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Review and consider approval of Solano County’s Proposed 2019 State Legislative Platform and Proposed 2019 Federal Legislative Platform; Consider approval of three legislative proposals related to the Office of the State Fire Marshal plan review and inspection authority to avoid critical project schedule delays, the Cache Slough Complex Management Plan, and an Aircraft Keeper’s Lien; and Receive a legislative update from staff and the County’s state legislative advocate
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Published Notice Required? Yes _______ No ___X__
Public Hearing Required? Yes _______ No ___X__
DEPARTMENTAL RECOMMENDATION:
It is recommended that the Board of Supervisors review and consider approval of Solano County’s Proposed 2019 State Legislative Platform and Proposed 2019 Federal Legislative Platform; Consider approval of three legislative proposals related to the Office of the State Fire Marshal plan review and inspection authority to avoid critical project schedule delays, the Cache Slough Complex Management Plan, and an Aircraft Keeper’s Lien; and Receive a legislative update from staff and the County’s state legislative advocate.
SUMMARY:
The Board adopts a Legislative Platform on an annual basis which is intended to provide policy direction on state and federal legislation of interest to the County. The proposed 2019 Legislative Platform is a focused, comprehensive state and federal agenda outlining the County’s priorities for the coming year. For the upcoming legislative session, the County’s specific “Priority Issues” remain static based on having the greatest potential and need for state and federal participation however one additional priority area, Seniors and the Disabled, has been added to the proposed State Legislative Platform. In addition, two legislative proposals related to the Office of the State Fire Marshal plan review and inspection authority to avoid critical project schedule delays and a request for the state to develop the Cache Slough Complex Management Plan. The legislative program also provides the County’s state and federal legislative representatives with a clear understanding of the County’s priorities. The Proposed 2019 State Legislative Platform and the Proposed 2019 Federal Legislative Platform were reviewed by the Legislative Committee on November 5, 2018. The agenda for the November 5, 2018 legislative platform is available at the following link:
<http://www.solanocounty.com/civicax/filebank/blobdload.aspx?BlobID=29424>
FINANCIAL IMPACT:
The legislative program is designed to result in additional funding and cost avoidance relative to Solano County. The cost of preparing this report and compiling the information is a General Fund cost covered in the County Administrator’s FY2018/19 Adopted Budget.
DISCUSSION:
In December 2012, the Board approved the 2013 State and Federal Legislative Platforms in a format that was different from prior years. The revised format reflects the County’s specific “Priority Issues” that have the greatest potential and need for state and federal participation and provide the focus areas on which the County’s state and federal legislative advocates can concentrate advocacy efforts. In addition, the revised format includes general legislative principles in a variety of subject areas. The priority issues combined with the accompanying legislative principles provide a solid foundation for the County’s State and Federal legislative representatives in understanding the County’s legislative agenda.
For the upcoming legislative session, the Proposed 2019 State Legislative Platform and the Proposed 2019 Federal Legislative Platform maintains the same format with suggested changes/additions/deletions as outlined in Attachment A - redlined and Attachment B - clean version for federal priorities and Attachment C - redlined and Attachment D - clean version for state priorities.
Staff is recommending that the County’s “Priority Issues” for 2019 (listed alphabetically) are Funding for Key Water Infrastructure Projects, Health and Human Services, Housing, Economic Development, and Transportation Programs, Military Presence, Public Safety and Emergency Preparedness, and Sacramento-San Joaquin Delta and Suisun Marsh at the federal level and Affordable Care Implementation, Children, Youth, and Families, County Revenue Sources and Authority, County Strategic Plan, Environmental and Open Space, Sacramento-San Joaquin Delta and Suisun Marsh, State Realignment and Cost Shifts, Seniors and the Disabled as a new addition, and Voting and Election Efficiencies at the state level. Seniors and the Disabled is a new priority for 2019.
Each Legislative Platform also outlines, by policy area, general legislative principles on issues that enable County staff and the County’s legislative advocates to respond timely to state and federal legislative proposals throughout the legislative session.
One of the primary goals of the County’s legislative program is to enable timely and effective advocacy of County interests on pending state and federal legislation and issues. The Proposed 2019 Legislative Platforms allows the County’s legislative advocates and staff to identify and monitor legislative activities of importance, prepare letters of support or opposition, coordinate lobbying efforts, and advance County goals and objectives at both the state and federal levels.
The legislative issues that are included in the Proposed 2019 Legislative Platforms are recommended by County departments and their ally nonprofit organizations with input from the County’s state and federal legislative advocates. The Proposed 2019 Legislative Platforms incorporate elements of the County’s Strategic Plan, General Plan, and prior legislative actions as well as other priorities, as outlined by the Board.
On November 5, 2018, the Legislative Committee discussed the Proposed 2019 Legislative Platforms and recommended forwarding them to the full Board for approval. Since review by the Legislative Committee, staff has inserted three additional principles in the proposed 2019 Federal Legislative Platform, one related to “public charge” following the discussion on the issue that was included on the agenda and was heard by the Board of Supervisors separately on November 13, 2018 and two to support funding for enhanced improvements to the roadway and flooding at the Dixon Veterans Cemetery.
While the Proposed 2019 Legislative Platform seeks to accurately reflect the current challenges and threats imposed by both state and federal governments, should unanticipated issues arise, additional modifications may be required in future.
Once approved, the County’s 2019 Legislative Platforms will be posted to the Legislative Affairs website and can be accessed at http://www.solanocounty.com/legislation/. The website enables County staff and members of the public the ability to view state bills tracked by the County each legislative session and provide the status of positions taken by the County on bills tracked. Other functions available on the website include bill search, options to find legislatures, and posted Legislative Committee agenda packets.
In addition the proposed 2019 Legislative Platforms, the Legislative Committee recommended forwarding two legislative proposals related to the Office of the State Fire Marshal plan review and inspection authority to avoid critical project schedule delays and a request for the state to develop the Cache Slough Complex Management Plan to the full Board for approval. Each is summarized separately below and included in the previously noted November 5, 2019 Legislative Committee agenda packet. They are also attached to this staff report at Attachment F.
1. Legislative Proposal - Office of the State Fire Marshal, Fire and Life Safety Division, Plan Review Resource Augmentation: Solano County is a grateful and fortunate recipient of over $23 million in non-local funding provided by the Adult Local Criminal Justice Facilities Construction Program, also known as SB1022 Program, administered by the California Board of State and Community Corrections. This funding award, which was based on competitive applications submitted by California Counties, allows the County to leverage approximately one local or County dollar for each of nine state dollars up to the maximum funding award of over $23 million. Solano County is constructing the Rourk Vocational Training Center, which will provide needed training and education to adult offenders to increase their employment prospects following release with the ultimate goal of reducing recidivism. State approvals, including those performed by the Office of the State Fire Marshal (OSFM) are required for the County to comply with the requirements of the SB1022 Program and Counties were instructed to incorporate standardized review times into responsive submittals. Due to successive, unprecedented and large scale fires, OSFM personnel have provided emergency response during the protracted fire seasons and therefore the standardized time frames for plan review and construction inspections have been exceeded. This, in turn, has translated into delay claims by consultants and contractor hired by Solano County, which increases County costs associated with the project. This legislative proposal, offered in the spirit of partnership, would allow the OSFM, Fire and Life Safety Division to delegate plan review and inspection authority to a designated third-party inspection agency or to another State agency who has resource capacity and regulatory knowledge commensurate with the OSFM such as the Division of the State Architect when OSFM staff is otherwise unable to complete plan reviews and inspections in time to avoid critical project schedule delays. The intended fiscal impact is save local dollars that would otherwise be paid to consultants and contractors due to unforeseeable delays associated with plan review and inspections on State-funded building projects administered at a local level.
2. Development of a Cached Slough Complex Management Plan and moratorium of new Ecosystem Restoration projects within the Cache Slough Complex until such a plan is developed: The Cache Slough Complex, located in the lower portion of the Yolo Bypass mostly within Solano County, is a highly productive agricultural region. Due to its location in relationship to the Delta and Yolo Bypass, the agricultural lands within the Cache Slough Complex have been, or are at risk of being, lost due to ecosystem restoration projects associated with the state water project or from flood risk reduction measures. Lands within the Cache Slough Complex are being acquired in a patch-work fashion with little attention to direct, indirect and cumulative impacts to the region. This results in the potential or actual loss of vast areas of productive agricultural lands, creation of conflicts with the various land uses, and decreases in the value and effectiveness of both agriculture and ecosystem/flood control efforts in the region. While the County has been engaged in partnership with other local, state and federal agencies regarding planning for this area, no approved comprehensive management plan has yet been developed or implemented. Solano County is also considering using its land use authority to implement a local policy plan overlay that would establish allowed uses consistent with the General Plan within the region. This legislative proposal would support development of a Cache Slough Complex Management Plan to address the variety of land uses in the region in a coordinated effort to provide benefit and value to all uses, including agriculture. The plan would be developed through input from stakeholders and agencies within the area, including Solano County. The legislation would also address prospective ecosystem restoration projects in the region in the absence of a Cache Slough Complex Management Plan. Finally, the legislation would be supportive of local planning efforts to develop land uses consistent with an adopted General Plan.
Following the November 5, 2018 Legislative Committee meeting, an additional legislative proposal has been included which was not reviewed by the Committee.
3. Legislative Proposal - Aircraft Keeper’s Lien: The proposal is to seek legislation to clean up the aircraft lien law for aircraft storage purposes under Cal. Code of Civil Procedure (CCP) sec. 1208.61. In 1980, the lien sale provisions of the aircraft lien laws (specifically CCP 1208.65 et seq.) were declared unconstitutional but the statutes have not been amended. This past year, the County encountered a lien problem with aircraft storage at the Nut Tree Airport and is seeking legislation to remedy the unconstitutional provisions in the law.
ALTERNATIVES:
The Board may choose not to accept the Proposed 2019 State Legislative Platform and Proposed 2019 Federal Legislative Platform.
The Board may also choose to accept the Legislative Platform in part or not at all.
The Board may amend the Legislative Platform in any manner and at any time.
The Board may choose not to approve any or some of the legislative proposals.
OTHER AGENCY INVOLVEMENT:
Staff consulted with County Department Heads, County affiliated nonprofit agencies, Solano Transportation Authority, Solano County Water Agency, Travis Community Consortium, Delta Counties Coalition, the County’s state and federal legislative advocates, the California State Association of Counties, the National Association of Counties, as well as the League of California Cities.