California Legislature Returns on Monday
August 17, 2017
The California Legislature returns from recess on Monday with only a few short weeks before the first year of the two-year session ends on September 15. CSAC will focus on several issues that could have a significant impact on counties as the final weeks unwind. They include AB 1250, a de facto ban on county contracting for vital services and SB 649, a measure that would let big telecom companies override local authority for siting cellular facilities. CSAC also is concerned with SB 10, a bill that would change the current bail system and require counties to establish Pretrial Services Agencies. And we are also closely watching a package of bills related to housing. Add in the potential for “gut-and-amend” surprises, and the final weeks of the session are going to be a very busy time.
“We have a lot at stake this year with several bills that could have significant impact on California’s counties and the people we serve,” said DeAnn Baker, CSAC’s Deputy Executive Director for Legislative Services. “And we usually see some surprises at the end of the session that also require our attention. We will stay on top of it, and make sure we are keeping our counties informed about these issues as well.”
AB 1250 (Jones-Sawyer) AB 1250 imposes significant new restrictions and layers of bureaucracy designed to stop counties from contracting with non-profits, licensed professionals and other providers for local services. Restricting counties’ ability to contract for the most efficient and expert delivery of services would result in decreased quality and access to services or even the elimination of some services for our most vulnerable residents. A broad coalition of non-profits, business organizations, counties, and statewide associations is opposed to AB 1250.
The Coalition conducted a news conference in Fresno County today and there have been several editorials and Op-Eds pointing out the negative impacts this bill will have. Please see the press coverage and other information at this link, and additional information about AB 1250 is available here.
SB 649 (Hueso) SB 649 would curtail local governments’ discretion and eliminate public input on siting new cellular phone antennas and other equipment. It does nothing to require expanding cellular and broadband services to currently underserved areas. The result could be thousands of bulky and unsightly antennas installed on public street lights, signal lights, and even some public buildings, with very little local government input. See CSAC’s letter of opposition here and we are working with the League of California Cities in opposition to this bill.
Housing Package As CSAC previously reported, legislative leaders and the Governor negotiated support for a permanent source of funding for construction of subsidized housing and a general obligation housing bond as part of the cap and trade extension deal. The Legislature hopes to take up a housing package that includes these funding mechanisms quickly after the legislature returns from summer recess. As with any tax increase measure, however, it is unclear how easily the two-thirds vote requirement for new revenues can be met.
CSAC and our local government partners have commented on the bills rumored to be included in the deal. While we support additional funding for affordable housing, we have lingering concerns that many of the other bills in the package will simply increase administrative burdens without actually stimulating additional housing production. We continue to pursue amendments, as outlined in our joint comment letter is available online here.
Senate Bill 10 (Hertzberg) As amended, SB 10 would enact major reforms to California’s bail system. SB 10 significantly increases costs that counties would have to bear in establishing a Pretrial Services Agency, as well as the other costly mandates that are embedded within the measure. CSAC generally supports and commends the effort to move California away from a system based heavily on money bail and move toward a system based on risk, but has serious concerns with the legislation in its current form from a procedural and operational perspective.
Specifically, SB 10, as currently drafted, inhibits local control and flexibility relative to allowing each jurisdiction to determine who will handle the various parts of the pretrial program including assessments, reports, and monitoring. Rather than a single county pretrial services agency, we believe it is important that each jurisdiction be allowed to determine and assign pre-trial responsibilities through a thoughtful and collaborative process as deemed appropriate at the local level. For a reform of this magnitude and importance to succeed and achieve its goals, it is imperative that local jurisdictions be able to determine how they intend to handle the various components of assessments, reports to the court, and monitoring after careful examination of local agencies’ duties and resources.
Currently counties provide pretrial service programs through various agencies whether it is the Sheriff’s Department or Probation Department depends on the county. SB 10 could disrupt, and in many cases undo, successful pre-trial programs currently taking place in many counties by requiring counties to establish a Pretrial Services Agency. The costs for establishing a new agency as prescribed in SB 10 could be in the tens of millions of dollars for counties. Without any funding in the measure, CSAC must oppose this unfunded mandate. CSAC has been willing to work on SB 10 to make sure that the reforms provide the flexibility counties need to implement pretrial service programs that work within the counties criminal justice systems.
SB 10 passed out of the Senate Public Safety Committee 5-1, passed out of the Senate Appropriations Committee 5-2, passed off of the Senate Floor 26-11, passed out of the Assembly Public Safety Committee 4-2 and is waiting to be heard in the Assembly Appropriations Committee.