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HomeMy WebLinkAboutAgenda 03-01-22; 6-a - Orange County's Proposed 2022 Legislative Agenda 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 1, 2022 Action Agenda Item No. 6-a SUBJECT: Orange County's Proposed 2022 Legislative Agenda DEPARTMENT: County Commissioners ATTACHMENT(S): INFORMATION CONTACT: Commissioner Renee Price, 245-2130 1) DRAFT 2022 Orange County Priority Commissioner Anna Richards, 245-2130 Legislative Issues John Roberts, County Attorney, 245- 2) DRAFT 2022 Orange County 2318 Legislative Interests Bonnie Hammersley, County Manager, 245-2300 PURPOSE: To: 1) review and discuss the Legislative Issues Work Group's (LIWG) proposed 2022 legislative package and any other potential items for inclusion in Orange County's legislative agenda package for the 2022 North Carolina General Assembly Session; 2) Consider approval of the 2022 Orange County Priority Legislative Issues document for submittal to Orange County's legislative delegation; and 3) Consider approval of the 2022 Orange County Legislative Interests document to also be shared with Orange County's legislative delegation. BACKGROUND: In preparation for each North Carolina General Assembly session, the Board of Commissioners has historically appointed two members to work with staff on a Legislative Issues Work Group (LIWG) to develop a proposed legislative package for the County. Based on the work of the LIWG, the BOCC has then reviewed and approved packages of legislative items to present to Orange County's legislative delegation. Commissioners Renee Price and Anna Richards are serving on the 2022 LIWG and have worked with staff on the proposed 2022 legislative package, which consists of the two attached documents, in preparation for the Board's March 21, 2022 Legislative Breakfast meeting with Orange County's legislative delegation. As the LIWG considered its approach for this year, the Group (similar to last year) decided to identify a set of Legislative Priorities and a broader set of Legislative Interests. The Group ultimately identified five (5) Legislative Priorities, acknowledging that the full Board of Commissioners may consider modifying the list, exchanging one item for another item, other potential revisions, etc. Attachment 1 is the draft list of five (5) recommended 2022 Orange County Priority Legislative Issues from the LIWG. While the LIWG wanted to focus on the five (5) Priorities in Attachment 1, it also decided that the County should express its positions on other topics. Attachment 2 is a draft broader listing 2 of 2022 Orange County Legislative Interests. It includes issues the Board has submitted in past years to the County's legislative delegation, with some updates as necessary. The Board will need to discuss and consider Attachments 1 and 2 as provided by the LIWG. The work of the Legislative Issues Work Group to this point is based on the current information available for the 2022 General Assembly Session. The issues addressed by the Group may evolve and change over the session and require additional attention by the Group and Board of Commissioners. New issues may also arise necessitating additional review. FINANCIAL IMPACT: There is no financial impact associated with reviewing and approving Orange County's Proposed 2022 Legislative Agenda. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with reviewing and approving Orange County's Proposed 2022 Legislative Agenda. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board: 1) review and discuss the Legislative Issues Work Group's (LIWG) proposed 2022 legislative package and any other potential items for inclusion in Orange County's legislative agenda package for the 2022 North Carolina General Assembly Session; 2) Consider approval of the 2022 Orange County Priority Legislative Issues document for submittal to Orange County's legislative delegation; and 3) Consider approval of the 2022 Orange County Legislative Interests document to also be shared with Orange County's legislative delegation. Pending action by the Board, staff will work with the Chair to draft a cover letter to be included with Attachments 1 and 2 to be provided to Orange County's legislative delegation in preparation for the March 21, 2022 Legislative Breakfast. Attachment 1 3 2022 ORANGE COUNTY PRIORITY LEGISLATIVE ISSUES Mental Health — Seek legislation to develop and fund a plan to: • provide assistance to NC residents, especially youth, who are dealing with the impacts of COVID; • reduce the number of people with mental health issues in county detention centers; • ensure that adequate State-funded mental health, developmental disability and substance use disorder services and facilities are available at the local level, accessible and affordable to all residents; • ensure that sufficient state resources fund service provision costs, inclusive of crisis intervention and treatment; and • structure appropriate county participation in governance. Medicaid Expansion — Support legislation increasing access to the Medicaid program to make health insurance available to North Carolina residents at 138% of the poverty level; broaden the opportunity for coverage for more than 500,000 North Carolinians to address chronic conditions and to prevent illness and disease progression; to provide additional support for rural hospitals; and to protect families from medical debt and bankruptcy. Racial Equity in Criminal Justice — Support the implementation of the recommendations of the North Carolina Task Force for Racial Equity in Criminal Justice (TREC), including: • legislation to legalize the possession and use of marijuana and permit licensed businesses to engage in retail sales to adults, as this decriminalization will in turn broaden the agricultural economy and jobs as well as enhance revenue for governments with taxes, licenses, and other associated revenues that can be utilized to address opioid and other drug-related problems and other needs; • policing reforms to address use of force, community oversight and law enforcement training on crisis intervention; • Funding at the county level to expand access to diversion and restorative justice programs; and • the reduction of fines, fees and costs in criminal court, noting that such fines, fees and costs disproportionately impact people of color and people of low income. Full Fundin_g of the Leandro Remedial Action Plan — Support equity and racial justice by fully funding the Leandro Remedial Action Plan, which details additional comprehensive, targeted education funding over the next eight years, predominantly to low-wealth and minority communities, in order for the State to come into compliance with its constitutional obligation to provide every student a sound basic education. Broadband/Di_gital Infrastructure — Support legislation, funding, and other efforts that provide counties with flexibility and opportunities to support options for increasing access to high-speed internet connectivity and expanding digital infrastructure/broadband capability to the un-served and under-served areas of the state. Access to high speed internet connections will reduce disparities, enhance quality of life for all the State's residents, and broaden opportunities in areas such as education, jobs creation, small business development, health care, civic participation, and growth in farm enterprises. Attachment 2 4 2022 Orange County Legislative Interests (Note: Italicized Items are Priority Legislative Issues) HEALTH & HUMAN SERVICES 1) Mental Health — Seek legislation to develop and fund a plan to: • provide assistance to NC residents, especially youth, who are dealing with the impacts of COVID; • reduce the number of people with mental health issues in county-detention centers; • ensure that adequate State-funded mental health, developmental disability and substance use disorder services and facilities are available at the local level, accessible and affordable to all residents; • ensure that state resources fund service provision costs, inclusive of crisis intervention and treatment; and • structure appropriate county participation in governance; 2) Behavioral Health Services — Support increased state funding for behavioral health services and facilities at the state and local level, including dedicated resources for community para-medicine projects and enhanced mobile crisis response. Support Medicaid reimbursement to EMS for behavioral health transport to crisis centers and structure appropriate county participation in behavioral health program governance; 3) Child Care - Seek legislation to reverse changes made to the childcare subsidy program available to working families, including establishing eligibility for all children at 200% of the federal poverty level and prorating fees to actual hours attended. This change will help working parents to become financially self- sufficient while assisting employers to maintain a stable workforce. Support legislation to increase and ensure stable funding for enhanced quality early care and education through Smart Start and NC Pre-K; 4) Opioid Epidemic Efforts — Support county efforts to address opioid epidemic impacts by providing funding for: diversionary facilities and programs to provide and expand access for individuals with opioid use disorder to seek and complete treatment and sustain recovery; to collect data regarding opioid overdoses; for additional law enforcement to investigate and enforce drug laws and to divert individuals into treatment resources through pre-arrest deflection or post-charge treatment courts; and funding for harm reduction efforts at the county level is critical and should include access to naloxone kits and fentanyl strips to assist overdose prevention; 5) Crime Intervention Services — Support legislation and state funding to provide early intervention services through the Juvenile Crime Prevention Councils, and support increased state funding for the prevention, intervention and treatment of adolescent substance use, gang involvement and domestic violence; 5 6) Adult Protective Services — Support increased funding and legislation to strengthen adult protective services; 7) Medicaid Expansion — Support legislation increasing access to the Medicaid program to make health insurance available to North Carolina residents at 138% of the poverty level; broaden the opportunity for coverage for more than 500,000 North Carolinians to address chronic conditions and to prevent illness and disease progression; to provide additional support for rural hospitals; and to protect families from medical debt and bankruptcy; JUSTICE & PUBLIC SAFETY 8) Racial Equity in Criminal Justice — Support the implementation of the recommendations of the North Carolina Task Force for Racial Equity in Criminal Justice (TREC), including: • legislation to legalize the possession and use of marijuana and permit licensed businesses to engage in retail sales to adults, as this decriminalization will in turn broaden the agricultural economy and jobs as well as enhance revenue for governments with taxes, licenses, and other associated revenues that can be utilized to address opioid and other drug- related problems and other needs; • policing reforms to address use of force, community oversight and law enforcement training on crisis intervention; • Funding at the county level to expand access to diversion and restorative justice programs; and • the reduction of fines, fees and costs in criminal court, noting that such fines, fees and costs disproportionately impact people of color and people of low income; 9) Abolish State Death Penalty — Support legislation to abolish the State of North Carolina's death penalty; 10)Legislative Study on Educational Requirements for Law Enforcement Officers (LEOs) — Support a legislative study commission to review the current educational curriculum for law enforcement officers and make recommendations regarding potential modifications/additions. The overarching purpose of curriculum revision would be to instill in future LEDs some depth of understanding of the complex nature of the society they will serve. In addition to members of the Senate and House, study members should include a diverse array of experts in law enforcement and criminal justice education; also in higher education, and specialists in the humanities/social science subject matter; 11)County Jail System/Housing State Inmates Reimbursement — Support legislation to protect the fiscal viability of the county jail system by reinstating 6 reimbursement for state inmates housed in county jails sentenced to 90 days or less; 12)Concealed Weapons in Parks —Seek legislation re-authorizing counties to fully regulate the carrying of concealed weapons on county-owned playgrounds and in county-owned parklands and authorize counties to prohibit the carrying of concealed weapons on county and county funded college/university campuses, in addition to playgrounds; 13)Court Funding — Support increased state funding for NC courts and for Clerks of Superior Court, including reinstating funding for drug treatment courts and funding for additional clerk positions; 14)Local Government Funding for Law Enforcement — Oppose any legislation that is designed to limit local government control of local law enforcement funding decisions or practices, or that financially or otherwise penalizes local governments based on local law enforcement funding decisions or practices; 15)Red Flag Law —Support legislation allowing courts to prevent access to firearms for individuals who show signs of being a danger to themselves or to others. Mental illness, escalating threats, substance abuse and domestic violence are among the circumstances in which a judge should have the authority to order weapon restrictions or surrender; EDUCATION 16)Full Funding of the Leandro Remedial Action Plan — Support equity and racial justice by fully funding the Leandro Remedial Action Plan, which details additional comprehensive, targeted education funding over the next eight years, predominantly to low-wealth and minority communities, in order for the State to come into compliance with its constitutional obligation to provide every student a sound basic education; 17)Priority School Issues — Support legislation to address the following issues related to schools: a) Provide local school systems with calendar flexibility; b) Provide full funding for State allotments including Average Daily Membership (ADM) growth and infrastructure/capital, and support legislation to provide for an overall increase in funding based on average daily memberships outside of the current formula system; c) a periodic accounting process for State per pupil funds so that funds and pro-rated funds follow students to their respective schools, as opposed to the current process that only considers State funding allocations based on students' attendance location on a single day during the school year; 7 d) Impose class size reductions commensurate with State funding for staffing; and e) Maintain full funding for Driver Education; 18)Maternity/Paternity Leave and Benefits for School Employees — Support legislation which provides State coverage for maternity/paternity leave for all local school system employees that is similar to the coverage the State already provides to all other State employees; support legislation for the State to provide two (2) paid FMLA days to local school system employees; and oppose any legislation shifting the State's existing responsibility for employee benefits to local school boards and local governments; 19)Private School Voucher Funding — Oppose House Bill 32 and any other legislation expanding funding, eligibility, or availability of private school vouchers, which reduces available funding for public education statewide, encourages students to leave public education, and diminishes services and educational opportunities for all remaining public school students; 20)Virtual Charter School Expansion/Funding — Oppose any legislation expanding or providing additional funding to the State's current virtual charter school program based on its poor performance, failure to meet the needs of students, and the resulting negative impact on funding for public education statewide; GENERAL GOVERNMENT 21)Broadband/Digital Infrastructure — Support legislation, funding, and other efforts that provide counties with flexibility and opportunities to support options for increasing access to high-speed internet connectivity and expanding digital infrastructure/broadband capability to the un-served and under-served areas of the state. Access to high speed internet connections will reduce disparities, enhance quality of life for all the State's residents, and broaden opportunities in areas such as education,jobs creation, small business development, health care, civic participation, and growth in farm enterprises; 22)Repeal of the Monument Protection Act — Support legislation that repeals the (so-called) Monument Protection Act which was enacted to protect confederate monuments and symbols, and restore the regulation of monuments or symbols on public property to local governments; 23)Non-Partisan Redistricting Process for Elections — Support legislation to establish a process for an independent, non-partisan redistricting process after each United States Census for the election of representatives from North Carolina to the United States House of Representatives, the North Carolina House, and the North Carolina Senate; 8 24)Voter Registration and Voting — Support legislation to maintain and expand access to and participation in the voting process, including early voting, Saturday and Sunday voting, automatic voter registration, and pre-registration of 16 and 17 year olds, and mail-in voting; support legislation to make Election Day a State holiday; and oppose any legislation which creates any barriers or deterrents to voting; 25)Expansion of Protected Classes — Seek statewide legislative action to provide all North Carolina local governments with the authority to include sexual orientation and gender identity as protected classes in order to protect these classes from discrimination and discriminatory practices; and authorize complaints for discrimination to be brought in North Carolina Courts by any Equal Employment Opportunity Commission recognized protected class; ECONOMIC DEVELOPMENT 26)Minimum Wage Increase — Support legislation to raise the minimum wage to at least $15 per hour for all, not just employees of the State of North Carolina, to enhance people's economic security, improve access to safe and secure housing, boost the economy with increased spending, decrease dependence on government assistance programs, and improve the lives of families; 27)Agricultural Economic Development — Support state funding and staffing for agricultural research, Cooperative Extension services and other agriculture- related efforts to support the largest economic driver in North Carolina; 28)Economic Development Efforts — Support legislation to grow North Carolina's statewide economy through sound state investments, including public infrastructure funding, competitive incentives, and coordinated efforts with county economic development services; REVENUE & TAX 29)Revenue Options for Local Government — Support efforts to preserve and expand the existing local revenue base of counties and authorize local option revenue sources already given to any other jurisdiction to all counties. Oppose efforts to divert to the state fees or taxes currently allocated to the counties or to erode existing county revenue streams; 30)Re-instatement of Earned Income Tax Credit — Support legislation to re-instate the State Earned Income Tax Credit which greatly benefitted low wage earners until its elimination after the 2013 tax year; 9 31)Homestead Exemption — Support revisions to the Homestead Exemption provisions of the Machinery Act to: a) provide greater opportunities for low-income seniors to remain in their homes and not be displaced due to property tax burdens by approving a one-time ten percent (10%) increase in the base income qualification standard; and maintaining the current provisions which increase the income qualification standard each year based on any cost-of-living adjustment made to the benefits under Titles II and XVI of the Social Security Act for the preceding calendar year; and b) diminish the discriminatory features of the current exemption provisions relating to married couples by establishing graduated income qualification standards for single individuals versus married couples; 32)Sales Tax Distribution Formula — Support legislation directing that all sales tax be distributed on a per capita basis as it is fair and more equitable for counties with less economic development as compared to the point of delivery basis. The UNC School of Government has indicated that a per capita basis tax "would indeed be a more even distribution of LOST revenue across the state"; 33)Machinery Act — Support local governments' need for more flexibility to remedy measurement and/or condition property appraisal errors related to local property tax functions. North Carolina property tax law substantially limits the ability of local governments to address property tax discrepancies, such as prohibiting the refund of prior years' taxes paid after a measurement and/or condition property appraisal error is discovered. Just as local governments can recoup prior years' property taxes from owners for "discoveries", local governments should likewise be authorized to refund prior years' taxes paid when situations such as measurement and/or condition property appraisal errors are discovered; 34)Agriculture — Support Conservation of Working Lands and Farmland Preservation — Support a revision to the revenue and acreage requirements of the Use Value Program to reduce acreage requirements, balanced by increasing the income threshold; PLANNING & ENVIRONMENT 35)Bona Fide Farm Use — Support legislation clarifying that the farm use and agriculture exemption of 153A-340 that restricts local zoning authority applies only to property on which the production of crops or livestock is the primary use. Clarify that marketing and agri-tourism activities must be secondary uses of the property and do not qualify for the exemption in the absence of the production of crops or livestock; 10 36)Renewable Energy — Support renewable energy initiatives available to residential, commercial, industrial and agricultural activities to create a market for energy credits. This support will provide incentives to produce renewable energy, which will become increasingly important to preserving and strengthening the economy and infrastructure, and in the case of agriculture help maintain rural heritage and culture; 37)Eminent Domain — Oppose adding language to a constitutional amendment on eminent domain that extends any further preemption of county authority to regulate the placement of telecommunication towers; 38)Land, Water and Agricultural Preservation Funding — Support the Parks and Recreation Trust Fund, the Agricultural Development and Farmland Preservation Trust Fund, the Land and Water Fund, and other existing trust funds established for the protection of the State's land, water, biological resources, agriculture, and special places before they are irreversibly lost, and request that these funds receive additional funding, preferably through dedicated funding sources; 39)Oppose any shift of state transportation responsibilities to counties — Oppose legislation to shift the state's responsibility for funding transportation construction and maintenance projects to counties. Counties cannot afford to assume costs for maintaining secondary roads and/or funding expansion projects; 40)Transportation Funding — Support increased state funding for transportation construction and maintenance needs, recognize Bike and Pedestrian modes of transportation, and support legislation to ensure that the STI funding formula recognizes that one size does not fit all and that projects in both rural and urban areas are prioritized and funded, and eliminate the cap on light rail funding; 41)Aguatic Vegetation Control — Support legislation to provide for and fund a comprehensive statewide approach to noxious aquatic vegetation control in public water reservoirs; SOLID WASTE 42)Maintain Local Government Authority over Solid Waste Management — Oppose any shift of solid waste management and recycling services away from local governments; 43)Recycling — Support legislation to provide additional funding to local governments for recycling to cover significant increased costs for recycling these materials, especially for electronics, and to oppose the lifting of restrictions on disposal of electronics in landfills; 11 OTHER INTERESTS 44)Flexible Billing Options for Water & Sewer Utility Providers — Support legislation allowing local governments and other water and sewer providers to implement flexible billing practices to establish pricing policies, potential waivers and debt forgiveness opportunities to assist impacted customers; 45)Evictions Information Detailed in Credit Reports — Support legislation that would remove an eviction from a tenant's credit report (1) that occurred as a result of the pandemic during the period covered by the Governor's State of Emergency Declaration; and (2) after having been on a tenant's credit report for three years; 46)Food Resiliency and Supply Chain Initiatives — Support food resiliency and supply chain initiatives and funding for equipment, supplies, and other nonrecurring expenses based on the urgency and need created by the COVID pandemic. The average food insecurity rate across North Carolina counties is 14 percent, with that rate projected to rise to 19.3 percent due to the COVID pandemic, and from 19.3 percent to 28 percent for children. A more secure and resilient supply chain will benefit residents and better prepare the State for emergencies that adversely impact the State's food supply; 47)E-911 Funds — Support maintaining and broadening applications of the NC 9-1-1 Fund to ensure that 9-1-1 systems are able to upgrade existing performance levels and pay for 9-1-1 operations and 9-1-1 related upgrades such as infrastructure and technology enhancements. Orange County has appreciated past efforts and supports future initiatives to assure the public receives full access to emergency services from all sources; and 48)Dangerous Dogs Determinations — Support legislation to amend the NC Dangerous Dog Law to allow dangerous-dog declarations to be revoked after a period of time, and when there is substantial justification for doing so, in order that a dog does not needlessly live its entire life with restrictions such as being muzzled. Orange County's ordinance includes this language, but that consideration is meaningless without a parallel provision within State law.