Legislative Committee Packet
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AGENDA BOARD LEGISLATIVE COMMITTEE Friday, August 15, 2014 12:45 p.m., Peralta Oaks Board Room The following agenda items are listed for Committee consideration. In accordance with the Board Operating Guidelines, no official action of the Board will be taken at this meeting; rather, the Committee’s purpose shall be to review the listed items and to consider developing recommendations to the Board of Directors. AGENDA STATUS TIME ITEM STAFF 12:45 p.m. 1. STATE LEGISLATION / ISSUES (R) A. NEW LEGISLATION Doyle/Pfuehler Plan Amendment 1. SB 633 (Pavley D-Agoura Hills) – State Parks Energy Costs Report 2. AB 1922 (Gomez D-Los Angeles) – Greenway Development and Sustainment Act. (I) B. ISSUES Doyle/Pfuehler 1. Water and park bond updates 2. Bike bill update 3. Other issues Doyle/Pfuehler (R) II. FEDERAL LEGISLATION / ISSUES A. NEW LEGISLATION 1. H.R. 5220 (Graves R-MO) No More Land Act – prohibits LWCF dollars from being used for acquisition (I) B. ISSUES Doyle/Pfuehler 1. Land and Water Conservation Fund update 2. Other issues III. ALAMEDA COUNTY TRANSPORTATION SALES TAX (R) Doyle/Pfuehler MEASURE IV. PUBLIC COMMENTS V. ARTICLES (R) Recommendation for Future Board Consideration (I) Information Future 2014 Meetings: (D) Discussion September 19, 2014 November 21, 2014 Legislative Committee Members: October 24, 2014 December 19, 2014 Doug Siden, Chair, Ted Radke, John Sutter, Whitney Dotson, Alternate Erich Pfuehler, Staff Coordinator DRAFT Distribution/Agenda Only Distribution/Agenda Only Distribution/Full Packet Distribution/Full Packet Distribution/Full Packet District: Public: District: Public: AGMs Judi Bank Director Whitney Dotson Carol Johnson Ann Grodin Yolande Barial Bruce Beyaert Director Beverly Lane Jon King Nancy Kaiser Afton Crooks Director Ted Radke Glenn Kirby Ted Radosevich Robert Follrath, Sr. Director Doug Siden Mona Koa Connie Swisher Stana Hearne Director John Sutter Dr. George Manross Michael Kelley Director Carol Severin Jim O’Connor Distribution/Agenda Only Distribution/Full Packet Distribution/Full Packet Public: District: Norman LaForce Robert Doyle Allen Pulido Dan Levy Mike Anderson Di Rosario Fred W. Lopez Tim Anderson Carol Victor Peter Rauch Pat O’Brien Bob Nisbet Pete Wilson Dave Collins Tyrone Davis Cliff Rocha – Local 2428 Doug Houston Sharon Corkin – Local 2428 TO: Board Legislative Committee (Chair John Sutter, Doug Siden, Ted Radke and Alternate Whitney Dotson) FROM: Robert E. Doyle, General Manager Erich Pfuehler, Government Relations and Legislative Affairs Manager SUBJECT: Board Legislative Committee Meeting WHEN: Friday, August 15 - 12:45 p.m. Lunch will be served WHERE: Board Room, Peralta Oaks _______ Items to be discussed: I. STATE LEGISLATION / ISSUES A. NEW LEGISLATION 1. SB 633 (Pavley D-Agoura Hills) – State Parks Energy Costs Report State Senator Fran Pavley recently gutted and amended a CEQA measure, SB 633, to require the Department of Parks and Recreation (DPR) to report to the Legislature on various activities relating to revenue generation, cost savings, transparency and the promotion of state parks. Specifically, the legislation will require a report to identify energy costs, projects to reduce energy costs and potential energy-related infrastructure projects to be funded by cap- and-trade revenue. The bill also authorizes the Department to sell park passes through vendors. Additionally, it provides for some piloting of food truck vendors in parks. This bill is a reaction to the Parks Forward Commission recommendations to maximize efficiencies and generate more “in park” revenue. As of this writing, it is unclear how this would impact the three State Parks the District operates. The process the Department would have to go through to determine what energy-related infrastructure projects could be funded by cap-and-trade revenue could be informative for the District’s purposes. Staff Recommendation: WATCH 2. AB 1922 (Gomez D-Los Angeles) – Greenway Development and Sustainment Act Assembly Member Gomez represents much of Los Angeles and developing a “greenway” along the Los Angeles River is a high priority for the City. This bill would expand the types of nonprofits who can acquire and hold conservation easements. The bill also essentially defines a “greenway” as a part of “an open-space element of a county or city general plan.” The bill suggests state funding should be available for greenways, but does not require it. The instructive language is that a “city or county may apply for alternative fuels funding, greenhouse gas reduction funds, and other land use funds, as appropriate” if it develops a greenway that acts as a transportation corridor. A large portion of cap and trade dollars have been allocated for “sustainable communities and clean transportation,” so this would be an effort to tap into that funding for green transportation efforts. The East Bay Greenway under the BART tracks may be eligible to follow the model Los Angeles is initiating. From a District standpoint, the language suggesting cities and counties apply for alternative fuels funding [Section 1(b)(6)] should be amended to include Special Districts if possible. If Special Districts were included, staff would recommend a support position. Staff Recommendation: Work to amend B. ISSUES 1. Water and park bond updates The Safe Neighborhood Parks, Rivers and Coastal Protection Bond Act of 2014, SB 1086 (de Leon D-Los Angeles), the placeholder for a new state park bond, passed the Senate Appropriations Committee in May. It has, however, stalled in lieu of the legislature’s debate over the water bond. The current $11.1 billion water bond is slated to appear on the ballot this November. Unless the legislature acts to remove and/or replace it by 2/3rds vote, it will be on the ballot. Polling has consistently indicated it the $11.1 billion measure would fail. The Governor and many in the legislature are eager to replace it – particularly given the drought – with something less costly which would stand a better chance of passing. The Governor proposed a $6 billion (now up to $7.2 billion) measure and the State Senate tabled an $8 billion measure. As of this writing, the legislature has extended the deadline to act on the water bond until at least August 13th. It appears likely that there will be agreement on a bond in the $7 to $10 billion range that will replace the current $11.1 billion measure. This debate continues to overshadow nearly all other issues in Sacramento for the remainder of the session. This will also table discussion about the park bond until next year, with an eye toward the 2016 ballot. The General Manager has, and will continue to be, been very engaged in efforts to shape the park bond. The highest priority for the General Manager is to return the “per capita” distributions in statewide park bond measures. This would ensure direct funding for special park districts, cities and counties for park development. This will remain a high priority for the District’s legislative team. 2. Bike bill update The Local Bike Infrastructure Enhancement Act of 2014, SB 1183 (DeSaulnier D-Concord), authorizes local governments to impose vehicle registration surcharges to fund bicycle infrastructure maintenance and improvements. The bill would authorize regional park districts, cities and counties to impose a surcharge of up to $5 on motor vehicles registered within their jurisdictions and use the revenue to maintain and improve bicycle trail networks. Under the rules of Prop. 26, this bill does not directly impose a higher fee on Californians, so it is a majority vote measure in the Legislature. The action to increase the registration surcharge, however, may be a two-thirds vote of the local electorate. The bill is currently on the Appropriations suspense file and seems likely to pass. August 15th is the last day for fiscal committees to meet and report bills to the floor. If each house passes the bill by August 31st, the Governor has until September 30th to sign or veto. The General Manager, Legislative Manger and Sacramento Advocates have all testified in support of this legislation. The Senator has expressed continued enthusiasm about this legislation and seems pleased with the District’s support. 3. Other issues II. FEDERAL LEGISLATION / ISSUES A. NEW LEGISLATION 1. H.R. 5220 (Graves R-MO) No More Land Act This legislation would limit the use of Land and Water Conservation Fund (LWCF) dollars. It would restrict the funds to maintenance and prohibit the use of LWCF dollars for land acquisition. It requires a 20% reduction in the dollar value of backlogged maintenance within five years and requires penalties if those reduction targets are not met. It is a bad precedent for the LWCF and staff recommends an oppose position. Staff Recommendation: OPPOSE B. ISSUES 1. Land and Water Conservation Fund update Legislative Affairs Manager Erich Pfuehler will provide an overview of the work he and the two Legislative Policy and Social Media Interns are conducting to grow support for LWCF. III. ALAMEDA COUNTY TRANSPORTATION SALES TAX MEASURE On the November 4, 2014 ballot, Alameda County residents will have the opportunity to support ACTC’s expenditure plan. The final TEP is a $7.8 billion plan with a 30 year sunset. It calls for an increase in the sales tax by ½ cent, so a full 1 cent of sales tax will go toward transportation related projects. The TEP includes $651 million for bicycle and pedestrian projects (a full 8.4% of total anticipated funds) which is almost as much as it includes for Highway Efficiencies and Freight ($677 million). The TEP specifies funds ($264 million) will go for gap closures on the Iron Horse Trail, Bay Trail and East Bay Greenway. It also sets up a grant program for regional projects and trail maintenance of $154 million, for which the District would be a leading candidate to receive.