DRAFT A Publication of the County Executive Office/Legislative Affairs
August 11, 2020 Item No. 17
County of Orange Positions on Proposed Legislation
The Legislative Bulletin provides the Board of Supervisors with analyses of measures pending in Sacramento and Washington that are of interest to the County. Staff provides recommended positions that fall within the range of policies established by the Board. According to the County of Orange Legislative Affairs Procedures adopted by the Board of Supervisors on December 10, 2019, staff recommendations for formal County positions on legislation will be agendized and presented in this document for Board action at regular Board of Supervisors meetings. When the Board takes formal action on a piece of legislation, the CEO will direct the County’s legislative advocates to promote the individual bills as approved by the Board. The Legislative Bulletin also provides the Board of Supervisors with informative updates on State and Federal issues.
The 2019-2020 Legislative Platform was adopted by the Board of Supervisors’ on December 4, 2018.
On August 11, 2020, the Board of Supervisors will consider the following actions:
RECOMMENDED ACTIONS
1. Receive and File Legislative Bulletin
INFORMATIONAL ITEMS
1. County Position Matrix: CEO-LA
2. Sacramento Legislative Report
3. Washington DC Legislative Report
JMP8620 INFORMATIONAL ITEMS
1. County Position Matrix: CEO-LA
The tables below lists active bills the County has taken positions on in 2019-20.
State Legislation As of Thursday, August 6, 2020
Bill Number Author Subject Position Date of Status Notes Board Action AB 434 Daly Housing Financing Support 7.28.20 Senate Housing Programs: Uniform Procedures Hearing Date: August 6th
AB 516 Chiu Authority to Remove Oppose 6.4.19 Senate Appropriations – Vehicle Suspense File AB 1063 Petrie- Planning and Zoning Support 7.14.20 Senate Housing Norris Law: Housing Element AB 1994 Holden Eligibility Support 6.23.20 Senate Health
AB 2265 Quirk- Mental Health Support 5.19.20 Senate Health Silva Services Act: Use of funds for substance Hearing Date: August use disorder treatment 11th SB 12 Beall Mental Health Support 5.7.19 Assembly Appropriations Services: Youth – Suspense File SB 144 Mitchell Fees: Criminal Admin Oppose 5.7.19 Assembly Public Safety Fees
SB 258 Hertzberg California Emergency Support 5.21.19 Assembly Appropriations Solutions and Housing – Suspense File Program: grants: homeless shelters: pets and veterinary services SB 465 Bates San Onofre Nuclear Support 5.7.19 Assembly Appropriations Generating Station: - Suspense File Emergency Planning SB 555 Mitchell Jails and Juvenile Oppose 6.25.19 Assembly Appropriations Facilities: Telephone – Suspense File Services: Store SB 665 Umberg Mental Health Sponsor 4.23.19 Assembly Appropriations Services Fund: County /Support Jails SB 736 Umberg Creative Economy Support 5.21.19 Assembly Appropriations Task Force – Suspense File SB 803 Beall Mental Health Support 3.10.20 Assembly Appropriations Services: peer support specialist certification
Page 2 of 8
SB 1196 Umberg Price gouging Support 5.19.20 Assembly Public Safety
Federal Legislation As of Thursday August 6, 2020
Bill Number Author Subject Position Date of Status Notes Board Action HR 2995 Levin Spent Fuel Support 6.25.19 House Committee on Prioritization Act Energy and Commerce – Subcommittee on Environment and Climate Change HR 4004 Bustos The “Social Support 1.14.20 House Committee on Determinants Energy and Commerce Accelerator Act of 2019” S.923 Feinstein Fighting Support 5.7.19 Senate Committee on Homelessness Health, Education, Labor Through Services and and Pensions Housing Act S. 3020 Baldwin Commitment to Support 3.10.20 Senate Committee on Veteran Support and Veterans Affair Outreach
2. Sacramento Legislative Report
Prepared by Precision Advocacy Group LLC
We have entered the last month of the 2019-20 legislative session, and although this year has been atypical, the excitement of the end of session hasn’t disappeared. The Legislature is still extremely busy, advocates are still working, and the panicky feeling of needing to get a lot done in a short period of time is omnipresent. Rumors of a special session abound without clarity, details, or a set agenda. Since no one can go anywhere anyway, we’ll be sticking around to see what happens.
SB 665 (Umberg) Mental Health Services Act Funding in Jails
The Assembly Health Committee heard SB 665 sponsored by Orange County on August 4th. The hearing began at 2:00, wrapped up around 9:30 p.m., and included discussions of a number of controversial bills, from tobacco flavors to health care system consolidation. The County’s correctional health staff stayed in the office until the end of the hearing to testify telephonically and ensure that any questions from committee members were answered – for that, we are deeply appreciative. Senator Umberg provided an outstanding presentation of the bill, and in the end, local control won the day on a 14-0 vote.
During the weeks leading up to the hearing, we yearned for the old days of in-person lobbying. Reaching staffers and members to discuss the intricacies of the legislation without entering the Capitol building was challenging and required multiple emails, texts, and phone calls for each office. Senator Umberg additionally called his colleagues to elicit support. Opposition to the measure – primarily mental health advocacy groups – were also working full-time to convince committee members that the measure would divert behavioral health funding and that Mental Health Services Act (MHSA) funding should not be utilized in locked facilities.
Page 3 of 8
Our advocacy on behalf of the County has remained consistent, and the messaging resonated with legislators:
• SB 665 is a time-limited, small-scale, voluntary pilot program. It will allow the use of MHSA Innovation funding, which comprises 5% of total MHSA funding, in jails, in up to 8 counties. • The pilot program will involve community input, Board of Supervisors’ approval, and approval by the Mental Health Services Oversight and Accountability Commission (MHSOAC). • Incarcerated persons with mental health issues in the jails are the same persons suffering with mental health issues in our communities. SB 665 provides the opportunity to see whether additional help within the jail will assist in the reduction of recidivism and the stabilization of individuals with mental health illnesses. • This Innovations Program will provide the opportunity to truly track and test the validity of the arguments being made in support of increasing the flexibility of MHSA dollars to fund mental health services in county jails. • At the end of the pilot program, the MHSOAC will advise the Legislature on outcomes and whether this flexibility of MHSA funding should continue.
Division of Juvenile Justice Realignment
Although the budget has passed, negotiations around the realignment of juvenile justice from the State to counties is ongoing. The Legislature delayed policy action on this issue in June, wanting additional time and analysis before making large-scale decisions around a vulnerable population. This week, the Assembly Budget Subcommittee on Public Safety is holding an informational hearing to discuss the governor’s proposal as well as an alternative proposal. The Senate Budget Subcommittee is expected to do the same in the near future.
California currently has 4 juvenile justice facilities housing close to 800 youth. The 2019-20 Budget Act moved the Division of Juvenile Justice (DJJ), a division within the California Department of Corrections and Rehabilitation (CDCR), to the Health and Human Services Agency. As part of this year’s May Revision, the governor proposed to instead realign DJJ to counties.
Comments and concerns from the Assembly committee agenda:
• In 2018, out of 43 counties, 39 county juvenile halls were less than half full and at least 7 were less than 25% full, suggesting that counties have the physical capacity to absorb the DJJ realigned population. • One-time funding to counties to support security enhancements and some regionalized capacity may be warranted. • Annual commitments to DJJ are between 200-250 youth. • The Legislature is concerned about the potential risk that additional youth will be charged as adults with the closure of the DJJ. • Effective oversight of the juvenile justice system is a concern. There are inconsistencies in the development of annual juvenile justice plans and annual reporting by counties on the effectiveness of programs. • 93% of youth in DJJ are youth of color. • There are significant gaps in juvenile justice data that prevent proper oversight of programming and funding. • The Legislature may want to consider funding approaches that allow greater flexibility for program delivery, as counties have found approaches improving youth outcomes and enhancing public safety.
The alternative proposal to be introduced is described as building upon the governor’s proposal and containing key provisions of priority for the Committee. It is being brought forward by Human Rights Watch
Page 4 of 8
and Books Not Bars among others. Below is an abbreviated version of the committee’s table comparing the governor’s proposal to the alternative.
Provisions Governor’s Proposal Alternative Proposal Intake Closure Date July 1, 2021 July 1, 2023 Final DJJ Closure Date Through attrition December 31, 2023 Planning Body None Subcommittee under the Health and Human Services Child Welfare Council Incentives/Disincentives Counties to pay $125,000 per • Provides counties with youth, per year for each youth prorated $150,000 per that remains in DJJ on or after youth that is recalled from July 1, 2021 up until the age of DJJ in 2021-2022. 23. • Charges counties for youth charged in criminal court to reduce adult transfers.
Funding • Distributed by the Board of • Distributed by new Office State and Community of Youth Justice. Corrections. • Block grant based a • Funding formula based on county’s youth population county prior use of DJJ. and youth adjudicated for • $40 million for the first year WIC 707(b). and at full implementation, • Funding to be distributed $208.8 million. to the entities identified • Competitive grant of ~$9 that will deliver the million. services. • Allocation to county • Regional Youth Facilities probation, but allows the Grant: one-time ~$34 BOS to redirect the funding million. to another entity (other than • Youth and Community the DA, police/sheriffs’ Restoration Grant for dept.). evidence based, • Counties to pay $125,000 innovative, and promising per youth, per year for those models of programming that remain in DJJ on or provided by local entities 7/1/21 up until the age of or regional partnerships. 23. • CDCR to pay $616.44 daily for each youth convicted in criminal court under 18. Oversight CDCR to host a forum to Office of Youth Justice (OYJ) receive input from the subcommittee/ advisory body created in the HHS Child Welfare Council on various issues including oversight and dispositional alternatives.
Page 5 of 8
Governor’s Press Releases
Below is a list of the governor’s press releases as well as links to other relevant information linked in those press releases related to COVID-19 beginning July 27th. July 31: Governor Newsom Signs Executive Order in Response to COVID-19 July 29: Governor Newsom Takes Action to Strengthen State Unemployment Insurance Delivery System July 29: California Puts Money Back Into the Pockets of Millions of Working Californians Amid COVID-19 Recession July 27: In Stockton, Governor Newsom Announces Actions to Slow the Spread of COVID-19 in the Central Valley
3. Washington DC Legislative Report Prepared by Van Scoyoc Associates CAPITOL HILL
Senate Republicans Release their COVID Aid Package, Bipartisan Negotiations Stalled Senate Republicans introduced their COVID-response package, collectively called the HEALS Act (Health; Economic Assistance; Liability Protection; and Schools Act). The bill was rolled out in pieces with each chairman or issue lead releasing their section. Links to key pieces of the package are available below: • Appropriations Committee section-by-section summary and bill text • Finance Committee text and a section-by-section summary • Health, Education, Labor and Pensions (HELP) Committee section-by-section summary • Liability protections text and summary
The Republican proposal would provide no new direct aid for state and local governments. The bill instead would allow municipalities and states to use money from the CARES Act in a more flexible manner. The proposal also includes 5-year liability protections for many sectors such as small businesses, schools, hospitals, and universities.
Republicans have also been critical and voiced concerns ranging from the overall price tag to the inclusion of funds for construction of a new FBI building in downtown DC at the White House’s request. Sen. Graham (R-SC) told reporters, “I think if Mitch can get half the conference that’d be quite an accomplishment” and Sen Kennedy (R-LA) said, “We have unity in disagreement.” The final package will likely look different than the bills released yesterday.
With the release of the HEALS Act, Senate Democratic Leader Chuck Schumer, Speaker Nancy Pelosi, Treasury Secretary Mnuchin and White House Chief of Staff Meadows formally began their negotiations. came more would be meeting today. Negotiations on the package still remain deadlocked, but there are starting to be some signs of progress. Senate Minority Leader Schumer (D-NY) said, “I believe we're making progress. We came closer together on several issues. However, we remain far apart on number of issues, but we're finally moving in the right direction." Pelosi reiterated that she plans to keep the House in session if needed in order to finish consideration of the package. The Senate is scheduled to recess on Friday, August 7, but the break will almost certainly be delayed if an agreement cannot be reached. The House was scheduled to start its August break on Friday, July 31, and Members were sent home but told to be prepared to return with 24-hours’ notice once a deal is reached. Secretary Mnuchin has said he wants to reach a deal by this coming Friday. If not, he says, there may be no deal at all.
Although the two sides have consensus on areas like small business assistance and school district aid, on issues like state and local funding, the two sides remain apart. And for his part, Senate Republican Leader Mitch McConnell has stepped back, announcing that he will allow the Pelosi/Schumer/Mnuchin/Meadows Page 6 of 8
discussions to proceed, and he will help pass any deal the two sides can reach, even if it means losing some of McConnell’s priority issues.
Oversight Committee Roundtable on Portland The House Oversight and Reform Committee’s Subcommittee on Civil Rights and Civil Liberties Roundtable held a discussion entitled, “The Bill of Rights in the Balance: The Deployment of Federal Troops Against the American People.” In addition to the Democratic members of the Subcommittee, Reps. Suzanne Bonamici (OR-01) and Earl Blumenauer (OR-03) participated in the roundtable. Witnesses included: o The Honorable Lew Frederick, Oregon State Senator; o Mark Pettibone, Portland Protester; o Kelly Simon, Interim Legal Director, ACLU of Oregon; o Christopher David, Portland Protester; and o Timothy Snyder, Richard C. Levin Professor of History, Yale University.
AGENCY ANNOUNCEMENTS
HUD Deadline Extension for Housing Counselor Certification The Department of Housing and Urban Development (HUD) announced an Interim Final Rule to amend the time period for housing counselors to become certified to a new deadline of August 1, 2021. The extension is meant to help ensure housing counseling services remain available as the nation addresses the impacts of COVID-19. The new Interim Final Rule can be viewed here.
Trump extends National Guard COVID Mission through 2020 President Trump has extended the federal deployment of nearly 25,000 National Guard members detailed to coronavirus relief efforts until the end of 2020, but ordered states to start picking up 25 percent of the tab (which could cost millions per month). As many states report record cases and hospitalizations amid a resurgence of the virus, the memorandum released Monday evening says the decrease in financial support comes "as the United States transitions to a period of increased economic activity and recovery in those areas of the Nation where the threat posed by COVID-19 has been sufficiently mitigated."
Cybersecurity and Infrastructure Security Agency (CISA) Election Guide CISA released a “Guide to Vulnerability Reporting for America’s Election Administrators.” The guide walks election officials through the steps of establishing a vulnerability disclosure program. The guide also “aims to help election officials understand the role that the cybersecurity research community can play in helping officials keep systems secure so that the American public’s voice can be clearly heard.
PPP Application Deadline As a reminder, under current law, the deadline to apply for a Paycheck Protection Program (PPP) loan is August 8, 2020.
Census Bureau Announces Changes to Operational Plan The Census Bureau officially announced changes to the operational plan for the 2020 Census, namely, that field counting operations would end a month early on September 30th instead of October 31st. This includes in-person, online, phone, and mail responses. Counting was originally set to end in July, but after the coronavirus pandemic began, the date was moved to October. To complete the count by end of September, Director Steven Dillingham said that the Bureau would hire additional employees, conduct additional training sessions, and provide awards to enumerators in recognition of those who maximize hours worked. The Census Bureau press release can be viewed here.
White House Issues Executive Order on Telehealth On Monday, the White House issued an executive order on telehealth and rural care. The executive order acknowledges that the utilization of telehealth services during the COVID-19 pandemic will make telehealth
Page 7 of 8
“a permanent feature of healthcare delivery system” going forward. The full text of the executive order can be found here.
CDC Issues Interim Guidance on Testing Homeless Populations On Monday, the Centers for Disease Control and Prevention issued interim guidance regarding the COVID- 19 testing of homeless individuals. The updated guidance can be found here.
Public Health Emergency Extended HHS Secretary Alex Azar signed a continuation of the COVID-19 public health emergency (PHE). Azar declared the coronavirus a public health emergency in late January and the declaration was previously extended in April. The emergency declaration gives the Trump administration broad authority to loosen telehealth restrictions, waive Medicare regulations, and ease Health Insurance Portability and Accountability Act rules. A Public Health Emergency declaration lasts for 90 days after the HHS secretary declares the PHE or until the secretary says an emergency no longer exists, whichever comes first.
FDA Hand Sanitizer Warning In early months of the COVID pandemic, the Food and Drug Administration (FDA) allowed many distilleries to produce hand sanitizer. The FDA is now warning that hand sanitizers containing methanol are posing a health risk. FDA is working to remove those sanitizers from the marketplace. More information on the issue can be found here.
Census Bureau to Begin Emails to Reduce In-Person Visits The Census Bureau will begin emailing almost 20 million households this week, reminding them to respond to the 2020 Census in order to reduce in-person contact and follow ups in areas with active public health emergencies and social distancing measures in place. The Bureau is also considering sending text messages. The email messages will come from [email protected] and will give recipients the option to opt out of receiving future messages.
FEMA NCP Reopening FAQs The FEMA National Continuity Programs (NCP) sponsored regional webinars to share information about best practices for the reconstitution of operations, based on the Fact Sheet “Planning Considerations for Organizations in Reconstituting Operations During the COVID-19 Pandemic,” to enable organizations to return to normal following coronavirus (COVID-19) social distancing requirements. Responses to frequently asked questions raised during the webinars can be viewed here.
If you or your staff have any questions or require additional information on any of the items in this bulletin, please contact Peter DeMarco at 714-834-5777.
Page 8 of 8