BOARD LEGISLATIVE COMMITTEE Friday, December 14, 2018 12:30 p.m. EBRPD – Administrative Headquarters 2950 Peralta Oaks Court Oakland, California 94605 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. A copy of the background materials concerning these agenda items, including any material that may have been submitted less than 72 hours before the meeting, is available for inspection on the District’s website (www. ebparks.org), the Headquarters reception desk, and at the meeting. Public Comment on Agenda Items If you wish to testify on an item on the agenda, please complete a speaker’s form and submit it to the recording secretary. Your name will be called when the item is announced for discussion. Accommodations and Access District facilities and meetings comply with the Americans with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board at 510-544-2020 as soon as possible, but preferably at least three working days prior to the meeting. AGENDA TIME ITEM STATUS STAFF 12:30 I. STATE LEGISLATION / OTHER MATTERS A. NEW LEGISLATION R Doyle/Pfuehler 1. AB 65 – Coastal Conservancy Climate Adaptation Funds (Petrie-Norris D-Laguna Beach) 2. SB 8 – State Park and Coastal Beaches Smoking Ban (Glazer D-Orinda) 3. SB 20 – Napa County Regional Park and Open Space District (Dodd D-Napa) 4. SB 45 – Wildfire, Drought and Flood Protection Bond Act of 2020 (Allen D-Santa Monica) 5. Other Items B. OTHER STATE MATTERS I Doyle/Pfuehler 1. Wildfire Legislation 2. Retirement of Nonette Hanko 3. Other Items II. FEDERAL LEGISLATION / OTHER MATTERS R Pfuehler/Baldinger A. NEW LEGISLATION 1. H.R. 7154 – Safe Drinking Water in Playgrounds and Parks (Meng D-NY) 2. S. 3499 – Outdoors for All Act (Harris D-CA) 3. S. 3515 – Wildfire-Resilient Communities (Merkley D-OR) 4. Other Items B. OTHER FEDERAL MATTERS I Pfuehler/Baldinger 1. Land and Water Conservation Fund Update 2. Other Items III. MEASURE FF AND ELECTION RESULTS I Pfuehler/Baldinger IV. 2019 LEGISLATIVE PRIORITIES R Doyle/Pfuehler/ Baldinger V. ADVOCATE CONTRACTS R Doyle/Pfuehler A. Strategy Research Institute B. E2 Strategies, LLC VI. ARTICLES VII. OPEN FORUM PUBLIC COMMENT Individuals wishing to address the Committee on a topic not on the agenda may do so by completing a speaker’s form and submitting it to the recording secretary. VIII. BOARD COMMENTS (R) Recommendation for Future Board Consideration (I) Information (D) Discussion Legislative Committee Members Future Meetings: Dee Rosario (Chair); Dennis Waespi, Beverly Lane January 8 & 26 July 20 Colin Coffey, Alternate February – NO MTG August – NO MTG Erich Pfuehler, Government Affairs Manager *March 9 September 21 April 20 October 19 May 18 November – NO MTG June – NO MTG *December 14 TO: Board Legislative Committee (Chair Dee Rosario, Dennis Waespi, Beverly Lane, Alt. Colin Coffey) FROM: Robert E. Doyle, General Manager Erich Pfuehler, Government Affairs Manager SUBJECT: Board Legislative Committee Meeting WHEN: Friday, December 14, 2018 12:30 PM Lunch will be served WHERE: Board Room, Peralta Oaks _______ Items to be discussed: I. STATE LEGISLATION / OTHER MATTERS A. NEW LEGISLATION 1. AB 65 – Coastal Conservancy Climate Adaptation Funds (Petrie-Norris D-Laguna Beach) Proposition 68 authorizes $40 million to assist coastal communities in adapting to climate change. The language of SB 5 called for depositing the $40 million into the California Ocean Protection Trust Fund (OPTF). The OPTF was created by the California Ocean Protection Act and administered by the Ocean Protection Council. Of the $40 million, SB 5 called on 35% of this funding to be available for the San Francisco Bay Area Conservancy Program and 12% available to the State Coastal Conservancy to fund a conservation program at West Coyote Hills. The remaining 53% would have been held in the OPTF. AB 65 would distribute the full $40 million to be administered by the State Coastal Conservancy. AB 65 prioritizes projects which adapt to climate change. AB 65 does not specify the Bay Program continues to receive 35% of the $40 million. While the Coastal Conservancy would view San Francisco Bay Area projects as eligible for all $40 million, the District would have an interest in ensuring 35% remain allocated to the Bay Program. Staff recommendation: Support 2. SB 8 – State Park and Coastal Beaches Smoking Ban (Glazer D-Orinda) Senator Glazer passed similar legislation in the last session year, SB 835 and SB 836. The bills would have prohibited smoking in state parks, on state beaches and at any picnic area on a state beach. They also required the Department of Parks and Recreation to post signs to notify the public about the smoking ban. Governor Jerry Brown vetoed these measures and similar measures in the previous two years. In his September 29th, 2018 veto message, Governor Brown stated: “Third time is not always a charm. My opinion on the matter has not changed. We have many rules telling us what we can't do and these are wide open spaces.” SB 8 would make it an infraction to smoke in a unit of the state park system punishable by a fine up to $25. This iteration, should it pass the legislature, will be before a new Governor which may increase its chances of becoming law. Groups supporting this legislation in the past include the Park District, California Park and Recreation Society, Mount Diablo Audubon Society, Save the Bay and the Trust for Public Land. Given the District has 1 its own smoking ban under Ordinance 38, it would be consistent to continue to support this legislation by a member of the East Bay delegation. Staff recommendation: Support 3. SB 20 – Napa County Regional Park and Open Space District (Dodd D-Napa) SB 20 would statutorily provide the Napa County Regional Park and Open Space District (NCRPOSD) the ability to acquire 850 acres of state surplus property. The property is presently controlled by the County of Napa as part of Skyline Wilderness Park. Currently, the State Department of General Services does not have the authority to sell or exchange the property. This legislation would allow the NCRPOSD or Napa County to acquire the surplus property. While this is specific legislation to Napa County, NCRPOSD would welcome the Park District’s support of SB 20. Staff recommendation: Support 4. SB 45 – Wildfire, Drought and Flood Protection Bond Act (Allen D-Santa Monica) Senator Allen’s $4 billion bond legislation takes a fairly comprehensive look at the inter- relation between restoring fire damaged areas, reducing wildfire risk, creating healthy forest and watersheds, reducing climate impacts on urban areas and vulnerable populations, protecting water supply and water quality, reducing flood risk and protecting coastal lands. SB 45 does not assign dollar allocations to the various categories included in the outline. There is not currently an allocation category for parks or outdoor access. During the session, there will be significant discussions about the possible nature and categories for a resource related bond measure. The District should closely track this effort and work with the East Bay delegation to include the relationship between wildfire, drought, flooding, human health and natural resource management in whatever bond measure is considered. Staff recommendation: Watch 5. Other Items B. OTHER STATE MATTERS 1. Wildfire Legislation Please see the attached outline about possible issues of import to the District. The outline is intended to prompt discussion about our legislative advocacy throughout this session. 2. Retirement of Nonette Hanko In 1970, Nonette Hanoke played a key role in the passage of a two-county initiative to form the Midpeninsula Regional Open Space District (MidPen). Ms. Hanko, a native of San Mateo and Burlingame, has served on the MidPen Board of Directors since 1972. During her tenure, MidPen has acquired and protected over 63,495 acres of land, including 6,800 acres of redwoods and creating more than 243 miles of trails. Over the last decade, Ms. Hanko has been recognized for her preservation efforts. She has been featured as one of the living visionaries of Bay Area open space in Galen Rowell’s book Bay Area Wild, received the World of Out of Doors Award from the Girl Scouts of Santa Clara County and received the prestigious “Creators of the Legacy” honor as part of the Palo Alto Centennial. In recognition of Nonette Hanko’s 46 years of consecutive public service on the Midpeninsula 2 Regional Open Space District’s Board of Directors staff recommends a Resolution of Honor. Staff recommendation: Support 3. Other Items II. FEDERAL LEGISLATION / OTHER MATTERS A. NEW LEGISLATION 1. H.R. 7154 – Safe Drinking Water in Playgrounds and Parks (Meng D-NY) Representative Grace Ming from New York introduced this legislation to ensure drinking water fountains in playgrounds and parks are eligible for the “Reducing Lead in Drinking Water Grant Program.” Playgrounds and parks are not currently specified as eligible. The District would potentially be eligible for grants under this legislation when replacing water fountains in the parks. Staff recommendation: Support 2. S. 3499 – Outdoors for All Act (Harris D-CA) This legislation is the Senate companion bill for H.R. 2943 on which the District previously has taken a support position. The Outdoors for All Act would codify a federal grant program that offers matching funds to state and local governments investing in much-needed outdoor outlets. The bill directs the Department of the Interior to establish an outdoor recreation legacy partnership grant program under which Interior may award grants to eligible entities – which specifically include “a special purpose district, including park districts” at the District’s request.