Mandates Meeting Highlights Reimbursement Opportunities
November 3, 2016
The CSAC Mandate Services Committee recently met to discuss a hefty list of funding opportunities. The group discussed new mandates, and several legal cases that may broaden mandate eligibility. While the mandate landscape can be challenging, these developments are good news for local governments.
The 2016 legislative session produced quite a few bills with potential mandate impact (list available here). These bills may create openings for counties and other local entities to submit test claims and secure reimbursement from the state for the mandated work. Readers are welcome to contact staff (firstname.lastname@example.org) with suggestions and edits to add to this list; the Committee will continue to discuss test claims and coordination at future meetings as the bills take effect and counties work through implementation.
The group discussed one bill in particular: AB 2792 (Bonta), which creates new requirements for counties related to law enforcement and immigration policy. While the bill language states that no mandate reimbursement is required because the mandates are related to Prop 42 requirements, and are thus exempted from the mandate reimbursement process, committee members noted that there are many other duties for law enforcement not related to public records. CSAC is researching this issue.
Several pending court cases may provide additional guidance for mandate reimbursements: a recent Supreme Court decision related to stormwater requirements (CSAC Bulletin article here) and an appeal related to the Sexually Violent Predators mandate. Both cases have the potential to broaden the way mandate reimbursement works, particularly related to cases where requirements are discretionary versus where work is considered necessary to implement programs or standards. CSAC will continue to keep counties apprised of developments in the legal arena.
The CSAC Mandate Services Committee meets regularly to determine potential reimbursement opportunities and to navigate the Commission on State Mandates (CSM) process, and includes county, city, and special district representatives. CSAC welcomes county officials from all departments to participate. Mandate Service Committee meetings are typically scheduled for the day prior to the Commission on State Mandates hearings (schedule available here); attendees have the option of calling in to the meeting or attending in person at the CSAC offices. Interested parties should contact Betsy Hammer (email@example.com) to receive updates and join the committee for future meetings.