Special Notice / Hearing: None
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Manager
Connie Juarez-Diroll, Legislative Officer
Subject: State and Federal Advocacy Services Agreements, 2022 Legislative Session Program, and New Laws for 2022
RECOMMENDATION:
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Recommendation to:
A) Adopt a resolution authorizing the County Manager to execute an agreement with Political Solutions, LLC for state legislative advocacy services for the term of January 1, 2022 through December 31, 2022 in the amount of $96,000; and
B) Adopt a resolution authorizing the County Manager to execute an agreement with Cruz Strategies, LLC for state legislative advocacy services for the term of January 1, 2022 through December 31, 2023 in the amount of $96,000; and
C) Adopt a resolution authorizing the County Manager to execute an agreement with Carpi and Clay, LLC for federal legislative advocacy services for the term of January 1, 2022 through December 31, 2022 in the amount of $96,000; and
D) Approve the San Mateo County 2022 Legislative Session Program; and
E) Accept a report on new laws going into effect in California in 2022.
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BACKGROUND:
In the fall of 2021, the County issued competitive Requests for Proposals (RFP) for state and federal advocacy services. A committee of the Board, as well as County staff, conducted interviews and recommended that the County contract for state lobbying services with the firms of Political Solutions, LLC (“Political Solutions”) and Cruz Strategies, LLC (“Cruz Strategies”) with a division of their respective policy areas of focus, as follows: Political Solutions (early learning and childcare, health and hospitals, social services, housing and child support) and Cruz Strategies (elections, land use, local government, public safety, tax and finance, transportation, housing and environment). The same committee also recommended that the County contract for federal lobbying services with Carpi & Clay, Inc (“Carpi & Clay”).
Political Solutions and Cruz Strategies (formerly The Quintana Cruz Company, LLC) have successfully and effectively represented the County since May 2009 and May 2014, respectively. Carpi & Clay have not previously represented the County of San Mateo.
The 2022 Legislative Session Program for San Mateo County details state and federal legislative priorities for the County in the new legislative sessions. These priorities, in combination with standing positions and policies taken by your Board, guide the County’s legislative advocacy efforts. The County Manager’s Office develops the County’s Legislative Session Program with direction from your Board and in collaboration with County departments, the County Manager, the County’s state associations, our state and federal legislative advocates, and community partners. The County’s Legislative Coordination and Advocacy Policy, approved by your Board on June 4, 2019, sets out the County’s processes for conveying official Board positions and coordination of actions between the Board of Supervisors, County Manager’s Office, County departments/agencies, and the County’s legislative advocates in Sacramento and Washington, D.C.
Hundreds of new laws went into effect in California in 2022, many with impacts on the County.
DISCUSSION:
State and Federal Advocacy Teams:
Political Solutions will continue to represent the County in the areas of early learning and childcare, health and hospitals, social services, child support and housing and will help to support the County’s Home For All effort as needed. Pursuant to the proposed agreement, Political Solutions will receive a yearly fee of $96,000 in calendar year 2022, with an option to renew for one additional year at the County’s discretion.
Cruz Strategies will continue to represent the County in the areas of elections, land use, local government, public safety, tax and finance, transportation and environment. Pursuant to the proposed agreement, Cruz Strategies will receive a yearly fee of $96,000 in calendar years 2022 and 2023.
Given their strong performance in representing the County, solid expertise in policy areas unique to San Mateo County, and the results of the RFP process, the County Manager’s Office (CMO) believes it is in the County’s best interest to remain with its current lobbying teams for state advocacy services.
Carpi & Clay will represent the County in all relevant policy areas at the federal level. Pursuant to the proposed agreement, Carpi and Clay will receive a yearly fee of $96,000 in calendar year 2022, with an option to renew for one additional year at the County’s discretion.
The resolutions have been reviewed and approved by County Counsel as to form. The resolutions contain the County’s standard provisions allowing amendment of the County’s fiscal obligations by a maximum of $25,000 (in aggregate per agreement).
2022 Legislative Session Program:
In 2022, County state advocacy efforts will be focused on continuing to advocate for the following list of select key issues: 1) support for and flexibility by the state the County’s front-line response to the COVID-19 pandemic; 2) reimbursement for the County’s and cities’ current VLF revenue shortfalls and adoption of a permanent legislative fix that provides full reimbursement to the County and its cities on an ongoing basis, as needed; 3) proposals that stimulate job growth and an equitable economic recovery in our County and the region; 3) ongoing state funding and proposals that advance the County’s efforts to combat homelessness, including additional funding for homeless prevention and ongoing support services, as well as permanent housing to help the unhoused achieve more permanent housing; 4) legislative efforts that address systemic inequities in our State and locally; and 5) support for solutions to modernize the Brown Act in an effort to foster safe and welcoming public meetings for all members of the community.
At the federal level, 2022 advocacy efforts will be focused on: 1) continued support for federal recovery and relief funding like that provided under the American Rescue Plan Act (ARPA) including spending flexibilities to support recovery at the local level and leverage additional funding to maximize local investments; 2) working closely with our state and regional partners to identify and apply for Infrastructure Investment and Jobs Act of 2021 funding for County projects as these funds are made available; and 3) support for federal efforts designed to address the ongoing impacts of climate change and extreme weather events, as well as additional investments and reforms to various disaster preparedness, mitigation, and response programs.
The proposed 2022 County Legislative Program includes minor revisions to the standing policies of last year’s Program. These minor revisions are red-lined in the chapters on Child Support, Environment, Health and Housing.
News Laws for California in 2022:
Hundreds of new laws went into effect on January 1, 2022. A brief round-up of new, notable laws is outlined below:
Elections
• AB 37 (Berman, Chapter 312, Statutes of 2021) requires County elections officials to mail a ballot to every registered voter for every election taking place in 2022 and beyond.
Health
• AB 367 (Garcia, Chapter 664, Statutes of 2021) requires an adequate supply of free menstrual products in public school restrooms for grades 6 through 12.
• SB 14 (Portantino, Chapter 672, Statutes of 2021) allows behavioral health to serve as an illness for purposes of an excused absence for grades Kindergarten through 12.
• SB 224 (Portantino, Chapter 675, Statutes of 2021) requires mental health to be part of the health education curriculum in middle and high schools.
• SB 395 (Caballero, Chapter 489, Statutes of 2021) imposes an additional 12.5 percent excise tax on all electronic cigarette products sold in the state. Portions of the new funding will support local county First 5 Commissions and local health jurisdictions.
• SB 507 (Eggman, Chapter 426, Statutes of 2021) slightly broadens the eligibility for Assisted Outpatient Treatment (AOT) programs, commonly referred to as Laura’s Law programs.
• SB 510 (Pan, Chapter 729, Statutes of 2021) requires health plans and insurers to cover the costs associated with COVID-19 testing, immunization, and health care services related to testing during and following the federal public health emergency.
Housing
• AB 215 (Chiu, Chapter 342, Statutes of 2021) grants the Department of Housing and Community Development additional enforcement authority for local agency violations of specified housing laws and increases public review for housing elements.
• SB 9 (Atkins, Chapter 162, Statutes of 2021) requires ministerial approval of a duplex, a lot split or both in a single-family zone in a census-designated urbanized areas or urban clusters.
• SB 10 (Wiener, Chapter 163, Statutes of 2021) authorizes a city or county to zone any parcel for up to 10 housing units if the parcel is located in a transit-rich area.
Local Government
• AB 361 (Rivas, Chapter 165, Statutes of 2021) provides, until January 1, 2024, exemptions to teleconferenced public meeting requirements for local legislative bodies and certain state bodies during states of emergency that make it unsafe to meet in person.
Public Safety and Justice
• AB 26 (Holden, Chapter 403, Statutes of 2021) requires that officers immediately report potential excessive force and requires officers to intercede if another officer uses excessive force.
• AB 177 (Committee on Budget, Chapter 257, Statutes of 2021) eliminates 17 administrative criminal fees, makes past debt for these fees uncollectible, and allocates backfill funding to counties for the associated loss of revenue from these fee repeals.
• SB 2 (Bradford, Chapter 409, Statutes of 2021) authorizes the Commission on Peace Officers Standards and Training to decertify officers who engage in serious misconduct, including excessive force, sexual assault, demonstration of bias and dishonesty.
Sustainability
• SB 343 (Allen, Chapter 507, Statutes of 2021) prohibits the use of the chasing arrows symbol unless the material is actually recycled in most California communities and is routinely sold to manufacturers to make new products.
• SB 1383 (Lara, Chapter 395, Statutes of 2016) requires the California Air Resource Board to approve a comprehensive strategy to reduce Short-Lived Climate Pollutants. Counties are required to plan for organic waste recycling and food recovery to divert organic waste from landfills.
FISCAL IMPACT:
The terms of two of the three advocacy services Agreements are from January 1, 2022 to December 31, 2022 for amounts not to exceed $96,000. The term of one of the three Agreements is from January 1, 2022 to December 31, 2023 for amounts not to exceed $96,000 per year, for a total contract amount not to exceed $192,000. Appropriation for this Agreement will be included in the County Manger’s Office FY 2022-23 Recommended Budget in June.