the Commercial Sexual Exploitation of Children FEDERAL SPONSORSHIP PROPOSALS I. Health and Human Services A. Refugee Impact Grant Program B. Refugee Services: Results Based Contracting Attachment A County of San Diego SPONSORSHIP PROPOSALS 2017 Legislative Program State Sponsorship Proposals I. Community Services A. Project Delivery Method: Job Order Contracts Seek changes in state law to allow the option to award annual extensions of job order contracts for up to two additional years and the option to award these contracts using the Best Value Source Selection method. II. Finance and General Government A. Relative Culpability Seek a change in law that would require consideration of the relative culpability of the parties when determining liability, damages, and attorneys’ fees, if applicable against public agencies. III. Health and Human Services A. Warrants for the Temporary Removal of Children Seek clarification in state law that will allow, in certain necessary circumstances, a warrant to be obtained from the court for the removal of a child without first going through the petition process. IV. Public Safety A. Human Trafficking and the Commercial Sexual Exploitation of Children (Board Directed) Seek a change in state law that strengthens penalties for crimes related to human trafficking and commercial sexual exploitation especially for those convicted of a crime associated with human trafficking or sexual exploitation on school grounds or within 1,000 feet of a school. 1 Attachment A Federal Sponsorship Proposals I. Health and Human Services A. Refugee Impact Grant Program (Board Directed) Seek to establish a grant that would provide funding or appropriate funding from an existing federal discretionary grant to provide assistance to government agencies and community organizations in San Diego County heavily impacted by Iraqi refugees. B. Refugee Services: Results Based Contracting (Board Directed) Seek a change in federal procedure that would require the federal government to adopt outcome or results based contracting practices with the organizations they fund to provide refugee services. 2 County of San Diego PRIORITY ISSUES 2017 Legislative Program Table of Contents STATE ISSUES 1. 2. 3. 4. 5. 6. 7. 8. Budget Impacts ....................................................................................................................1 Public Safety Realignment/Proposition 47 ........................................................................... 3 Cost of Doing Business........................................................................................................5 Juvenile Justice Design .......................................................................................................6 Proposition 172 ....................................................................................................................7 In-Home Supportive Services ..............................................................................................8 San Pasqual Academy.........................................................................................................9 Affordable Care Act ........................................................................................................... 11 FEDERAL ISSUES 1. 2. 3. 4. 5. 6. 7. Budget Impacts ..................................................................................................................12 Endangered Species Act (ESA) ......................................................................................... 13 Public Safety Border Issues ............................................................................................... 14 Increase in Refugee Arrivals and Associated Impacts ....................................................... 17 Farm Bill – Protection for Regional Agriculture ................................................................... 19 Supplemental Nutrition Assistance Program (SNAP) ......................................................... 20 Temporary Assistance for Needy Families (TANF) Reauthorization................................... 22 STATE AND FEDERAL ISSUES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Wireless Emergency Alerts (WEA)..................................................................................... 23 Continued Funding ............................................................................................................ 25 Fire Prevention ..................................................................................................................29 Water Quality Permits and Unfunded Mandate Requirements ........................................... 32 Water Related Projects ...................................................................................................... 35 Homeland Security/Anti-Terrorism/Disaster Preparedness ................................................ 36 Housing .............................................................................................................................39 Indian Gaming ...................................................................................................................41 Live Well San Diego .......................................................................................................... 44 Funding for Pest and Plant Disease Management ............................................................. 49 Information Sharing ........................................................................................................... 49 Treatment and Research For Alzheimer's Disease ............................................................ 50 Habitat Preservation and Economic Development ............................................................. 50 Veterans and Active Military .............................................................................................. 51 Transportation Infrastructure .............................................................................................. 52 Testing for Beachwater Quality ......................................................................................... 54 Attachment B LEGISLATIVE PROGRAM 2017 PRIORITY STATE ISSUES 1. BUDGET IMPACTS Governor Brown signed the FY 2016-17 State Budget on June 27, 2016. The Enacted Budget includes a $167.1 billion spending plan and notes that by the end of the year the State’s Rainy Day Fund will have a total balance of $6.7 billion. In the Enacted Budget, the State continues its commitment to Public Safety Realignment, schools will benefit from increased revenue as mandated by Proposition 98, money was set aside to the State’s Rainy Day Fund and allocations were made to help address the drought. Despite the current spending plan’s allocations, the State has billions of dollars in liabilities for deferred maintenance on deteriorating infrastructure, as well as pension and retiree health care benefits that will need to be addressed in the future. The Governor continues to caution that any revenue gains California is currently enjoying could be short lived and the State must maintain fiscal discipline. That message of fiscal prudence was received by the State Legislature and it has influenced budget deliberations in recent years. Several issues were left open or unaddressed at the end of the legislative session including a comprehensive transportation funding proposal and funding for affordable housing. In June 2015, Governor Brown called a special session of the California Legislature seeking to enact permanent and sustainable funding to maintain and repair the state’s transportation and critical infrastructure. The State’s current fuel excise tax provides only $2.3 billion, leaving $5.7 billion in unfunded repairs each year. The special session has not been successful so far in addressing the transportation funding crisis. Leadership in the State Legislature and the Governor also sought to fund affordable housing, agreeing to set aside $400 million for housing priorities contingent upon agreement on the Governor’s “by-right” housing proposal, but no agreement was reached during the legislative session. Lastly, in conjunction with the Enacted Budget, State Assembly Bill 1618 was signed by the Governor as a trailer bill to enact the “No Place Like Home” initiative to combat homelessness. The funding for this initiative is a $2 billion bond proposal, with debt financing support from Mental Health Services Act (MHSA) funds. The portion of MHSA funds used could otherwise have been allocated to counties. There will be grants available for this program to support housing for clients who are mentally ill and chronically homeless. Community Services The Enacted Budget continues the suspension of dozens of state mandates, including electionrelated mandates, such as claims for voter registration, absentee ballots and permanent absentee voters, which amount to an estimated $1.7 to $2 million in lost revenue per year. A supplemental appropriation in the FY 2015-16 Enacted Budget was allocated in April of this year to counties for elections administration duties related to conducting the June 7, 2016 Primary Election simultaneously with completing statewide initiative signature verification for the November 8, 2016 General Election. The County of San Diego Registrar of Voters 1 Attachment B submitted a request for reimbursement to the State Controller’s Office and received $1.4 million this October. Health and Human Services The FY 2016-17 Enacted Budget continues to reflect the implementation of the Affordable Care Act (ACA) and in particular, Medi-Cal expansion to have full scope Medi-Cal available to undocumented and non-citizen children. The Enacted Budget includes the on-going efforts in the implementation of Continuum of Care Reform (CCR) with the passage of AB 403 (2015) which has service delivery implications for county mental health, child welfare and probation departments. In addition, the Enacted Budget supports state and federal funding and award authority for various affordable housing and homeless programs. These programs will support homeless population with mental illness, disabilities, CalWORKs eligible families, and families that are part of the child welfare system. Land Use and Environment The County is responsible for maintaining approximately 2,000 miles of roads in the unincorporated area through a variety of tasks including: pavement treatments such as sealants and overlays; culvert repair; curb, gutter and sidewalk repair; guardrail repair or replacement; mowing; tree and brush trimming; safety improvements; capital project design and construction management; and emergency response. The County receives approximately $51 million in gas tax annually to perform this maintenance from the Highway Users Tax Account (HUTA), which is an excise tax per gallon of gasoline. This is a $14 million decrease in the revenue received two years ago. In addition, the County receives a portion of a half-cent sales tax called TransNet which generates approximately $13 million a year for the unincorporated area for transportation improvement projects and maintenance. The County may use up to 30% of this to fund road maintenance; the balance is for congestion relief and improvement projects. Finally, the County receives some funding from the federal government for bridge maintenance projects. Despite these funding sources, the County faces funding challenges to maintain its current system and construct new transportation facilities needed to keep pace with the growing demands on its transportation system. This is in part because of a state and diesel fuel tax that fluctuates up and down in response to fuel prices and which has not kept up with inflationary cost increases as the gasoline tax has not been increased in 20 years. For example, the tax has been reduced 23% in the past two years. In addition, more fuel efficient cars are further reducing gas tax revenues. For example, when gas prices increase, usage decreases, reducing the amount of tax available for road maintenance. Further, as the popularity of fuel efficient cars increases, less gas is being consumed on which a tax is charged. The result of all these pressures on the State gas tax is the County now only receives about half of the revenue needed to properly maintain the County’s roads and the roads are deteriorating. The State Administration and Legislature have recognized the funding shortage for transportation facilities throughout California and have made transportation funding a priority. In 2010 a change was made whereby a portion of the fuel tax received by counties and cities can be indexed as long as the California Board of Equalization approves the increase or decrease. Despite that legislative change, there are constant pressures to roll back any legislative gains. The Governor called a special session of the State Legislature in June 2015 2 Attachment B to address California’s transportation funding backlog. An estimated $135 billion is needed statewide for repairs at both the State and local levels. Proposals include a new vehicle user fee, tapping carbon pollution fees, creating efficiencies in Caltrans, streamlining environmental reviews for infrastructure repairs, extending public-private partnerships for construction, an increased fee on vehicle registration, a new zero emission vehicle registration fee, and increasing the diesel and gas taxes and tying them to inflation. Funds would be used to address maintenance issues, pay for public transit investments and to help make streets more bicycle and pedestrian-friendly. The Governor included a transportation package in his budget proposal, but it was not advanced, and bills introduced during the special session for transportation have to date not been brought forward for a vote. It is unclear whether the Legislature will successfully advance a transportation funding bill in the coming year. In 2013 Governor Brown signed Assembly Bill 1042, which appropriates $9.1 million from the Indian Gaming Special Distribution Fund to the California Gambling Control Commission to provide funding for grants to local agencies. This amount was only half of what had been allocated in past years, but was the same as the 2012 and 2011 allocations. Of these funds, $1.5 million were used for the purpose of local grants for the mitigation of casino impacts in San Diego County. There was no allocation provided in 2014, 2015 and 2016, and none is anticipated in 2017. California’s Food and Agricultural Code specifies that $5.5 million of the California Department of Food and Agriculture’s budget should be allocated solely for high-risk pest exclusion activities. In 2015, the total statewide allocation was about $3.06 million. This allocation is divided among counties to conduct inspections of agricultural commodities and nursery stock entering the state and to slow the spread of nonnative pests and diseases that can threaten the livelihood of local growers and industry members. The statewide underfunding of the program has resulted in San Diego County’s allocation being reduced from over $1.2 million in Fiscal Years 2009-10, 2010-11, and 2011-12 to the current allocation of $795,000 for FY 2016-17. Public Safety Under Criminal Justice Realignment, the California Department of Corrections and Rehabilitation’s adult corrections and supervision populations shifted from the State’s responsibility to counties. Five years into the multiyear implementation of this fundamental shift of responsibilities, the critical justice infrastructure is in place and additional service needs have been identified. Although the County agencies have managed these responsibilities, it is clear that the funding that accompanies this part of Realignment does not address the full service needs of this population. The County agencies primarily impacted by the criminal justice realignment are Probation and the Sheriff, but also included are Health and Human Services, the District Attorney and the Public Defender. As part of 2011 Realignment, funding for Probation juvenile services responsibilities transferred from the State in 2007 and 2009 and support for Trial Court Security moved to reliance on a share of state sales tax. 2. PUBLIC SAFETY REALIGNMENT/PROPOSITION 47: SHIFTS IN CRIMINAL PENTALTIES AND GOVERNMENT AGENCY RESPONSIBILITIES The past five years have seen rapid legislative and voter-enacted shifts in criminal penalties and in custodial and community supervision of offenders. At the national and state level, ideas and efforts for further justice system reforms have a high level of legislative, public and media attention. As shown through Public Safety Realignment and Proposition 47, changes in the law 3 Attachment B and realignment of justice system responsibilities can have a significant fiscal and operational impact on counties. Adequate funding to respond to such impacts is critical. The FY 2016-17 Enacted Budget continued the major realignment and shift of responsibility for criminal offenders from the State to counties. This includes offenders that will serve their full sentence in local custody (Sheriff), or a portion of their term in local custody and a portion under community supervision (split sentence) and offenders released from prison and local custody to county probation for community supervision. Legislation related to the FY 2014-15 Budget Bill, State Assembly Bill 1468, established the presumption of a split sentence to be granted by the court effective January 1, 2015. In 2014, the California State Association of Counties workgroup comprised of several Chief Administrative Officers announced the long term funding formula governing the distribution of these funds to the 58 counties. A funding level equivalent to the revenue available from the dedicated sales tax amount is constitutionally guaranteed per Proposition 30, passed by the voters in 2012. A federal court ruling ordered California to reduce its prison population to 137.5 percent of capacity or approximately 113,720 inmates in certain facilities by February 2016. As of August of 2016, the State inmate population had been reduced to approximately 113,554 which amounts to 135 percent of design bed capacity. Public Safety Realignment could continue to be impacted by additional legislation including bills that impact sentencing and custody options. On November 4, 2014, California voters approved Proposition 47. This voter initiative has led to reduced penalties for multiple crimes, including: commercial burglary, forgery, writing bad checks, petty theft, receiving stolen property, and controlled substance possession. For example, petty thefts, including shoplifting, that are valued under $950 are now misdemeanors and can result in a simple citation by law enforcement. Further, persons who were incarcerated at the time the proposition was approved or had previously been convicted of these reclassified crimes could petition the Superior Court to change their conviction(s) from a felony to misdemeanor. Proposition 47 was anticipated to have a fiscal impact at both the State and local level. The largest impact is expected to occur at the State level, primarily from an ongoing reduction in the prison population, creating net state criminal justice savings. These annual savings to the State are to be transferred from the General Fund into a state fund, the Safe Neighborhoods and Schools Fund, where 25 percent of the funds would go to crime prevention activities in K-12 schools, 10 percent for trauma recovery services, and 65 percent for mental health and substance abuse treatment programs to reduce recidivism. To distribute the recidivism reduction funds, State legislation has created a competitive funding process managed by the Board of State and Community Corrections. The Department of Finance is required to calculate the state level savings annually. Any changes to the ballot language must be amended by a two-thirds vote in both chambers of the Legislature and approved by the Governor. Strategic Initiative: • Safe Communities • Healthy Families 4 Attachment B Action Needed: • Oppose legislation that would involve further shifts of responsibilities from the State to the County level. • Advocate for adequate funding for the housing, services and supervision of offenders released or jailed as part of Public Safety Realignment. • Oppose legislation that limits the authority of counties to administer Public Safety Realignment pursuant to local needs. • Oppose legislation to direct or limit the authority of counties to apply resources received under Public Safety Realignment to address local needs. • Support legislation to expand the authority of the State Department of Corrections and Rehabilitation to enter into contracts with privately operated facilities to house state inmates. • Support legislation that reduces the County’s liability for medical care costs associated with offenders transferred to County responsibility. • Oppose legislation that would make any changes to the Community Corrections Partnerships by any entity other than the County. • Support legislation or administrative efforts to reduce or eliminate the fee charged by the State to counties to house fire camp inmates. • Support legislation that provides local public safety partners tools to address the impact of Public Safety Realignment including but not limited to alternative custody options, bail options, and caps on time spent in local custody. • Oppose legislation that would redirect savings from Proposition 47 away from counties. • Oppose legislation that removes local government control over spending requirements for the State of California savings to be redirected to counties, as defined by the language in Proposition 47. • Support legislation that would increase funding for services to misdemeanor offenders. • Support legislation that would increase funding for services for justice-involved populations. 3. COST OF DOING BUSINESS Child Support Services The Enacted Budget did not provide a Cost of Doing Business (CODB) increase for the local child support agencies; the department has operated with flat funding for over a decade. Over the last fourteen years, the State has denied the County approximately $25.6 million in funding to cover cost increases in the child support program. These funds might have also leveraged additional federal funds. The reduction in funding and failure to provide CODB increases has created the need to severely cut operational costs and balance the budget through attrition. Although service levels have been impacted, the Department of Child Support Services has minimized the impact, and in some areas increased productivity, using strategic planning and business process reengineering and enhanced technology. Health and Human Services Administrative Cost Allocations Counties are legislatively mandated to administer numerous human services programs. State funding for the Cost of Doing Business for many of these services has been frozen at 2001 cost levels, while the cost to counties for administering these programs continues to grow. This is fifteen years of compounded funding shortfalls passed on to counties. The Enacted Budget includes allocation methods for administrative requirements that make no allowance for a Cost of Doing Business assumption. This is an assumption that is an industrystandard and routinely utilized in private and public sectors. Without a revised funding formula 5 Attachment B or additional revenue to keep pace, counties will be challenged in maintaining compliance with service and administrative requirements. Additionally, as counties are subject to various federal performance measures, based on the assumption that they are sufficiently funded to meet program requirements, failure to adequately fund CODB places the State and counties at risk for hundreds of millions of dollars in federal penalties for these programs. Strategic Initiatives: • Safe Communities • Healthy Families Action Needed: • Support a budget process for programs that is based on full, current costs, and considers adequate implementation time for automation, training and other necessary operational changes. 4. JUVENILE JUSTICE DESIGN In 1996, in an effort to assess and address the strengths and weaknesses of the juvenile justice system in San Diego County, the Board of Supervisors obtained the first grant awarded to a county by the federal Office of Juvenile Justice and Delinquency Prevention to develop a comprehensive strategy to find new approaches based on best practices to prevent juvenile delinquency. With San Diego’s comprehensive plan as the framework, in 2000 the County developed the Comprehensive Multi-Agency Juvenile Justice Plan, which has functioned as a blueprint for community action and collaboration. In September of 2015, the Board of Supervisors directed the CAO to work with the County’s Juvenile Justice Task Force and Juvenile Justice Coordinating Council to review and update the County’s Comprehensive Multi-Agency Juvenile Justice Plan, with an emphasis to be placed on evidence-based practices that focus on identifying appropriate levels of service and supervision to youth. The underpinning of the County’s juvenile justice system is an array of services that include resources and responses to meet the needs of children and youth. The programs include the Truancy Intervention/Supervision Program, Breaking Cycles, Juvenile Drug Court, Substance Abuse Services, Juvenile Forensic Assistance for Stabilization and Treatment, and Community Assessment Team/Working to Insure and Nurture Girls’ Success. The juvenile justice programs in San Diego County encompass a full spectrum of prevention, diversion, intervention, supervision, treatment, suppression, detention, and after care services. The services provided are highly integrated and specifically designed to be responsive to local needs. Local control of the programs, now supported by funding streams included in 2011 Realignment, is a key priority. Funding is dependent on the level of economic activity and is not tied to service need and there is a continued need for discretionary funding opportunities. Following the realignment of responsibilities to house certain juvenile offenders in 2007 the Division of Juvenile Justice (DJJ) shifted juvenile parole responsibilities to County Probation departments in 2011. Adequacy of funding is still a concern. As part of 2011 Realignment, a share of state sales tax now provides funding for these responsibilities. Funding is dependent on the level of economic activity and is not tied to service need. To successfully transition these youth back to the community there is a need for discretionary funding opportunities. 6 Attachment B Strategic Initiatives: • Safe Communities • Healthy Families Action Needed: • Oppose legislation to transfer the remaining DJJ population to local/county custody. • Oppose legislation that would permanently close all DJJ facilities. • Support legislation and administrative actions that provide adequate funding for the housing, services and supervision of juvenile offenders resulting from Juvenile Realignment. • Support discretionary funding opportunities to augment the 2011 Realignment resources for juvenile justice services. • Support legislation that supports developing strategies that maximize the provision of collaborative and integrated services for at-risk youth and their families. • Support appropriations at a level that will sustain existing and proven programs and allow for an increase in levels of services to meet the needs of children and families. • Support an effective partnership and coordinated efforts between the DJJ, probation departments and juvenile courts in the treatment and incarceration of youthful offenders committed to the DJJ as well as local custody in lieu of DJJ custody, and support legislation which would provide funding opportunities to the County to enhance services for this population. • Support legislation to address the needs of at-risk youth and focusing on best practices in responding to emerging issues and trends in this arena. 5. PROPOSITION 172 The Legislature placed Proposition 172, the Local Public Safety Protection and Improvement Act of 1993, on the November 1993 ballot to permanently extend a half-cent sales tax that would have expired on December 31, 1993. This was done to mitigate, but not fully offset, the $2.6 billion shift of property taxes from counties and cities to local schools and community colleges by providing a dedicated source of revenue to public safety agencies. Special districts that provided fire and life safety services did not have property tax transferred as part of that $2.6 billion loss. In addition, the State shifted another $28 million from the County to Educational Revenue Augmentation Funds (ERAF) in FY 2004-05 and FY 2005-06 as part of the solution to the State budget deficit. Over 57 percent of California voters approved the proposition. In the first full year of funding, the Legislative Analyst’s Office estimated that Proposition 172 would produce approximately $1.5 billion in revenue statewide, leaving a $1.1 billion shortfall. Each fiscal year, Proposition 172 has provided less in revenue than the County of San Diego would have received if the property tax shift had not occurred. The County of San Diego has invested significant resources in fire preparedness and improved coordination of fire services in the unincorporated area. Prior to these investments, the fires of 2003 and 2007 led to calls for the County of San Diego to divert Proposition 172 funds to independent fire districts, at the expense of its public safety agencies including: the Sheriff, District Attorney and Probation. The solution to the need for additional fire resources is not diverting needed revenues from County public safety agencies. Through the San Diego County Fire Authority, the County of San Diego supports a coordinated and strategically resourced response capability throughout 7 Attachment B the unincorporated area, but not at the expense of vital public safety services provided by the Sheriff, District Attorney and Probation Department. Strategic Initiative: • Safe Communities Action Needed: • Assist cities and fire districts in advocating at the state and federal levels for additional fire-related resources. • Oppose efforts to divert Proposition 172 funds to fire districts or cities, which would reduce resources for the County’s public safety services. 6. IN-HOME SUPPORTIVE SERVICES In-Home Supportive Services (IHSS) provides personal care and domestic services to aged, blind or disabled individuals in their own homes. IHSS is funded through a combination of federal, state and county funds. The number of people eligible for IHSS continues to rise as the population ages, with a historical annual growth of five percent over a ten year time period. Continued caseload growth and the resulting increase in costs for the IHSS program threaten an array of safety net services in the health, mental health, and social services arenas. The cost of the program has more than tripled locally, from $75 million in FY 1998-99 to a budget of more than $312 million in FY 2016-17. San Diego County has been chosen as a dual eligible (Medi-Cal/Medicare) demonstration site for older adults and persons with disabilities as part of the Coordinated Care Initiative (CCI), enacted into state law. As part of this process, seven health plans administer both health and social services for this population. State law mandates IHSS to become part of the managed care demonstration project and sets a Maintenance of Effort (MOE) for counties (using 1991 realignment funding) for the cost of IHSS services and administration, which also includes administrative costs for the IHSS Public Authority. Though the MOE appears favorable to counties, in that it identifies an annual cost growth rate of 3.5 percent (well below the historical averages), realignment funding may be insufficient to cover the costs for this program on a long-term basis. Additionally, the Governor has identified financial challenges with CCI; the program is in jeopardy if it does not demonstrate a cost savings. State Funding IHSS ranks as the third largest social-service program in state government and has undergone many changes that have raised concerns and costs for local governments since the 1991 shift in program responsibility from the State to counties. Some of the changes that have taken place over the last 14 years: • • • • • A change to ensure optimal federal funding participation under the federal IHSS Plus Waiver and the 1915 (i) State Medicaid Plan Option. Implementation of a Quality Assurance (QA) program at the County level. Formation of local public authorities and mandate to establish an employer of record (increasing costs for IHSS provider’s wages and benefits). Requirement for counties to perform 90 percent of IHSS eligibility reassessments in a timely fashion. Requirement for counties to perform criminal background checks and provider enrollment activities for IHSS providers. 8 Attachment B • • • • • Initiation of the Community First Choice Program, a federal program that impacts IHSS and brings additional workload impacts as well as a decrease in county costs. CCI, which began in April 2014, directly impacts IHSS and adds additional care coordination responsibilities for IHSS staff with the local Medi-Cal Managed Care groups. If CCI is not cost-effective, the demonstration is expected to cease operation. The Department of Finance could determine CCI has not demonstrated an improved participation level resulting in necessary savings by January 2017; if so, CCI could then cease operating effective January 2018. This would mean the IHSS maintenance of effort and shift of collective bargaining to the Statewide Authority for CCI counties would likely, also end. Shift of collective bargaining authority for IHSS home care workers from the local IHSS Public Authority to the new Statewide Authority. Implementation of the Fair Labor Standards Act (FLSA) for IHSS providers mandating the payment of overtime, wait time, and travel time within specific limitations. Accommodations for blind and visually impaired individuals. These and other administrative responsibilities and tasks have continuously increased the workload. While the MOE remains stable in terms of determining the County share, the future of IHSS is unclear given its dependency upon CCI’s eventual outcome. The approval of the 1915 (j) State Medicaid plan option, which allows the State to offer services to specific populations and to draw down increased federal financial participation (FFP), has also created a new process with additional staff workload. Strategic Initiatives: • Safe Communities • Healthy Families Action Needed: • Oppose increased workload and cost shifts to the County for IHSS programs. This includes further/new across the board service reductions, and any new workload impacts associated with the implementation of provider overtime or other new requirements. • Oppose elimination of Maintenance of Effort (MOE) and cost shifts to the County. • Oppose addition of new requirements for the Coordinated Care Initiative that come without additional funding. 7. SAN PASQUAL ACADEMY San Pasqual Academy, a first-in-the nation residential education program, opened in 2001 to meet the unique needs of adolescent foster youth and to prepare them for self-sufficiency upon exiting the foster care system. The Academy has the capacity to serve up to 184 youth between the ages of 12 to 18 years old, who are dependents of Juvenile Court. Through a unique partnership of public and private agencies, the Academy offers an alternative placement option for foster youth and provides them with a stable, caring home, a quality individualized education, and preparation for independent living. Academy partners collaborate to provide a seamless delivery of residential, education, work readiness and child welfare case management services. Together, the partners create a community for the foster youth to develop and thrive as they move towards exiting the foster care system. 9 Attachment B While San Pasqual Academy is licensed by the State’s Community Care Licensing division as a group home, the distinctive services offered set the program apart from other licensed congregate care facilities. Group homes are licensed on a Rate Classification Level (RCL) scale of 1-14, with a RCL 14 providing the highest level of services and supervision. The Academy, which is licensed as an RCL 9 facility, provides individual, family-style homes for up to eight youth each. Campus administrators, as well as senior volunteers serving as “surrogate grandparents” also live on campus, creating a community set around the school buildings. Youth have access to health and wellness, therapeutic, and independent living skills services on campus. Enrichment activities such as music lessons, intramural sports, outdoor adventures, community service, clubs, etc. are available to the youth by campus partners and philanthropic organizations. Making a long-term commitment to the youth is a part of the Academy’s mission and values, and graduates often return from college to reside in alumni housing during the holidays and school breaks. Youth placed at the Academy have demonstrated significant positive outcomes in regards to high school completion, post-secondary education, transitioning to safe housing, and permanency connections. Recent legislation indicates a trend for congregate care to serve only as a treatment-oriented placement in which foster youth may reside for no more than a year, putting the unique services offered at San Pasqual Academy in jeopardy, as well as the youths’ placement stability. Although the Academy is licensed as a group home, the campus is built around a residential education environment that promotes independence and self-sufficiency while focusing on completing high school, preparing for the world of work and practicing independent living skills. Youth are continuously assessed for family reunification, opportunities to reside in a lower level of care and adoption while at the Academy. In 2015, Assembly Bill 403 (AB 403) was introduced as the legislative vehicle to implement the Administration’s Congregate Care Reform. This bill was based off a report issued by the State in conjunction with the Governor’s January Proposed Budget that outlined the intent and goals of this effort. The report included wording that would have eliminated both San Pasqual Academy and emergency shelters, including Polinsky Children’s Center. Through extensive work, language was drafted and inserted into AB 403 as an amendment to protect San Pasqual Academy and to transition temporary shelter care facilities (such as the Polinsky Children’s Center) into 10-day assessment centers. The Governor signed AB 403 on October 11, 2015. Discussions with the State and stakeholders to implement all facets of AB 403 are ongoing. Included in these discussions will be ongoing efforts to work with the State on preserving the unique model of San Pasqual Academy while making changes necessary to meet the conditions of AB 403. Strategic Initiatives: • Safe Communities • Healthy Families Action Needed: • Oppose legislation that would threaten the unique residential model of San Pasqual Academy as it operates today as a long-term voluntary placement option for San Diego’s foster youth. • Support legislation that would explore and develop alternative placement options for foster youth to include specialized residential education programs for foster youth which maintain the existing Title IV-E licensed group home funding levels for placement. • Support funding to upgrade information technology resources for students at San Pasqual Academy. 10 Attachment B 8. AFFORDABLE CARE ACT In 2010, the federal government enacted the Patient Protection and Affordable Care Act (ACA). The law establishes comprehensive health reforms related to coverage, costs, and care with the goal of increasing the number of Americans with insurance, and cutting the overall costs of health care to individuals and families. The ACA requires most United States citizens and legal residents to have health insurance that can be obtained through government programs, privately purchased, or purchased with or without subsidies through a health benefits exchange (HBEx) referred to in California as Covered California. On October 1, 2013, enrollment for HBEx products began with insurance coverage starting on January 1, 2014. It was originally estimated that 220,000 individuals would be eligible for HBEx insurance in San Diego County. In fact, over 500,000 applications for HBEx insurance were received. One of the major changes related to coverage under ACA is the expansion of the Medicaid program (called Medi-Cal in California). Beginning 2014, there were many changes to eligibility standards, enrollment processes, and outreach for Medi-Cal. Medi-Cal provides health care services to low-income Californians who meet predefined eligibility requirements. Eligibility for Medi-Cal was expanded to cover single adults less than 65 years of age who are at, or below, 138 percent of Federal Poverty Level. In San Diego County, it was estimated that there would be 111,000 applicants who were newly eligible to Medi-Cal and an additional 200,000 who are currently eligible for Medi-Cal but not enrolled. HHSA accepts applications for health insurance and Medi-Cal enrollment in person, on the phone, through U.S. mail, or electronically. Pursuant to Senate Bill (SB) 75 (Chapter 18, Statutes of 2015), Section 14007.8 was added to the Welfare and Institutions Code and amended by SB 4 (Chapter 709, Statutes of 2015) to provide full scope Medi-Cal benefits to individuals under age 19 and who do not have satisfactory immigration status or are unable to establish satisfactory immigration status, effective May 1, 2016. Medi-Cal beneficiaries through various initiatives such as the mandated managed care enrollment for Seniors and People with Disabilities and the Coordinated Care initiative (Dual Eligible Demonstration / Medi-Medi) have been encouraged and, more recently, required to enroll in Managed Care Health plans. Many of the individuals are in Skilled Nursing Facilities (SNFs), such as Edgemoor DP Skilled Nursing Facility which is operated by the County of San Diego. Individuals who call the Covered California Call Center are screened for Medi-Cal eligibility and callers who are San Diego residents and have an individual in their household potentially eligible for Medi-Cal are transferred to HHSA’s Access2Health call center. Residents are also able to call the HHSA Access2Health call center directly. Applications from the Covered California web portal and U.S. mail are forwarded to HHSA for eligibility determination. Healthcare coverage for legal immigrants with less than five years of residency was included in the State budget. However, it is anticipated that individuals who miss the Health Benefits Exchange open enrollment period or choose not to enroll would be able to enroll in County Medical Services, if they meet eligibility requirements. The Community-based Care Transitions Program (CCTP) is a five-year demonstration mandated by Section 3026 of the Affordable Care Act. CCTP, which began in April 2011, provides funding to test models for improving care transitions for high risk Medicare patients. CCTP provided funding to communities across the country to improve transitions of Medicare patients from the inpatient hospital setting to other care settings. The County was awarded a three-year CCTP Program Agreement to serve approximately 20,000 patients each year in 11 Attachment B partnership with thirteen local hospitals. The County’s three-year Program Agreement was scheduled to end on December 31, 2015; however, The Program Agreement will now end January 31, 2017 when all allocated funding has been spent. Strategic Initiatives: • Healthy Families Action Needed: • Support legislation that allows administration of medical procedures at residential and outpatient treatment facilities, including relevant medication therapies, when under the supervision of a licensed medical practitioner. • Support legislation that ensures the timely and adequate payment by Managed Care Health Plans to Skilled Nursing Facility providers for care provided to Medi-Cal beneficiaries. • Support legislation that would limit counties indigent health care responsibilities to individuals ineligible for Medi-Cal or subsidized coverage through the Health Benefits Exchange. • Oppose legislation that would shift funding needed to provide indigent care from counties to the State. • Support legislation that would allow community-based organizations to be reimbursed as Medicare providers for care transitions services. • Oppose legislation that would cut funding for CCTP. • Support legislation that would streamline and connect technology and data systems essential for the implementation of the Affordable Care Act in order to process information and applications in a timely manner. • Support legislation and funding to facilitate the enrollment of inmates in County custody and probationers into Medi-Cal and/or other health insurance options. PRIORITY FEDERAL ISSUES 2017 1. BUDGET IMPACTS Over the last few years, the federal budget process has been tumultuous. Congress has adopted Continuing Resolutions (CR) every year since 2000 as it has failed to adopt the 12 individual appropriations bills that make up the Federal Budget before the start of each new fiscal year on October 1. Occasionally, Congress has passed a CR that continues funding the federal government at current levels for the entire next fiscal year. Congress was unable to pass the FY 2017 appropriations bills before the end of the fiscal year. As a result, Congress passed a CR that will continue to keep the federal government funded until December 9, 2016. Congress will return to Washington, D.C. after the election to continue to work on the FY 2017 appropriations bills. Congress will either pass the FY 2017 bills in an omnibus or several minibuses, or pass another CR that will likely run to February or March of 2017. The foundation of these fiscal crises rests in Congress’s inability to adopt a budget that sets overall spending limits. Congress attempted to resolve this problem with the adoption of the Budget Control Act of 2011, which set spending limits for the next ten years. If Congress failed to adhere to those spending limits, automatic across-the-board spending cuts, known as “sequestration,” would take effect. The first year of sequestration took effect in January 2013 when federal domestic discretionary programs were reduced by 5.1 percent across-the-board. 12 Attachment B Sequestration was suspended for FY 2014 and FY 2015 when an agreement was reached that set spending targets. In late October of 2015, Congress and the President agreed to another two-year budget deal that adjusts the spending caps and again suspends budget sequestration for FY 2016 and FY 2017. In doing so, more than $80 billion in spending was added over two years, to be divided equally between defense and non-defense programs. While these additional resources will help smooth congressional consideration of the FY 2017 appropriations bills, disagreements will continue over partisan policy riders. Just as importantly, the legislation passed in October suspends the federal debt limit until March 2017, taking that fight off the table until after the next President is in office. Slow economic recovery, continuous debate over the budget and federal spending, and politics of the election year are contributing to continued uncertainty of federal funding for programs that directly impact the County of San Diego. Funding for domestic assistance programs, cuts in Medicaid and Medicare that shift costs to local governments, and the future of tax-exempt municipal bonds are at stake. Budget disagreements between the two parties and the two branches of government can be expected for the duration of this Congress and Administration, thereby making advocacy for the preservation of present levels of funding a priority. The sustained prohibition of the Congressional earmarks—the ability for Congress to direct spending for specific projects—has also impacted local governments’ potential receipt of discretionary grant funding. Once the 115th Congress and the new President take office, both the Executive Branch and the Legislative Branch will be controlled by the same political party for the first time since President Obama and the 111th Congress. A unified government, whether controlled by Republicans or Democrats, has historically resulted in an easing of legislative gridlock that has led to the passage of some of the most consequential legislation in recent memory, including the American Reinvestment and Recovery Act of 2009, the Affordable Care Act, the creation of prescription drug coverage under Medicare Part D, and the Bush tax cuts of 2001. Presidentelect Donald Trump has indicated that he will work with the United States Congress to prioritize issues such as infrastructure investment, tax reform and health policy during his Administration which will begin on January 20, 2017. In a climate of sustained federal funding reductions, it will be imperative for the County to focus advocacy efforts on preserving funding for priority federal programs and effecting change in statute or regulation to allow for more flexibility regarding how those funds are allowed to be spent locally. 2. ENDANGERED SPECIES ACT (ESA) The Endangered Species Act (ESA) is intended to protect species that have been determined either endangered or threatened according to assessments of their risks of extinction. The ESA has not been reauthorized since 1992, and efforts to do so have been controversial and complex because it affects the use of federal and non-federal lands and resources, and because decline and loss of species can be seen as a harbinger of broader ecosystem decline. There currently are 60 species in San Diego County listed as rare, threatened, or endangered by the State and federal governments, and there are more species of concern in San Diego than in any other county in the continental United States. To reconcile the often-competing demands of environmental protection and economic development, the County has embraced the multi-species habitat conservation plan approach to protect and recover these species, utilizing the State of California’s Natural Community Conservation Planning (NCCP) program as a vehicle for the effective development of these plans. The NCCP is an unprecedented 13 Attachment B partnership among landowners, environmentalists, local governments and state and federal wildlife agencies to protect permanently entire ecosystems, while also accommodating needed economic activity. Through these efforts, the County has become an acknowledged national leader and model for the implementation of multi-species Habitat Conservation Plans (HCPs). But to ensure their continued success, the following provisions must be codified: • • • • Multi-Species Approach: The most effective way to protect and recover species is through multi-species HCPs that target ecosystems rather than individual species, and in essence represent a suite of recovery actions. Funding for Implementation: A cornerstone of HCPs is funding for the U.S. Fish and Wildlife Service’s Cooperative Endangered Species Conservation Fund (CESCF, also known as Section 6) which funds critical large land acquisitions needed for local jurisdictions to build out the plans. The land acquisitions subaccount of Section 6 was cut from $41 million in FY 2010 to $17.9 million in FY 2014 and FY 2015. In FY 2016 the allocation increased slightly to $19.6 million. Assurances: Local jurisdictions must have “no surprises” assurances that they will not have to amend multi-species HCPs for newly listed or newly discovered species, or for subsequent critical habitat designations. Cost/Benefit Assessment: The ESA requires the U.S. Fish and Wildlife Service (USFWS) to consider scientific data in listing determinations, but not potential economic and social impacts on local communities. USFWS should be required to consider economic and social concerns of local communities in the listing process. Strategic Initiative: • Sustainable Environments Action Needed: • Support legislation that enhances the ability to prepare and implement multiple species HCPs for a more systemic approach to compliance with the ESA. • Support legislation that would provide a guarantee that, once created, a multi-species HCP would not have to be amended to take additional conservation measures even if a new endangered species were discovered in the area. 3. PUBLIC SAFETY BORDER ISSUES The County of San Diego, local governments, schools and health care providers in the region continue to incur millions of dollars in unreimbursed costs because they must either provide services to undocumented immigrants, or they must expend criminal justice resources to apprehend, incarcerate and adjudicate undocumented immigrants who violate laws. San Diego County faces unique challenges due to its proximity to the international border with Mexico. As a border county, San Diego incurs additional costs not shared by non-border counties for health and social services, law enforcement, and environmental impacts. The federal government must provide appropriate resources required to mitigate the impact of expenses generated by a porous international border. Border Violence Violence along the United States (U.S.)/Mexico border has gained international attention. The Obama Administration and the U.S. Department of Homeland Security have recognized the potential for the violence in Mexico to spillover to the U.S. and have put an increased emphasis on the southwest border in response to the cartel violence. San Diego County, because of its 14 Attachment B busy ports of entry and maritime and land borders with Mexico, has one of the highest concentrations of drug trafficking organization presence in the U.S., according to the U.S. National Drug Intelligence Center. In San Diego County, the surge in illicit drug trafficking has spawned a wide range of other crimes being committed in San Diego County ranging from human smuggling, human trafficking, gun trafficking, money laundering, illegal cross-border money transfers, kidnappings for ransom, increased white supremacist group activities, and violence against law enforcement officers. In 2008, the San Diego County Sheriff’s Department spearheaded a regional initiative to obtain funding from the U.S. Department of Homeland Security (DHS) for border-related, intelligenceled crime suppression operations via the Operation Stonegarden (OPSG) grant program. Since then, OPSG in San Diego County has grown from six to 24 local and state law enforcement agencies working in an “all threats, all risk” layered and integrated approach to combating the multi-faceted aspects of border-related crimes. With OPSG funding, the Sheriff's Department greatly expanded its multi-agency, multi-layered border crime suppression activities, which resulted in in a 50 percent increase in highway interdiction operations. Current operations focus on maritime, local surface street and freeway interdiction operations. For the last three years, the grant has funded the multi-agency “Operation Gridlock,” a multi-state operation designed to disrupt the flow of narcotics into the United States. During this period, contraband seized consisted of illegal narcotics, firearms, and currency, indicating that narco-trafficking continues to be a major border security threat in the San Diego County area. Federal grant programs directed towards border crime, such as OPSG and one-time funding from the American Recovery and Reinvestment Act (ARRA), have increased information sharing among federal and local law enforcement agencies; however, grant programs alone are not the solution. Additional resources for local law enforcement and prosecution to combat border-related crime are needed. Ongoing and sustained OPSG funding would allow state and local law enforcement to continue to perform county-wide gang sweeps, freeway interdiction operations, truck checkpoints on major routes in San Diego, increased aerial patrols and surveillance, weapons trafficking checks at U.S./Mexico entry points, maritime smuggling interdiction efforts, and specialized details targeting drug trafficking organizations and any criminal element that would exploit our proximity to the Mexican border in furtherance of their criminal enterprises. Continued OPSG funding would also enable state and local law enforcement to assist in federal drug operations (including those of the Drug Enforcement Administration, Homeland Security Investigations, and Border Patrol). Strategic Initiative: • Safe Communities Action Needed: • Support ongoing funding that would sustain enhanced border-related crime suppression operations conducted by state and local law enforcement agencies. • Support efforts to modify the OPSG grant application cycle such that grant applications are submitted for a multi-year period, instead of on a yearly basis. • Support efforts to increase the nationwide OPSG competitive grant cap. Enforcement of Federal Immigration Statute by Local Law Enforcement Over the last several years, proposals have been introduced in Congress that would have required states and local public safety agencies to become involved in enforcement of federal immigration law. Proposals such as this would result in a substantial unfunded mandate and 15 Attachment B detract from the primary public safety missions and responsibilities of local law enforcement. While the federal Department of Homeland Security has the responsibility of enforcing immigration laws, the role of local government agencies in border control and immigration enforcement is likely to continue to be a topic of discussion during the debate on immigration reform in Congress. Southwest Border Prosecution Initiative (SWBPI) Southwest Border Prosecution Initiative (SWBPI) reimburses county and state governments for costs associated with the prosecution and pre-trial detention of federally-initiated criminal cases declined by local offices of the U.S. Attorney. The County prosecutes approximately 1,140 cases annually and received reimbursement for handling these cases from 2001 until 2014. The SWBPI is excluded from the President’s FY 2017 Budget. It is crucial that these funds be reinstated in the future, as supported by claims for actual federally-initiated cases to continue to prosecute those federally initiated cases. State Criminal Alien Assistance Program (SCAAP) Over the last eleven years, the Bush and Obama Administrations have proposed to eliminate funding for SCAAP in the annual budget request to Congress. However, Congressional support for the program has remained high, particularly in the California delegation, and or Congress has restored funding each year. The President’s FY 2017 budget again proposes to eliminate SCAAP funding. SCAAP was funded in FY 2016 at $210 million, slightly more than FY 2015 at $185 million, but still a reduction from $255 million in FY 2013. Even with this funding however, actual incarceration costs of criminal aliens are much higher and enhanced funding is still a priority issue. Strategic Initiative: • Safe Communities Action Needed: • Support state and federal legislation that would provide funding and/or resources for local law enforcement and the District Attorney to combat border related crime. • Support legislation to authorize and appropriate full reimbursement to the County of San Diego for its costs of apprehending, detaining, adjudicating and providing for defense of adult and juvenile undocumented immigrants in the local criminal justice system. • Support legislation that would increase Department of Homeland Security and Department of Justice agency participation in existing regional task forces and resources dedicated to the San Diego County border to stem the flow of undocumented immigrants, criminal organizations, illegal drugs, firearms and associated criminal activity into the U.S. • Support legislation that would expand military authority to interdict smugglers, and deployment of the U.S. military and the California National Guard during the fire season to reduce the danger of fires caused by undocumented immigrants — by preventing illegal immigration at the border. • Support legislation to provide full reimbursement of verifiable Southwest Border Drug Prosecution Initiative costs for border related arrests made within 70 km of the U.S./Mexico border. • Oppose legislation that would require states and local public safety agencies to enforce federal immigration laws, and penalize them for failing to do so by withholding funding from SCAAP or other federal justice assistance programs. 16 Attachment B • • • • • • • Support legislation that would require the Department of Homeland Security or the Department of Justice agencies such as Immigration and Customs Enforcement (ICE) to share information with local law enforcement. Support legislation that would direct funding from the Social Security Administration “earning suspense file” to the County of San Diego. Support legislation that would require SCAAP funds to be distributed to states no later than 120 days after the last day of the annual application period for such programs. Support legislation that would require SCAAP reimbursements to states and localities for the costs of incarcerating undocumented aliens who have been convicted or charged with criminal offenses, rather than the current reimbursement based on conviction alone. Support legislation that would restructure the guidelines of Section 1011 of the Medicare Modernization Act (MMA) to distribute funding to cover the burden of local hospitals, to address uncompensated emergency medical costs provided to undocumented immigrants. Support legislation to appropriate sufficient funds to reimburse local health care providers, including ambulance providers, for services provided to indigent undocumented immigrants — and termination of the “patient dumping” practices of the Border Patrol. Oppose legislation considered by the Mexican Congress that would decriminalize the possession and consumption of drugs in Mexico. 4. INCREASE IN REFUGEE ARRIVALS AND ASSOCIATED IMPACTS San Diego County has traditionally received a large percentage of new refugees who enter the country and it is designated by the State as a high impacted county. Over the past seven years, San Diego County has continued to be the largest refugee resettlement site in the State of California. The influx of refugees has largely resulted from individuals and families who have come here from Iraq. The current crisis surrounding the Syrian refugees prompted the President to announce in September of 2015 that the United States would accept at least 10,000 Syrian refugees into the United States. Later that same month the Administration also announced it would be raising the cap on overall refugee admissions from 70,000 in 2015 to 85,000 in 2016. In San Diego County, this decision resulted in an increase of refugee arrivals from 2,519 in 2015 to 3,228 in 2016, including a significant increase in Syrian refugees. Refugees previously received services and cash assistance from the Wilson Fish project operated by Catholic Charities and funded by the federal Office of Refugee Resettlement (ORR) during their first few months in the county. After this initial assistance period, refugees were referred to the County of San Diego for both cash assistance (if they are eligible for CalWORKs) and employment services. Due to a change in federal policy, as of February 1, 2010, all individuals who are eligible for CalWORKs are referred directly to the County of San Diego and will no longer receive aid from Wilson Fish. The increase in arrivals and the diversion of refugee clients from Wilson Fish to the County has significant impacts on several County Health and Human Services Agency (HHSA) programs as well as other community services such as affordable housing, education and private healthcare, primarily based in the City of El Cajon. 17 Attachment B The demographic characteristics present two types of challenges that could be better addressed with additional funding: • Many of the refugees have limited English language skills, which makes it difficult to navigate application processes and creates difficulties in accessing services such as CalWORKs. The application process is made more complicated by the lack of translators available to assist the clients. • A culturally competent approach is necessary to serve this population. For example, trauma they have faced in their country of origin require support to access specialty services such as Mental Health. County and community programs are already underfunded, and the population of refugees and the need for culturally competent services is increasing with no commensurate increase in resources. The examples provided below demonstrate that these challenges are shared across public and private sector agencies including the public education system and County’s Health and Human Services Agency. • As of July 2016, there were 14,260 refugees receiving public assistance in San Diego County. 77 percent (10,988) reside in the East Region, predominately in the City of El Cajon. The El Cajon Family Resource Center (FRC) continues to experience a large volume of walk-in clients, a large proportion of which are refugees. Lobby traffic in the El Cajon FRC averages between 900-1,200 clients per day, with many of these clients requiring interpretation services; demand for Arabic language interpreters is particularly high. In order to accommodate these clients, it has been necessary that the County make additional translation services available at the El Cajon FRC. • The County and its partners have made efforts to increase the availability of English as a Second Language (ESL) classes to meet the needs of newly arrived refugees. However, there continues to be a gap between availability and need for classes that will develop language skills in the limited time available to refugee clients receiving public assistance. Without adequate English language skills, newcomers cannot obtain employment and become successfully integrated in mainstream society. • The local public school system (K through 12) reports experiencing difficulty in meeting state standards because many of the refugee school children are not proficient in English and they are failing to pass state tests. • Public health clinics continue to see a large number of refugee patients who need immunizations and struggle to accommodate language needs. • Local mental health agencies are reporting an increase in demand for trauma-therapy and referrals. The County receives two grants from ORR intended to help refugees seek employment and enable them to achieve self-sufficiency. However, the funding is restrictive and not all of the needs can be met with these funds. In addition to requests for more funds to provide mental health services, the County has been receiving input from various stakeholders that more resources for education and health care translation and housing are needed to address the multiple needs of the expanding refugee community in San Diego. From October 1, 2015 to September 30, 2016, the land border crossings in the San Diego region saw approximately 5,000 Haitian migrants enter from Mexico into the United States on humanitarian parole under the federal Cuban Haitian Entrant Program (CHEP). By August of 2016, local churches and community based organizations had been overwhelmed in their attempt to assist these migrants, most of who were in transit to Miami, Florida for permanent residence. On September 22, 2016 the U.S. Department of Homeland Security (DHS) announced that these entrants would now be detained and deported if trying to unlawfully enter 18 Attachment B the country, and that they were now subject to the same process for entry as refugees and asylees. In light of Hurricane Matthew in October of 2016, deportations were halted by DHS. In mid-November, 2016 DHS began to let certain Haitian entrants across the border due to capacity in their detention facilities. Those allowed to cross are assisted by Catholic Charities to either travel to their final destination or apply for federal benefits. Strategic Initiatives: • Safe Communities • Healthy Families Action Needed: • Support adequate and ongoing federal funding to increase self-sufficiency and reduce dependency on welfare and government funded housing programs funded by local governments among refugees in impacted areas including the provision of federal resettlement benefits for longer than the current eight month time frame. • Support adequate and ongoing federal funding to meet the health needs of refugees in impacted areas. • Support adequate and ongoing federal funding to provide stable and affordable housing for refugees in impacted areas. • Support an increase in targeted federal funding to effectively resettle refugees and aid in assimilation. • Support 100 percent federal reimbursement of expenses incurred by local governments and agencies engaged in the refugee resettlement efforts including physical and mental health services, education and social services. • Support a federal planning process that produces a national refugee resettlement plan, in advance of future refugee arrivals, utilizing input from the state and local government. • Support distribution of funding based on the refugee’s current residence rather than his or her point of initial resettlement. • Support legislation that would require full federal funding for refugee services designed to enable refugees to become self-sufficient including language classes, job training and physical and mental health services. • Support legislation that would make current refugees responsible for the relatives whose entry they sponsor. • Support legislation that would provide funding from a federal discretionary grant to provide assistance to government agencies and community organizations in San Diego County heavily impacted by Iraqi refugees. • Support legislation that would require the federal government to adopt outcome or results based contracting practices with the organizations they fund to provide refugee services. • Support a federal plan to respond to the rise in unaccompanied alien children (UAC) arrivals that is humane, timely and responsive to the unique needs of the population, and takes into account impacts to state and local government programs, including but not limited to child welfare, indigent health, and mental health services. • Support legislation that would provide funding from a federal discretionary grant to provide funding to government agencies and community organizations impacted by the unaccompanied alien children (UAC) population. 5. FARM BILL – PROTECTION FOR REGIONAL AGRICULTURE On February 7, 2014, the Agricultural Act of 2014 (Farm Bill) was enacted. The Farm Bill extends important provisions from the 2008 Food, Conservation and Energy Act that amends 19 Attachment B the Plant Protection Act for ongoing efforts to combat pests and diseases that are harmful to the agriculture industry in the United States. Specifically, Section 420, subsection (b) of the Plant Protection Act mandates the Secretary of Agriculture to enter into cooperative agreements with each state department of agriculture and/or political subdivision of the State to carry out biological early plant pest detection and surveillance activities that prevent the introduction or spread of plant pests harmful to agriculture and the environment. The County of San Diego receives Farm Bill funding because it is identified as a high-risk pest pathway due to a number of risk factors, such as: the number of international ports of entry; the international border and the volume of international passengers and cargo; the geographic location and types of agricultural commodities produced that are conducive to agricultural pest and disease; and crop diversity or natural resources, including unique plant species. Section 10007 of the 2014 Farm Bill supports two programs: Plant Pest and Disease Management and Disaster Prevention Programs, and the National Plant Network. The Farm Bill allocated $58.25 million for these programs in fiscal year 2016, of which California will receive $12.3 million. Without Farm Bill funding, pest exclusion programs such as the Detector Dog Teams, who inspect parcel terminals such as FedEx, UPS, and the United States Post Office to detect and prevent illegal introduction of plant pests and diseases that could be detrimental to the County’s $1.8 billion agricultural industry, would not exist. Other programs include Light Brown Apple Moth, Pierce’s Disease Control (Glassy-winged Sharp Shooter), Sudden Oak Death, Pest Detection and emergency response plant health projects. San Diego County’s 2016-17 contracts with the State that receive Farm Bill funding are worth close to $3 million. These programs are crucial to allow San Diego County growers to ship their products to other states in the United States and to other countries, such as Mexico and Canada, while at the same time protecting our local food supply and environment. Strategic Initiative: • Sustainable Environments Action Needed: • Support legislation that provides adequate and ongoing federal Farm Bill funding at the current levels annually to prevent the introduction and establishment of plant pests and disease and provide a comprehensive approach to compliment federal detection efforts. • Support legislation that increases federal Farm Bill funding to fully fund all of the exclusion and detection programs. • Support legislation that increases funding for the Detector Dog Teams so that additional teams may be deployed and all parcel terminals can be covered to prevent the introduction of invasive pests and diseases. • Support legislation that automatically provides funding for USDA oversight of the Farm Bill funding for pest and disease management programs. 6. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) The County of San Diego receives funding from the United States Department of Agriculture (USDA) through the California Department of Social Services (CDSS) for the administration of the Supplemental Nutrition Assistance Program (SNAP), known as the CalFresh program in California with funding through the Agriculture Act of 2014, also known as the Farm Bill. This bill authorizes the continuation of nutrition and agriculture programs including SNAP through FY 2018. The SNAP/CalFresh program is the largest nutrition assistance program administered by the County, and supplements income and improves access to healthy foods 20 Attachment B for families living in poverty. Changes to SNAP program eligibility would hurt already vulnerable populations in San Diego County. One of the causes of obesity is poor nutrition. Families living in poverty often have no choice but to purchase foods that cost less, are easier to preserve, and will curb their hunger to a greater degree due to high caloric content. However, these types of foods tend to have less nutritional value. Altering nutrition habits is partly predicated on having access to healthy foods. Children and families living in poverty often reside in neighborhoods with an abundance of convenience and liquor stores and a lack of grocery stores. Grocery stores typically offer a greater selection of fresh foods and are less expensive than smaller outlets. Many families who have lived in chronic poverty and have not had access or resources to purchase nutritious food may not know how to select nutritious foods. To further promote healthy eating, publicly financed nutrition assistance programs should prohibit the purchase of unhealthy foods with high sugar content and no nutritional value and provide incentives for the purchase and consumption of healthy foods, including fresh fruits and vegetables. The County receives USDA funding through the State of California for the SNAP-Ed nutrition and physical education program. This program is a critical component of the County’s chronic disease prevention efforts related to the Live Well San Diego initiative. Improving access to nutrition assistance programs includes simplifying rules and streamlining the application process to remove unnecessary barriers for eligible low-income working families and vulnerable seniors, and creating a streamlined and user-friendly environment in the County facilities where residents access nutrition assistance and other services. Strategic Initiative: • Healthy Families Action Needed: • Support reporting outcomes from the SNAP Employment and Training Program to provide more accountability. • Support improving the quality of stock provided participating retail stores. • Support use of an immigration status verification system, including integrating CalFresh with federal hub used to verify immigration/citizenship status. • Support increased oversight of the Restaurant Meals Program (RMP). • Support requirement to verify that SNAP benefits are not being paid to deceased individuals. • Oppose elimination of Modified Categorical Eligibility (MCE), which allows eligible SNAP households to be determined categorically eligible. • Oppose changes to limit eligibility to the Standard Utility Allowance (SUA) to households receiving a Low Income Home Energy Assistance Program (LIHEAP). • Oppose restricting SNAP eligibility for traditional college students. • Oppose termination of SNAP advertisements which would limit the ability to provide program outreach. • Oppose elimination of state performance bonuses for SNAP payment accuracy, application timelines and program access. • Support the inclusion of Healthy Incentive Pilots in future legislation. • Support establishment of a Nutrition Incentive Matching Grant Program to collect matching funds from the Farm Bill’s Food Insecurity Nutrition Incentives grant program. • Support the development of a national public assistance database to prevent beneficiaries from receiving payments in more than one state. 21 Attachment B • • Support horizontal integration and allow the use of current data systems (e.g. federal data services hub) to verify information for all programs. Support increasing federal funding and adding Subsidized Employment as a new component for the SNAP Employment and Training Program. 7. TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) REAUTHORIZATION Under the welfare reform legislation of 1996, Temporary Assistance for Needy Families (TANF) replaced the old welfare programs known as the Aid to Families with Dependent Children (AFDC) program. TANF ended federal entitlement to assistance and instead created a block grant that provides States, Territories, and Tribes federal funds each year. The TANF block grant funds cover benefits and services targeted to needy families and helps move recipients into work and turn welfare into a program of temporary assistance. Strategic Initiatives: • Safe Communities • Healthy Families Action Needed: • Support TANF Reauthorization to extend the TANF Program and ensure that any local costs are commensurate with responsibility of counties. • Support state requirement to guarantee child care services to TANF recipients and work-eligible individuals who are employed (subsidized or unsubsidized) or are participating in a work activity and who have income below 250 percent of the Federal Poverty Level (FPL). • Support the prohibition of considering financial aid tied to education of a child in determining eligibility or grant amounts for TANF. • Oppose legislation to sanction individuals for failure to engage in work activities if the failure results from the inability to secure child care or after-school arrangements for a child under age 13. • Oppose penalties for failure to meet standards through a merit-based system in the administration of TANF. • Oppose legislation that would ban state use of federal TANF funds to replace state or local spending for non-qualified state expenditures. • Support the ban on providing assistance to families not assigning certain child support rights to the State. • Support legislation to maintain and increase funding for CalWORKs Family Stabilization Program, Expanded Subsidized Employment Program, and CalWORKs Housing Support Program. • Support legislation to maintain domestic violence waivers for Welfare to Work and Time on Aid regulations. • Support legislation that would allow health and nutrition education as approved life skills for Welfare to Work activities. 22 Attachment B PRIORITY STATE AND FEDERAL ISSUES 2017 1. WIRELESS EMERGENCY ALERTS (WEA) WEA is a public safety system that allows customers who own an enabled mobile device (newer phone models have WEA enabled hardware and software installed) to receive text-like messages alerting them of imminent threats to safety in their area. WEA was established pursuant to the Warning, Alert and Response Network (WARN) Act of 2006. WEA enables government officials to target emergency alerts to specific geographic areas through cell towers, which push the information to dedicated receivers in WEA-enabled mobile devices. WEA complements the existing Emergency Alert System (EAS) which is implemented by the Federal Communications Commission (FCC) and Federal Emergency Management Agency (FEMA) through broadcasters and media service providers. Wireless companies volunteer to participate in WEA. WEA is the result of a unique public/private partnership between the FCC, FEMA and the wireless carrier industry with the objective of enhanced public safety. Participating wireless carriers were required to deploy WEA by April 7, 2012. Today authorized national, state or local government officials can communicate alerts regarding public safety emergencies, such as a flash flood warning or a terrorist threat through WEA. WEA authenticates the alert, verifies that the sender is authorized and sends it to participating wireless carriers. Customers do not pay to receive WEA alerts. Customers of participating carriers are automatically signed up, such that no action is required to “opt in” to receiving the messages. WEA allows government officials to send 90 character emergency alerts to all subscribers with WEA-capable devices of participating wireless carriers. Alerts from WEA cover critical emergency alert messages. Consumers will receive three types of alerts: 1. Alerts issued by the President 2. Alerts involving imminent threats to safety or life 3. Amber Alerts After participating wireless carriers push the alerts from cell towers to mobile devices in the affected area, the alerts appear as text-like messages on mobile devices. Alerts are geographically targeted, so a customer living in Los Angeles would not receive a WEA alert message for an emergency in downtown Los Angeles if they happen to be in San Diego when the alert is sent. Similarly, someone visiting Los Angeles from San Diego on that same day would receive the alert. Again, this requires a WEA enabled mobile device and participation by the wireless carrier and the customer hasn’t opted out of receiving messages. In accordance with the minimum requirements of the program one or more wireless carriers have elected to send WEA alert and warning messages countywide rather than targeting a smaller geographical area. Due to complexities and variability in network configurations some wireless carriers have stated an inability to target a smaller, more targeted area while other carriers successfully broadcast the alert and warning messages to specific communities rather than an entire county. 23 Attachment B WEA and San Diego During past disasters which included mass evacuation San Diego County has relied heavily on a mass notification system populated with listed and unlisted landline telephone numbers. As more and more people in our community and nationwide drop landline phone service in favor of cell phone only service, traditional mass notification systems are slowly becoming less effective. These systems require residents to proactively register their mobile phones and participation around the country is dismal. WEA, on the other hand, requires no proactive “optin.” In the years to come it is conceivable that WEA will be a primary means of mass notification and therefore investment and improvements in the system are critical. The County of San Diego, which is 4,206 square miles or roughly the size of the state of Connecticut, encompasses a large geographical area such that alert and warning messages broadcast to the entire county population is largely irrelevant to most residents. Flash floods, fires and other hazards often impact only a small subset of our county’s population. While the major four mobile carriers (AT&T, TMobile, Verizon and Sprint) are able to broadcast WEA messages at the cell tower level rather than to the entire county, numerous smaller mobile carriers comply with the minimum FCC qualifications and broadcast Wireless Emergency Alerts to the entire county. When the federal rules and regulations were developed for the WEA system years ago, it was not known if the cellular networks would be able to target alert messages to an area smaller than an entire county. Therefore rules were implemented which require participating carriers to target a county area, but provides the option to target a smaller area. Any WEA evacuation notice issued by a federal entity should be coordinated with local officials. The National Oceanic and Atmospheric Administration (NOAA) automatically issues prescripted messages for flash flooding, tsunamis and other warnings. The local National Weather Service office has no control or ability to adapt the messages. These messages are problematic particularly in the case of the tsunami warning Wireless Emergency Alert, which directs people to, “Go to high ground and move inland.” Because of the extensive “bleed over” with WEA messaging, a significant potential exists for over evacuations. History in San Diego indicates that most tsunami waves pose little danger beyond the immediate coast. Pre-scripted messages sent from a national office – and directing potentially unnecessary evacuations – pose a real and significant risk to public safety. Strategic Initiative: • Safe Communities State and Federal Action Needed: • Support legislation that requires wireless carriers to participate in WEA and comply with WEA requirements. • Support legislation and/or Rule changes which will require wireless carriers participating in WEA to broadcast alert and warning messages to cell towers surrounding the alert area defined by the “polygon” or the geographical area of the emergency defined on a map. • Support legislation and/or Rule changes that will allow for more precise geotargeting. • Support legislation and/or Rule changes that prohibit national organizations from initiating a local evacuation through WEA messages without the approval of local emergency managers unless it is a matter of national security ordered by the President. 24 Attachment B • • • Support legislation or administrative action that directs NOAA to allow local National Weather Service office personnel to devise WEA messages rather than sending “prescripted” messages from a national office. Support expansion of WEA messages from 90 characters to 360 characters. Support legislation or administrative action that allows phone numbers and URL’s to be used in a WEA message. 2. CONTINUED FUNDING Adult Abuse The Elder Justice Act (EJA), passed in 2010, provided authority to implement a comprehensive national strategy to address elder abuse, neglect and exploitation. Six years later, there is still an unmet need for a system to coordinate elder abuse prevention, response and assistance activities. An estimated 10 percent of older Americans (approximately 5 million people) experience one or more forms of abuse each year, and that number is expected to increase as the senior population grows. Sustained state and federal funding for Adult Protective Services (APS) would enable counties to adequately investigate the continuing increase in the number of reports of abuse perpetrated against elder and dependent adults. Key provisions of the federal Elder Justice Act include: • • • • Direct funding for Adult Protective Services (APS) to enhance, not supplant APS services provided by local realignment funding. An Advisory Board on Elder Abuse, Neglect and Exploitation to create a multidisciplinary strategic plan for elder justice. An Elder Justice Resource Center as a central repository for information and data regarding elder abuse, neglect and exploitation. Funding for training technical assistance, demonstration programs and research to improve ombudsman effectiveness and capacity in addressing elder abuse, neglect and exploitation. State and Federal Action Needed: • Support legislation to provide full funding for APS to enable counties to adequately investigate the reports of abuse perpetrated against elder and dependent adults. • Support legislation that would enact and fully fund the Elder Justice Act to address elder abuse issues and build the capacity of APS programs at the local level. • Support legislation that would provide adequate funding for programs that address elder abuse, including the Social Services Block Grant. Community Development Block Grant Program (CDBG) CDBG supports funding for carrying out a wide range of community development activities directed toward revitalizing neighborhoods and providing improved community facilities and services. The Community Development Block Grant (CDBG) program provides annual grants on a formula basis to entitled counties and cities. In FY 2001-02, the County’s entitlement allocation was $6,742,000. Since that year, CDBG funding has been substantially reduced. For FY 2016-17, the County of San Diego received an allocation of $3,685,803. While this amount was a one and a half percent increase from the prior year’s funding level, the overall trend since FY 2001-02 has been a steady decline in funding. If funding had remained at FY 2001-02 levels, to date the County would have received over $28 million in additional funds to address critical community development projects funded through the CDBG program. 25 Attachment B State and Federal Action Needed: • Support funding for the CDBG program at FY 2010-11 levels of $5,076,476. • Oppose legislation that would reduce the portion below 20 percent of CDBG funds that may be used for administrative expenses. • Support legislation that provides increased Community Development Block Grant funding for projects that improve and/or rehabilitate facilities aimed towards improving the quality of life for senior citizens, disabled, and youth, such as parks, Boys’ and Girls’ Clubs, safe routes to schools and senior centers. Community Services Block Grant (CSBG) CSBG is a federal block grant which funds the operation of a state-administered network of local Community Action Agencies (CAA) that develop anti-poverty strategies, working with economically disadvantaged individuals to achieve self-sufficiency and to improve the conditions of the communities in which they live. The County of San Diego Community Action Partnership (CAP) is the CAA responsible for administering CSBG funds locally. Key programs funded by CSBG in San Diego County include: • • • • • Family Self-Sufficiency Programs, which provide emergency food and shelter resources, employment case management and nutrition education to families at 100 percent Federal poverty level (FPL) and below. School Based Youth Self-Sufficiency Program at O’Farrell Community School that provides supportive services to children and their families living in Southeast San Diego to move toward self-sufficiency. Interfaith Shelter Network, which provides emergency shelter to homeless individuals through a network of congregations located throughout the San Diego region. Emergency Shelter Hotel/Motel Voucher Program, providing vouchers for homeless individuals and families from October through May. Earned Income Tax Credit (EITC) Coalition, which promotes participation in the EITC program and offers free tax preparation and referral to local resources. State and Federal Action Needed: • Support the reauthorization and continuing funding for CSBG programs to adequately support the efforts funded through CSBG. • Maintain block grant structure with emphasis on state and local control of activities to ensure flexibility to address specific local needs identified through community assessments, which the County conducts bi-annually as part of the development of a Community Action Plan (required for application for CSBG dollars). • Allow States to move CSBG eligibility criteria up to 200 percent FPL. • Enhance funding levels and increase opportunities for competitive grants to eligible CAA’s to pilot innovative ideas in addressing the conditions of poverty. Domestic Violence The federal Violence Against Women Act (VAWA) provides funding for key programs in the San Diego region including: • Victim-Witness Assistance Program of the District Attorney – This program provides important information as to how the justice system works and keeps victims informed of the status of their case. Victim advocates provide comprehensive services to crime victims regardless of whether suspect has been identified or if the crime is a misdemeanor or felony. 26 Attachment B • The San Diego region benefits from other VAWA funded programs, including the San Diego Family Justice Center and the Volunteer Lawyers Program. The federal government’s continued support of these local programs through the VAWA grants is critical to ensuring that these services, tailored to meet the needs of the community, remain available for victims. In addition to the federal programs, the region has benefited from state funded domestic violence programs. Domestic violence shelter-based services in the County are dependent on grants administered by the Maternal, Child, and Adolescent Health branch of the State Department of Public Health and The California Governor’s Office of Emergency Services’ (Cal OES) comprehensive statewide domestic violence program. The State Department of Public Health’s Domestic Violence Program has been eliminated. As a result, local domestic violence shelters lost funding for a portion of their budgets. This impacts the number of victims and children served and the level of service provided. Services currently provided include emergency shelter, counseling, advocacy, child care, housing assistance, parenting skills education, emergency food and legal assistance to help victims re-establish their lives and succeed. State and Federal Action Needed: • Support legislation that would provide and/or increase funding to support domestic violence programs. • Support the reauthorization and/or funding for the VAWA at a level that would sustain existing programs funded and increase the level of services supported by the Act. • Support funding for the Shelter-Based Service Grant Program of the Maternal, Child, and Adolescent Health Division of the State Department of Public Health and the comprehensive statewide Domestic Violence Program of Cal OES. • Support legislation to provide funding for programs and services that would help prevent the occurrence of domestic violence incidents in at-risk families and recurrence of domestic violence incidents in high-risk families. • Support funding for teen relationship violence education programs, including programs that begin in elementary schools. • Support legislation that would provide funding to support existing domestic violence programs and to increase the level of services that provide critical victim supports and perpetrator accountability. The Methamphetamine Problem/Prescription Drug Problem Methamphetamine abuse has been an endemic problem in San Diego County since the late 1970’s. In 2014, approximately 37 percent (4,991) of the admissions to publicly funded substance abuse treatment programs identified methamphetamine as the primary drug of choice. In addition, sample drug testing conducted by the San Diego Association of Governments (SANDAG) of adults at the time of booking in county facilities reflected that 45 percent tested positive for methamphetamine. In addition to the use of methamphetamines, prescription drug abuse has escalated in San Diego County. Prescription drugs are easy to get and often end up in the hands of teens and young adults who use them to get high. According to a SANDAG study of juveniles arrested in 2013, 37 percent of juvenile arrestees in San Diego County reported they had abused prescription drugs in their lifetime, and continued to report prescription drugs are easy to obtain. Youth reporting illegal prescription drug use were more likely to have tried other illicit substances and are more likely to turn to heroin. Prescription drugs—pain relievers, tranquilizers, sedatives and 27 Attachment B stimulants—are the drugs most often abused by teens, after marijuana, and abuse increase as they grow older, according to the Office of National Drug Control Policy (ONDCP). The use of various types of synthetic drugs such as bath salts, spice and synthetic marijuana is an emerging drug problem in San Diego County. These products are readily obtained in local retail outlets and youth report they are almost as easy to get as tobacco. They are also difficult to detect by routine drug testing making them attractive to youth and the military. Although labeled “not for human consumption,” they are ingested for their affects causing significant health problems. There was one known death in San Diego County attributed to bath salts in 2014 by the Medical Examiner. Marijuana is the drug of choice by youth in San Diego County. According to the California Health Kids Survey results for 2013, 18 percent of 11th graders reported smoking marijuana in the last 30 days and 31 percent of youth in non-traditional schools reported using marijuana in the previous month. According to SANDAG’s study of juveniles arrested in 2015, over half stated that marijuana was the first substance they ever tried and 93 percent said marijuana was “easy” or “very easy” to obtain. Additionally, the Office of Traffic Safety found in their first ever roadside survey of impaired drivers conducted in 2011, that 7.4 percent of all drivers were positive for marijuana, slightly more than those found positive for alcohol (7.3 percent) in the same survey. Addressing these problems continues to be a challenge due to a shortage of residential treatment capacity resulting in wait times for residential treatment. Successful intervention and treatment has also been hampered by a lack of specific treatment options. However, there are successful County programs that could be expanded to better respond to the methamphetamine and prescription drug abuse problems, including: • • • Drug Endangered Children (DEC) Program – A multi-jurisdictional effort between law enforcement and health and human service programs to protect children victimized by the manufacture of methamphetamine and/or living in drug infested environments. Methamphetamine and prescription specific drug treatment and detox (including culturally and linguistically appropriate services). Speed Into Recovery Program – A targeted prevention campaign to educate specific high risk communities and sectors of the dangers of methamphetamine and the availability of treatment resources. State and Federal Action Needed: • Support legislation that would maintain funding for social work staff in the DEC Program to support children victimized by the manufacture of methamphetamine. • Support legislation that would expand capacity to offer culturally competent and linguistically appropriate, methamphetamine and prescription specific drug treatment and detox services. • Support legislation to fully fund methamphetamine and prescription specific drug treatment and prevention programs. • Oppose legislation that attempts to make further cuts to alcohol and drug treatment funding. • Support legislation that provides funding for counties to install secure and locked drop off boxes where unused medications can be safely disposed of. • Support legislation that seeks to strengthen prescription drug monitoring programs and fraud prevention. 28 Attachment B • • • Support legislation that makes the possession of synthetic drugs often described as bath salts, spice and synthetic marijuana, among others, illegal. Support legislation that would increase penalties for use and possession and aid law enforcement in identifying the compounds of synthetic drugs such as but not limited to bath salts and spice. Oppose legislation that allows for the recreational use of marijuana. Older Americans Act Reauthorization Support the reauthorization and continuing funding for Older Americans Act (OAA) programs to adequately support the aging programs authorized within this Act. Key programs funded by this Act for San Diego County include: • • • • • • • Long-Term Care Ombudsman and Elder Abuse Prevention Elderly Nutrition Program, which provides both congregate and home-delivered meals Social Service programs, including Home and Community-Based Care, Adult Day Programs and other services Evidence-based Health Promotion/Disease Prevention Family Caregiver Support Senior Employment Aging and Disability Resource Centers (ADRCs) State and Federal Action Needed: • Support legislation to provide adequate funding for programs authorized under the Older Americans Act, with consideration given to caseload growth, cost-of-living adjustments and equitable distribution of funds to those areas with large senior populations, to adequately serve increasing senior populations based on up-to-date census data. • Restore and enhance funding to levels prior to the federal sequestration of 2013. • Support legislation to restore and enhance State Title III General Fund allocations to FY 2011 levels for the matching funds and Ombudsman Special Funds that support OAA programs. 3. FIRE PREVENTION California suffers from a wildfire crisis. Roughly 50 percent of the wildfires over 100,000 acres in size have occurred in the past 10 years. The San Diego region has been devastated by two major wildfires, in October 2003 and again in October 2007, in addition to other smaller scale fires that have occurred. The 2016 fire season started early, with a significant fire event in East County in June. Addressing the threat of wildfire to public safety is an ongoing and high priority for fire agencies at all levels; particularly in populated areas. In the wake of the devastating wildfires in 2003 and 2007, the County of San Diego has continued to look at minimizing the risk of wildfires by finding new ways to improve local policies and codes that improve public safety. A systems approach to fire protection is employed by the County and includes areas of focus such as fire suppression (expanding coverage and purchasing equipment), fire and building codes, defensible space, land use planning, education/outreach and damage assessment. In fall 2016, the Board received a report from the Insurance Service Office (ISO). The ISO evaluation resulted in the Fire Authority receiving an “ISO split classification” of 3/3X, which places the Fire Authority in the top 10 percent of classifications in the nation (only 4,607 of 29 Attachment B 48,000 jurisdictions that ISO has evaluated have received a rating of 3 or better) and reflects improved service from the fire stations in the service area. While the County has made significant investments in improving fire protection and resources for the public over the past decade, catastrophic wildfires continue to be a threat to residents, businesses and the environment. Catastrophic wildfires typically have an ignition that occurs when weather, terrain and vegetation conditions align that exceed the fire protection’s ability to control. Of these factors, ignition and vegetation are the two common components where public efforts can mitigate the risk of wildfires. Ignition management focuses on efforts to prevent the spark from occurring, or minimizing the spark’s chance of starting a fire. Both the State and the County have bolstered efforts to vastly improve the fire and building codes that target ignition management. Public education efforts, ongoing by all fire agencies, focus on reducing ignitions. In terms of wildland fire environment, while drought exceeds our ability to manage, the effects of drought can be managed, especially those effects related to dry and highly flammable vegetation conditions. Pest outbreaks, such as bark beetle and golden spotted oak borer, add episodic hazardous fuel conditions to the wildfire. These outbreaks have resulted in widespread infestation levels throughout San Diego County. While GSOB has infested approximately 75,000 acres of oak woodland in San Diego County alone, the aggressive KSHB and PSHB have killed at least 100,000 trees since 2015. These outbreaks have resulted in the county-wide loss of oak woodland, critical endangered species habitat, and have significantly increased fuel loads. In addition, tree mortality from these pests has been as high as 80 percent with some stands experiencing 100 percent. With the loss of overstory trees, grass and shrubs are beginning to colonize these sites resulting in an increase in fuel continuity as well as flammability. Managing and/or mitigating these hazardous fuels to minimize ignitions, especially before hot, dry and windy weather conditions, is paramount for the fire service. Strategic vegetation management activities can improve public safety especially in evacuation corridors and in/near populated areas. In some locations, strategic vegetation management at the landscape level focuses on mitigating wildfires that may negatively impact environmental resources such as watersheds, threatened/endangered species, or cultural resources. The California Department of Forestry and Fire Protection (CAL FIRE) is currently in the process of updating their Vegetation Treatment Program Environmental Impact Report (VTPEIR). This statewide document intends to lower the risk of catastrophic wildfires on nonfederal lands by reducing hazardous fuels and restoring fire resilient landscapes. It also provides opportunities for local governments to tier their strategic vegetation objectives and activities as long as they are consistent with the VTPEIR. For this reason it is crucial that the VTPEIR accurately addresses the needs and concerns of the San Diego region. It is important to note that the aim of treating hazardous fuels is to reduce the flame heights, rates of spread or the amount of energy released from the fire that allows firefighting forces to take prompt and effective action to stop the spread of a wildfire. Given that the wildland fire environment, especially the vegetation conditions, is continuing to grow, dry out and change, there will always be a need for further state and federal action to allow for coordination and management of hazardous fuels and for increasing fire protection for public safety. Strategic Initiatives: • Safe Communities • Sustainable Environments 30 Attachment B State Action Needed: • Support legislation that amends the California Environmental Quality Act (CEQA) to update provisions with the science of forestry. • Support legislation to establish a year-round fire season, including adequate year-round staffing. • Support increased funding and additional staffing for CAL FIRE’s vegetation management program. • Support the inclusion of necessary vegetation management, including chaparral, into the State’s VTPEIR. • Oppose the exclusion of strategies necessary to the San Diego region in the State’s VTPEIR. • Support legislation to continue the Governor’s Executive Order annually until permanent funding for a year-round fire season is established that includes supplemental helicopter staffing and additional firefighter staffing budgeted in the CAL FIRE San Diego budget. • Oppose legislation that imposes any additional state fees or taxes on property and structures in the State Responsibility Area (SRA) for fire prevention or protection. • Support legislation that would increase the stump diameter of trees exempted from timber harvest plans that landowners may harvest near legally permitted structures to reduce the threat of wildfire. • Support legislation that repeals, reduces, or exempts all or specific populations and areas from payment of the State Responsibility Area (SRA) fee. Federal Action Needed: • Support legislation to continue the waiver of a local match to receive funding from the Natural Resources Conservation Service (NRCS) and the United States Forest Service (USFS) to remove dead, dying or diseased trees. • Support legislation or regulations to exempt activities to remove dead, dying or diseased trees caused by insects or drought from compliance with the National Environmental Policy Act (NEPA) and Timber Harvest Plan requirements, when a corresponding state exemption has been ordered by the Governor. • Support legislation and administrative action to allow the use of Next Generation Air Tankers at the Ramona Air Attack Base. State and Federal Action Needed: • Support legislation that provides funding for enhanced fire prevention activities, including vegetation management and removal of dead, dying or diseased trees. • Support legislation that provides for expedited environmental regulations relating to the management of vegetation through strategic treatment on both public and private lands. • Support legislation that authorizes controlled burning on public lands, and improved access roads in remote areas to include an exemption from environmental laws and regulations while taking steps to protect public health and minimize adverse environmental impacts. • Support programs or funding that increase fire prevention or fire suppression activities on state or federal lands. • Support legislation that would continue grant funding directed to local fire agencies for equipment and infrastructure purposes. • Support legislation that would strengthen state and federal laws related to interfering with a firefighter’s ability to extinguish a fire by adding penalties for operating an unmanned aircraft or drone that interferes with firefighting efforts. 31 Attachment B 4. WATER QUALITY PERMITS, UNFUNDED MANDATE REQUIREMENTS AND DEFINITIONS OF REGULATED WETLANDS AND WATERS Federal and state regulations require that municipalities obtain a National Pollutant Discharge Elimination System (NPDES) permit and apply for renewal every five years. Under this permit each municipality must develop a stormwater management program to control the discharge of pollutants into and from the storm drain system to protect local waters. A San Diego Municipal Stormwater Permit (Permit) has been in place for over 20 years, during which it has become increasingly stringent. The San Diego Regional Water Quality Control Board (Regional Board) issued a new Permit in 2013. The 21 Copermittees, which include the County, the 18 incorporated cities in the San Diego region, the San Diego Unified Port District and the Regional Airport Authority, currently spend over $100 million annually to maintain compliance with Permit requirements. Costs to local businesses are also significant, but have not been reliably quantified. The 2013 Permit includes new requirements that will increase costs significantly, development may be constrained and municipalities will be vulnerable to regulatory fines and third-party lawsuits. It is necessary for program goals and requirements to be science-based and proven, or there is a risk that public funds will be spent on program related projects that yield little actual benefit. For example, a far reaching Bacteria Total Maximum Daily Load (TMDL) requirement went into effect in April 2011 for waters in San Diego and Orange Counties. The TMDL establishes a very aggressive 10-year timeline to restore water quality to pristine, pre-development levels in eight highly urbanized San Diego watersheds, and imposes unattainable limits on the amount of bacteria allowed at beaches and creeks. The United States Environmental Protection Agency (EPA) requires states to develop and implement plans to achieve the numeric effluent limitations in TMDLs. The stated purpose of the TMDL is to protect public health, as elevated bacteria levels have been shown to increase the risk of water-related illness in surfers and swimmers. However, the TMDL targets are unattainable and unrealistic. In order to comply with this TMDL, water quality must be restored to a “reference” condition that is equivalent to conditions that existed prior to urbanization. Studies show that current technology is not capable of removing bacteria to levels that would meet these standards during rain events. The TMDL also underestimates the amount of bacteria from uncontrollable natural sources such as wildlife, birds and national decomposition. Some bacteria come from highly pathogenic human sources, but others come from more benign, plant-based environmental sources. The illness risk to swimmers from non-human bacteria sources is not well understood, yet the TMDL treats all bacteria the same. The Bacteria TMDL imposes an enormous new cost on taxpayers. Despite this cost, it is unclear whether any amount of investment would ensure the return of beaches and creeks to conditions that existed prior to development in the region. The San Diego Permit imposes the Bacteria TMDL requirements on the Copermittees, and it is estimated that the cost to attempt to comply with the currently unattainable Bacteria TMDL requirements could be up to $5.1 billion over a 20-year compliance period in the six watersheds for which the County shares water quality responsibility. Efforts to meet the Bacteria TMDL requirements will be in addition to the existing compliance costs. Federal and state regulatory agencies have moved forward to require the implementation of TMDLs without providing or identifying funding for these mandates. Consistent with the direction of the EPA, the Regional Board has made TMDLs enforceable by including them in the new 2013 Municipal Stormwater Permit. The federal Clean Water Act includes a standard that requires municipal storm-sewer 32 Attachment B discharges “to reduce the discharge of pollutants to the maximum extent practicable” (MEP), and the County is concerned that the TMDL requirements may exceed this standard. On September 26, 2012, the Board of Supervisors unanimously approved Board Agenda Item 14, which contended that strategies and implementation under the Permit should focus on achieving maximum results for taxpayer dollars spent. The Board reaffirmed that it shares the common goal of clean water, but would like to see collaboration between the Regional Board and those that will be impacted that promotes reasonable water quality solutions that do not result in disproportionately higher costs to taxpayers and negative impacts on the economy. The County contends that recent permits adopted by state regional boards contain requirements that constitute unfunded mandates and may improperly apply the MEP standard. The County assembled a coalition of regional agencies responsible for stormwater management in seven Southern California counties, business leaders and supporting technical experts to address the increasing cost and complexity of stormwater permits in California. The coalition visited Sacramento and Washington D.C. to meet with policy and lawmakers to discuss how to work in partnership with state and federal regulators, as well as other stakeholders, to develop sustainable stormwater pollution goals and flexible permitting programs that focus on the most important stormwater issues. The County and many other stakeholders, including elected officials from San Diego’s state and federal legislative delegations, communicated concerns about the Permit to the Regional Water Quality Control Board, the State Water Resources Control Board and the Federal EPA in Washington D.C. and at their regional office in Los Angeles. Despite this outreach, the Regional Board adopted the San Diego Permit at its May 8, 2013 meeting. The adopted permit includes the numeric requirements in the Bacteria TMDL in addition to other concerning provisions that will increase the County’s liability. The County is currently appealing the permit, however appeals take time. For example, the County’s appeal of the 2007 permit is still pending. The adopted Permit includes a “reopener” provision, which allows the adopted Permit to be modified if the Regional Board is presented with evidence demonstrating the need to do so. The reopener is expected in 2018. The County will continue to work with the coalition of concerned stakeholders and seek modifications to the permit requirements that would make them science based and consistent with the MEP standard. Copermittees have funded studies that are underway to demonstrate to the Regional Board that the bacteria TMDL is too far reaching and not founded on sound science. The State Water Board regulates wetlands and “Waters of the State” under the federal Clean Water Act and the Porter-Cologne Water Quality Control Act (Porter-Cologne). Under PorterCologne, the Water Boards can take very broad jurisdiction over surface and ground waters, but they do not always assert this authority during the permit application process. Regulation of wetlands and waters affects both private and public development projects, and can increase time and costs on permits and result in increased mitigation. Wetland regulation often overlaps with other federal, state or local regulations that already adequately protect these resources. The State Water Board proposed new “Procedures for Discharge of Dredge or Fill Materials to Waters of the State” (Procedures) to: strengthen protections for waters of the state that are no longer protected under the federal Clean Water Act; address inconsistency across Water Boards in requirements for discharges of dredge or fill material into waters of the state; create a single wetland definition at the state level; and prevent the loss of quantity and quality of wetlands in California. The Procedures were released for public comment in June 2016 and are expected to be adopted in early 2017, unless delays are encountered. 33 Attachment B The new wetland definition from the Procedures is expected to increase the number of areas considered to be a wetland. The definition of wetlands under the Clean Water Act includes three parameters and requires all three to be considered a wetland: hydrology, hydric soils/substrate, and vegetation. The Proposed Procedures would change the wetland definition at the state level by allowing areas to be considered a wetland even if vegetation is lacking. The Procedures also include new application requirements with an extensive section on potential requirements that can be requested on a case by case basis. These changes could make the process more confusing, subjective, time consuming and expensive. The U.S. Army Corps of Engineers currently regulates “Waters of the U.S.” under the federal Clean Water Act. The definition establishing what qualifies as a “Water of the U.S.” has been in place for 25 years, but interpretation of federal jurisdiction has expanded and contracted over the years. The definition of “Waters of the U.S.” is important because it determines where federal agencies have jurisdiction. It affects both private and public development projects and maintenance activities as they have to comply with water quality standards and would need to obtain agency permits for any dredge or fill activity. This could affect the County’s ability to control vegetation overgrowth in County-maintained/operated ditches and flood control channels and to comply with TMDLs, because when drainage features get defined as Waters of the U.S., the additional rules leave less options available for maintenance and installing water quality treatment systems. The U.S. EPA and U.S. Army Corps of Engineers published The Clean Water Rule: Definition of Waters of the United States (Clean Water Rule) in the Federal Register on June 29, 2015 and the rule became effective on August 28, 2015. On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the Clean Water Rule nationwide pending further action of the court. It is expected that there will be ongoing actions related to the Clean Water Rule as considerable opposition has been encountered. Although the U.S. EPA and Army Corps of Engineers assert that they have no intention of expanding jurisdiction under the CWA, the language in the Clean Water Rule is not clear and concerns have been raised that it could be interpreted to expand federal jurisdiction. Other concerns include the potential impact on TMDL compliance, the use of vague terminology, the new definition for tributaries, and a lack of clear exemptions for water conveyance features, ditches, flood control channels, and water quality treatment features. Strategic Initiatives: • Sustainable Environments • Healthy Families • Operational Excellence State and Federal Action Needed: • Support federal and state efforts to align the State Water Code with the federal Clean Water Act, and support legislation that seeks to define limits for further regulatory requirements imposed beyond the maximum extent practicable (MEP) standard. • Support efforts to modify receiving water limitation language included in permits so that compliance is controlled by regulatory agencies and not third party lawsuits. • Oppose any stormwater effluent standards or limitations more stringent than the provisions of the federal statute. • Support federal and state efforts to require science-based justification and a costbenefit analysis to be completed before approval of rulemaking or regulatory requirements. 34 Attachment B • • • • • • • • • • Support federal and state efforts to require and strengthen local participation and input for water quality goals and regulatory programs. Oppose federal and state efforts that would restrict or dilute local control and accountability. Support legislation and amendments to federal and state regulations that would improve the regulation of water quality at the state and regional level by increasing the pool of qualified candidates who can serve on boards that issue water quality permits. Support federal and state efforts to reaffirm that only Congress and the State Legislature have the authority for Clean Water Act related rulemaking legislation and oppose federal and state actions that allow federal and state agencies to make changes to Clean Water Act related statute or promulgate rulemaking through internal guidance or processes. Support federal efforts to further the implementation of the Unfunded Mandates Reform Act (UMRA) of 1995, and state amendments to the California Constitution to more clearly specify what qualifies as an unfunded mandate. Support federal and state efforts that would codify and standardize the procedure to account for the true costs of federal and state mandates. Support federal and state efforts that would provide funding for NPDES and TMDL compliance and implementation efforts. Support federal and state legislation that would require that funding be included with federal and state water quality mandates. Support legislation that would protect waters of the state and improve the quantity and quality of wetlands, while also ensuring that procedures are clear, concise, consistent and strike the appropriate balance between environmental protection and future use and development. Support legislation that would maintain protection under the federal Clean Water Act, while also ensuring that any new definition does not expand federal jurisdiction, fully addresses the impacts to TMDL requirements and includes exemptions for water infrastructure. 5. WATER RELATED PROJECTS There is a need in the unincorporated area of the San Diego region for additional funding for water related projects that ensure water quality, improve wastewater infrastructure, conserve, recycle, and reuse water and mitigate the potential impacts in a flood event. There is also a need to secure funding for the testing of water quality at beaches and bays in San Diego County, including implementation of rapid water quality testing methods such as polymerase chain reaction (PCR). Strategic Initiative: • Sustainable Environments State and Federal Action Needed: • Support state and federal funding for wastewater collection, treatment, and disposal projects. • Support state and federal funding for water infrastructure projects. • Support state and federal funding for drainage improvement and flood control projects. • Support state and federal funding for the testing of beach water quality, including the implementation of rapid water quality testing methods, and corresponding public health notification at San Diego County beaches and bays. • Support state and federal funding for water recycling and reuse projects. 35 Attachment B • • • • Support state and federal funding for digital mapping and public projects to ensure the public is protected from flooding through mitigation measures and adequate insurance coverage. Support state and federal funding and efforts to mitigate drought-related impacts. Support an exemption to the State drought emergency regulations for indoor water consumption at essential government facilities such as jails and courthouses. Support the development of a credit system that could be applied to county facilities located in multiple water districts, thereby allowing government agencies to achieve overall savings across their operations while not penalizing individual water districts serving facilities where savings could not be achieved. 6. HOMELAND SECURITY/ANTI-TERRORISM/DISASTER PREPAREDNESS The devastating fires of 2003 and 2007 in San Diego County, other natural and manmade disasters and our nation’s ongoing war on terrorism continue to make protecting our region a high priority. Local governments are integral components in homeland security and emergency management, and the federal government must provide significant resources to local governments so that they can prevent and respond to terrorist attacks, as well as mitigate and respond to disasters. Public Safety The San Diego region has received over $200 million in Homeland Security funds to date from five major Homeland Security grant programs. These funds have been used to improve our region’s ability to respond to both natural and manmade disasters. Previous key projects and accomplishments include upgrades to our communication infrastructure, development of a regional terrorism threat assessment center, implementation of our mass notification system, Alert San Diego, and providing critical equipment and training for first responders. San Diego’s Unified Disaster Council has established a set of four priorities in its strategic plan which sets forth a clear focus for our region in the upcoming years. These four priorities are: 1. Expand the culture of preparedness. 2. Strengthen the Operational Area’s Catastrophic Response Capabilities and capacities at all levels of government. 3. Prepare for advanced recovery. 4. Incorporate access and functional needs in all preparedness response and recovery efforts. Funding for communications remains a critical need. The importance of having seamless communication interoperability in San Diego and Imperial counties cannot be overstated. In San Diego, a forward thinking and regional approach has been in place for more than a dozen years, and has resulted in the San Diego/Imperial Counties Regional Communication System (RCS), a locally funded highly interoperable communications system providing service to more than 19,000 users from more than 200 state and local agencies in the two-county area. The RCS has been recognized by the Department of Homeland Security as being one of the best in the nation. The original system is reaching the end of its useful life, and a regional effort and significant regional investment are under way to replace it with the “NextGen RCS.” The replacement will include a next-generation public safety inter-operability system which meets national P25 compliant standards 36 Attachment B The region has conducted extensive risk analysis, and understands our most critical gaps in relation to our greatest risks. Due to the unique safety and security risks we face in San Diego, a significant reduction in grant funding will impede our region’s ability to sustain the valuable investments we have made in order to protect lives, property and the environment. Health and Human Services Prompted by the 2001 national anthrax incident, increased federal funding has fortified public health infrastructure. Funding has supported the County of San Diego to make significant enhancements and partnerships to strengthen the public health infrastructure. Since 2002, annually, over $4 million of federal emergency preparedness funding has been utilized to strengthen the healthcare system to implement a comprehensive strategy to protect local residents against the threat of terrorist attacks. In collaboration with our committed community partners, important strides have been accomplished to help assure the readiness of the local healthcare system. Since 2002, the County has received Public Health Emergency Preparedness funding from the Centers for Disease Control and Prevention (CDC), for Public Health Emergency Preparedness (PHEP), Hospital Preparedness Program (HPP), Metropolitan Medical Response System (MMRS), and Pandemic Influenza Planning grants. These funds are received through a cooperative agreement with the State and continue to be used to build upon and strengthen the County’s public health infrastructure including preparation of hospitals and community clinics to address surge capacity issues and development of public risk communication plans. Additionally, emergency equipment/supplies and medications have been procured and are cached to be used in the event of an emergency. However, the grant funding amounts have steadily decreased and have also included the loss of federal funding for Pandemic Influenza preparedness and response. Earthquake Early Warning System The objective of earthquake early warning is to protect lives and property by alerting the public that an earthquake has struck and seismic waves are about to reach their location. The warning time could range from a few seconds to a few tens of seconds, depending on the distance to the epicenter of the earthquake. This is enough time to slow and stop trains, to halt surgical procedures, to prevent cars from entering bridges and tunnels, to move away from dangerous machines or chemicals in work environments and to take cover under a desk, or to automatically shut down and isolate industrial systems. Taking appropriate actions before an earthquake occurs can save lives, minimize injury and limit property damage. Most studies indicate that the County of San Diego could suffer significant damage from a catastrophic earthquake along several regional faults. The San Jacinto Fault is considered to be the most active fault, while the Rose Canyon Fault poses the greatest threat to an urban area. Other studies indicate the La Nacion Fault System is also capable of producing damaging earthquakes. The development and sustainment of a national system of earthquake early warning has the potential to save lives and money. Numerous states, and particularly the State of California, are earthquake prone. A disparate patchwork of earthquake early warning systems is not preferable. There should be one national system of integrated sensors and standardized methods of alert and warning organized at the federal level. According to the US Geological Survey, the projected cost of an earthquake early warning system for the West Coast includes 37 Attachment B initial capital investment as well as ongoing maintenance and operations. The capital investment costs for the West Coast earthquake early warning system are projected to be $38.3 million. Capital investment includes purchasing and installing seismic and GPS equipment to increase monitoring station density to the minimum levels required for providing warnings to urban areas of the West Coast of the United States. Annual maintenance and operation costs of the earthquake early warning system total $16.1 million. For the State of California alone, one-time construction costs are estimated at $12 million (800 seismic stations) with $2 million for annual operation and maintenance. Strategic Initiatives: • Safe Communities • Healthy Families State Action Needed: • Support additional funding for services including, but not limited to, public safety, fire, hazardous materials, public health, office of emergency services, hospitals, emergency medical services, laboratories, mental health and environmental health. • Support efforts that ensure the maximum amount of federal funding coming to California for homeland security programs are sub-allocated to local governments. • Support legislation that seeks greater coordination and alignment between the Governor’s Office of Emergency Services and the California Department of Public Health. • Support efforts to allow increased local flexibility in the use of funding for building and maintaining county public health preparedness and infrastructure. • Support legislation or administrative action, and adequate funding for the development and sustainment of a system of earthquake early warning. • Support legislation or administrative action that provides for a completed Emergency Action Plan (EAP) for dams, including requiring routine updates of the plan and regular updates to dam inundation maps that are offered in a GIS format usable by members of the public. Federal Action Needed: • Support additional funding for emergency communications infrastructure. • Appropriate sufficient funds dedicated to building and maintaining county and state public health preparedness and infrastructure. • Support efforts to continue to provide Homeland Security grants to local jurisdictions without the requirement for a local funding match. • Support legislation that seeks closer coordination and joint planning efforts between local, state and federal agencies. • Support efforts that would require states to meaningfully engage and include input from local governments in their Threat and Hazard Identification and Risk Assessment which is required by FEMA for federal Homeland Security Grant Program dollars. • Support legislative change that will allow greater flexibility with the Homeland Security grants to fund mitigation, preparedness, response and recovery planning, equipment, training and personnel for all hazards, both natural and man-made. • Appropriate additional grant funding from the Assistant Secretary for Preparedness and Response (ASPR), Office of Preparedness and Emergency Operations (OPEO), and the Division of National Healthcare Preparedness Programs (DNHPP) to offset County costs for administering, planning and implementing grant activities. • Appropriate sufficient funding for disaster medical surge planning and response including Pandemic Influenza. 38 Attachment B • • • • • • • • Support efforts to allow increased local flexibility in the use of funding to allow funds to be spent on personnel, training or other preparedness needs determined locally. Support efforts to eliminate caps on federal Homeland Security Grant Program dollars Support efforts to allow increased local flexibility in the use of Urban Areas Security Initiative (UASI), State Homeland Security Grant Program (SHSG), Emergency Management Performance Grant (EMPG) and other homeland security grant funding. Oppose legislation or policy that proposes to exclude the San Diego region from the UASI Tier I highest risk areas. Support legislation or administrative action, and federal funding to the US Geological Survey or other appropriate federal agency for the development and sustainment of a national system of earthquake early warning. Support legislation that would provide federal hazard mitigation grant dollars postdisaster, to communities who have received Fire Management Assistance Grants. Support legislation or administrative action to require home phone service providers include their customers’ home phone data in the Master Street Address Guide or otherwise provide the data to the local emergency response authority with jurisdiction over the local mass notification system. Support legislation that would remove and relocate outside of the San Diego region the spent nuclear fuel stored at the decommissioned San Onofre Nuclear Generating Station. 7. HOUSING The San Diego region needs more affordable housing. The demand for new affordable housing is greater than the number of units developed, and available housing is beyond the reach of many families to buy or rent. Reports continue to show that housing in San Diego County is among the most expensive in the nation and economic conditions have significantly impacted those that are most in need of affordable housing solutions. The County of San Diego and cities in the region operate a number of programs to provide and develop affordable housing. These programs offer rental assistance, affordable housing opportunities for renters, financial assistance for first-time homebuyers, and resources for persons experiencing homelessness. Funding for these programs comes from the federal Department of Housing and Urban Development (HUD) and other sources. In February 2016 the Board of Supervisors approved the launch of “Project One for All”, which will create a process for municipal and community housing partners across the region to integrate services with housing resources. As legislation is introduced at all levels of government in an effort to combat homelessness, it is essential to have wrap-around services with accessible housing to support our homeless population with serious behavioral health challenges in order to support the goals of “Project One for All” to give this population the services they need to live successfully in the community. Strategic Initiatives: • Safe Communities • Healthy Families • Sustainable Environments 39 Attachment B State and Federal Action Needed: Housing Element Law • Support greater linkage of transportation and housing policy and funding, while providing adequate funding to maintain and improve existing infrastructure. • Oppose legislation that would fine local governments, or cause state funds to be withheld, when State Housing and Community Development (HCD) determines that a local government’s housing element does not comply with state law. • Oppose legislation that would place the burden of providing compliance with housing element law on local jurisdictions rather than requiring State HCD to prove non-compliance. • Support legislation that would impose reasonable reporting/oversight provisions on local government so they will approve housing elements that comply with the law. • Support legislation that recognizes the development limitations within the unincorporated county, in particular the rural areas where existing infrastructure and public services are minimal. • Support legislation that exempts rural areas with limited infrastructure and ground water from requirements, programs, or incentives that increase density beyond the density designated by the jurisdiction’s general plan. • Support legislation that recognizes place-based planning and requirements rather than a “one size fits all” approach. • Support legislation that reduces the statutory default density for potential lower-income housing sites from 30 units per acre to 20 units per acre in unincorporated counties. Affordable Housing • Support legislation to provide new incentives and continue existing incentives to encourage development of affordable housing. • Support state and federal funding to develop, acquire and/or rehabilitate affordable housing. • Support legislation that rewards local governments for local actions to increase the supply of affordable housing. • Support legislation that would encourage permanent affordable housing whenever feasible. • Support efforts to enact Housing Choice Voucher program reforms that would strengthen, simplify and ease administrative requirements related to this program through regulatory and administrative revisions. • Support legislation that increases the financing options available to public housing agencies seeking to address the capital needs of their properties, such as the Capital Fund Financing Program), Public Housing Demolition/Disposition and Rental Assistance Demonstration (RAD). • Support legislation that would lift or increase the cap which limits the number of public housing properties that can be assisted under the RAD program. • Support legislation or administrative revisions to HUD’s definition of “chronically homeless” to allow people who otherwise are experiencing chronic homelessness who enter any custody or rehabilitative program for more than 90 days to be included in the definition of chronically homeless and be prioritized for HUD funded Continuum of Care (CoC) housing assistance programs upon their return to the community. • Support legislation that would provide adequate funding for Housing Assistance Payment contract renewals and restore full funding for voucher program ongoing administrative fees, while opposing legislation that requires Public Housing Agencies (PHAs) to deplete Housing Assistance Payment (HAP) reserves due to sequestration. 40 Attachment B • • • • • • • • • • • • • • • • • Oppose legislation that would reduce Housing Choice Voucher program funding for Housing Assistance Payment contract renewals and ongoing administrative fees. Support legislation that funds the HOME Investment Partnerships program equal to or greater than the FY 2010-11 level, providing at least $4,252,789 for the program. Support legislation that eliminates the 24-month statutory requirement for grant recipients to commit HOME funds. Support legislation that creates greater flexibility for grant recipients to meet the 15% Community Housing Development Organization (CHDO) set-aside for HOME funds. Support funding for the administration of HOME funds. Oppose legislation that would reduce HOME funding which would impact our region’s ability to fund affordable housing. Support legislation that preserves and expands the Low Income Tax Credit Program. Oppose legislation that would impose an offset against Public Housing operating reserves, effectively creating a disincentive for public housing agencies to administer their program efficiently. Support legislation that fully funds the Public Housing Capital Fund at a level which allows PHAs to fully maintain their housing stock. Support legislation that allocates the annual Public Housing Operating Fund to the full funding level at which the PHA qualifies. Support legislation that would uncouple the Continuum of Care (CoC) formula allocation from the Community Development Block Grant (CDBG) formula. Support legislation or administrative action that revises the CoC funding formula to be more in line the regional needs. Support legislation that provides increased funding for affordable housing opportunities, homeless prevention or rapid rehousing. Support legislation that fully funds Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act requirements. Oppose any efforts to change program eligibility thresholds that would reduce communities’ ability to access resources related to CDBG, HOME, HOPWA, and/or ESG. Support efforts that allow local jurisdictions to directly apply for and/or receive federal Housing Trust Fund resources with adequate program administrative funding. Oppose legislation that would reduce funding to the Housing Trust Fund. 8. INDIAN GAMING The County is now home to 19 Reservations and 18 Tribal Governments, 14 of which have compacts that allow gaming, and 9 existing Tribal casinos, which are the greatest number of Reservations and greatest number of Indian gaming facilities of any county in the nation. The growth of Indian gaming in San Diego County has created positive and negative impacts in this region. Gambling on Indian lands is regulated by the 1988 Indian Gaming Regulatory Act (IGRA). IGRA defines gambling under three classes: Class I gambling, which includes social games and traditional or ceremonial games and may be offered with no restriction, Class II gambling, which includes bingo and certain card games while specifically excluding all banked card games and may be offered if permitted elsewhere in the state, and Class III gambling, which includes all other forms of gambling (such as banked card games, video or electronic games, slot machines, horse race wagering, most forms of lotteries and craps) and may operate only if the tribe and the State have reached agreement on a compact, which the federal government 41 Attachment B must approve before it is valid. Most IGRA-related issues fall under the responsibility of the National Indian Gaming Commission (NIGC) in the Department of the Interior (DOI), while issues involving Tribal recognition, sovereignty and lands fall under the Bureau of Indian Affairs (BIA), also part of DOI. The Indian Reorganization Act (IRA) of 1934, Title 25 U.S.C.465, authorizes the Secretary of the Interior to acquire lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee is living or deceased, for the purpose of providing land for Indians. The determination that the acquisition of the land is necessary may be discretionary or stated to facilitate tribal self-determination, economic development or Indian housing. One of the most contentious issues is whether gaming should be permitted on new lands taken into trust for Indian tribes by BIA, including both contiguous and non-contiguous lands. On the State level, Proposition 1A was approved by voters in March 2000, which amended the State constitution to permit Indian tribes to conduct and operate Class III gaming on Indian land if a tribal-state compact is approved. California gaming compacts include a provision that classifies tribes with fewer than 350 machines as non-gaming. This allows them to collect the same funds from a revenue-sharing pool as those with no casinos. Through the compact, Tribes may pay for licenses for additional machines, but generally may not operate more than 2,000 machines. Proposition 1A required that tribes with compacts make quarterly payments to a Revenue Sharing Trust Fund based on the number of licensed slot machines they operate. The funds were to be used to provide annual payments to non-compact tribes and those tribes operating fewer than 350 machines. Pre-1999 compact tribes were required to make quarterly payments into the state Special Distribution Fund (SDF) based on the number of machines they were operating as of September 1, 1999. The SDF was specified to be used for statewide purposes, including grants for programs to address gambling addiction, grants to the State and local governments affected by tribal gaming, reimbursements of state regulatory costs, payment of shortfalls in the Revenue Sharing Trust Fund and other purposes specified by the Legislature. Compacts negotiated by Governor Davis in 1999 contained very limited provisions to mitigate the environmental and public safety impacts associated with Indian gaming activities. More recently, compacts negotiated by both Governor Davis (2003), Governor Schwarzenegger (2004, 2005, 2006 and 2007), and Governor Brown (2014, 2015 and 2016) contain provisions requiring the Tribes to consult with the County of San Diego and to enter into agreements, with binding arbitration if negotiations reach impasse, to develop site or project specific terms and conditions. These terms and conditions address the implementation of feasible mitigation measures and feasible project alternatives concerning significant off-reservation environmental effects stemming from the gaming facility, and compensation for public services and programs to address gambling addiction. Negotiations are ongoing with the current state administration, under Governor Brown, for Indian gaming compacts, and with the original 1999 compacts set to expire in 2020, more are expected in the next several years. However, litigation may drive changes to tribal-state compacts. In June 2011, the Rincon San Luiseño Band of Mission Indians prevailed when the U.S. Supreme Court upheld a ruling by the 9th Circuit Court that then-Governor Schwarzenegger negotiated in bad faith, that gaming funds used in the general fund were considered an illegal tax, and that tribes have been shorted on the allowable number of slot machines. The U.S. Supreme Court ordered the State and Rincon Band to renegotiate a compact. The Rincon Band has engaged the County to draft a proposal to distribute shared benefit funds for local impacts. This proposal was endorsed by the County Board of Supervisors in 2011, but Rincon has not received a new gaming compact from the State to implement. In 2015 and 2016, five tribal governments (Sycuan, Viejas, Barona, Pala and Jamul Indian Village) received gaming compacts from Governor Brown, extending the original 42 Attachment B compacts to 2040, reducing the payments to the Special Distribution Fund, but allowing for a percentage of payments to the County for mitigation as a credit for funds Sycuan would have paid the State for the Revenue Sharing Trust Fund. In 2009, the U.S. Supreme Court also issued a decision in a landmark Indian affairs matter, Carcieri v. Salazar (2009; No. 07-526). The Court held that the authority of the Secretary of Interior to take land into trust for tribes under the IRA extends only to those tribes under federal jurisdiction when the law was passed in 1934. In response to this decision, a number of bills have been introduced in Congress to provide the Secretary of the Interior with the statutory authority to take land into trust for Indian tribes, regardless of when they were recognized by the federal government. While there are concerns with the proposed legislation expanding the statutory authority of the Secretary of the Interior, this may provide an opportunity for Congress to reform the fee-to-trust process. In 2013 and 2014, the Bureau of Indian Affairs proposed regulatory changes related to the fee-to-trust process and the tribal recognition process. The BIA’s proposed rule to adjust the fee-to-trust process was brought forward due to the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak Supreme Court decision, which opened land into trust decisions to challenge after the United States government has taken possession of the title for the land. Prior to this legal decision it was thought that any challenges must be brought forward before the title is transferred. The tribal recognition draft proposed rule was brought forward by the BIA with the stated goal of streamlining the tribal recognition process from 1934 to the present. The proposed rule does not specifically address Indian gaming, but does state that Tribal acknowledgement under the rule would confer all rights and responsibilities afforded to other Tribes, and could provide new tribes the ability to open gaming facilities on new reservation lands. Federal legislation was proposed several times since 2011 seeking to overturn the Carcieri ruling by amending the IRA to give authority to the Secretary of Interior to take land into trust for all Indian tribes regardless of when recognized. Federal legislation was introduced in 2015 to address the Carcieri ruling and to encourage, but not mandate, intergovernmental agreements between tribes and local governments in fee-to-trust applications. Carcieri fix legislation is expected to be proposed once again in 2017. Strategic Initiatives: • Safe Communities • Sustainable Environments State Action Needed: • Urge the Governor to continue amending Indian gaming compacts to require agreements between local governments and Tribes to mitigate fiscal impacts on local governments, significant off-Reservation environmental and public safety impacts caused by gaming-related improvements or operations and prevention and treatment of gambling addiction. • Urge the Governor to include the County of San Diego and other local governments in discussions to extend gaming compacts throughout the negotiation process. • Urge the Governor to encourage Tribes from remote or sensitive areas to co-locate their gaming facilities with existing Indian gaming facilities to diminish impacts to the unincorporated areas and local governments, while allowing those tribes to generate revenue for their members. 43 Attachment B • • • • • • Oppose legislation that expands Indian gaming without requiring an Intergovernmental Agreement to mitigate existing unmitigated gaming impacts and/or impacts from the expansion. Support legislation that would distribute funding from the Indian Gaming Special Distribution Fund for local mitigation of Indian gaming impacts, while continuing to advocate for a fair and proportional share. Support legislation that would ensure the maximum allocation to assist counties in mitigating the environmental, behavioral and public safety impact of gaming activities. Support legislation that bases allocation of Special Distribution Fund moneys on the number of gaming devices in the jurisdiction. Support legislation that provides counties with the discretion to use mitigation funds as the County deems appropriate in order to ensure local jurisdictions have the flexibility to balance competing mitigation needs. Support legislation that provides if there are insufficient funds in the Special Distribution Fund to fund payments to eligible tribes from the Indian Gaming Revenue Sharing Trust Fund (GRSTF), funding to bridge such shortfalls shall be transferred to the GRSTF (in the amount of the deficiency) from payments made by the tribes to the state’s general fund pursuant to any tribal-state gaming compact. Federal Action Needed: • Oppose transfers of land into trust on behalf of a tribe that has not entered into an Intergovernmental Agreement to mitigate adverse impacts from its casino and/or its gaming related facilities, or other large development projects. • Support reform of the land to trust process to require appropriate notice and assessment of applications by local agencies to ensure that proposed and future impacts of the land taken into trust are mitigated. • Support legislation that would require a full Environmental Impact Statement whenever a non-traditional use of land is proposed on an Indian reservation that likely would negatively impact surrounding communities. • Support amendments to the Indian Gaming Regulatory Act (IGRA) that require a tribe, during negotiations for a tribal-state gaming compact, to negotiate and sign an Intergovernmental Agreement with the local county government to address mitigation of the impacts of gaming activities on local infrastructure and services. • Support amendments to the IGRA and regulations that allow a tribe to co-locate its casino on another willing tribe’s reservation in order to diminish impacts to the unincorporated areas and local governments. • Support amendments to the IGRA and regulations that require as a provision of the tribal-state compact that a tribe must enter into a binding intergovernmental agreement with local government to mitigate economic, social, environmental, health, safety, infrastructure and other impacts. 9. LIVE WELL SAN DIEGO A County that is Healthy, Safe and Thriving is the vision that guides the County of San Diego. Live Well San Diego is the County’s blueprint for improving community health and quality of life. Adopted in 2010 by the Board of Supervisors, Live Well San Diego is made up of three components – Building Better Health, Living Safely, and Thriving – that include four strategies: Building a Better System, Supporting Positive Choices, Pursuing Policy Changes and Environmental Changes, and Improving the Culture from Within. 44 Attachment B Building Better Health In 2005, the New England Journal of Medicine reported that, for the first time in history, children in the United States may have shorter life expectancies than their parents. Throughout the nation and locally three behaviors - poor nutrition, lack of physical activity, and tobacco use/substance abuse – are contributing to four chronic diseases: heart disease/stroke, Type II diabetes, cancer, and respiratory conditions, such as asthma. These diseases result in over 50 percent of deaths in San Diego County. Improving our health habits will lead to improved quality of life and result in significant savings to taxpayers. Additionally, obesity is an epidemic with significant health, social and economic implications for adults and children. The number of overweight Americans has increased almost 50 percent during the past 15 years. These individuals are at risk of a wide array of health complications, including cardiovascular, orthopedic, diabetic and pulmonary ailments. The success of Live Well San Diego largely depends on how well the most complex problems facing our region, such as obesity, are addressed. The social determinants of health are key drivers of health outcomes and health inequities. Childhood Weight Issues Childhood obesity is an epidemic affecting 15.9 percent of the nation’s children in 2013-14. While obesity represents the most extreme result, 38.3 percent of California children and 33.7 percent of San Diego County children are either overweight or obese. The number of overweight children has nearly doubled and the number of overweight teens has tripled over the past two decades. The health implications for children are quite serious with growing documentation of high blood pressure, high cholesterol levels, and even Type II diabetes, which in the past was only a condition of older adults. Today, Type II diabetes is the fastest growing childhood disease in the United States due to childhood weight issues. Numerous studies have shown that children who participate in outdoor activities are healthier, do better in school, have a better self-image, and lead more fulfilled lives. Recreation programs that become available through funding opportunities such as The National Environmental Education Act provide outdoor experiences to at-risk and underserved youth, through formal school programs and community organizations, giving youth the opportunity to learn appreciation for nature while exercising and reducing their risk of obesity. The problem of weight is complex, with many causes. While it is known that a child’s diet and amount of physical activity are important factors, other aspects of everyday environment also influence a child’s weight. These may include a lack of physical education programs in schools, a lack of recreation facilities, unsafe communities, lack of access to low cost fresh fruits and vegetables, popular sedentary games, food advertisements, grocery store marketing, and hidden fat and sugar in popular foods. Identification of risk factors that can be changed will assist in development of strategies that would aid in addressing the problem of overweight and obesity in children. Additionally, low birth weight is an increasing health concern because it is associated with long term disabilities such as cerebral palsy, autism and other developmental disabilities. Living Safely The Living Safely strategy addresses both the community’s perception of overall safety in San Diego, as well as the actual incidence of crime and injury. This first in the nation approach 45 Attachment B is a unique partnership between government agencies, the business community, community organizations, and individuals to make our region the safest in the nation. In order to achieve our goal, the Living Safely Strategy is focused on three specific outcomes: a San Diego region where residents are protected from crime or abuse; neighborhoods are safe to work, live and play; and communities are resilient to disasters and emergencies. Compared to the rest of the country, San Diego is one of the safest places to call home. Crime rates decreased across the region for the last two decades, reached a 35-year low in 2014, and remained very low in 2015 and 2016, with small upticks in crime compared to 2014. Still, the recent successes in reaching and maintaining a low crime rate are the result of close collaboration between criminal justice stakeholders—county, cities, state and federal. Regional task forces targeting gang members, human trafficking, and drugs are providing our residents with safer communities utilizing evidence-based practices. Proactive messaging and educational programs have given our residents the tools to feel empowered and take action to improve their neighborhoods. Safety is about more than reducing the numbers of offenders and criminal incidents that occur. Seeking to reduce victimization and victim assistance programs are a key element of our strategy. Studies show that people who suffer repeated trauma (six or more adverse childhood experiences) die as much as 20 years younger than expected, on average, than peers who were not abused or traumatized. The County is committed to expanding its trauma-informed knowledge workers to better identify victims and connect them to appropriate services. To keep our communities safe, county law enforcement agencies are guided by a balancedapproach model; incarcerate the incorrigible criminals who prey upon our population but be proactive in providing treatment services for those who need and will benefit from assistance. The County has developed coalition partnerships between law enforcement and service agencies such as the Methamphetamine Strike Force and Prescription Drug Abuse Taskforce to address community substance abuse problems. Substance abuse, mental health, and vocational programs for those leaving jail and prison and those supervised in the community remain top priorities. To reduce the number of justice involved adults, we will focus on at-risk youth. Timely identification of risk, including substance abuse and gang activity, will provide local educators, law enforcement, and treatment providers the opportunities to intervene early. The County recognizes the special obligation it has to protect vulnerable populations from abuse and neglect, including children, older adults, and victims of domestic violence. Economic and demographic trends underscore the continuing importance of these efforts. Families are experiencing financial stress and the growing population of seniors is vulnerable, not only to physical neglect and abuse, but also financial abuse. This strategy reflects a commitment to strengthen our prevention and enforcement strategies to protect against abuse and neglect. County departments work collaboratively with the community to proactively identify and address harmful situations. Stronger coordination between County services and partners will enhance responses to these events and ensure support services promote recovery. Making San Diego communities safe means reducing accidents and improving the infrastructure in our neighborhoods. Unintentional injuries and deaths remain a detriment to our quality of life. Automobiles and the misuse of prescription drugs continue to be the leading causes of accidental death in San Diego County in 2015 and remain at high levels for young people. Removing graffiti, filling potholes, and fixing streetlights will improve community 46 Attachment B character and give residents the confidence to walk and bike to businesses and recreational areas. Reducing unintentional injuries at workplaces will yield more productive companies and result in a stronger business climate. Our region has experienced catastrophic disasters over the past few decades from wildfires. In addition, earthquakes and proximity of the busiest international Land Port of Entry in the world at San Ysidro create added challenges. The County has embarked upon a series of regional preparedness initiatives to better prepare government agencies, the business community, and families for disasters. Together with community partners, we are encouraging residents to be prepared with supplies to survive for 72 hours. The County is also placing a special emphasis on our most vulnerable populations. The elderly, very young, homeless, disabled, and limited English speakers face enormous challenges during disasters that must be incorporated in planning efforts. Thriving The Thriving plan calls for cultivating opportunities for all people and communities to grow, connect, and enjoy the highest quality of life and encompasses a broad range of areas that are interconnected and foundational to the quality-of-life for everyone in the region. Therefore, a high degree of partnership is required between government, stakeholders and the community to work together in effective and creative ways to achieve success. Community and County stakeholders also recognized that the San Diego region is Thriving when residents are engaging (building community awareness and cohesion), connecting (filling gaps and ensuring equal access to basic needs), and flourishing (exceeding basic needs). The Thriving plan promotes stronger collaboration and coordination throughout the region among all sectors of the community -- public, private, philanthropic, and nonprofit organizations. It embodies a stakeholder-driven approach in the areas of Built and Natural Environment (Transportation, Built Environment and Neighborhoods, Housing); Enrichment (Civic Life, Community Activities); and Prosperity, Economy and Education (Workforce and Economic Development). Strategic Initiatives: • Safe Communities • Healthy Families • Sustainable Environments State and Federal Action Needed: • Support efforts to reduce the number of infants born with low birth weight to prevent lifelong disabilities, including evidence-based home visiting programs. • Support funding to facilitate access for eligible individuals and families by improving internal business efficiencies in CalFresh offices. • Support funding for outreach efforts to families and vulnerable seniors who are eligible for nutritional assistance programs, and require nutrition education as part of these outreach efforts. • Support legislation that would provide incentives to families to purchase healthy foods like fresh fruits and vegetables. • Support legislation that would combine nutrition education with efforts related to local food assistance programs, especially those that target families with obese children or children who are at risk of becoming obese. 47 Attachment B • • • • • • • • • • • • • • • • • • • • • • • Support legislation to increase resources for outreach efforts and to improve business efficiency of locally administered food and nutrition assistance programs. Support legislation that would prohibit the use of public food benefits to purchase items that have a high sugar content and little nutritional value. Support a range of intervention strategies to decrease childhood obesity to “no more than 5 percent among children aged 6 to 19 years,” which is the goal stated in the U.S. Department of Health and Human Services Healthy People 2020. Support National Environmental Education Act grant or other grant funding for programs that provide outdoor education and recreational opportunities. Support legislation that increases access to healthy foods. Support funding for financial incentives to qualifying food businesses in food deserts so that they may provide and/or increase the quantity of fresh produce they offer for sale. Support legislation that encourages healthy communities by expanding options to healthy choices. Support legislation to provide funding that would maintain the County’s administrative capacity to address violence prevention such as technical assistance and training to community providers for program oversight and contract monitoring. Support legislation to provide funding for programs that help prevent and reduce the risk of exposure to violence and provide essential services for children and families. Support legislation to provide funding for programs and initiatives that target high-risk neighborhoods and communities to reduce the risk of family violence, community violence, youth violence and childhood exposure to violence. Support legislation that provides funding for programs that integrate health and safety through education and resources. Support legislation that expands the Tobacco Master Settlement Agreement Fund. Support legislation that provides funding for safe and accessible routes for children to walk and bike to school. Support legislation that provides funding for and encourages transportation planners and engineers to design and enable safe access for all users, regardless of mode of transportation. Support legislation and funding that promotes land use patterns that improve health. Support legislation that establishes standards for nutrition and physical activity in early childhood education programs, infant care programs, and afterschool programs. Support legislation that contributes to the integration of health and human services. Support legislation that helps create more accessible housing for seniors and people with disabilities to live independently. Support legislation that encourages the creation of school-based curriculum regarding elections and the voting process. Support legislation that provides funding to expand crime-free multi-family developments. Support legislation that increases funding for self-sufficiency programs that enable families assisted through the Housing Choice Voucher program and Public Housing services to increase their earned income and reduce their dependency on welfare assistance and rental subsidies. Support the expansion of the federal Moving To Work program to provide a larger number of public housing authorities with flexibility in how they can use their federal funding. Support legislation that would improve the food system by incentivizing farmers and other food producers to donate fresh, nutritious food to food banks and other nonprofit organizations. 48 Attachment B 10. FUNDING FOR PEST AND PLANT DISEASE MANAGEMENT The Asian Citrus Psyllid (ACP) is an invasive agricultural pest that is known to spread Huanglongbing (HLB), a disease that is deadly to citrus trees. In recent years, ACP has been detected in southern and central California counties. The County of San Diego Department of Agriculture, Weights and Measures has been working with federal and state regulators, other counties, the Farm Bureau, local growers and other various partners to strengthen efforts to keep the disease out of the County. There have not been documented cases of HLB within the County yet, but Los Angeles County to our north and Mexico to our south both have the disease. The disease threatens the County’s $130 million citrus industry, backyard citrus and the $2 billion citrus industry in California. Further funding and attention are warranted for research and abatement efforts to minimize the impacts of the disease, as well as efforts regarding detection and eradication of its carrier, the Asian Citrus Psyllid. Other invasive pests to San Diego County include shot hole borers and gold spotted oak borers. Shot hole borers are small beetles that have attacked hundreds of tree species in Southern California. These beetles also transmit a fungal disease that can infect and kill the trees, including avocado, which is valued at $154 million in San Diego County. The gold spotted oak borer is a pest that targets oaks and has killed approximately 80,000 oak trees in San Diego County as of January 2012. Further funding and attention are warranted for research and outreach to limit the spread and impact of these pests. Strategic Initiative: • Sustainable Environments State and Federal Action Needed: • Support legislation that would fund the research and implementation of biocontrol agents for the control of Asian Citrus Psyllid. • Support legislation that would provide funding for regulatory activities associated with the lethal citrus disease Huanglongbing to protect San Diego’s $130 million citrus industry as well as residential citrus. • Support legislation that would provide funding for early detection surveys for Huanglongbing. • Support legislation that would fund the research and implementation of new Huanglongbing detection tools and resistant citrus varieties. • Support legislation that would provide funding for research and outreach to limit the spread of the invasive shot hole borer beetles. • Support legislation that would provide funding for research and outreach to limit the spread of the gold spotted oak borer. 11. INFORMATION SHARING In order to better serve residents, the County of San Diego is developing and implementing an information exchange computer system. This will allow departments to share information more efficiently to better serve County customers. It will also reduce duplicate data entry. Staff will continue to use existing computer systems that are specifically tailored to the needs of their department, which the new system will pull information from into a central hub. To maintain privacy and security, staff will only be able to access information needed for the specific job. Management will be able to get reports about populations using County services, including statistics about people using multiple services. They can use this information to make business decisions to allocate resources where they are needed. Ultimately, the technology will enable 49 Attachment B customers to access their County service information from home, providing the convenience expected in today’s electronic age. Strategic Initiative: • Safe Communities • Sustainable Environments • Healthy Families State and Federal Action Needed: • Support legislation that facilitates information sharing within and among county, state, and/or federal agencies. • Support legislation that facilitates information sharing among government organizations and individuals or organizations who serve shared customers. • Support legislation to enable the sharing of client information across departments and divisions for legitimate business purposes including enhancing customer service. • Support legislation that promotes information sharing among multi-disciplinary teams who are providing support, benefits, or services to a shared customer. • Support legislation that modernizes restrictions to sharing confidential information by including the ability to share non-confidential information from a service when it can be done without revealing the protected information. 12. TREATMENT AND RESEARCH FOR ALZHEIMER’S DISEASE Alzheimer’s disease is reaching epidemic proportions and the fatal illness is taking an escalating toll on San Diego County households and the region’s healthcare system. In 2014, the Alzheimer’s Project was launched by the San Diego County Board of Supervisors to oversee the creation of a regional strategy to inventory and improve caregiver resources and support efforts to find a cure for Alzheimer’s disease. Alzheimer’s San Diego, care leaders and research leaders are coming together to collaborate on ways to enhance the awareness, partnerships and funding for Alzheimer’s research and care strategies. Strategic Initiatives: • Safe Communities • Healthy Families Action Needed: • Support legislation that increases funding for Alzheimer’s disease research and provides additional resources to caregivers, family members and those afflicted with Alzheimer’s disease. • Support legislation that expands and refines federal tax credits for long term services and supports caregiving expenses. • Support funding to provide additional resources and services for individuals, caregivers and family members impacted by Alzheimer’s disease. • Support legislation or administrative action that provides Alzheimer’s disease education, treatment and public awareness. 13. HABITAT PRESERVATION AND ECONOMIC DEVELOPMENT To balance the often-competing demands of environmental protection and economic development, the County has embraced the multi-species habitat conservation plan approach to protect and recover these species. The County has utilized the State of California’s Natural 50 Attachment B Community Conservation Planning (NCCP) program to develop these plans, which are known as multiple species Habitat Conservation Plans (HCPs) throughout the country. The County’s NCCPs include the South County Multiple Species Conservation Program (MSCP) and the draft North County MSCP Plan. The East County MSCP will follow. The NCCP program is a partnership among landowners, environmentalists, local governments and state and federal wildlife agencies to permanently protect entire ecosystems, while accommodating needed economic activity. County implementation activities of the MSCP include plan development, as well as acquisition, adaptive management and monitoring of lands necessary to provide blocks of persevered habitat. The State’s commitment to the NCCP to guide and assist these activities must remain strong. Strategic Initiatives: • Sustainable Environments State and Federal Action Needed: • Support funding for and efforts to leverage the benefits of Natural Communities Conservation Planning plans (NCCPs) and regional Habitat Conservation Plans (HCP), such as the Multiple Species Conservation Program and the draft North County Multiple Species Conservation Plan. • Promote effective preparation of NCCPs and regional HCPs as a top priority for the Department of Fish and Wildlife and the US Fish and Wildlife Service. • Oppose efforts that would impose unnecessary encumbrances over property purchased for the acquisition requirements in NCCPs/HCPs. 14. VETERANS AND ACTIVE MILITARY The County’s Office of Military and Veterans Affairs assists active duty military, veterans, their dependents and survivors, to obtain federal and State benefits that they are entitled to receive. It also supports the provision of services and supports to the families of active military members in San Diego County. Among the variety of professional support services provided by the County are comprehensive benefits counseling, assistance with claims preparation and submission, assistance with educational benefits for military veterans, dependents and survivors, and advocacy with various federal, state and local agencies. The services provided are critical as over one-third of county residents are connected to the military in some fashion and San Diego boasts an estimated 244,000 veterans, as well as eight major military bases and installations. The County has the second largest veteran population in California and the third largest in the nation. Since 2010, San Diego County has been the number one place in the country where veterans have settled after leaving the military. Annually an average of 7,000 returning Operation IRAQI FREEDOM, Operation ENDURING FREEDOM, and Operation NEW DAWN Veterans are settling in San Diego County, and the numbers continue to grow. The County’s Office of Military & Veterans Affairs (OMVA) is now rotating accredited Veteran Services Representatives (VSR) in designated County Libraries. The OMVA’s Vet-Connect program also allows military, veterans, and family members to connect with a VSR for benefits counseling and online preparation and submission of disability claims and educational benefits via a video teleconferencing systems installed in the library. The Veterans Directed Home and Community Based Services (VDHCBS) program is a federal program that provides community based, participant directed services to veterans through a 51 Attachment B partnership between the Area Agency on Aging (AAA), the Aging and Disability Resource Center (ADRC) and local Veteran Administration Medical Centers. The targeted population is high-risk veterans who are in need of long term support services to avoid institutionalization. Strategic Initiatives: • Healthy Families • Sustainable Environments State and Federal Action Needed: • Support legislation that addresses affordable housing for veterans and veteran homelessness. • Support efforts that would reform the Veterans Affairs Supportive Housing (VASH) program in order to provide more program vouchers and/or accelerate veteran placement in housing. • Support legislation that supports suicide prevention and other programs designed to assist military service members and veterans in dealing with behavioral health challenges. • Support legislation that would enhance services that will support veterans and their families in achieving self-sufficiency and successfully re-integrating into civilian life. • Support legislation that would fund services and supports for active military and their families that promote health, safety, and well-being, not limited to but including home visitation by public health nurses. • Support legislation that would facilitate the processing of compensation and pension claims for veterans and their dependents access to needed benefits. • Support legislation that supports military operations in the San Diego region including but not limited to homeporting, building and repair of navy ships. • Support legislation that ensures critical infrastructure is upgraded and maintained to allow the maximum number of ships to homeport in San Diego. • Support legislation that would continue to fund the Veterans Directed Home and Community Based Services (VDHCBS) Program. • Oppose legislative and administrative efforts that would move military personnel and operations out of the San Diego region; including but not limited to base closures and closure of recruitment centers. 15. TRANSPORTATION INFRASTRUCTURE Infrastructure Investment The next federal transportation investment authorization should not only address highways, but also address local streets, roads and bridges. The region has a population of over three million with over 4,000 square miles. The region maintains about 2,000 miles of roads in extreme terrains and temperature fluctuations. The County relies on local roads to ensure connectivity between major regional routes. Well maintained local street and road networks connect our communities and provide access to jobs, schools, healthcare and other services, which stimulate our local economy and global competitiveness. Deferring maintenance not only can have immediate safety consequences, it also increases the cost and extent of repairs later. According to the National Center for Pavement Preservation, spending $1 on a street in fair condition (75 percent of life) eliminates or delays spending $6 to $14 on rehabilitation or reconstruction when a street is in poor condition (12 percent of life). Extensive repair costs take money away from vital enhancement projects. Funding sources for local streets and roads are limited. State Highway Users Tax Account (HUTA) 52 Attachment B funding is the most important local source for road maintenance. Because it is a per-gallon excise tax, only a very small portion can be indexed and then, only as long as the California Board of Equalization approves the increase. Unless a new ongoing funding source is developed, local streets and roads infrastructure will continue to deteriorate. As a border county, San Diego’s roads and infrastructure are important. Each day, more than 136,000 cars and 6,200 trucks, and nearly 340,000 people, travel between the United States and Mexico via the San Ysidro, Otay Mesa, and Tecate border crossings. This makes the San Diego-Baja California Port of Entry one of the busiest in the Americas. Approximately $29.8 billion in trade is conducted at the border region. But this region loses money because of long wait times at the border. In fact, the San Diego Association of Governments (SANDAG) estimates that the economic impact to the San Diego region is a loss of more than $2.5 billion annually. It also makes sense to support projects that encourage walking and biking. The County of San Diego is committed to providing a mobility system that addresses all active modes of transportation. Funding for trails, pathways, sidewalks, bicycle lanes and transit projects are also very much needed. The region has made great efforts to boost its own funding for local transportation projects. San Diego voters approved TransNet, a funding source for capital improvement projects. The County also imposes a Transportation Impact Fee (TIF) for new developments. State Gas Tax funding has declined each year for several years, and has been deferred by the state for its own general fund purposes on more than one occasion. There is a great need for additional funding to supplement the efforts made locally. Federal funding contributed towards local projects would be a great step in enhancing the economy, both locally and for this bi-national region. Gas Tax Local agencies, including the County of San Diego, rely on gasoline excise tax revenues to fund local street and road maintenance. This funding has decreased 23 percent in two years from 36 cents to 27.8 cents. Local agencies must project and estimate expected funding in order to allow for stable budgeting and planning of infrastructure maintenance projects, but current law has led to large fluctuations year by year making planning efforts difficult. Current state law requires the Board of Equalization to annually adjust the gasoline excise tax based on changes in the gas price in the past year. When there are significant fluctuations in gas prices during a single year, the excise tax must be raised or lowered in one large adjustment. In addition to budgeting concerns, this instability can lead to additional costs when rates are adjusted too far downward based on current prices, since inflation and increases in construction costs make funds available today more valuable than increased future funds gained when the gas price goes back up. In 2015, legislation was proposed that would require the Board of Equalization calculation to consider the price changes over several years instead of just one, thereby smoothing the gas excise tax rate adjustment. This change would not increase gas taxes, but it would lead to smaller increases and decreases of the gas excise tax when the Board of Equalization is required to adjust it due to price changes. Strategic Initiatives: • Safe Communities • Sustainable Environments • Operational Excellence 53 Attachment B State and Federal Action Needed: • Support a streamlined and flexible approach to allocating federal funds for highway, transit, local roads, safe routes to schools and bicycle/pedestrian improvements based on need. • Increase funding to provide for adequate maintenance and preservation of local roads and transportation systems. • Increase funding for regionally important transportation infrastructure and maintenance. • Streamline environmental regulations to allow California Environmental Quality Act (CEQA) compliance to satisfy National Environmental Policy Act (NEPA). • Support state and federal funding for construction of transportation projects included in the County’s Capital Improvement Program. • Support legislation that would incorporate historical price data into the Board of Equalization rate setting calculation for the gasoline excise tax, thereby smoothing price fluctuations over a certain number of years. • Support state and federal grant program criteria that considers the rural nature of the County to allow it to be more competitive when applying. 16. TESTING FOR BEACH WATER QUALITY Under the Beach and Bay Water Quality Monitoring Program, the County of San Diego Department of Environmental Health performs beach water quality sampling. When poor water quality is identified, the public is notified through a number of different media including a website, Facebook, Twitter, email, telephone hotline, press releases and posting signs on affected beaches, warning of contaminated water at beaches impacted by sewage spills when monitoring indicates bacteria levels exceed state standards, or during other events that may pose a threat to public health. Water samples are currently tested using culture-based methods, which typically require at least 24-48 hours for results. The United States Environmental Protection Agency, in an attempt to address the slow 24-48 hour response time for culture-based testing methods, certified quantitative polymerase chain reaction (qPCR) as a rapid measurement method. This alternative method can return results in about four hours. The qPCR method is genetically based and measures the presence and amount of DNA from target bacteria (Enterococcus). The length of time between when a sample is collected and when the test results come back utilizing the current culture-based testing methods leaves a 24-48 hour window during which the public may be vulnerable. Alternatively, the quantitative polymerase chain reaction (qPCR) testing method produces results in about four hours. The County of San Diego sponsored Senate Bill 1395 (SB 1395) in 2014, which was authored by Senator Block and signed by Governor Brown on September 30, 2014. The bill allows the use of qPCR rapid testing for beach water quality monitoring provided that the local environmental health department demonstrates that qPCR is a reliable indicator of microbial contamination at beaches, as determined through side-by-side testing of current methods and EPA approved or equivalent qPCR methods. While SB 1395 opened the door for future use of the rapid testing method, the California Department of Public Health must establish certification of an optimized qPCR method as well as develop a beach vetting process and qPCR beach acceptance criteria before rapid testing can be utilized as a replacement for the current culture based methods at specific beaches. Additionally, to ensure that the best possible testing method is available for use, support from the United States Environmental Protection Agency is needed to continue to develop and approve modified or enhanced testing methods. 54 Attachment B Strategic Initiatives: • Sustainable Environments • Healthy Families State and Federal Action Needed: • Support certification by the California Department of Public Health to allow a local health officer to use specified polymerase chain reaction testing methods published by the United States Environmental Protection Agency or approved as an alternative test procedure pursuant to federal law to determine the level of enterococci bacteria as a single test based on a single indicator at one or more beach locations within that jurisdiction if the local health officer demonstrates through side-by-side testing over a beach season that the use of the test method provides a reliable indication of overall microbiological contamination conditions. • Support the California Department of Public Health in developing beach vetting and beach acceptance criteria to allow the use of qPCR based analytical methods to determine beach water quality at specific beaches. • Support the State Water Resources Control Board in completing the Environmental Laboratory Accreditation Program (ELAP) certification/inspection process for the California Department of Public Health certified qPCR method. • Support reimbursement for public agencies for use of the qPCR testing method by the State Water Resources Control Board in the same way the existing culture-based method is currently reimbursed, once the qPCR method has been certified by the Department of Public Health. • Support approval of modified or enhanced PCR testing methods by the United States Environmental Protection Agency, and urge approval of improved methods such as digital PCR. • Support funding that will allow implementation of PCR testing methods certified by the California Department of Public Health, including the required side-by-side equivalency testing. 55 County of San Diego LEGISLATIVE POLICY GUIDELINES 2017 Legislative Program Table of Contents I. AIR POLLUTION CONTROL .............................................................................................. 1 A. B. C. D. E. II. BUDGET AND FISCAL ...................................................................................................... 4 A. B. C. D. E. F. G. H. I. J. K. III. Air Quality Regulations ................................................................................................. 1 California Environmental Quality Act (CEQA) ............................................................... 2 Emission Reduction Programs...................................................................................... 2 Funding ....................................................................................................................... 2 Single-County Air Pollution District ............................................................................... 3 Bond Funding Distribution ............................................................................................. 4 Federal Funding ............................................................................................................ 4 Government Restructuring ............................................................................................ 4 Incorporations/Revenue Neutrality ................................................................................ 5 Maintenance of Effort Requirements ............................................................................. 5 Mandated Programs ..................................................................................................... 5 Prevention Efforts ......................................................................................................... 6 Revenues, Fees and Taxes .......................................................................................... 6 Stabilization/Long Term Financing of Local Agencies ................................................... 8 Statewide Initiative Process .......................................................................................... 8 Suspension of State Bonds ......................................................................................... 8 COMMUNITY SERVICES .................................................................................................. 9 A. B. C. D. E. Animal Services ............................................................................................................ 9 Elections ..................................................................................................................... 10 Facility Standards ....................................................................................................... 10 Library Facilities and Operations ................................................................................. 10 Parks and Recreation.................................................................................................. 11 IV. GENERAL GOVERNMENT .............................................................................................. 11 A. Business Efficiency..................................................................................................... 11 B. California Operational Area Coalition (COAC) ............................................................ 12 C. Civil Rights ................................................................................................................. 12 D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. V. County Law Library..................................................................................................... 12 Project Delivery Authority ........................................................................................... 13 Disaster Relief ............................................................................................................ 13 Economic Development .............................................................................................. 13 Employment Verification ............................................................................................. 14 FEMA and Insurance on Public Buildings ................................................................... 15 Information Superhighway .......................................................................................... 15 Labor Relations .......................................................................................................... 15 Legal .......................................................................................................................... 16 Liabilities and Immunities............................................................................................ 16 Local Public Meeting Procedure ................................................................................. 17 Military Benefits .......................................................................................................... 17 Payday Lenders ......................................................................................................... 17 Petroleum Pricing Practices ........................................................................................ 17 Public Records and Communication ........................................................................... 17 Unemployment Compensation.................................................................................... 18 Workers’ Compensation ............................................................................................. 18 HEALTH AND HUMAN SERVICES .................................................................................. 18 A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Behavioral Health ....................................................................................................... 19 Block Grant Funding ................................................................................................... 22 Care-Givers ................................................................................................................ 22 Child Care and Development ...................................................................................... 22 Child Welfare Services ............................................................................................... 23 Emergency Medical Services (EMS)........................................................................... 25 Faith Based Services .................................................................................................. 25 First 5 Commission ..................................................................................................... 26 Fraud Detection and Prevention ................................................................................. 26 General Relief ............................................................................................................ 27 Homeless/Supportive Housing.................................................................................... 27 Housing and Community Development....................................................................... 28 Issues Affecting Older Adults ...................................................................................... 29 Maternal Child Health ................................................................................................. 32 Medi-Cal ..................................................................................................................... 32 Medically Indigent Services ........................................................................................ 33 Mobile Remote Workforce Expansion ......................................................................... 33 Public Health .............................................................................................................. 33 Self-Sufficiency ........................................................................................................... 36 Skilled Nursing Facilities ............................................................................................. 37 Temporary Assistance for Needy Families (TANF) ..................................................... 38 2-1-1 Services ............................................................................................................. 38 Welfare Reform ........................................................................................................... 39 VI. PLANNING AND LAND USE ............................................................................................ 39 A. B. C. D. E. California Environmental Quality Act (CEQA) ............................................................. 39 Eminent Domain ......................................................................................................... 40 General Plans and Land Use Planning ....................................................................... 40 Housing Programs ...................................................................................................... 40 Impact of Activities on Indian Reservations................................................................. 41 F. Local Agency Formation Commissions (LAFCO) ........................................................ 41 G. Regional Airport .......................................................................................................... 42 H. Regional Growth Management ................................................................................... 42 VII. PUBLIC SAFETY ............................................................................................................. 42 A. B. C. D. E. F. G. H. I. J. K. L. Child Support Enforcement ......................................................................................... 42 Crime.......................................................................................................................... 43 Detention Facilities ..................................................................................................... 44 Drugs….. .................................................................................................................... 45 Emergency/Disaster Management .............................................................................. 45 Ex-Offender/Reentry Programs .................................................................................. 46 Grant Programs .......................................................................................................... 46 Information Technology Infrastructure ........................................................................ 46 Peace Officers ............................................................................................................ 47 Restoration of Competency ....................................................................................... 47 Securing Our Border ................................................................................................... 47 Sex Offenders/Human Trafficking ............................................................................... 47 VIII. RESOURCES AND ENVIRONMENT ............................................................................... 48 A. B. C. D. E. F. G. H. I. J. K. L. Agricultural Services ................................................................................................... 48 Biotechnology ............................................................................................................. 52 California Energy ........................................................................................................ 52 Climate Change .......................................................................................................... 53 Development Process Improvements Related to the Endangered Species Act .......... 53 Environmental Health ................................................................................................. 54 Historical and Cultural Preservation ............................................................................ 56 Land and Water Conservation Fund ........................................................................... 56 Offshore Oil Drilling – Outer Continental Shelf ............................................................ 56 Water Availability and Resources ............................................................................... 56 Watershed Planning and Water Quality Management ................................................ 57 Wildlife Preservation – Habitat Protection ................................................................... 58 IX. TRANSPORTATION AND PUBLIC WORKS .................................................................... 59 A. B. C. D. E. F. G. H. Airports… ................................................................................................................... 59 Infrastructure Development in Support of Business and Commerce ........................... 60 Metro Sewer System Upgrade .................................................................................... 60 Sanitation Districts ...................................................................................................... 61 Solid Waste Planning and Disposal ............................................................................ 61 Solid Waste Recycling ................................................................................................ 61 Streambed Alteration Permits – Public Projects .......................................................... 61 Transportation ............................................................................................................ 62 Attachment C County of San Diego LEGISLATIVE POLICY GUIDELINES 2017 In addition to the Legislative Policy Guidelines, the Board of Supervisors has approved a number of legislative policies (M-policies) that provide the Office of Strategy and Intergovernmental Affairs with additional policy direction to advocate on behalf of the County of San Diego. I. AIR POLLUTION CONTROL The policy of the County of San Diego (Air Pollution Control District) with respect to various air pollution control issues shall be as noted below. A. Air Quality Regulations 1. Support legislation that would provide local flexibility to implement trip reduction programs in non-attainment areas for the State smog standard. 2. Support legislative efforts to amend the federal Clean Air Act to discount transported air pollution when classifying down-wind areas and require the state to reduce pollution from up-wind areas to assure attainment of federal standards in the down-wind areas. 3. Support legislative efforts to provide for the automatic federal approval of proposed revisions to State Implementation Plans if the Environmental Protection Agency (EPA) fails to take action on such revisions within 12 months of their submittal. 4. Support federal legislative efforts to require the EPA to adopt regulations and policies to ensure that existing state and local programs controlling emissions of hazardous air pollutants, which are equally or more protective of public health, can be found equivalent to National Emissions Standards for Hazardous Air Pollutants promulgated to EPA for a specified source category. 5. Support federal legislative efforts to simplify and streamline the Title V operating permit program in California by optimizing the use of the current permit program and restricting additional requirements to only those necessary to meet minimum requirements of the federal Clean Air Act. 6. Support federal legislation to require the federal Environmental Protection Agency to mandate maximum feasible emission reductions from emission sources over which the Environmental Protection Agency has responsibility for such reductions. 7. Support legislation to require all mobile emissions source categories provide their fair share of emission reductions needed to meet state and federal emission reduction targets, including those for greenhouse gases (GHG). 1 Attachment C 8. Support legislation to require additional, cost-effective reductions in mobile source emissions. 9. Oppose legislation that creates administrative burdens on air pollution control agencies and regulated sources and that provide little or no air quality benefits. 10. Support legislative efforts that would maintain the authority of local districts to regulate stationary sources of air pollution by limiting or rejecting any increases in the allowable uses of registered portable equipment at those sources. 11. Oppose legislation that prohibits air pollution control districts from imposing emission limits, testing, and reporting requirements on already regulated stationary source categories. 12. Oppose legislation that creates an elected California Air Resources Board, and eliminates the requirement for some members to retain technical expertise in the following categories: Automotive engineering or closely related fields; chemistry, meteorology, or related scientific fields, including agriculture or law; physician and surgeon or an authority on health effects of air pollution; and an additional member who meets one of these qualifications or has expertise in air pollution control. 13. Oppose legislation or administrative actions that would result in the loss of the San Diego region position on the California Air Resources Board. B. California Environmental Quality Act (CEQA) 1. Support legislative efforts to require project applicants to pay lead and responsible agencies for all costs associated with CEQA reviews and indemnify such agencies against court costs, attorney’s fees and judgments related to their projects. C. Emission Reduction Programs 1. Support legislation that encourages or incentivizes the use of low emission vehicles such as plug-in hybrids. 2. Support legislation that encourages or incentivizes the use of cleaner burning alternative fuels. 3. Support legislation that encourages or incentivizes the use of higher efficiency consumer products, including appliances. D. Funding 1. Support legislative efforts to maintain federal grant funds to air districts at levels commensurate with federal mandates. 2. Support legislative efforts to continue the direct funding of air districts in the event federal air grants are included in block grants to the states. 3. Support legislative efforts to assure that state grants to local air districts are maintained commensurate with state mandates. 2 Attachment C 4. Support legislative efforts to increase funding of emission reduction programs related to stationary and mobile sources. 5. Support state legislation to allow air districts more flexibility in how state funding is allocated for projects reducing emissions from mobile sources. 6. Support state legislation to provide funding to increase toxic air contaminant monitoring locations in California. 7. Support state legislation to fund state board costs for the Air Toxics Hot Spots program from the state general fund. 8. Support legislation to help ensure San Diego County receives an equitable and population-based share of state and federal air quality improvement funding. 9. Support legislation to give more weight to population in providing funding to air pollution control agencies. 10. Support legislation to provide funding to reduce diesel emissions from school buses. 11. Support legislation that would require that fines and penalty monies for violations issued by an air district remain with that air district. 12. Support legislation that would allocate state funding to air districts for emission reduction projects (e.g., Carl Moyer program projects) in a manner that is more closely based on population distribution. 13. Support legislation that would increase state subvention funding for air pollution control districts to pay for state-mandated air pollution control activities that help protect public health. 14. Support legislation that provides funding to reduce emissions from goods movement. 15. Support legislative action that extends the availability of incentive fund programs for emission reduction. E. Single-County Air Pollution District 1. Oppose state legislation that would require single-county air pollution districts to include representatives from cities on their governing boards. 3 Attachment C II. BUDGET AND FISCAL The policy of the County of San Diego with respect to various budget and fiscal matters shall be as noted below. A. Bond Funding Distribution 1. Support legislation that includes an equitable allocation and distribution of bond funding selection criteria that allows for the participation of all jurisdictions throughout California, including San Diego. 2. Support legislation that recognizes the unique characteristics of border areas and the needs for related infrastructure such as ports and ports of entry, transportation related to goods movement, and air quality related to cross border pollution. 3. Support legislation that provides maximum flexibility to local jurisdictions for making decisions on the use of bond funds for local projects. B. Federal Funding 1. Support federal legislation that would require states to distribute federal pass-through funds in an equitable manner to local subdivisions of the state. 2. Oppose legislation that would prospectively or retroactively restrict or eliminate the availability of traditional local government financing practices and instruments, such as the issuance of tax exempt obligations on a direct or conduit basis. C. Government Restructuring 1. Support legislation that would align responsibility with authority and provide the necessary resources to execute the responsibility. 2. Support legislation that would eliminate competition among local agencies for the authority or resources reasonably necessary to discharge their responsibilities. 3. Support legislation that would manage the tax burden on the public to prevent taxation from growing faster than personal income growth. 4. Support legislation that would address the inverse relationship between tax revenue and service demand. 5. Support legislation that would bring state and federal laws into line with existing County regulations and ordinances. 6. Support legislation that provides consistency between California code of regulations and state statutes. 7. Support legislation that improves notification and transparency within the application process for the exercise of the governor’s commutation power. 4 Attachment C D. Incorporations/Revenue Neutrality 1. Oppose legislation that would repeal the revenue neutral provision; and support improvements on procedural, definitional and technical issues related to the incorporation process of a new city that would enhance the transition to cityhood. E. Maintenance of Effort Requirements 1. Support legislation that would eliminate, for non-Prop 172 programs, financial and service level maintenance-of-effort requirements. F. Mandated Programs 1. Support legislation that would require the state and federal governments to provide full funding of all costs to counties for all mandated programs. Oppose legislation that fails to provide adequate funding for mandated programs. 2. Support legislation that would provide that the state reimburses counties for any unfunded mandate imposed by a ballot measure that has previously been found by the Commission on State Mandates to contain reimbursable activities or programs. 3. Support legislation that would prohibit the state from mandating that a county participate in a specific demonstration or pilot project without the express consent of the board of supervisors of that county. 4. Oppose a "super mandate" that would set as the first priority of local government one type of service or services, such as law enforcement or fire services, without regard for other mandated services. 5. Oppose legislation that would impose on counties a mandated service for which the County is required to raise a local fee or tax to generate monies to fund the services. 6. Support legislation that would protect residents of the unincorporated area from the costs that may result from region-wide mandates. 7. Support legislation that would expand local government representation on the Commission on State Mandates. 8. Support legislation that streamlines the state mandate process, making the reimbursement process less lengthy or onerous for local government. 9. Support legislation that provides relief to counties from penalties associated with mandated programs. 10. Support legislation that requires the state to evaluate the cumulative fiscal impact on local government when considering proposals that change existing law. 11. Oppose legislation creating local mandates or programs that do not provide full funding and resources for additional regulatory activities to be carried out by local government. 5 Attachment C G. Prevention Efforts 1. Support legislation focusing state and federal resources on services that prevent costly social and health problems, and thereby avoid the need for more costly state or local intervention at a later time. 2. Support legislation restricting advertisement of tobacco, liquor and other products that are known to damage health. H. Revenues, Fees and Taxes 1. Alcoholic Beverage Excise Tax a. Oppose legislation that would place into the constitution inadequate alcohol excise tax limits, and that would not guarantee a fair distribution of proceeds to counties to address alcohol related health care and law enforcement needs. 2. Government Tax Exemptions a. Oppose exemptions that would reduce local revenue without compensating revenues or reductions in service responsibility. 3. Property Tax Administration a. Support legislation that would require that all local taxing agencies share in the cost of property tax administration. b. Support state reimbursement to backfill counties for the reduction in property tax administration fees resulting from property tax shifts in FY 1992-93 and FY 1993-94. c. Support legislation that would offset the costs incurred by the County in administering the property tax system on behalf of other taxing agencies. d. Support reinstatement of funding for the Property Tax Administration Program (PTAP). 4. Property Tax Revenue Allocations a. Support a statutory or constitutional redistribution of property tax revenues that more equitably reflects local government responsibilities. b. Oppose measures requiring counties to provide a share of existing property tax revenue to "no" or "low property tax cities." c. Support legislation that would repeal the FY 1992-93 and FY 1993-94 property tax shifts from counties to schools. d. Support an allocation of property tax that would provide the County a fair share of this resource based on the statewide average prior to the shift of property taxes in FY 1992-93. 6 Attachment C e. Support clarification to deem the allocation methodology used by counties to allocate property taxes for FY 1978-79 was in accordance with current law. 5. Retail Sales Tax Fund a. Support sales tax distribution formulas that would allocate sales tax funds based on a combination of population and situs, with sales tax growth allocated throughout the region on a per capita basis. 6. Sales Tax Exemption for Local Governments a. Support legislation that would exempt local governments from payment of state and local sales tax on the purchase of goods. 7. Payment in Lieu of Taxes (PILT) and Secure Rural Schools a. Support full funding of the PILT and Secure Rural Schools programs. 8. Tax Increment Financing a. Support legislation to reinstate tax increment financing as a tool for projects beneficial to the region, but only if protections are included to mitigate negative financial and operational impacts on affected agencies. b. Oppose legislation that would expand the application of tax increment financing without appropriate criteria to protect against abuse. 9. Taxing Authorization a. Oppose legislation that would reduce local discretion over locally imposed taxes such as transient occupancy tax. b. Support a constitutional amendment prohibiting California courts from ordering a legislative body to raise local levies — such as taxes, fees and assessments — to fulfill a court order. 10. Gas Tax a. Support legislation that would protect gas tax allocations to counties and cities, and/or prevent the state from suspending gas tax payments for any time period. 11. County Fines, Fees and Charges a. Support legislation that would give local government agencies authority to send delinquent civil and criminal amounts owed, where the amount has been reduced to a judgment or is contained in an order of the court, to the Franchise Tax Board (FTB) and/or Internal Revenue Service (IRS) for collection. b. Oppose legislation that shifts fines, fees and forfeitures away from the County. 7 Attachment C 12. State Fees and Fee Administration a. Support legislation that would require the state to provide an adequate apportionment of funds collected by the state to the County to execute the local responsibility. b. Support legislation that requires the state to include a public outreach component with any new fee the state requires the County to collect on its behalf. 13. Taxation of Employee Deferred Compensation Plan Contributions a. Support legislation that would provide state or local public sector employees with the option of paying taxes on their deferred compensation plan contributions at the time in which the contributions are made in exchange for receiving tax free distributions at retirement. b. Support federal legislative efforts that would extend to all retirees the option to use tax free distributions from qualified retirement plans to pay for medical and long term care premiums. 14. Small Business a. Support legislation that facilitates the State’s engagement with federal small business technical assistance grants. I. Stabilization/Long Term Financing of Local Agencies 1. Support legislation that would stabilize local government financing, to increase funding to local agencies in an equitable manner, and to permit the most cost-efficient management of state mandated programs. 2. Support legislation that would, during a state budget crisis, allow local agencies to provide temporary loans between funds under that agency’s control and discretion, so long as interest is paid. J. Statewide Initiative Process 1. Support legislation that would require that each provision of an initiative measure must be reasonably germane to the general objective of the measure and interdependent with other provisions. 2. Support legislation that would prohibit an initiative from imposing unfunded requirements for new or expanded programs. 3. Support legislation that would prevent the initiative process from being used to incur long-term debt. K. Suspension of State Bonds 1. Continue to urge the Legislature and the Governor to pass an on-time budget. 8 Attachment C 2. Support legislative action that would allow suspended funds to be expended now and guarantees funds will be reimbursed when a funding freeze is lifted. 3. Support legislative action that provides the necessary time extension for deadlines established by bond measures impacted by a potential Pooled Money Investment Board (PMIB) suspension action. 4. Provide funding for invoices that are submitted prior to a PMIB suspension action. III. COMMUNITY SERVICES The policy of the County of San Diego with respect to issues relating to community services shall be as noted below. A. Animal Services 1. Support legislation that would increase criminal penalties for the ownership, possession, keeping, training, or transportation of a gamecock or other fighting bird, with the intent that such animal be used or engaged by any person in an exhibition of fighting. 2. Support legislation that would promote the spaying or neutering and/or microchip identification of dogs and cats sold by retail pet shops. 3. Support legislation that would provide for a safety plan and information sharing regarding any animal exhibited by a traveling circus or carnival. 4. Support legislation that would amend the federal Animal Welfare Act to ensure humane standards for the treatment of dogs at puppy mills. 5. Support legislation that would prohibit any person from breeding any animal which he or she knows is intended for use in any exhibition or other activity involving a fight between such animal and any other animal or human, or the intentional killing of any animal for the purpose of sport, wagering, or entertainment. 6. Support legislation that would increase the penalty for any spectator, including minors, who visit or attend an exhibition of animal fighting from misdemeanor to a felony. 7. Support legislation that would increase criminal penalties for any individual who hosts, permits, aids or causes an animal fight on their premises. 8. Support legislation that would increase criminal penalties for any individual who is found to be in possession of cockfighting paraphernalia. 9. Support legislation that would increase statewide animal control officer training to the standards of the County of San Diego, provided there is no additional cost to the County as a result of the legislation. 9 Attachment C 10. Support legislation that would promote or require animal-related businesses (pet stores, board facilities, horse stables, etc.) to have a disaster plan on file with the local animal control agency for the evacuation, transportation and sheltering of the animals at their place of business. 11. Support legislation that would promote the microchipping of dogs and cats. 12. Support legislation that would establish uniform standards for the conduct of administrative hearings and/or minimum training/certification standards for administrative hearing officers. B. Elections 1. Support legislation that would require the state to pay all expenses for a special election proclaimed by the Governor to fill a vacancy in the state Senate or Assembly, or in the U.S. Senate or House of Representatives, or for a special statewide purpose. 2. Support legislation that would restrict voting eligibility on county ballot measures affecting only unincorporated areas to voters registered in those areas. 3. Support legislation that would increase the maximum count of voters allowed in each election precinct. 4. Support legislation requiring stronger voter identification procedures while registering or voting, including presentation of proof of citizenship and photo identification. 5. Support legislation that strengthens penalties for persons convicted of voter fraud. 6. Support a change in state law that would allow all-mail ballot elections in San Diego County. 7. Support legislation that improves or enhances the County of San Diego’s authority to conduct all-mail ballot elections for state legislative and congressional special elections. 8. Support legislation that would prohibit an administrator of a school district or community college district from soliciting contributions for the campaign or legal defense fund of an elected official, or any candidate for an elected office, of that district. 9. Support legislation that clarifies the requirements for conducting a post-election canvass to ensure timely certification of the election results. C. Facility Standards 1. Support legislation protecting local discretion regarding building and fire code standards. D. Library Facilities and Operations 1. Support legislative efforts to provide long-term stable funding for ongoing operations of local libraries through the existing property tax. 10 Attachment C 2. Support legislation that would authorize a community, upon an affirmative vote of the electorate, to impose a fee or benefit assessment for library purposes. 3. Support legislation that would restore and provide full funding for the Public Library Fund for California public libraries. 4. Support legislation that would restore and provide full funding for the Transaction Based Reimbursements (TBR) Program. E. Parks and Recreation 1. Support legislation that preserves natural resources and provides opportunities for environmental education or outdoor recreation. 2. Support funding for physical activity programs that encourage a healthy lifestyle. 3. Support legislation that proposes a change in the distribution of Forest Reserve payments which would provide counties the flexibility to determine how to locally allocate the funds. 4. Support funding for dredging and water management improvements at Lindo Lake in Lakeside. 5. Support funding and policy proposals to provide an important trail linkage for the Stowe Trail in the County’s regional trail network, allow recreational trail use, and function as a habitat corridor for wildlife. 6. Support funding to provide needed connections within the Trans County Trail or other regional trail systems. 7. Support funding for recreational trails and pathways as alternative transportation routes. 8. Support funding for restoration efforts and flood control in regional watershed river parks. IV. GENERAL GOVERNMENT The policy of the County of San Diego with respect to various general government matters shall be as noted below. A. Business Efficiency 1. Support legislation that would simplify or eliminate governmental regulation of local government or businesses, or eliminate duplication of federal, state and local requirements. 2. Support legislation that allows local, state, or federal governments to streamline operations and business efficiency. 3. Support legislation to eliminate additional duties imposed on local jurisdictions without adequate funding to offset increased responsibility and associated costs. 11 Attachment C 4. Oppose legislation where appropriate funding for proper implementation of a new process is not provided by the state or federal government. 5. Oppose legislation that would impose federal financial penalties on the County resulting from action or inaction by the state. 6. Oppose legislation that reduces or modifies local authority if it is adverse to existing programs, policies, procedures or processes. 7. Support legislation that provides state and/or federal funding for programs that ensure consumer protection. 8. Support legislation that offers favorable tax deductions or credits and/or other incentive and rebate programs for county capital projects. 9. Support legislation that exempts local government agencies from the autodial provisions of the Telephone Consumer Protection Act. 10. Support legislation that allows local government agencies to participate in the Treasury Offset Program (TOP). 11. Support legislation that would enable County employees who perform inspections in their personal vehicles to receive a confidential listing in the Department of Motor Vehicles if requested. 12. Oppose legislation that would modify the size of the Board of Supervisors and/or reduce their existing authority to appoint county executives or county counsels. B. California Operational Area Coalition (COAC) 1. Support establishment of the COAC as an affiliate member of the California State Association of Counties (CSAC). C. Civil Rights 1. Support legislation that would strengthen protections and remedies against employment discrimination without placing an unfair burden of proof upon employers. 2. Support legislation that would have a positive impact on race/human relations. D. County Law Library 1. Support a permanent and secure funding source for county law libraries and ultimately transferring all responsibilities, including financial support, for law libraries away from counties to courts or other appropriate state agency, consistent with other court-related functions that have been transferred from counties to the state. 12 Attachment C E. Project Delivery Authority 1. Support legislation that would extend and/or make permanent the authority for counties to use the design-build method of procurement for public works projects. 2. Support legislation that would expand the allowed use of the design-build process to include projects costing less than $2.5 million. 3. Support legislation that would allow aggregation of similar design-build projects on two or more separate sites. 4. Support legislation that would streamline the evaluation criteria for design-build entities throughout the selection process. 5. Support legislation that would expand design-build authority to include authority for the alteration, repair, or improvement of any building owned or leased to align with that of the Construction Manager at Risk delivery method. 6. Support legislation that would allow the option to award annual extensions of job order contracts for up to two additional years. 7. Support legislation that would allow the use of Multiple Award Construction Contracts as a project delivery method for new construction, as well as maintenance, repair, and renovation projects. F. Disaster Relief 1. Support legislation that would extend the timeframe in which a property owner may transfer the base-year value of property damaged or destroyed in a declared disaster to a replacement property (within the same county). 2. Support legislation that would provide or increase funding for the San Diego region in the event of a disaster or emergency. 3. Support legislation that would provide increased funding and flexibility to local housing authorities for housing and/or housing-related services (such as emergency vouchers, utility assistance programs, and other rapid re-housing programs) in the event of a disaster or emergency. G. Economic Development 1. Support legislation that would enhance business development and the creation of jobs by improving the availability of loans for business development and targeted tax credits, including expansion of Enterprise Zones tax credits for worker recruitment. 2. Support legislation that would authorize counties to exempt public works projects from the prevailing wage requirement. 3. Support legislation that would conform state law to federal provisions which exempt nonprofit organizations and volunteer labor from requirements of the Davis-Bacon Act regarding prevailing wage. 13 Attachment C 4. Support legislation requiring state and federal agencies to prepare an economic impact analysis of proposed regulations. 5. Support legislation and regulatory changes eliminating state requirements, which exceed parallel federal requirements. 6. Support legislation that would offer financial incentives to businesses wanting to expand or relocate in the state. 7. Support legislation that would increase the capital expenditures limit on the use of taxexempt industrial development bonds. 8. Support legislation that would expand the powers of locally established authorities that issue tax-exempt industrial development bonds. 9. Support legislation that provides tax incentives thereby encouraging reinvestment in businesses, thus helping the region’s economy to grow. 10. Support legislation that enacts reforms that would improve the business climate and strike a balance between economic development and environmental protections. 11. Support legislation to establish and fund institutions of higher education in the San Diego region thereby enhancing economic development. 12. Support legislation that diverts property tax increment revenue to finance public works projects in border development zone infrastructure finance districts. 13. Support legislation that would make it easier to establish an assessment district for business and mixed-use developments in cities and counties. 14. Support efforts that would adjust the Federal Housing and Finance Agency’s 2010 direction to Fannie Mae and Freddie Mac prohibiting the mortgage lenders from purchasing mortgages with Property Assessed Clean Energy (PACE) assessments, so that residential PACE programs can move forward. 15. Support legislation that would allow a Property Assessed Clean Energy (PACE) lien to be subordinated so that the County can further pursue options for residential PACE programs. 16. Oppose federal or state legislation that would eliminate or restrict the use of Orcas at Sea World. H. Employment Verification 1. Support legislation that advances the use of E-Verify or a similar federal system by government agencies and the private sector. 2. Oppose legislation that would limit the County’s ability to review and consider criminal conviction history and credit history in the hiring process. 14 Attachment C 3. Oppose legislation that attempts to eliminate or restrict the County’s receipt of Subsequent Arrest Notifications and Subsequent Arrest Disposition Notifications. I. FEMA and Insurance on Public Buildings 1. Oppose federal legislation or regulations that would require local governments to purchase property insurance, or earthquake insurance, on public buildings as a condition of eligibility for federal disaster assistance. J. Information Superhighway 1. Support federal legislation that would permit counties to require franchise agreements, and impose franchise fees, for companies wishing to use the public right-of-way to offer cable television and video services. 2. Support legislation that encourages competition for cable television or video services, to the extent it does not eliminate or diminish rights currently held by the County, as specified below. 3. Oppose legislation that would diminish the County’s control of the Public Right of Way (PROW). 4. Oppose legislation that would eliminate or diminish the County’s ability to utilize cable television or telecommunications resources for emergency response purposes, including the ability to use cable television resources to provide essential information to the public during an emergency or natural disaster. 5. Oppose telecommunications legislation that restricts or removes the County’s ability to regulate facilities in the Right-of-Way. 6. Support legislation that prohibits competitive video service providers from denying service to any group of potential subscribers because of the income of residents in the local area (redlining). 7. Oppose legislation that reduces the County’s ability to enforce anti-redlining measures through its franchise authority. 8. Support legislation to improve broadband accessibility in San Diego County and throughout California. K. Labor Relations 1. Oppose legislation that would impede local administration of labor relations. 2. Oppose legislation that would require compulsory binding arbitration for public employees. 3. Oppose legislation that would increase county costs or mandate currently negotiable employee group health and welfare benefits. 15 Attachment C 4. Oppose legislation that would increase the cost of administering benefits or mandate that specific group health and welfare benefits be provided to all employees. 5. Support legislation modifying the Fair Labor Standards Act (FLSA) to permit adjustable work schedules to meet the needs of management and labor. 6. Support legislation that would require the Secretary of Labor to promulgate regulations relieving public employers of the requirement to pay premium overtime to highly-paid management, administrative and professional employees, as well as retroactive relief for prior overtime liability. 7. Oppose legislation that would expand the Public Safety Officers Bill of Rights to nonpeace officer employees. 8. Oppose legislation that would limit an employer’s ability to engage in electronic monitoring of the usage of equipment provided to employees. L. Legal 1. Support legislation that provides public and private accommodations/facilities with the opportunity to cure alleged violations within a reasonable time before a lawsuit can be filed. 2. Oppose legislation that would require trial venues to be held outside of the County of San Diego. 3. Oppose legislation that increases the County’s liability or puts local government at risk for litigation. 4. Support legislation that would allow the recovery of attorney’s fees incurred in successfully opposing motions to vacate bail bond forfeitures and in opposing motions to extend the appearance period prior to the division of the forfeited bail money. M. Liabilities and Immunities 1. Support legislation limiting the liability exposure of public agencies and those with whom they contract to provide public services. 2. Oppose legislation that would weaken the Medical Injury Compensation Reform Act (MICRA), and support legislation that would continue to limit excessive litigation and medical malpractice insurance premiums. 3. Support legislation that would eliminate the joint and several liabilities of public agencies, and replace it with the doctrine of comparative negligence. 4. Support legislation that would repeal or modify state and federal statutes governing the awarding of attorneys’ fees in actions against public entities so as to limit the exposure of the public entity. 5. Support legislation that would impose a statute of limitations on requests to pay punitive damages for cases that involve county employees. 16 Attachment C N. Local Public Meeting Procedure 1. Oppose legislation proposing to restrict the use of executive sessions of the Board of Supervisors. 2. Oppose legislation unreasonably expanding the application of the Brown Act. 3. Support legislation that would prevent the state from waiving existing statutory requirements related to noticing and conducting open public meetings. O. Military Benefits 1. Support legislation that would end the Survivor Benefit Plan (SBP) – Dependency and Indemnity Compensation (DIC) offset, also known as the “widow’s tax.” P. Payday Lenders 1. Support removal of loopholes in state and federal regulations governing financial institutions that exempt some financial services providers from basic consumer protections, resulting in short term loans at very high interest rates and fees. Q. Petroleum Pricing Practices 1. Support legislation that would require the phase out of refiner operated retail service stations. 2. Support legislation that would specifically provide that local governments are not preempted from regulating competitive conditions affecting the retail price of gasoline within their jurisdictions. 3. Support legislation that would limit the expansion of refiner owned stations that compete with franchisees. 4. Support legislation that would provide that a branded gasoline franchisee may purchase the franchiser’s branded petroleum products from any location or through any vendor in the franchiser’s wholesale network. 5. Support legislation that would prohibit a refiner, distributor, manufacturer, or transporter of petroleum products from charging a franchisee a wholesale price that is markedly out of line with prices in adjacent markets. 6. Support legislation that would require the State Energy Resources Conservation and Development Commission to regularly acquire information, by company and key city market location, on retail and relevant wholesale prices of motor vehicle fuels, and to make the information available to the public. R. Public Records and Communication 1. Support legislation that would permit public agencies to charge fees for the full recovery of "extraordinary direct costs" incurred in the process of responding to all types of 17 Attachment C request for public records, including both electronic databases and non-electronic written records and documents. 2. Oppose legislation that would require local agencies to provide databases in digital format for the cost of duplication only. 3. Support legislation that requires a trustee’s deed to include responsible party contact information when the document is recorded. 4. Support legislation that would allow local agencies to establish records retention schedules and retain records for a reasonable amount of time. 5. Oppose legislation that prohibits officers or employees of a local agency that are involved in a state audit or investigation from discussing the information with appropriate county staff, county counsel, local government officials or technical experts. 6. Support legislation clarifying that if a state or local agency record is unlawfully possessed or exempt from disclosure, there is no requirement to make a copy of that record for the person who is returning it pursuant to existing law. 7. Support legislation that amends the State Property Tax Rules to allow electronically signed electronic filings of Property Tax Assessment Appeal Applications. S. Unemployment Compensation 1. Oppose legislation that would increase employer liability for unemployment compensation, or that would reduce local discretion to manage this risk. T. Workers' Compensation 1. Oppose legislation that would provide or expand presumptive eligibility for the award of benefits for Workers' Compensation or other employee benefits. 2. Oppose legislation that would increase employee benefits without system reforms that would offset increased employer costs. 3. Support legislation that would require rehabilitation services only if a worker is permanently disabled and unable to obtain suitable employment. 4. Support legislation that would allow for decreased employer costs within the Workers’ Compensation system. V. HEALTH AND HUMAN SERVICES The policy of the County of San Diego with respect to various health and human service matters shall be as noted below. 18 Attachment C A. Behavioral Health 1. Gambling Treatment Services a. Support legislation to provide funding for gambling treatment services. 2. Alcohol and Drug Programs a. Support legislation to stabilize and expand funding for alcohol and drug treatment services for adolescents, their families and adults. b. Support legislation to prohibit alcoholic beverage companies from marketing alcoholic beverages directed at youth under the age of 21. c. Support legislation to allocate all surtaxes, interest, and penalties collected as a result of a reclassification of alcoholic beverages from beer to a distilled spirit to fund alcohol and other drug prevention and treatment services. d. Support funding to expand, promote and encourage voluntary and free Responsible Beverage Sales and Service Training to employees of California Alcohol Beverage Control off and on sale licensees, including all direct sales clerks, bartenders and beverage servers in tasting environments. e. Support legislation to establish state Alcohol and Drug Programs regulation and oversight of sober living homes. f. Support legislation that would establish stable funding for the Screening and Brief Intervention Referral and Treatment program. g. Support legislation that would allow the use of Medi-Cal funds for the Screening and Brief Intervention Referral and Treatment program. h. Support legislation that would remove categorical restrictions regarding the integration of primary health, alcohol and drug and mental health services funds. i. Oppose legislation that attempts to make further cuts to state and federal alcohol and drug treatment funding. j. Support legislation to allow County the flexibility to utilize federal and state funding for behavioral health services delivered by both Federally Qualified Health Centers (FQHC) and community licensed treatment programs. k. Support legislation that would establish effective regulation and controls for the marketing of medical marijuana and to prohibit distributors from using advertising practices aimed at youth under the age of 21. l. Support funding for collaborative Drug Courts including DUI, Dependency Drug Court, and Reentry Court. 19 Attachment C m. Support legislation establishing certification and licensing provisions relating to alcohol and drug counselors to be administered by the State of California and ensure consistency in certification standards. n. Support legislation that seeks to maintain and utilize the CURES system to monitor prescription drug abuse. o. Support legislation that would allow substance abuse disorder (SUD) treatment programs licensed by the State to include on-staff physicians with knowledge of addiction medicine as a part of a multidisciplinary healthcare team. 3. Substance Abuse and Crime Prevention Act (Proposition 36) a. Support legislation to provide full funding to counties to fulfill Proposition 36 responsibilities and allow maximum flexibility in the administration of state programs. b. Support legislation to limit participant eligibility in the Proposition 36 program when the annual allocation to counties is not sufficient to fully fund state mandates. c. Support legislation that would allow judicial discretion to use flash incarceration, similar to Drug Court, for Proposition 36 participants. d. Support legislation that would revise eligibility criteria based solely on charges, to allow for a suitability assessment to be conducted by a trained treatment provider. e. Support legislation that would allow funds to be used for drug testing. 4. Mental Health a. Support legislation that would provide an equitable allocation of state and federal mental health funds and provide increased funding in the form of a cost of living adjustment (COLA) for all programs. b. Support legislation that would ensure that foster children and their parents/guardians have information about and access to safe and effective treatment for children’s mental health problems, including available medications. c. Support legislation that would establish and fund programs that provide better care coordination for adults and older adults with mental health disabilities and children with mental health special needs. d. Oppose legislation that would impose an undue higher monitoring standard for psychotropic medications than for non-psychotropic medications. e. Support legislation that appropriates funding to augment services and programs that focus on addressing and preventing factors associated with the high incidence of youth suicide and self-inflicted injuries. f. Support legislation to continue flexibility in the allocation of Mental Health Services Act (MHSA) funds to counties. 20 Attachment C g. Oppose legislation designed to divert MHSA funds away from the provision of behavioral health services. h. Oppose legislation designed to divert local control of MHSA funds away from counties unless specific provisions ensure the funding will be designated to the local county at a rate no less than the original allocation. i. Support legislation that aligns state law with federal law to provide for full retroactive reimbursement for past mandate claims for Special Education children placed in forprofit facilities. j. Support federal legislation to remove the exclusion of Medicaid coverage for patients aged 21 through 64 who are treated in an Institution for Mental Disease (IMD) or a free-standing non-governmental psychiatric facility. k. Support legislation to encourage and facilitate the integration of alcohol and drug services, mental health and primary health services delivery models. l. Support funding for behavioral health courts. m. Support legislation that provides military service veterans afflicted with mental health disorders as a result of their military service, and are criminal defendants, with sentencing court options for treatment and rehabilitation services that will allow them to be self-sufficient and successfully re-integrate into society. n. Oppose legislation that would require acute psychiatric hospitals to maintain a statemandated patient classification system that imposes criminal penalties for accidental noncompliance. o. Support legislation to authorize Marriage and Family Therapists (MFTs) to bill MediCal for behavioral health services. p. Support legislation that would strengthen the enforcement process of the judicial order for mental health treatment under Laura’s Law, while protecting the civil rights of the mentally ill. q. Support legislation that would identify additional revenue streams and allow the use of funding sources that are not currently an option to support the implementation of Laura’s Law. r. Support legislation to provide Institutes of Mental Disease (IMDs) appropriate reimbursement rates and to remove the IMD exclusion of patients aged 21-64 from Medicaid reimbursement. s. Support legislation that would establish and fund suicide prevention and other programs specifically designed to assist military service members and veterans in dealing with post-traumatic stress disorder and associated illnesses. t. Support legislation that increases funding for expanded services for children under the Katie A. lawsuit. 21 Attachment C u. Support legislation that would further expand funding for services for children experiencing a psychiatric crisis and expand crisis residential licensing for this age group. B. Block Grant Funding 1. Support legislation that fully funds Social Services Block Grant (SSBG) programs and increases the SSBG allocations to keep up with inflation and population growth. 2. Support legislation that fully funds for Community Services Block Grant (CSBG) programs and increases the CSBG allocations to keep up with inflation and population growth. 3. Support legislation to fully fund the Substance Abuse and Mental Health Services Administration Block Grant (SAMHSA) programs for clients diagnosed with mental health and substance abuse issues, and increase the SAMHSA allocations to keep up with inflation and population growth. 4. Support legislation to fully fund Prevention Block Grant (PBG) to support public health prevention programs. C. Care-Givers 1. Support legislation that would provide a tax credit to elder caregivers, child care providers, and foster parents. D. Child Care and Development 1. Support legislation that would authorize increased funding for child care services for lowincome parents, especially those with children 3 years of age or less. 2. Support legislation that would consolidate child care programs into a block grant, and permit maximum flexibility for streamlined local administration of these funds. 3. Support legislation that would fund before and after school programs for children in elementary, middle, and junior high schools. 4. Support legislation that would provide additional state funding for child care subsidies for low-income working families. 5. Support legislation that would establish the authority to collect overpayments in subsidized child care programs. 6. Support legislation that would increase child care access and capacity for underserved populations such as infants and toddlers, children with special needs, rural and urban populations, and children needing non-traditional hours of care. 7. Support legislation to adequately fund child care programs for middle school-aged children requiring supervision. 22 Attachment C 8. Support legislation that would develop and establish a tiered-reimbursement system for subsidized, licensed child care programs based on a quality rating system. 9. Support legislation to align CalWORKs Stage 1, 2, and 3 regulations. E. Child Welfare Services 1. Child Welfare Laws a. Support legislation that would clarify child welfare laws, and define conditions under which children could be removed from their homes. b. Support legislation that would clarify the Child Abuse and Neglect Reporting Act to better define how local law enforcement agencies and/or county child welfare services agencies investigate and report findings regarding the report of suspected abuse, such as clear and uniform definitions for the following terms: investigation report, investigative file, unfounded report and inconclusive report and addition of a definition of reasonable suspicion as used in investigations related to suspected elder abuse. c. Support legislation that would clarify the Child Abuse and Neglect Reporting Act to better define how mandated reporters such as school and hospital staff define and determine safety and risk factors for children, including funding for prescreening tools and/or training. 2. Temporary Shelter Care Facilities (Polinsky) a. Support legislation that would preserve state funding for temporary shelter care facilities as an option for counties. 3. Family Preservation a. Support legislation that would ensure stable, full funding of family preservation services. b. Support legislation that would increase funding for preventative services for families served by Child Welfare Services and/or community agencies. 4. Foster Care a. Support legislation that would increase funding for respite care and child care services for caregivers of foster children. b. Support legislation that would allow payment of state Aid to Families with Dependent Children Foster Care (AFDC-FC) for children placed with relatives, provided the state assumes financial responsibility for both the costs of payments and program administration. c. Support legislation that would require the state to assume full responsibility for foster parent liability, including third-party liability. 23 Attachment C d. Support legislation that would provide funding for program expansion to strengthen services to non-minor dependents who will soon reach the age of majority and will transition from foster care to independence. e. Support legislation that would increase the state or federal funding/reimbursement rate for foster care parents as well as relatives, including grandparents raising grandchildren. f. Support legislation that would allow counties to expand independent living skills programs to youth 14 to 15 years of age. g. Support legislation that would provide funding for reimbursement of the County’s share of cost of child care expenses incurred by foster parents for pre-school age children or for older children when absence is necessary to fulfill their responsibilities as foster parents (e.g., court appearances, training, etc.). h. Support legislation to authorize counties to obtain criminal background information on individuals identified as “adults of importance” to foster children. i. Support legislation to authorize counties to obtain Child Abuse Central Index (CACI) information on volunteers who interact with foster children. j. Support legislation that would clarify and simplify the Resource Family approval process, including which type of assessment is intended when the Welfare and Institutions Code uses the word “assessment.” k. Support legislation that implements well thought out congregate care reform, taking into account the needs of all children and providing a system that accounts for all children. l. Support legislation that would increase the state contribution/reimbursement rate for children placed in out-of-home care who have permanent plans other than adoption or guardianship. m. Support legislation that would provide additional funding and/or resources for recruitment, retention, and support for caregivers. 5. General a. Support legislation that would protect the physical, emotional and mental health of children and youth; promote their educational development, and ensure the availability of support services for them. b. Support legislation that would appropriate and allocate adequate funding for mandated caseload standards. c. Support legislation that would provide incentives, rather than sanctions, for meeting expectations for which there are no federal mandates. 24 Attachment C d. Support legislation that would preserve and/or enhance funding for staffing, services, training, resources, and placements related to Commercially Sexually Exploited Children. e. Support legislation that would streamline processes related to assessing the need, and securing authorization, for psychotropic medication for foster youth, while maintaining appropriate checks and balances. f. Oppose legislation that would threaten or eliminate Title IV-E waivers. g. Oppose legislation that would limit congregate care settings to medical models. F. Emergency Medical Services (EMS) 1. Support legislation to provide funding toward the improvement of the EMS/trauma/specialty care systems and emergency room facilities. 2. Oppose legislation that would mandate additional duties on counties with respect to monitoring the EMS system without appropriating funds to reimburse counties for the costs. 3. Oppose legislation that would restrict the imposition of EMS/trauma/specialty care facility designation fees or re-designation fees. 4. Support legislation that would protect the confidentiality of records or proceedings of medical quality assurance committees established by a county to monitor or evaluate the appropriateness, quality or level of pre-hospital emergency medical services or jail medical care procedures. 5. Oppose legislation that would reduce or eliminate the Maddy Fund distribution formula for local EMS agency use. 6. Oppose legislation that would increase costs for distribution of the hospital and physician portions of the Maddy Fund without appropriate adjustment in the administrative allowance for local EMS agencies. 7. Support legislation that would provide state funding for pre-hospital emergency services, including first responder agencies. 8. Oppose legislation that would weaken the authority and governing role of the Local EMS Agency (LEMSA) to plan, implement, and evaluate all aspects and components of the EMS system. 9. Oppose legislation that would result in fragmentation of the EMS system and allow cities and special districts to provide EMS independent of County/LEMSA administration and medical direction. G. Faith Based Services 1. Support legislation to eliminate federal barriers that prevent faith-based and community entities from competing for federal funding. 25 Attachment C 2. Support legislation to bring faith-based services and resources to this region. H. First 5 Commission 1. Oppose legislation that would eliminate or reduce county flexibility in the use of Proposition 10 funds, or would supplant state funds with Proposition 10 funds. 2. Support legislation that would assist counties in using Proposition 10 funds to draw down the maximum amount of federal, state, and/or other matching funds. 3. Support legislation that is consistent with the County’s strategic plan and furthers the support and improvement of early childhood development and school readiness within the County. 4. Oppose legislation increasing the tax on tobacco-related products that would be used for anything other than health care. 5. Support legislation increasing the tax on tobacco-related products that provides for the backfill of Proposition 10 and Proposition 10's backfill of Proposition 99. 6. Support legislation that would mandate stricter enforcement of the taxation of tobaccorelated products purchased via the Internet and the fraudulent sale of tobacco-related products. 7. Oppose legislation that would limit or reduce local control of county First 5 Commissions. 8. Oppose legislation that would eliminate dedicated funding to county First 5 Commissions. I. Fraud Detection and Prevention 1. Support legislation that would authorize a tamper-resistant identification system for public assistance programs. 2. Support legislation that would create a national clearinghouse to coordinate welfare program elements such as child support enforcement, program sanctions, time limits and fraud detection. 3. Support legislation that would impose strong criminal and eligibility sanctions on those who commit or assist fraud against public assistance programs. 4. Support legislation that would establish a state-funded statewide early fraud prevention and detection program for public assistance programs. 5. Support legislation that would assess an administrative and interest fee on the outstanding balance resulting from intentional fraud of TANF overpayments or CalFresh over-issuances. 6. Support legislation that would expand access to the Federal Income Eligibility Verification System (currently used for Temporary Assistance for Needy Families 26 Attachment C (TANF), Medi-Cal, and CalFresh/Supplemental Nutrition Assistance Program (SNAP) to include county-funded general relief programs. 7. Support legislation that would streamline the verification process and provide adequate time to process expedited services and immediate need applications. 8. Support legislation that would expand protections against Medi-Cal provider fraud. 9. Support legislation to fund the California Department of Education to initiate investigations and program security activities throughout the state to identify and mitigate child care fraud and to discontinue subsidies to individual providers or parents who have committed fraud until repayment is made. 10. Support legislation that would require periodic reporting for all households with income and resources that are considered in the eligibility determination, even if the parent(s) and/or needy caretaker or relative in the household is (are) determined ineligible for benefits. J. General Relief 1. Support legislation that would repeal county requirements to provide general relief contained in Welfare and Institutions Code Section 17000 et seq. 2. Support legislation that would transfer to the state the responsibility for financing general relief. 3. Support legislation that would allow a county to adjust or withhold general relief for persons who have outstanding warrants, fines or other obligations to the county. 4. Support legislation that would authorize counties to limit benefit levels based on available general relief budget appropriations, suspending the program when funds are exhausted. 5. Support legislation to deny eligibility for general relief to convicted drug felons. 6. Oppose legislation that shifts the costs of providing assistance to low-income individuals from the state through the CalWORKs program to counties through general relief. 7. Oppose legislation that includes in immigration reform a shift of federal responsibility and costs to state and local government including a shift to local benefits because they are denied federal benefits. K. Homeless/Supportive Housing 1. Support legislation that would allocate and/or increase funding for additional permanent supportive housing for vulnerable populations (i.e., homeless, veterans, individuals living with HIV/AIDS, mental health, substance abuse, aged, disabled, low income, survivors of commercial sexual exploitation, emancipated foster youth, formerly incarcerated persons, etc.) for purposes of stabilization, treatment and access to supportive services. 27 Attachment C L. Housing and Community Development 1. Support legislation regarding the Federal Department of Housing and Urban Development (HUD) that would: a. Consolidate and streamline programs as much as possible. b. Eliminate or reduce unnecessary program and financial requirements. c. Limit the role of HUD to fiscal and programmatic oversight. d. Streamline the HUD decision making process by providing HUD field offices with the administrative authority to address local public housing authority regulatory requests. e. Reduce local agency operational requirements and allow more program flexibility that will increase efficiency and program effectiveness. f. Eliminate old, and reject new, matching and leverage fund requirements imposed on local government agencies. g. Assign administrative responsibility and funding for housing and community development programs to local jurisdictions. h. Oppose efforts to replace the current Housing Choice Voucher program Housing Quality Standards (HQS) inspections with the Uniform Physical Conditions Standard (UPCS) inspections protocol currently used in Public Housing. i. Support federal legislation that would update the funding formula for dispersing HUDrelated monies to the San Diego region for a more equitable equation that takes into account the size of the region and the number of homeless persons that reside here. 2. Support legislation that fully funds Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act requirements. 3. Support legislation that provides increased funding for the creation of affordable housing. 4. Support legislation that would ensure that local agencies receive a fair share of the allocation of state and federal affordable housing resources and community development funds. 5. Support legislation that would permit maximum local control and determination of the use of state and federal affordable housing resources and fair market rent. 6. Support the existing Housing Choice Voucher program, including fully funding Housing Assistance Payment renewal contracts and Administrative Fees to public housing authorities, and oppose any proposal to replace it with block grants to local housing authorities. 7. Support increased funding of housing and community development programs such as Emergency Solutions Grant (ESG), Community Development Block Grants (CDBG), Continuum of Care (CoC) Program, HOME Investment Partnerships, Housing Choice 28 Attachment C Voucher, Housing Opportunities for Persons with AIDS (HOPWA), Public Housing, which are programs of significance to the County. 8. Support new or increased funding for programs that support veteran, homeless and elderly housing. 9. Oppose legislation that would reduce funding for Housing Assistance Payment renewal contracts or ongoing administrative fees. 10. Support legislation that would prohibit an offset against Public Housing operating reserves. 11. Support legislation that would fully fund the Public Housing Capital Fund and Operating Fund programs. 12. Support legislation that increases the allocation or number of Veterans Affairs Supportive Housing (VASH) Program vouchers. 13. Support legislation that would lift the cap which limits the number of public housing properties eligible to convert financial assistance through the Rental Assistance Demonstration (RAD) Program. 14. Support legislation that enhances incentives for energy efficiency upgrades to public housing or affordable housing providers. 15. Support state and federal legislation to provide additional funding to acquire, develop or rehabilitate affordable housing and address homelessness for vulnerable populations such as veterans and seniors experiencing homelessness and persons with serious mental illness. 16. Support legislation that would provide administrative allowance funding to Housing Successor Agencies for carrying out the housing obligations of former redevelopment agencies. 17. Support legislation that would extend the four-year term for Housing Administrative Allowance funding to Housing Successor Agencies obligated to accept transferred redevelopment-funded housing assets from other jurisdictions. 18. Support legislation that would provide adequate funding for the administrative costs associated with housing programs, including on-going monitoring and compliance costs. 19. Support funding to engage, recruit and incentivize landlord participation in affordable housing programs, including tenant based rental assistance programs. M. Issues Affecting Older Adults 1. Support legislation that would prohibit the Department of Motor Vehicles from releasing, with minor exceptions, the addresses and personal information of adult protective service employees, public guardians/public administrators and long term care ombudsmen (and their families). 29 Attachment C 2. Support legislation that would provide adequate funding for mandated and nonmandated programs for senior and disabled populations, including state-only funded programs, such as the Linkages Program and Senior Companion, which helps frail and elderly adults with disabilities to remain at home and maximize their independence. 3. Support legislation to fund the County’s Project CARE program and to provide a coordinated system of access for older adults and persons with disabilities for daily or emergency contacts to vulnerable citizens. 4. Support legislation to require and provide funding for criminal record checks using the FBI nationwide search process for In-Home Supportive Services home care providers. 5. Support legislation to exempt volunteer stipends from being treated as income towards the SSI benefit. 6. Support legislation to increase funding that would assist seniors at all income levels with re-entering or improving skills in order to participate or remain in the workforce. 7. Support legislation to build on the aging network to fund and establish long-term care services and supports. 8. Support legislation that would provide full funding for the Long Term Care Ombudsman program and if funding is not made available, support legislation that would remove the State mandates which are currently unfunded. 9. Support legislation that provides funding for evidence-based practices for seniors and persons with disabilities such as fall preventions, chronic disease self-management and care transitions models. 10. Support legislation that uses the Elder Economic Security Standard Index or another similar method instead of the current Federal Poverty Level to determine the cost of meeting basic needs for older adults, and that is funded by the State and/or federal government. 11. Support legislation that provides funding for individuals at risk of, or currently experiencing, cognitive decline/dementia with decision-making in the areas of health care and finances so they may safely age in place in their home, as opposed to a facility, for as long as possible. 12. Support legislation that maintains or enhances funding for lifelong learning for older adults through the community colleges or adult education venues. 13. Support legislation that assists grandparents raising grandchildren and other kinship caregivers with access to state and federal funding and related services, including cash assistance, housing and food assistance, and emotional, social and physical health needs. 14. Support legislation to fully fund the state-mandate to provide guardianship or conservatorship services for low-income individuals. 30 Attachment C 15. Support legislation that builds a care delivery system that provides effective, reliable, high-quality and efficient services to frail, elderly residents who are living with a serious illness and disability. 16. Support legislation that would set an adequate capitation rate for Managed Care Organizations to facilitate the provision of home and community-based services for individuals who need social supports that are not currently covered by Medicare or Medi-Cal benefits. 17. Support legislation that exempts conservatees from coordinated care initiatives. 18. Support legislation and funding for programs that help enable residents to age in place safely including universal access in the design, building and remodel of housing, facilities and other locations. 19. Support legislation that addresses any of the following for Residential Care Facilities, Skilled Nursing Facilities, and other long term care facilities: increases transparency in operations and information disclosure; increases the frequency of facility inspections including unannounced visits; implements a program that notifies and protects patients and their rights; increases penalties to facilities for non-compliance; and/or reforms to the current program that protect the health and safety of the patients residing in these facilities. 20. Support legislation or administrative action and funding for a Memory Care Unit at the Veterans Home of California in Chula Vista. 21. Support legislation that provides tax credits for caregivers of older adults. 22. Support legislation to fund the Aging and Disability Resource Connection (ADRC) to enhance access to long term services and supports for older adults and persons with disabilities in the county. 23. Support legislation that would allow community-based organizations to receive reimbursement from Medicare for care transition services provided to fee-for-service Medicare beneficiaries who are at high risk for a hospital readmission. 24. Support legislation that establishes a sustainable way for community-based organizations to be paid for post-hospital services, including monitoring and coordination of services provided by healthcare and social service providers on behalf of chronically ill and disabled patients upon discharge from an acute care hospital or long term care facility. 25. Support for legislation that that adds Silver Alerts to the changeable message signs seen on California freeways and highways, and other efforts to implement alerts for missing persons with Alzheimer’s and other dementias. 26. Support legislation that extends elder abuse restraining orders to include other crimes against the elderly. 31 Attachment C N. Maternal Child Health 1. Support legislation that would provide equitable funding in the Title V allocation to California. 2. Support legislation that would ensure that any increase in Title V funding remains in core Maternal Child Health programs, with a significant portion of the increased funding going to counties to support their ability to meet local needs. 3. Support legislation that would aid in the implementation of evidenced-based care coordination practices and systems for the whole child within California Children’s Services while not increasing County program costs. 4. Support opportunities to realign the county share of cost for the California Children’s Services program back to the State. 5. Support legislation that would maintain or enhance State General Funds to Maternal Child Health programs. O. Medi-Cal 1. Support legislation that would provide choice for beneficiaries who receive medical care through Medi-Cal managed health plans in the least restrictive environment. 2. Support legislation that would provide for fair and equitable capitation rates for all Medi-Cal managed care plans operating in the same geographic area. 3. Support legislation that would close the funding gaps for San Diego County health and dental providers that are disproportionately affected by low government payer reimbursement from Medi-Cal and Medicare. 4. Support legislation that would simplify Medi-Cal program administration by: • Combining/streamlining state Medi-Cal programs. • Increasing property limits. • Streamlining and simplifying the overall Medi-Cal eligibility application process. 5. Support legislation that would simplify the Medi-Cal application and annual renewal process by: • Simplifying the forms. • Aligning renewal dates for clients with both an active Medi-Cal and CalFresh case. 6. Support legislation that would raise the medically needy income level for Medi-Cal. 7. Support legislation to continue funding the federal Children’s Health Insurance Program (CHIP) to provide health insurance for children of poor working families. 8. Support legislation that would implement a moratorium and restrictions on Centers for Medicare and Medicaid Services (CMS) ability to issue regulations that are in violation of congressional intent. 32 Attachment C 9. Support legislation to allow the use of electronic data matching with other states to verify identity for purposes of determining eligibility and to prevent fraud. 10. Support legislation that would reverse the Medi-Cal rate cut of AB 97 (2011), including retroactive payments. 11. Support legislation that would continue the Child Health and Disability Prevention program as a gateway to Medi-Cal. P. Medically Indigent Services 1. Support legislation that would amend current law to permit counties to recover costs for services provided to indigents from pre-trial settlements and/or compromises. 2. Support legislation that would provide equitable state funding to counties for health services to the medically indigent. 3. Support legislation that would improve access to available health coverage for U.S. citizens and legal alien residents. 4. Support legislation that would expand coverage to, and provide adequate funding for, health coverage for the uninsured who are U.S. citizens and legal alien residents. 5. Support legislation that would simplify the administration of, application for, and enrollment and eligibility processes for health coverage programs. 6. Support legislation to establish an income cap for County Medical Services programs. Q. Mobile Remote Workforce Expansion 1. Support legislation that would provide funding to expand the Mobile Remote Workforce concept throughout the region and through several key projects. R. Public Health 1. Support legislation that would increase state and federal funding to support basic public health services, including communicable disease control activities, and community and public health surveillance activities. 2. Support legislation that would provide funding for the continuation and/or expansion of statewide programs to prevent, control and treat Hepatitis C, gonorrhea, syphilis, and chlamydia. 3. Support legislation that would increase funding for disease investigation activities related to the increase in infectious syphilis cases in California. 4. Support legislation that would increase funding for disease investigation activities related to the increase in foodborne illness cases in California. 33 Attachment C 5. Support legislation that would establish and fund chronic disease prevention and health promotion programs, including programs that support healthy environments and address the social determinants of health. 6. Support legislation that would make health education activities related to chronic disease management and prevention such as diabetes, obesity counseling and prevention activities, a covered and reimbursable benefit under Medi-Cal, both through fee-forservice reimbursement and health plan capitation payments. 7. Support legislation that restricts the marketing, advertising, and promotion of electronic smoking devices (ESDs) in a manner similar to traditional cigarettes to minors. 8. Support legislation that restricts adding flavors to electronic smoking devices (ESDs) that may be more attractive to children. 9. Support legislative and regulatory efforts at the state level to ban the sale of powdered alcohol until its effects are studied. 10. Support legislation that would improve the County’s ability to safeguard public health through enhanced Tuberculosis (TB) Control, by: a. Increasing TB categorical funding to support TB control efforts throughout the region, including increasing funding for TB prevention by treating those with inactive or Latent TB Infection (LTBI) so that they do not progress to active TB. b. Expanding the Medi-Cal TB program to include undocumented patients, inpatient care, and uninsured persons currently ineligible for Medi-Cal. c. Developing the authority for the federal government to issue and enforce federal orders of adherence to TB isolation and/or treatment when non-adherent TB patients cross state or international borders. d. Developing the authority for the Department of Homeland Security to maintain detainees with Multi-Drug Resistant or medically complex TB in federal custody until treatment is completed. e. Developing federal appropriations that would ensure full cost recovery for all local expenditures (inpatient and outpatient medical care, housing, etc.) for local health authorities that accept uncomplicated TB patients into the local community. f. Requiring that all detainees released into a U.S. or foreign jurisdiction prior to completion of therapy adhere to therapy or be faced with federal custody until treatment is completed. g. Requiring Department of Homeland Security officials to monitor detainees released in the U.S. to ensure adherence to their conditions of release. h. Requiring that asylum seekers receive federally funded health screenings within 30 days of initiating the application for asylum. 34 Attachment C i. Requiring immigrants applying for legal permanent residency who have been classified with active tuberculosis to check in with the local health jurisdiction upon entry into the U.S. j. Increasing federal funding for US-Mexico binational TB control initiatives; including programs to treat drug resistant disease and continuity of care strategies. 11. Support legislation that encourages the immunization of children, especially those within the African-American community and other communities with low immunization rates, against diphtheria, tetanus, measles, and other serious disease, which will prevent severe long-term impacts on children’s health and education. 12. Expand opportunities to develop and implement asthma surveillance, prevention and treatment programs. 13. Support legislation that would allocate existing funding for a nursing education program that provides incentives to increase the recruitment of persons into nursing careers, particularly young men, and men and women of diversity. 14. Support legislation to streamline hospital seismic safety reviews and other delays. 15. Support legislation that would support the use of the FEMA building evaluation tool, Hazards US (HAZUS) as a prerequisite to establishing future hospital seismic-safety policies. 16. Oppose legislation that would eliminate, cap or reduce funding for Targeted Case Management (TCM) services. 17. Support legislation to maintain funding for the Ryan White HIV/AIDS Treatment Extension Act of 2009. 18. Support legislation that would restore funding for HIV prevention to 2008 levels. 19. Support legislation that maintains appropriations that fund the Prevention and Public Health Fund programs. 20. Support legislation to add azithromycin to the state Medi-Cal formulary, which is the primary medication for pertussis. 21. Support legislation to increase funding for Zika-related, as well as other emerging public health threats, preparedness and response efforts. 22. Support legislative and regulatory efforts to change California law so that certain samples should be sent to the local public health laboratory regardless of whether a laboratory had to perform a culture. 23. Support legislative and regulatory efforts to ensure that any certified electronic health record technology (CEHRT) sold in California should include immunization registry functionality. 35 Attachment C 24. Support legislation that will continue access to pre-exposure prophylaxis (PrEP) through the State of California’s AIDS Drug Assistance Program to minimize risk of HIV transmission. 25. Support legislation that provides funding for navigation assistance for individuals seeking pre-exposure prophylaxis (PrEP) to minimize risk of HIV transmission. 26. Support legislation that will increase funding for educational and media campaigns to promote awareness of HIV and programs and resources for addressing HIV. 27. Support legislation that supports routine HIV screening in primary care settings. S. Self-Sufficiency 1. Administration of Assistance Programs a. Support legislation that would align the use of the Federal Poverty Level among related assistance programs. b. Support legislation that would provide counties adequate time to implement automated support for regulation changes prior to imposing financial sanctions for non-compliance. c. Support legislation that would align the application requirements for related assistance programs. d. Support legislation that would allow counties to accept electronic and telephonic signatures for assistance programs. e. Support legislation that would align CalWORKs Immediate Need and CalFresh Expedited Services processing timeframes. 2. Supplemental Security Income a. Support legislation that would require timely processing of applications for Supplemental Security Income, both at state and federal levels. 3. Nutrition Security a. Support legislation that would establish a predetermined CalFresh/Supplemental Nutrition Assistance Program (SNAP) error rate tolerance threshold based upon the greater of the national error rate average or the predetermined threshold. b. Support legislation that would add a standard housing deduction formula to existing deductions when determining income for CalFresh/SNAP benefit allotment. c. Support legislation to make former foster youth up to the age of 21 eligible for the transitional CalFresh program. d. Support legislation that would promote nutrition and health improvement to CalFresh/SNAP recipients. 36 Attachment C e. Support legislation that would provide financial incentives to businesses that provide incentives to CalFresh/SNAP recipients to purchase healthy foods. f. Support legislation that would allow community organizations that receive funding to provide nutrition education to also promote the availability of CalFresh/SNAP. g. Support legislation that would allow greater cross sharing of data to identify and serve potentially eligible populations. h. Support legislation that would incentivize Medi-Cal providers to offer health and nutrition education to Medi-Cal clients, and promote availability of CalFresh/SNAP benefits to purchase nutritional foods. i. Support legislation that would streamline the CalFresh/SNAP application process while maintaining program integrity. j. Support legislation that would streamline the process for foster youth who age out of the system, into the CalFresh/SNAP program. k. Support legislation that would continue to advance and facilitate cost-effective electronic and mail-in application processes that are cost-neutral to the County. l. Support legislation that would simplify SNAP reporting requirements. m. Support legislation that would align the state CalFresh Expedited Services processing timeframe with federal requirements. T. Skilled Nursing Facilities 1. Oppose legislation that would subject publicly-operated distinct-part skilled nursing facilities to the rate setting process of the California Medical Assistance Commission. 2. Support legislation that would ensure the continuation of adequate reimbursement to publicly-operated distinct-part skilled nursing facilities that provide heavy nursing and therapeutic services to the most vulnerable adults in our society. 3. Support legislation that would allow targeted case management services provided to Mental Health and Public Guardian conservatees by County staff to be billed separately from the federal rate for skilled nursing facilities. 4. Support efforts to obtain a waiver of existing pharmacy licensing requirements for the Edgemoor pharmacy to authorize use of new technologies that will enhance patient safety and operational efficiencies in dispensing of medication. 5. Support funding that will assist with the costs associated with the Edgemoor Health Facility. 37 Attachment C U. Temporary Assistance for Needy Families (TANF) 1. Local Government Costs a. Support legislation that would exempt counties from sharing the penalties associated with failure to meet the required work participation rate outcomes when resulting from differences in state and federal rules. b. Support legislation that would adjust the County’s CalWORKs maintenance-of-effort (MOE) to reflect the reduction of the state’s TANF MOE and to individual county allocations. c. Support legislation that would remove CalWORKs performance incentive funds from the state budget process and the return of the funds to counties based on the amount the County has earned through performance incentives. 2. Program Administration a. Support legislation that would maintain or increase counties' flexibility to address local needs and priorities including: • Maintaining or increasing the federal TANF Block Grant funding level and state CalWORKs allocations. • Prohibiting the carve out of incentive funds by the state. • Allowing the flexible use of funds for families who are receiving or at risk of needing child welfare services. • Allowing the rollover of unspent incentive funds. • Allowing the transfer of TANF funds to Title XX. b. Support legislation that would permit local discretion to set TANF lifetime limits. c. Support legislation that would provide for incentives that encourage recipients to seek and achieve employment at levels that will meet the work participation rates and lead to self-sufficiency. 3. Responsibility Contracts a. Support legislation that would require TANF recipients to enter into contracts with local welfare departments that include the following conditions: • Strategies to enhance recipients’ employability • Behavioral standards • Sanctions, including loss of benefits, for recipients who fail to make reasonable progress in meeting requirements of the contract V. 2-1-1 Services 1. Support legislation that would provide funding to assist in on-going operation of a 2-1-1 referral system. 38 Attachment C W. Welfare Reform 1. Support future reform legislation that would eliminate all local costs for state and federal welfare mandates and provide flexibility to local governments for program activities. 2. Support legislation that uses a block grant approach to fund state and federal welfare programs as long as it provides for adjustments that are consistent with increases in workload standards and services. 3. Support legislation that would allocate federal welfare block grants directly to local administering agencies. VI. PLANNING AND LAND USE The policy of the County of San Diego with respect to various planning and land use matters shall be as noted below. A. California Environmental Quality Act (CEQA) 1. Support legislation that would set a baseline for cumulative impact analysis in CEQA guidelines that provides a cut-off point for inclusion of new projects in the collective analysis. 2. Support CEQA reform that would streamline process, reinforce effective public involvement, provide information for informed decisions and provide effective environmental protection. 3. Support legislation that would include counties as part of an expedited review process for infill projects. 4. Support legislation that would establish a specified deadline for public comments and challenges to CEQA documents. 5. Support legislation that would allow for short term events to be exempt from CEQA. 6. Support legislation that clarifies and strengthens a Lead Agency’s discretion to determine when significant new information augmenting a Final Environmental Impact Report requires recirculation. 7. Support legislation that clarifies or modifies the standard of review for a Negative Declaration or Mitigated Negative Declaration from a “fair argument” to substantial evidence. 8. Support legislation that clarifies or allows for more time to implement new CEQA guidelines associated with the switch from looking at Level of Service (LOS) to Vehicle Miles Traveled (VMT) associated with vehicle trips/traffic. 39 Attachment C B. Eminent Domain 1. Support prohibition of eminent domain power to condemn non-blighted, owner-occupied residential property for transfer to other private property owners for more profitable economic development. C. General Plans and Land Use Planning 1. Support legislation that would exempt a general plan from new requirements if the city or county has formally initiated proceedings during the preceding year for a general plan amendment to comprehensively update the general plan. 2. Oppose legislation that would erode the land use authority of local government. 3. Oppose legislation that would expand the role of the state and councils of government in local land use matters. 4. Oppose legislation that would mandate planning requirements without any provision for financial assistance. 5. Oppose legislation that would impede the land use authority of local agencies by restricting their discretion to deny or condition approval of development projects, which are incompatible with local conditions or land use standards. 6. Oppose legislation that would require too great a level of specificity in elements of the general plan of a local government. 7. Support legislation that provides up to a two-year tentative map extension without compromising long range general planning and corresponding ordinances. 8. Support efforts at the state and federal levels to include vesting provisions in land use regulations so that projects are only responsible for complying with the regulations and rules existing when processing is started. 9. Support legislative efforts that would encourage Agricultural (Ag) Tourism in the San Diego region and benefit local businesses and property owners involved in Ag Tourism. 10. Oppose legislation that would restrict local government participation in state or federal environmental reviews of projects that could impact local jurisdictions. D. Housing Programs 1. Oppose legislation that would require counties to impose and administer rent control programs. 2. Support legislation that would make the state Department of Housing and Community Development an advisory agency rather than a regulatory agency. 3. Support legislation that recognizes that unincorporated areas of a county should not be expected to plan “low and very low” income housing in housing elements at densities as high as that expected of high density urbanized areas. 40 Attachment C 4. Support legislation that recognizes unincorporated areas of a county should receive a lower allocation of multi-family housing for housing elements than in cities. 5. Support legislation that would amend housing element law to provide local governments more flexibility to establish density for a site. 6. Support legislation that would allow unincorporated county land that contains low income housing that is annexed into a city to count towards the County’s regional housing needs contribution. 7. Support legislation that would provide funding for infrastructure development in the unincorporated area that would aid in more opportunities to meet low income housing requirements. 8. Support legislation that would classify unincorporated counties as suburban or rural. 9. Support legislation that reinstates local land use authority in determining whether density bonus projects are appropriate for a specific community. E. Impact of Activities on Indian Reservations 1. Support legislation that would provide funding to offset the transportation impacts associated with the development of Indian gaming and other related uses on reservations adjacent to rural areas with limited transportation infrastructure. 2. Support legislation that would preclude newly purchased land from being designated as "tribal land" by the Secretary of the Interior, for existing or newly recognized tribes, in order that the land may be used for Indian gaming and related uses. 3. Support legislation that would require a full Environmental Impact Statement whenever a non-traditional use of land is proposed on an Indian reservation that likely would negatively impact surrounding communities. 4. Support legislation that would require operators of landfills, and other large development projects, on Indian reservations to obtain appropriate state and local permits, and the associated Tribe to enter into an intergovernmental agreement to mitigate impacts. 5. Support legislation that requires prior to an Indian casino or gaming related facility being granted a liquor license, the Tribe with the casino or gaming related facilities must enter into an enforceable agreement with the County to mitigate any adverse off-reservation environmental, public safety, or behavioral/health impacts the liquor license may cause. 6. Oppose legislation that would limit or restrict the ability of federal, state and local government agencies or departments to comment or take a position on any tribal fee-totrust applications. F. Local Agency Formation Commissions (LAFCO) 1. Oppose measures potentially undermining the authority of LAFCOs in incorporations and other government reorganization proposals. 41 Attachment C G. Regional Airport 1. Oppose legislation that would directly or indirectly limit consideration of possible airport sites. H. Regional Growth Management 1. Support legislation that would reduce competition among local agencies for revenue generating development, including the provision of alternatives to existing revenue allocations, but oppose revenue reallocations that would reduce county revenues without compelling justification. 2. Support legislation that would provide counties greater authority to generate revenue to finance regional services. 3. Oppose legislation that restricts the land use authority of the County of San Diego with regard to decisions not having regional significance. 4. Support legislation that would provide additional resources, including adequate funding, to local agencies to address regional growth issues. 5. Support legislation that would authorize local agencies to establish regional authorities to address growth management issues on a voluntary basis. 6. Oppose legislation that would consolidate special purpose agencies at the expense of the technical expertise and enforcement integrity necessary to accomplish special purpose objectives. 7. Support legislation that would require the existence of a plan for the financing of necessary infrastructure improvements prior to the approval of development permits. 8. Oppose legislation that would usurp, or transfer to another state agency, the authority of the County of San Diego to site public facilities. 9. Support legislation that would create a local agricultural property tax incentive program that would allow a local program that could create or modify property tax incentives to encourage agricultural use of land in a manner similar to the state's Williamson Act. VII. PUBLIC SAFETY The policy of the County of San Diego with respect to various public protection matters shall be as noted below. A. Child Support Enforcement 1. Support legislation that would require cooperation in establishing paternity and support orders. 42 Attachment C 2. Support legislation that would create the flexibility to use state and federal funding for additional activities which would enhance the establishment and enforcement of child support. 3. Support legislation that would simplify the California child support guideline formula used to determine the amount of child support to ensure an accurate and payable order. 4. Support legislation that would increase efficiencies through the use of administrative changes to the program’s processes. 5. Support legislation that would develop state and federal automated interfaces with the child support system for better location and asset data. B. Crime 1. Support legislation that would protect the public from the dangerous and improper use of weapons, and enact necessary regulations to limit or control their use. 2. Oppose legislation that would weaken the authority of local law enforcement to control the issuance of concealed weapons permits. 3. Support enhanced penalties for persons convicted of willfully obtaining or using personal identity information about another person without that person’s knowledge or consent. 4. Support legislation that would make it a felony to flee from enforcement officers (highspeed pursuits). 5. Support development of a tamper-proof, permanent Social Security card to reduce various types of fraud. 6. Support legislation to allow appropriate federal border agencies to detain drivers suspected of being under the influence of drugs and/or alcohol and direct them to awaiting local law enforcement for sobriety checks. 7. Support legislation to require the Attorney General to post a notice that operation of a motor vehicle with a drug or alcohol in the driver’s body at a land border port of entry is an offense under federal law. 8. Support legislation to encourage credit issuers to adopt tougher fraud preventative practices to prevent identity theft. 9. Support legislation that would provide the County the authority to impose certain civil penalties on those who violate County ordinances, rules and regulations by compromising the protection of public health and safety and the preservation of the environment. 10. Support legislation that would increase penalties for adults convicted of driving while under the influence of drugs or alcohol with a juvenile passenger, 17 years or younger, regardless of any prior offenses or whether there is a parental/guardianship relationship with the juvenile. 43 Attachment C 11. Support legislation that would mandate the installation of ignition interlock devices by persons convicted of a DUI offense. 12. Support legislation that imposes stricter requirements on junk dealers and recyclers of nonferrous materials and imposes penalties for metal theft offenders or recyclers that do not adequately document and report metal theft offenses. 13. Support funding that will assist with the gang enforcement task forces in the north and east county. 14. Support legislation that includes theft from an elder or dependent adult as a qualifying offense for sentencing procedures for petty theft. 15. Support legislation that would provide that electronically digitalized copies of records be included as evidence in court proceedings. 16. Support legislation that would offer state programs and financial assistance to victims of crimes. 17. Support legislation that requires the state to issue appropriate notifications if they release or parole inmates sentenced to life; including but not limited to victims and their families and the local District Attorney. 18. Support legislation that eliminates court filing fees related to entering civil judgments for victims of crimes. C. Detention Facilities 1. Oppose state intervention in local land use decisions; specifically, the siting of detention facilities and other public facilities. 2. Oppose state legislation limiting the authority of boards of supervisors to control the operation of detention facilities. 3. Support legislation providing state assistance in funding the operating costs of county detention facilities. 4. Support state and federal legislation providing adequate funding to counties to finance the construction, operation and maintenance of adult and juvenile detention facilities. 5. Support legislation that invests in improving, expanding and renovating local detention facilities to address overcrowding, early releases and the responsibilities shifted to counties under public safety realignment. Incentives should be included to encourage in-custody treatment programs and other services. 6. Support legislation that includes counties and other affected municipalities as active participants in the planning and decision-making processes regarding the expansion of correctional facilities or the site selection for new facilities. 7. Oppose legislation that limits or changes the Probation Department’s ability to manage the operations and policies of their juvenile detention facilities. 44 Attachment C 8. Support legislation to expand the use of video arraignments. D. Drugs 1. Support state and federal legislation that would provide long-term funding for the operation of local drug courts. 2. Support legislation to equalize penalties for methamphetamine, cocaine, and heroin. 3. Support state and federal legislation or administrative actions to improve the interdiction of the flow of drugs into California and San Diego County. 4. Support Legislation that would place Ecstasy (MDMA) on Schedule 1 or 2 of California’s controlled substances, thus making it illegal to possess or distribute the drug. 5. Support legislation that would prohibit a person convicted of possession of “date rape” drugs from probation and treatment under Proposition 36. 6. Support legislation to add butane hash oil, also known as concentrated cannabis, to the list of substances that may receive harsher penalties when they pose a risk to drug endangered children. 7. Support legislation that increases sentencing enhancements for distributing, trafficking and possessing mass quantities of fentanyl. E. Emergency/Disaster Management 1. Support legislation to provide full funding for the Emergency Management Performance Grant Program (EMPG), which is the only all hazards emergency preparedness grant program in support of capacity building at the state and local level. 2. Support legislation to add “excessive heat” under relevant government codes used to declare a state or local emergency for the purpose of enabling local jurisdictions to seek state or federal reimbursement for costs incurred when a heat emergency is declared. 3. Support legislation to require that County Office of Emergency Services and Sheriff have direct authorization to broadcast emergency messages on all television channels on the system simultaneously to customers within the originators’ county or to more specific target areas in order to transmit emergency notifications. 4. Oppose reductions in funding or capacity to the Disaster Medical Assistance Team (DMAT) medical supply cache located in San Diego County. 5. Support legislation to provide additional funding for local hazard mitigation efforts. 6. Support legislation to provide additional funding for local governments to prepare for disaster recovery. 7. Support federal legislative efforts that seek to advance or expand the use of the Next Generation Incident Command System (NICS) by emergency response officials. 45 Attachment C F. Ex-Offender/Reentry Programs 1. Support full funding from the state and federal governments for diversion, adult exoffender, and reentry programs. 2. Support legislation that invests in adult probation services — using as a potential model the Juvenile Justice Crime Prevention Act (JJCPA) — to build a continuum of intervention, prevention, and supervision services for adult offenders. 3. Support legislation that provides additional funding and treatment capacity for alcohol and drug treatment, public health and diversion programs, given that the vast majority of offenders in the state and local system struggle with addiction, which is a primary factor in their criminality. 4. Support legislation to fully support the successful JJCPA initiative, which provides a range of juvenile crime prevention and intervention programs and which represents a critical component of an overall crime reduction and public safety improvement strategy. Diverting juveniles from a life of offending would help to reduce pressure on the adult system. 5. Support legislation that invests in mentally ill jail diversion programs, where treatment and services can help promote long-term stability in mentally ill offenders or those with co-occurring disorders, decrease recidivism, and divert appropriate offenders out of the criminal justice system. 6. Support funding opportunities to restore the mental health Mentally Ill Offender Crime Reduction program. 7. Support legislation that would provide sufficient and sustainable funding to expand and maintain offender reentry collaborative programming, including treatment services, for criminal justice offenders with substance abuse or mental health disorder problems reentering California communities. 8. Support legislation that would fund the expansion and development of proven evidencebased reentry and integration models that include behavioral health services. 9. Support funding for mental health and alcohol and drug treatment services for offenders returning to local custody/jurisdiction. G. Grant Programs 1. Support full funding for the High Intensity Drug Trafficking Area task force (HIDTA). H. Information Technology Infrastructure 1. Support funding that will enhance criminal justice and public safety information technology infrastructure. 46 Attachment C 2. Support funding that will allow for multi-agency integration of criminal justice related data. I. Peace Officers 1. Oppose legislation restricting the availability of evidence in administrative investigations and hearings involving peace officers. J. Restoration of Competency 1. Support legislation that allows counties a voluntary opportunity to participate in the Restoration of Competency Program. 2. Oppose legislation that would not fully reimburse counties for the Restoration of Competency Program. 3. Support legislation that would require the District Attorney to be notified throughout the restoration process, including cases where competency cannot be restored. K. Securing Our Border 1. Support completion quickly and efficiently of the border 14-mile triple fence along the international border. 2. Support legislation to enhance the capability of the Immigration and Customs Enforcement Agency to track expired visas. 3. Support legislation to provide adequate funding for sufficient permanent customs agents and advanced technology to every point of entry into the United States to secure our borders. L. Sex Offenders/Human Trafficking 1. Support legislation that would permit rental housing providers to evict or refuse tenancy to registered sex offenders. 2. Support legislation that would remove the ability of convicted sex offenders to obtain exemptions from having their status posted on the Internet by the Attorney General or local law enforcement and allow as much information as possible to be posted in accordance with the Supreme Court decision (Megan’s Law). 3. Support legislation to provide notification 65 days prior to the placement hearing for a sexually violent predator. 4. Support legislation to establish residential placement guidelines for conditionallyreleased predators. 5. Support legislation to require that any changes in monitoring, treatment or conditions of release must be reported to local officials and require some form of public input and/or notice prior to making any changes. 47 Attachment C 6. Support legislation to increase the treatment period for sex offenders from two years to five years. 7. Support legislation that would add human trafficking for the purposes of sexual slavery to the list of offenses requiring registration as a sex offender under California’s Sex Offender Registration Act. 8. Support legislation that prohibits a person mandated to register as a sex offender from using any Internet social networking website if the victim of the offense was under 18 years of age at the time of the offense and the Internet was used in the commission of the crime. 9. Support legislation that requires any person mandated to register as a sex offender who adds or changes his or her account with an Internet service provider or changes an Internet identifier, to send a written notice to the law enforcement agency where he or she last registered. 10. Support legislation that would require the metallic information strip on a Department of Motor Vehicle (DMV) license or identification card to include information such as sexually violent predator status or conviction of a sex offense against a minor. 11. Support legislation that permits any law enforcement agency that believes that public safety may be compromised by allowing a convicted sex offender to be excluded from public posting on the Megan’s Law website to recommend that the Department of Justice make information about the offender available on the public website. 12. Support federal legislation that would remove the suspect’s knowledge of the victim’s age as an element of the offense for sex trafficking of children by force, fraud or coercion to ensure successful and timely prosecution. 13. Support legislation that increases penalties or helps in the investigation and prosecution of Human Trafficking cases. 14. Support legislation that expands the definition of “sexual offense” to include human trafficking, pimping, and pandering. VIII. RESOURCES AND ENVIRONMENT The policy of the County of San Diego with respect to various resources and environmental issues shall be as noted below. A. Agricultural Services 1. Plant Health and Pest Prevention Program / Pest Detection Program a. Support legislation that would recognize the unique characteristics of border areas and support funding to prevent and eradicate invasive agricultural pest infestations from south of the border that pose a threat to the U.S. and California agricultural industry. 48 Attachment C b. Support legislation that would achieve the optimal level of funding for required regulatory activities, such as pest exclusion, detection and eradication, and improve coordination between federal, state and county programs. c. Support legislation that would provide funding for research, prevention, detection, control, and eradication of invasive pests and species. d. Support legislation that would provide funding for outreach on invasive pests to the agricultural industry and the public. e. Support legislation that would support coordinated treatments in commercial citrus groves and continued residential treatments for the suppression of the Asian Citrus Psyllid population. f. Support legislation that would add support for science-based Asian Citrus Psyllid control in organic citrus operations. g. Support legislation that would provide full funding for an insect detection trapping program for invasive pests that threaten the local agricultural economy. h. Support legislation that would allow growers of specialty crops to participate in crop insurance programs, including legislation that would treat plant pest quarantines as disasters and provide eligibility for economic relief to growers of specialty crops in declared disaster areas. i. Support efforts to encourage property owners to remove dead and dying citrus trees. j. Support legislation that would make it easier to remove dead, dying and diseased trees that have the potential to harbor invasive woodboring pests and to require the appropriate safeguards for the movement of such greenwaste that may harbor pests. 2. Pesticide Regulations a. Support legislation that would improve the funding and effectiveness of pesticide regulation activities to protect the safety of workers, the public and the environment. b. Support legislation that would review, amend or increase user fees collected by the County Agricultural Commissioner for the testing, certification or registration of licensed or certified individuals and pest control businesses. c. Support legislation that would increase funding for regulatory activities associated with structural fumigation inspections to promote worker and public safety. d. Support legislation that would increase funding for education, outreach and compliance assessment activities related to the safe use of pesticides. e. Support legislation that would fund the electronic submission, collection, and entry of pesticide data. f. Support legislation that would provide alternatives to enforcement activities by promoting a consultation-based option for compliance. 49 Attachment C 3. Agricultural Standards: Direct Marketing, Organic, Standardization and Eggs a. Support legislation that would provide grants to increase producers’ competitiveness in Specialty Crops, including nursery stock. b. Support legislation that would improve funding for compliance assessment of Certified Farmers’ Markets and Certified Producers. c. Support legislation that would improve funding for the California Department of Food and Agriculture (CDFA) State Organic Program to protect consumers and industry by improving standards under which fresh agricultural products and foods may be labeled and sold as organic. d. Oppose legislation that would end the CDFA State Organic Program registration requirements and fee based activities performed by the CDFA State Organic Program and County Agricultural Commissioners. e. Oppose legislation that would end statewide enforcement of the State Organic Program by CDFA and County Agricultural Commissioners. f. Support legislation that would increase funding for enforcement of organic labeling or produce quality. g. Support legislation that would authorize counties with a population greater than one million to establish a registration fee for fresh fruit and vegetable wholesalers. h. Oppose legislation that would increase state control over fruit and vegetable standardization programs. i. Support legislation that would improve funding for the Shell Egg Quality Program to ensure eggs for human consumption are property handled, labeled and are wholesome and safe to eat. j. Support legislation that would increase regional enforcement collaboration amongst counties that interact with businesses operating in multiple counties if local control is not impacted. 4. Bees a. Support legislation that would encourage apiculture on lands that the State Department of Fish and Wildlife and the State Department of Transportation manage in California and authorize apiculture on public land. b. Support legislation that would promote funded regulatory activities for biologically sound beekeeping, improve the safety of people and animals, and improve the protection of European and native honeybee health. c. Support legislation that would require property owners to abate unmanaged or feral bee hives, which affect public safety and pose a public nuisance. 50 Attachment C 5. Integrated Pest Control and Wildlife Services a. Support legislation that would promote effective control of rodents that present risks to humans and/or livestock. b. Support legislation that would improve funding for wildlife management and education programs that aid the public in safely addressing interactions with wildlife such as coyotes, bobcats, mountain lions and feral pigs, which impact public safety and the environment. 6. Agricultural Land and Water Quality a. Support legislation that would increase funding for agricultural water quality education, outreach and compliance assessment. b. Support legislation that would encourage conservation of agricultural land by providing funding for conservation easements or the transfer/purchase of development rights and economic incentives for farmers to conserve wetland and grassland habitats on their farms. 7. Weights and Measures a. Oppose legislation that would diminish or remove protections now afforded to consumers for commercial transactions measured by weighing or measuring devices or computed by Point of Sale systems. b. Support legislation that would review or amend state caps on fees collected by the county sealer for the registration of businesses that use commercial weighing or measuring devices for full cost recovery when possible. c. Support legislation that extends the repeal date pertaining to Weights and Measures Device Registration Fees to support cost recovery. d. Support legislation that would improve customer protection during business transactions involving commercial weighing or measuring devices (scales, meters and scanners). e. Support legislation that would provide for a more flexible sampling methodology for point-of-sale systems inspections to increase the number of inspections, providing additional consumer protection. f. Support legislation that would ensure effective pricing accuracy of retail merchandise and agricultural products when electronic point-of-sale systems are used. g. Support legislation that would provide funding for the inspection of businesses licensed as weighmasters. h. Support legislation that promotes consumer and business confidence with the accuracy of product weight, measure and price. 51 Attachment C i. Support legislation that would assure the clear labeling and accuracy of the net quantity of packaged products to promote value comparison and consumer confidence. j. Support legislation that would harmonize the language regarding civil penalty authority in the Food and Agricultural Code and the Business and Professions Code to allow County Agricultural Commissioners to levy, in lieu of civil prosecution, a civil penalty against persons who violate provisions of the codes in order to provide an effective alternative to court prosecution. k. Oppose legislation that supports the use of or creates weights and measures standards that have not been officially adopted by the National Conference of Weights and Measures. B. Biotechnology 1. Industry a. Support efforts to identify an in-state alternative site to Ward Valley; and oppose provisions to limit the amounts of low-level radioactive waste and mandate disposal options, and support performance based, scientifically founded solutions to disposal of such waste. 2. Education a. Support legislation that provides assistance from new revenue sources to universities to retain and expand existing biotechnology programs, including predoctorial and post-doctoral education and targeting underrepresented or at risk students. C. California Energy 1. Support legislation that would expedite siting and construction of new generation plants. 2. Support legislation that would encourage exploration of alternative fuels and renewable energy sources. 3. Support legislation that establishes a system for competitive and predictable electricity rates. 4. Support legislation that allows for direct access to permit companies to choose their own providers. 5. Support legislation that provides reliable energy including generators, cross border opportunities and energy transfers. 6. Support legislation that provides a fair allocation of Department of Water Resources energy costs to San Diego Gas and Electric (SDG&E) customers. 7. Support legislation that provides clean and diversified energy initiatives (energy efficiency, solar, wind, geothermal, biomass, clean coal technologies and advanced 52 Attachment C natural gas technologies) to augment traditional resources (oil, natural gas, coal and hydropower). 8. Support incentives that promote “green building” practices to make facilities resource and energy efficient and healthy places to work. D. Climate Change 1. Oppose legislation that mandates local government programs to reduce Greenhouse Gas (GHG) emissions without providing funding. 2. Support legislation that provides incentives and CEQA streamlining for higher density redevelopment and infill development in urban centers. 3. Encourage, with financial incentives, cost effective and efficient methods to reduce GHG emissions. 4. Oppose legislation that addresses GHG emissions at the expense of jeopardizing existing criteria pollutant reduction programs. 5. Support legislation that clarifies the local air districts’ existing authority, or delegates authority to local air districts, to enforce GHG regulations for stationary sources currently regulated under criteria pollutant programs. 6. Support legislation that provides funding for local climate change programs. 7. Support legislation that provides funding for development and/or implementation of local emergency response and adaptation strategies relating to climate change. E. Development Process Improvements Related to the Endangered Species Act (ESA) 1. Support legislation that would reduce the complexity and time necessary for the listing process, establish minimum standards for determining the best available scientific and commercial data, and require the scientific data supporting a listing to be published in the Federal Register. 2. Support legislation that would require that a peer review process be established both within and outside of government to verify scientific and commercial data, and its use in the endangered species listing process. 3. Support legislation that would simplify the process for obtaining permits, and extend the Section 7 consultation requirement to persons who do not necessarily require multiple agency permits. 4. Support legislation that would provide local agencies having land use authority sufficient funding to implement multiple species and/or habitat recovery plans. 5. Support legislation that would streamline the ESA Section 7 consultations when there is an adopted habitat conservation plan. 53 Attachment C 6. Support legislation that would provide that critical habitat designations would not include areas that are part of an adopted habitat conservation plan, or one that is currently under development through a planning agreement. 7. Oppose legislation that would replace the current "sensitive species evaluation standards" review with a "full disclosure of information" document similar to that required by the CEQA. 8. Support legislation that would exempt lands supporting existing agricultural uses from requirements arising out of habitat conservation plans prepared pursuant to the state or federal ESA. 9. Support legislation that would require that habitat conservation plans accommodate necessary fire safety and flood control measures such as controlled burning and vegetation treatments. 10. Support legislation that would amend the state and federal ESA to provide that an approved Multiple Species Conservation Program shall not require modification as a result of subsequent unforeseen circumstances or the subsequent listing of additional species. 11. Support legislation that would require the state and federal governments to indemnify local governments for any legal actions arising out of the implementation of multiple species habitat conservation plans or any special rules that carry out the provisions of the ESA. 12. Support legislation that would exempt from normal permit requirements actions taken on private property to prevent or minimize injury to property, health or safety. 13. Support legislation that reaffirms that the development of conservation plans is a priority for federal and state wildlife agencies to review and remain partners on. F. Environmental Health 1. Support legislation that would promote local control of hazardous materials handling, hazardous waste management, medical waste management and protection of groundwater from underground and aboveground storage tank leaks. 2. Support legislation prohibiting the state from forcing a county to accept more than its fair share of hazardous waste. 3. Support legislation to amend Public Resources Code relating to solid waste to allow burn dumpsites that are orphaned or held by a property owner to be more competitive for remediation funding in order to mitigate public health risk. 4. Support statewide efforts to hold producers responsible for universal waste, sharps waste, pharmaceutical waste and other product waste management costs and support legislation to implement the framework for an Extended Producer Responsibility System that shifts universal, sharps, pharmaceutical and other waste management costs from local government to the producer of the product. 54 Attachment C 5. Support legislation that raises the reporting threshold for low risk hazardous materials. 6. Support statewide efforts to clarify medical waste laws and align them with the regulations established by the Occupational Safety and Health Administration and the U.S. Department of Transportation for handling, storage and transportation of medical waste. 7. Support legislation that would improve health and safety at public spas and swimming pools and increase pool operator knowledge without imposing unreasonable costs or mandates. 8. Support legislation that would protect the public by incorporating food safety in the local design and implementation of new food systems-related programs. 9. Support legislation that would improve food safety procedures at regulated food facilities without imposing unreasonable costs or mandates. 10. Support legislation that would improve health and safety at body art facilities without imposing unreasonable costs or mandates. 11. Support legislation that would ensure public health at cottage food operations by properly addressing food handler training, inspection and enforcement procedures and effective public notification, and also would allow for cost recovery for the agency responsible for implementation. 12. Support legislation that improves food safety knowledge for all food handlers without imposing unreasonable costs or mandates. 13. Support legislation that would improve the County’s ability to limit re-occupancy of a residence that has been determined to have been used in the manufacture of Methamphetamine until such time as the property owner has performed the necessary clean-up and mitigation for hazardous byproducts. 14. Support legislation that would encourage accessibility to and promote the advantages of fishermen’s markets and local fresh caught seafood. 15. Support legislation that allows for greater flexibility in public pool signage requirements while protecting public health when advising the public of the health risks associated with the use of a pool by someone who is or has recently been ill. 16. Support legislation that would provide full cost recovery for local radiation health protection programs conducted under contract to assist the State. 17. Support legislation that provides funding for State mandated environmental reporting information systems and funding for the information exchange requirements or modifications that require local data systems to be modified to connect and transmit information to state’s data systems. 18. Support state and federal efforts to address and eliminate untreated sewage that originates from across the U.S.-Mexico border. 55 Attachment C 19. Support legislation that expands catered food service options to include direct-sales catering, while ensuring food safety and public health protection, or that allows the County’s local ordinance on catered food service with direct-sales catering to be grandfathered under state law. G. Historical and Cultural Preservation 1. Support funding for the preservation of historical and cultural resources. H. Land and Water Conservation Fund 1. Support full and permanent funding for the Land and Water Conservation Fund first enacted in 1964 to create and maintain a nationwide legacy of high quality recreation areas and facilities. 2. Support reform of the Land and Water Conservation Fund that would increase the State and local share of funding. 3. Support a greater allocation to the Land and Water Conservation Fund of the funding generated by existing offshore drilling. I. Offshore Oil Drilling – Outer Continental Shelf 1. Oppose offshore oil drilling in the coastal waters within the San Diego region. 2. Support legislation to increase state and local governments' decision-making roles regarding offshore operations. J. Water Availability and Resources 1. Support legislative measures proposing improvements to the Sacramento-San Joaquin Delta and State Water Project facilities that would facilitate conveyance of water to Southern California. 2. Support legislation related to water supply and Delta levee repair that would: • Improve Delta levees to control flooding, maintain water supply reliability and reduce seawater intrusion to protect water quality. • Develop adequate and reliable funding from state and federal sources for maintenance of Delta levees. • Provide funding to enhance conveyance and storage facilities as part of the California Bay-Delta Authority (CBDA) program that are cost-effective, improve the reliability and quality of the San Diego region’s water supplies and protect the Bay-Delta’s ecosystem. • Support funding for water conservation, water recycling, groundwater recovery and recharge, and source water protection and watershed planning activities and facilities. 3. Support legislation that provides for the development of a comprehensive state water plan that balances California’s competing water needs and results in a reliable and affordable supply of high-quality water for the San Diego region. 56 Attachment C 4. Support legislation that allocates state water bond funds to the San Diego region in a fair and equitable manner. 5. Support legislation that would expand the use of water conservation and voluntary water transfers. 6. Support legislation that would provide incentives and funding for indoor and outdoor water conservation measures sponsored by local agencies. 7. Support legislation that would assist the reclamation and reuse of water. 8. Oppose legislation creating administrative and financing obstacles to the development of water reclamation programs. 9. Support funding for wastewater or drinking water infrastructure projects including water treatment improvements, storm drain projects and sewer improvements. 10. Support legislation and policy that reduces the impact of water shortages on San Diego agriculture. 11. Support legislation that would maintain the 100-year standard for levee protection in Southern California jurisdictions. 12. Support legislation to reduce revegetation and habitat enhancement success criteria during periods of extended drought declaration. K. Watershed Planning and Water Quality Management 1. Support legislation that would foster science-based, environmentally beneficial, resultsoriented, and cost-effective water quality programs that draw on the strengths of municipalities that administer stormwater permits and the state and regional water quality control boards. Clean water legislation should address all of the following issues: • Use of current science and relevant data when setting water quality objectives in watershed basin plans. • Identification and abatement of sources of stormwater pollution. • Increased local flexibility in the use of local resources to manage stormwater and improve or maintain water quality. • Elimination of duplicative efforts by state and local water quality regulatory programs to prevent wasted time and effort, and to better use limited funds. 2. Support legislation that would provide funding for implementation of long-term treatment control best management practices, and related storm water quality/urban runoff improvement programs associated with approved Integrated Regional Watershed Management plans. 3. Oppose legislation that would mandate improvements to water quality, and related actions, but fails to include necessary long-term funding resources. 57 Attachment C 4. Support legislation that would provide funding for programs and research to improve the quality of recreational water, surface water and groundwater. 5. Support legislation that would promote and fund comprehensive solutions to clean water issues that affect public agencies and the private sector, including: • Planning • Monitoring and pollution detection • Research and program development • Data analysis and dissemination • Research • Water quality protection 6. Support legislation that would provide funding for flood control and hazard mitigation projects and programs to protect life and property from the impacts of flooding. 7. Support legislation that provides a secure, consistent, and recurring long-term funding source for the testing of beach water quality and corresponding public health notification at San Diego County beaches and bays. 8. Support legislation and regulatory actions that are consistent with existing mandates of the federal Clean Water Act, provide local flexibility for attaining water quality objectives, and avoid imposing unfunded mandates. L. Wildlife Preservation – Habitat Protection 1. Support legislation to provide funding to local governments to create programs to protect river parkways and to reclaim damaged river habitat. 2. Support legislation that would balance protection of the nation’s biological and wildlife resources with the social, economic, and quality-of-life standards of local communities. 3. Support legislation that would recognize the value of cooperative planning by agencies to protect important natural resources through multi-species habitat plans, and provide funding for regional and sub-regional multi-species habitat plans. 4. Support legislation that would provide federal and/or state funding to complete planning and implementation of regional open space plans, including funding sources for acquisition management, monitoring and maintenance. 5. Support legislation that would require compensation by the state or federal government to private property owners when there has been an effective taking of property as a result of the implementation of environmental laws and regulations. 6. Support continued funding for Farm Bill programs that provide economic incentives to farmers for conservation efforts. 7. Support legislation that would require the commitment of state and federal lands with habitat value to regional preserve systems established by multiple species habitat plans encourage state and federal granting agencies, in concert with regulatory agencies, to 58 Attachment C provide land transfers and funding for acquisition as part of habitat conservation plans free of encumbrances. 8. Support legislation that would authorize the inclusion of passive recreational uses in regional preserve systems established by multiple species habitat plans. 9. Support legislation that would provide incentives, such as income tax credits, for property owners to preserve, sell or donate biologically valuable land. 10. Support legislation that would provide funding for planning and implementation activities such as acquisition management, monitoring and maintenance for the County Multiple Species Conservation Program (MSCP) Plans that are permitted under the Federal ESA Section 10(a) Habitat Conservation Plans (HCPs) and the State Natural Community Conservation Planning (NCCP) Act and funding for other regional activities, including funding for the U.S. Fish and Wildlife Service San Diego National Wildlife Refuge and Otay/Kuchamaa. 11. Support legislation to fund the Department of Defense’s (DOD) land buffer program and limit the use of conservation easements within DOD grants. 12. Support funding for necessary Army Corps of Engineers (Corps) technical support to enable the Corps and the U.S. Environmental Protection agency to work with the County to develop a streamlined Section 404 permitting process that is equivalent to the permitting benefits of the MSCP. One approach to this goal is to create a Programmatic General Permit/Regional General Permit for the County through a Special Area Management Plan (SAMP). 13. Support legislation that funds removal of non-native or invasive weeds or provides stable funding for Weed Management Areas or programs. 14. Support legislation that requires the federal government to develop, implement, and fund mitigation plans to address the trash and debris flowing downstream into the Tijuana River Valley from the other side of the border and support funding that mitigates the ecological impacts of the border fence. IX. TRANSPORTATION AND PUBLIC WORKS The policy of the County of San Diego with respect to various transportation and public works matters shall be as noted below. A. Airports 1. Support federal legislation that would continue to fund the Airport Improvement Program at a level necessary to ensure sufficient revenue for local airports to meet safety, security, capacity, and noise improvement needs. 2. Oppose legislation that would divert funds from the state aviation program. 59 Attachment C 3. Support legislation that provides funding for airport security improvements and provides ongoing funding for security at county-owned airports, where county government has been called upon to provide enhanced security. 4. Support full funding for the Airport Improvement Program (AIP), the Contract Tower Program, and capital improvements at airports. 5. Support legislation that provides funding for intermodal projects such as mass transit, rail or passenger car that connect airports with the regional transportation network. 6. Support federal legislation that would address the issues related to national security risks from the use of flight schools as identified in the 2012 GAO Report titled “General Aviation Security: Weaknesses Exist in TSA’s Process for Ensuring Foreign Flight Students Do Not Pose a Security Threat.” 7. Support federal and state legislation that would maintain air traffic control towers at County airports. 8. Support legislation and administrative action to require the Federal Aviation Administration to retain a waypoint that reduces noise to the communities under the flight path as standard operating procedure at the San Diego International Airport. B. Infrastructure Development in Support of Business and Commerce 1. Support legislation that would provide funding for development of backbone infrastructure systems in support of industrial facilities, business parks and the proposed Port of Entry in East Otay Mesa, consistent with specific plans for the area, and local/regional transportation plans and projects. C. Metro Sewer System Upgrade 1. Support legislation providing federal matching funds to upgrade the Metro Sewer System and other local wastewater collection, treatment, recycling, and disposal facilities. 2. Support legislation authorizing the use of alternative technology to treat wastewater if results are equal to secondary treatment. 3. Support legislation authorizing a combination of water reclamation and advanced primary treatment, i.e., "secondary equivalent" as an alternative to the secondary treatment requirement of the federal Clean Water Act where it can be demonstrated that the impact on receiving waters will be equal to or better than with total secondary treatment and discharge of all effluent. 4. Support legislation that would hold existing Metropolitan Sewage Disposal Agreements and Joint Powers Agreements for Metro participating agencies harmless from subsequent judicial decisions or legislative changes. 5. Support funding for development of local and regional water recycling projects, including groundwater recharge and potable reservoir augmentation. 60 Attachment C D. Sanitation Districts 1. Support legislation that would increase the contract limit at which formal bids are required from $35,000 to $50,000 for county sanitation district projects. E. Solid Waste Planning and Disposal 1. Support legislation that would require active landfill operations to bear the full costs of permitting, operating, long-term monitoring, enforcement and maintenance. 2. Support legislation that would ensure all solid waste management operators and jurisdictions will provide complete information about waste that enters or is diverted from landfills so that all jurisdictions and CalRecycle can make accurate assessments in compliance with AB 939 reporting requirements. 3. Support funding for inactive landfill and burn dumpsite monitoring, maintenance, and remediation. 4. Support legislative measures that would encourage expansion of composting and anaerobic digestion infrastructure. F. Solid Waste Recycling 1. Support legislative measures (a) requiring the state to provide funding for added costs to local agencies for preparation and implementation of mandated recycling plans and programs and (b) requiring extended manufacturer responsibility for the recyclability and disposal costs of their products — particularly "e-waste” and (c) encouraging active development of markets for recycled materials. 2. Support legislation establishing grant and loan programs for recycling businesses, including recyclers of construction/demolition materials and organics/green waste, and for rural and back county recycling programs. 3. Support legislation that would encourage environmentally preferable purchasing (EPP) Initiatives on a local, state, and federal level, as well as active development of private markets, to increase the markets for recycled content products. G. Streambed Alteration Permits – Public Projects 1. Support legislation that would streamline the issuance of a streambed alteration permit for emergency or routine construction and maintenance of public road drainage and flood control facility projects. 2. Support legislation that would establish standards for the use and creation of mitigation banks to meet streambed alteration permit mitigation conditions. 3. Support legislation that would exempt from normal permit requirements actions taken on private and public property to prevent or minimize injury to property, health or safety. 4. Support legislation extending the Water Resources Development Act to allow expedited review of public projects by U.S. Army Corps of Engineers regulatory staff. 61 Attachment C 5. Support legislation to exempt routine maintenance of detention basins and other manmade stormwater control facilities from federal and state permit requirements. H. Transportation 1. Support legislation that provides sufficient and equitable state or federal funding for roads, highways and bridges, protects local transportation funding and transit services, and facilitates the timely construction of local transportation projects. 2. Oppose legislative efforts to defer or divert transportation-related funding for state or federal deficit reduction/general fund purposes. 3. Support transportation funding legislation that: • Provides revenues without affecting funding sources of other county projects. • Allocates funding to counties based on equitable criteria such as total number of registered vehicles; and miles of roads. • Allows local discretion over funds for road improvements. • Reaffirms state responsibility for highway financing. • Assures federal funding for local transportation projects. • Continues state and federal funds for alternative forms of transit. 4. Support legislation to eliminate unnecessary federal or state review of local transportation projects. 5. Support legislation that would allocate funds as a pass-through or block grant directly to applicable local agencies. 6. Support legislation that would provide post-interstate funding for highway maintenance and rehabilitation. 7. Support legislation that would provide federal and state gas tax revenues to local governments on an equitable basis for street and road improvements. 8. Oppose legislation that would reduce the amounts available for the state Transportation Improvement Program or usurp local decision-making on priority transportation projects. 9. Support legislation that would fund and/or expand the implementation of the Federal Rural Transportation Initiative and in particular the funding of transportation improvements, including operation and safety improvements, on heavily traversed twolane arterials in the unincorporated area of San Diego County. 10. Support continued funding to study the establishment of a magnetic levitation (MAGLEV) rail system in the region. 11. Support funding for transportation projects such as road maintenance and widening, bypasses, pedestrian and bicycle improvements, and trails. 12. Oppose legislation that seeks to increase truck size or weight limits to a level that puts highways, roads, and bridges at risk of increased damage or deterioration or threatens 62 Attachment C the capacity of our road systems. 13. Support legislation that would remove the remaining available balance for the $9 billion in state debt funding for the high speed rail project, while allowing for the $950 million portion designated for local transportation to remain available for future funding. 63