Office of Legislative Affairs - "The Friday Wrap-Up"

The Board of Supervisors met on December 17, 2024, at 9:30 am. Notable actions include the following:

Discussion Items

County Executive Office

29. Approve recommended positions on introduced or amended legislation and/or consider other legislative subject matters - All Districts APPROVED AS RECOMMENDED

30. Receive and file the 2024 Strategic Financial Plan and OC CARES Annual Report for FY 2023-24; and approve revised bylaws for Orange County Criminal Justice Coordinating Council to clarify Council's Chair and Vice Chair roles, review process for future bylaw revisions and other minor administrative changes to ensure consistency - All Districts APPROVED AS RECOMMENDED

31. Approve grant applications/awards submitted in 12/17/24 grant report and other actions as recommended - All Districts APPROVED AS RECOMMENDED

The next Board of Supervisors meeting is scheduled for January 14, 2025, at 9:30 am.

Election Certification and Legislation

On December 13, Secretary of State Shirley Weber certified California’s November 2024 election. Below are some comparisons between the 2024 General Election and the 2020 General Election. Although California has added many new registered voters through the automatic voter registration system, individuals that are automatically registered are statistically less likely to vote regularly.

*No Party Preference (NPP)

 Orange County Statistics for November 5, 2024

• Eligible Voters: 2,203,227
• Registered Voters: 1.862 million (84.5% of eligible)
• Voted 1,417,397 (76.12% of registered)
• Registered Democrats: 685,687 (36.8%)
• Registered Republicans: 632,984 (34%)
• Registered NPP: 428,058 (23%)
• Voted by Mail:1,094,174 (77.2%)
• Voted in Person: 323,223 (22.8%)

Statewide Ballot Measures. Examining the breakdown of final votes, Orange County aligned fairly closely with the rest of the state.

Proposition 2. $10 billion bond for school construction. Funds will support new construction, land purchases, and upgrades to school facilities.

State:    58.7% Yes       41.3% No

OC:       53.4% Yes       46.6% No 

Proposition 3. Repeals the prohibition on same-sex marriage, removing language added by Prop. 8 in 2008 from the California Constitution.

State:    62.6% Yes       37.4% No

OC:       57.5% Yes       42.5% No

Proposition 4. $10 billion bond for climate projects, including safe drinking water, land conservation, wildfire prevention, and weather impact reduction.

State:    59.8% Yes       40.2% No

OC:       52.9% Yes       47.1% No

Proposition 5. Lowers the vote threshold for local housing and infrastructure bonds to 55%. Currently requires two-thirds approval.

State:    45% Yes          55% No

OC:       38.5% Yes       61.5% No

Proposition 6. Eliminates involuntary servitude as punishment for crime in California, prohibiting required labor in prisons.

State:    46.7% Yes       53.3% No

OC:       42.3% Yes       57.7% No

Proposition 32. Raises minimum wage to $18 by 2026 with future adjustments for inflation. Existing fast food and healthcare wage laws remain unaffected.

State:    49.3% Yes       50.7% No

OC:       38.5% Yes       61.5% No

Proposition 33. Allows local governments to impose rent control, repealing the 1995 Costa-Hawkins Act, which restricts rent control on certain properties.

State:   40% Yes          60% No

OC:      36% Yes          64% No

Proposition 34. Requires certain healthcare providers to spend 98% of revenues on direct patient care. Mainly impacts AIDS Healthcare Foundation due to specific criteria.

State:    51.4% Yes       48.6% No

OC:       55.3% Yes       44.7% No

Proposition 35. Makes permanent a healthcare tax that funds Medi-Cal, ensuring continued Medicaid support through Managed Care Organizations.

State:    67.9% Yes       32.1% No

OC:       64.9% Yes       35.1% No

Proposition 36. Repeals parts of a previous measure that lowered penalties for drug and theft crimes, reclassifying some misdemeanors as felonies.

State:    68.4% Yes       31.6% No

OC:       74.5% Yes       25.5% No

California’s voting process has faced some scrutiny during this year’s election due to its long timeline, with the legislature swearing in new members prior to counties finishing their counts. There are a few elements that contribute to the longer process:

• California is one of 8 states, plus Washington D.C., that sends vote-by-mail (VBM) ballots to all registered voters.
  
  • VBM ballots take longer to count, because election officials must check for duplicate ballots and verify signatures.
  • Californians have time to cure problem ballots - such as forgetting a signature or signing in the wrong place and that requires reaching out to the voter.
  • California accepts ballots postmarked one-week after the election.
• Election officials have 30 days after the election date to complete the vote count, auditing, and certification.
• California must count more ballots than other states - about 16 million compared to 11 million in Texas and 8 million in New York.

Despite having only introduced around 150 bills, several election-related bills have emerged that are anticipated to increase in number once the bill introduction deadline rolls around in February.

AB 5 (Berman) Tallying and release of election results, contains intent language to enact legislation that assists counties in the prompt tallying and release of election results.

AB 16 (Alanis) Vote by mail ballots: processing, would require elections officials to begin processing VBM ballots on the date on which ballots are mailed to voters instead of allowing them to begin processing 29 days before an election.

AB 17 (Alanis) Elections: precinct maps, would require the registrar of voters in each county to make available, upon request by any member of the public, a map in digital or hard copy form showing the effective boundaries of each precinct within the county.

AB 25 (DeMaio) California Voter ID and Election Integrity Act of 2025, contains intent language to enact legislation to require a government-issued ID to vote, verify the citizenship of voters, maintain accurate voter lists, incentivize timely counting of ballots, and enhance the signature review process.

SB 3 (Cervantes) Election results, contains intent language to enact legislation to revise the process of reporting election results by county elections officials, and to make modifications to the canvass of the vote.

CalAIM BH-CONNECT Waiver Approved

Governor Gavin Newsom and the Department of Health Care Services (DHCS) are celebrating the federal approval of the Behavioral Health Community-Based Organized Networks of Equitable Care and Treatment (BH-CONNECT) demonstration that is part of the CalAIM initiative. The week after the election, the governor lobbied federal lawmakers requesting that the waiver be approved prior to 2025.

BH-CONNECT will serve individuals with significant mental health and substance use disorders, particularly justice-involved individuals and youth in or at risk of child welfare involvement. The goal of BH-CONNECT is to enhance community-based behavioral health care services to support individuals facing significant behavioral health challenges across the full continuum of care. The Centers for Medicare and Medicaid Services (CMS) has determined that California’s BH-CONNECT demonstration is likely to assist in promoting the objectives of the Medicaid statute by increasing access to high-quality medical assistance and improving health outcomes for Medi-Cal beneficiaries living with significant behavioral health needs. It includes the elements outlined below.

Access, Reform, and Outcomes Incentive Program. CMS is granting the state’s request for expenditure authority of up to $1.9 billion over 5 years to implement the Access, Reform, and Outcome Incentive Program for participating counties (up to 80% of California counties). Participating Behavioral Health Plans (BHPs) will be incentivized to improve access to behavioral health services, health outcomes, and quality of life, and targeted behavioral health delivery systems reforms are aimed at strengthening and improving quality and behavioral health outcomes among Medi-Cal beneficiaries.

Workforce Initiatives. CMS is authorizing up to $1.9 billion over 5 years to support 5 workforce initiatives, including a new behavioral health scholarship, loan repayment, community-based provider training, residency training, and recruitment and retention programs, that will target workforce shortages in behavioral health care, support the delivery of services, and increase access to culturally appropriate services.

Activity Funds Initiative. This demonstration will authorize expenditure authority under Medi-Cal and the Children’s Health Insurance Program over 5 years for coverage of activity funds for children receiving specialty mental health services to support activities, such as physical wellness activities that promote a healthy lifestyle. This funding is designed to help participants find a form or expression beyond words or traditional therapies in an effort to reduce anxiety, aggression, and other clinical issues.

Serious Mental Illness (SMI) Program. This demonstration will authorize federal financial participation (FFP) for Medi-Cal beneficiaries who are primarily receiving treatment for a serious mental illness (SMI) who are short-term residents in facilities that meet the definition of an institution for mental diseases (IMD). These services will be provided as part of a comprehensive continuum of care to treat SMI including outpatient, community-based services.

Community Transition In-Reach Services. CMS is authorizing expenditure authority for transitional care management services to support individuals with significant behavioral health needs who are returning to the community after long-term stays in inpatient, subacute, and residential facilities, including IMD settings. Individuals who are experiencing or at risk of experiencing lengths of stay of 120 days or more are eligible to receive Community Transition In-Reach Services, up to 180 days prior to discharge. The services will be provided by community-based multidisciplinary teams through BHPs, not the inpatient, subacute, or residential settings themselves, to improve the connections to community-based providers.

Short-Term Rental Assistance. CMS is authorizing the state to provide short-term rental assistance, defined as a room and board only support and includes room alone or room and board together, without clinical services included in the rental assistance payment. Short-term rental assistance will be provided through the individual’s managed care delivery system and will initially be optional for managed care plans to provide. The service will become mandatory for Medi-Cal managed care plans to provide for certain beneficiaries beginning no sooner than January 1, 2026, and mandatory for all populations no sooner than January 1, 2027.

These federal flexibilities will provide Orange County residents with additional services to maintain and improve positive health outcomes.

LAO Publishes Report on Recent Trends in Young Adult Mortality

The Legislative Analyst’s Office (LAO) published a report, “Recent Trends in Young Adult Mortality” which details a disturbing trend of higher mortality rates in the 15-44 age group, which is still more elevated than it was before the COVID‑19 pandemic. The report provides a broad overview of the trend, discusses various causes that contribute to it, and raises some key issues for policymakers to consider.

California’s Age 15- 44 Death Rate Still Much Higher Than Before Pandemic. Over the first couple years of the COVID‑19 pandemic, the state’s overall death rates (encompassing all causes of death) for adults of all age groups grew substantially. By 2023, death rates for most age groups had dropped back to pre‑pandemic levels. However, the 15‑44 age group (to whom we refer as “young adults” in this report) is an exception. Although the death rate for these Californians is down from its 2021 peak, it remains much higher than its pre‑pandemic level. In 2023, California’s young adults died at a rate of 128 per 100,000 people, compared to just 99 per 100,000 in 2019, a nearly 30% increase.

Within this overall trend, even higher mortality rates were found among young men, particularly those of African American and Native American descent. From 2019-2023 the annual death rate for young men grew by 44 deaths per 100,000 compared with 12 deaths per 100,000 for young women. Death rates for Black and Native American young men have both grown by more than 100 deaths per 100,000 during that same period.

Statewide, the young adult death rates are still slightly lower in California than they are in the rest of the nation, about 159 deaths per 100,000. On a regional basis, northern California counties have seen the highest young adult death rates. Del Norte, Siskiyou, and Trinity have a combined young adult death rate of 281 deaths per 100,000 in 2022-23; compared with 107 deaths per 100,000 among young adults in Orange County during the same time. High young adult death rates are also correlated with lower income zip codes.

Overdoses and Lifestyle Choices Drive Increase in Death Rates. According to the LAO report, fentanyl, increased alcohol consumption and risky driving behaviors have all contributed to the increase in death rates. Since 2020, overdose deaths have been driven by both synthetic opioids (fentanyl and others) and psychostimulants (such as methamphetamines). Similarly, growth in alcohol‑induced young adult deaths accelerated substantially in early 2020, and this death rate remains much higher than before the pandemic. Some indicators suggest that this growth likely has consisted largely of relapses or other disruptions that affected a particularly vulnerable population with long‑standing alcohol use disorders. First, deaths from alcoholic liver disease grew quickly in 2020, but this disease generally develops only after several years or more of heavy drinking. Second, total statewide alcohol consumption changed only modestly in 2020.

Finally, the LAO report points to extreme speeding and other types of risky driving as a major contributing factor to the overall increase in death rates. Age 15-44 motor vehicle deaths grew substantially in 2020 and remain elevated despite a persistent decline in the total amount of driving on California roads. California Highway Patrol citations for driving over 100 miles per hour nearly doubled between 2019 and 2020. In 2023, the number of such citations was still nearly 30% higher than in 2019, indicating a persistent increase in extreme speeding. Perhaps more people are speeding because they are not constrained by traffic. Consistent with this explanation, traffic congestion dropped sharply in early 2020 and remains well below pre‑pandemic levels. When we examine the “primary collision factors” reported by law enforcement, however, the growth in young adult fatalities appears to be spread across many different types of traffic violations. Some of these violations have a plausible connection to speeding, but others do not suggest a broader change in risky driving behaviors. Despite this apparent growth in dangerous driving, the largest state and local law enforcement agencies are stopping fewer drivers for moving violations than they were before the pandemic.

Issues for Legislative Considerations. The LAO report highlights drug overdoses, alcohol‑induced deaths, and motor vehicle crashes as major drivers of the increased rates of young adult deaths in California. These trends present major challenges for the Legislature to tackle through policies and programs related to drugs, alcohol, and traffic safety. In the 2025‑26 session, the LAO recommends that the legislature explore options in these areas both through the budget and policy processes.

The LAO report calls on researchers to explore potential connections among these behaviors, as well as the extent to which they could be due to the COVID‑19 virus itself, policy responses to the pandemic, or other social changes that have occurred in 2020 and beyond.

Governor’s Press Releases

Below is a list of the governor’s press releases beginning December 11.

December 18: Governor Newsom takes proactive action to strengthen robust state response to Bird Flu

December 18: “Clean cars are here to stay”: Biden-Harris Administration reaffirms California’s leadership in cutting pollution and cleaning the air

December 17: Governor Newsom announces appointments 12.17.24

• Stephanie Dougherty, of Sacramento, has been appointed Director at the Office of Traffic Safety
• Kelsey Carter, of Sacramento, has been appointed Chief of Administration in the Office of Legislative Affairs at the Department of Corrections and Rehabilitation
• Genevie Candelaria, of Long Beach, has been appointed Superintendent of Correctional Education at the Department of Corrections and Rehabilitation
• Allison S. Joe, of Sacramento, has been appointed Deputy Secretary of Equity and Workforce at the California State Transportation Agency
• Debra Gore, of Oakland, has been appointed to the Board of Trustees of the State Bar of California
• Ruben Mancillas, of Long Beach, has been appointed to the Commission on Teacher Credentialing
• Danette Brown, of Walnut, has been reappointed to the California Commission on Teacher Credentialing, where she has been serving since 2022
• Michael de la Torre, of Long Beach, has been reappointed to the Commission on Teacher Credentialing
• Jose Manuel Cardenas, of Modesto, has been reappointed to the Commission on Teacher Credentialing
• Love Adu, of Cypress, has been appointed to the California Community College Board of Governors
• Ricardo De La Fuente, of San Diego, has been reappointed to the California Community College Board of Governors
• Adrienne Brown, of Long Beach, has been reappointed to the California Community Colleges Board of Governors

December 17: California to screen 1.2 million kids for reading challenges earlier than ever before

December 17: California joins federal and community partners to launch pilot project to help clean up Tijuana River

December 16: State secures federal approval and unprecedented support to help Californians with behavioral health challenges

December 16: Governor Newsom releases new framework to create high-paying career pathways with and without four-year degrees

December 16: ICYMI: California to host X Games for the next three years

December 16: Governor Newsom announces executive appointment

December 16: TODAY: Governor Newsom to make announcement about new job training and career pathways efforts, opportunities for veterans

December 15: MONDAY: Governor Newsom to make announcement about new job training and career pathways efforts, opportunities for veterans

December 14: The California Weekly

December 13: Governor Newsom Announces Appointments 12.13.24

• Corrin Buchanan, of El Cerrito, has been appointed Undersecretary at the Health and Human Services Agency
• Pete Cervinka, of Sacramento, has been appointed Director at the Department of Developmental Services
• JaRita B. Pichon, of Rocklin, has been appointed Chief Equity Officer, Service Access and Equity at the Department of Developmental Services
• Gena Jones, of Rancho Cordova, has been appointed Director of the Division of Adult Institutions at the California Department of Corrections and Rehabilitation
• Bryan D. Phillips, of San Luis Obispo, has been appointed Associate Director, High Security Males at the California Department of Corrections and Rehabilitation
• James Harden, of Camino, has been appointed Chief of the Office of Correctional Safety at the California Department of Corrections and Rehabilitation
• Chance Andes, of Elk Grove, has been appointed Warden of San Quentin Rehabilitation Center
• Travis Pennington, of Calimesa, has been appointed Warden of California Institution for Men

December 13: Governor Newsom signs tribal-state gaming compact

December 13: California on track to surpass 3,000 miles of broadband construction by end of year with new infrastructure agreements signed

December 13: Governor Newsom announces judicial appointments 12.13.24

• María G. Díaz, of Los Angeles County, has been appointed to serve as a Judge in the Fresno County Superior Court
• Keenan Perkins, of Kern County, has been appointed to serve as a Judge in the Kern County Superior Court
• Jeffery McFarland, of Los Angeles County, has been appointed to serve as a Judge in the Los Angeles County Superior Court
• Safaan K. Ahmed, of Los Angeles County, has been appointed to serve as a Judge in the Los Angeles County Superior Court
• Michael Cavalluzzi, of Los Angeles County, has been appointed to serve as a Judge in the Los Angeles County Superior Court
• Amber Poston, of Orange County, has been appointed to serve as a Judge in the Superior Court of Orange County
• Mehtab Sandhu, of Orange County, has been appointed to serve as a Judge in the Orange County Superior Court
• Christopher Hayes, of Los Angeles County, has been appointed to serve as a Judge in the San Bernardino County Superior Court
• Lizbet Muñoz, of San Diego County, has been appointed to serve as a Judge in the San Diego County Superior Court
• Roy Lai, of San Diego County, has been appointed to serve as Judge in the San Diego County Superior Court
• Johnene Stebbins, of Santa Clara County, has been appointed to serve in an interim appointment as a Judge in the Santa Clara County Superior Court

December 13: California advances GenAI projects to streamline state work on housing, budget, and jobs

December 13: More jobs, more manufacturing coming to California

December 12: Governor Newsom announces appointments 12.12.24

• Emel Wadhwani, of Sacramento, has been appointed Chief Counsel at the California Department of Resources, Recycling, and Recovery
• David Sadwick, of Los Angeles, has been appointed Chief Counsel at the California Department of Toxic Substances Control
• Tonya Fairley, of Pasadena, has been reappointed to the Board of Barbering and Cosmetology where she has served since 2021
• Yolanda Jimenez, of Sacramento, has been reappointed to the California Board of Barbering and Cosmetology, where she has served since 2022
• Joe Yum, of Contra Costa County, has been appointed to the Private Investigator Disciplinary Review Committee

December 12: California invested $13 billion this year to build safer, more climate-resilient roads and highways, faster

December 12: Governor Newsom, First Partner Siebel Newsom, and the California Museum announce the 18th Class of the California Hall of Fame

December 11: Governor Newsom, First Partner join Central Valley child for 93rd annual Capitol Tree lighting ceremony

LEGISLATIVE BRANCH ACTIVITY

Path Forward on Government Funding is Uncertain

After Congressional leaders released a compromise agreement earlier this week to temporarily extend current government funding levels beyond the December 20 deadline House Speaker Mike Johnson is now considering alternatives. Late Wednesday night President-elect Trump came out in opposition to the agreement and called on lawmakers to also pass an increase to the nation’s debt ceiling.

If Congress is unable to reach an agreement on government funding before the end of the day on December 20 the federal government will experience a lapse in appropriations. This phenomenon, commonly known as a government shutdown, can have wide-ranging impacts due to the interruption of key federal services. Because agencies and federal officials can exercise some discretion in how they interpret laws governing their actions during a shutdown it is often hard to predict how a new shutdown will transpire.

OVERVIEW OF SHUTDOWN IMPACTS

Federal Grants Administration

The federal government administers over 1,700 congressionally authorized federal grant programs. On average, the federal government provides nearly $600 billion annually in outlays to state and local governments through these federal grants. A federal government shutdown may cause disruption to or may result in the cessation of grant administration activities depending on the duration of the shutdown and decisions made by administration officials.

According to guidance from the Office of Management and Budget (OMB), federal agencies experiencing a lapse in appropriations would halt most grant management activities, including payment processing, oversight, inspection, accounting, and administration, except in very limited circumstances.

Local governments’ ability to continue operating federally funded programs during a shutdown depends on several factors: the amount of advance payments retained, the number of reimbursement payments received before the shutdown, and the availability of other funding sources to bridge the gap. Smaller grant recipients may face more significant challenges due to limited resources to cover delayed federal payments. These grantees often front expenses for the initial months of a project and then seek federal reimbursement for subsequent months. Delays in these payments can result in a lack of funds to cover salaries and other project costs, forcing some grantees to halt all grant-funded activities until federal payments resume. This resumption could take several weeks after the government reopens due to a backlog of reimbursement requests.

Furlough of Federal Employees

Federal law enacted following the 2018-19 shutdown placed federal workers into two categories: excepted and non-excepted. Excepted employees are those who are excepted from furlough during a government shutdown because their work is required by law such as law enforcement and public health and safety workers.

High-ranking federal officials confirmed by the Senate are always exempt from furloughs. Constitutional officers, such as the president, members of Congress, and judges, must be paid under the Constitution.

Overall, approximately 40% of federal employees would be furloughed under a government shutdown and prohibited from working due to a law that prevents agencies from accepting volunteer labor. Essential employees will continue to work without pay.

Before the 35-day shutdown that began in December 2018, Congress passed a law ensuring that federal workers, both furloughed and essential, would be paid retroactively once the shutdown ends. However, paychecks would be suspended during the shutdown, often leading to higher absenteeism rates.

Military and Veterans

The United States’s nearly 2 million military personnel would remain at their posts, but roughly half of the Department of Defense’s 800,000 civilian employees would be furloughed. Defense contracts awarded before the shutdown continue and the Pentagon can place new orders for supplies or services needed to protect national security. However, other new contracts and renewals or extensions are not awarded during a shutdown.

Veteran benefits such as health care and pensions continue during a shutdown. Nearly all the VA’s employees would continue working and burials and maintenance at national cemeteries would continue.

Law Enforcement and Courts

Federal law enforcement agencies all remain on the job and operational. Similarly, federal prosecutions continue, however most civil litigation is postponed. Federal courts have enough funds to remain open for approximately two weeks. In the event of a prolonged shutdown federal court activities would be curtailed.

Nutrition Assistance

The Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California, would continue to provide assistance for at least a month in the event of a shutdown. A protracted shutdown could cause difficulties with disbursements once contingency funds are exhausted.

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is only able to sustain itself for a few days in the event of a lapse in appropriations.

Social Security and Health

Social Security recipients continue to receive payments, and the Agency will continue to issue Social Security cards because the Agency is funded through a payroll tax and not through annual appropriations.

Medicare and Medicaid benefits continue uninterrupted in a shutdown.

The Centers for Disease Control and Prevention (CDC) continue their operations monitoring disease outbreaks but nearly half the Agency’s staff are furloughed leading to a decrease in services.

The National Institutes of Health furlough most of their staff, delaying new and ongoing trials.

Transportation and Travel

Most federal workers necessary for travel safety continue to work without pay during a shutdown. This includes Transportation Security Administration (TSA) and Federal Aviation Administration (FAA) employees.

According to the U.S. Department of Transportation’s shutdown contingency plan major activities of the FAA that will fully cease during a government shutdown include aviation rulemaking, facility security inspections, development and evaluation of NextGen technologies (DOT's plan to modernize the National Airspace System), air traffic performance analysis, and dispute resolution.

Agencies overseeing programs funded by the Infrastructure Investment and Jobs Act and the Highway Trust Fund will continue. This includes activities administered by the FHWA, FMCSA, NHTSA, and the Federal Transit Administration (FTA).

Federal Railroad Administration (FRA) services related to rail safety will continue. However, FRA activities for research and development and media inquiries would cease during a shutdown.

Because many Departments of Transportation services are funded by trust funds or advanced appropriations, many services will continue during a shutdown. The complete contingency plan can be viewed online.

Disaster Response

The Federal Emergency Management Agency (FEMA) will continue administering grant programs that were funded prior to the lapse in appropriations, however the agency is at risk of running out of additional funds to respond to ongoing and new disasters.

Education

Access to the Head Start preschool program would be stopped during a shutdown.

Student loan collection continues in a shutdown. Pell grants continue to be administered.

According to the Department of Education, a prolonged shutdown could severely curtail aid to schools, universities, and other educational institutions. Grant payments to educational institutions could be delayed as well.

Housing

The Department of Housing and Urban Development (HUD) says that they will be able to use remaining funds to continue payments for monthly subsidy programs such as public housing operations and Housing Choice Vouchers. In the event of a prolonged shutdown these programs could be at risk. HUD will continue to provide obligated CDBG, HOME Investment Partnership Program, Homeless Assistance Grants, and other grant funds to awardees. HUD can continue operations due to existing appropriated funding, but in the event of a prolonged shutdown these funds will run out and operations will cease.

Mortgage programs administered by the Federal Housing Administration and Ginnie Mae will continue without interruption. According to the contingency plan, nearly all fair housing work would come to a halt.

Public Lands, Parks, and Cultural Institutions

Federal employees at National Parks and museums are furloughed in the event of a shutdown. The opening status of National Parks is contingent on the administration’s decisions. In the 2018-19 shutdown public access to National Parks remained open while services at the parks were closed. In the 2013 government shutdown, National Parks were fully closed to the public. It is likely that the Biden Administration will follow the precedent set in 2013 and close National Parks, Smithsonian museums, and other national public lands, parks, and cultural institutions that do not have independent funding.

Energy

The Department of the Interior may issue permits for offshore oil and gas drilling, but these permits will depend on factors such as safety and the government’s property interest in the wells. Meanwhile, the Environmental Protection Agency (EPA) will continue certain programs and activities funded by the Inflation Reduction Act, including cleanup efforts at Superfund sites, by utilizing alternative funding sources.

The Energy Information Administration (EIA) will maintain its schedule for collecting and publishing data on U.S. oil inventories and fuel demand, at least initially. The National Nuclear Security Administration (NNSA) will focus on maintaining and safeguarding nuclear weapons and deployed naval reactors.

However, the Nuclear Regulatory Commission (NRC) will halt its licensing, certification, permitting, and inspection activities, as well as emergency preparedness exercises.

Labor

The Bureau of Labor Statistics is among the Department of Labor agencies that would completely shut down. If the shutdown extends through Inauguration Day, it could delay monthly reports such as employment and job openings surveys, inflation indexes, and import reports. Policymakers and investors who rely on this data would need to turn to third parties for information on the economy’s health.

However, health and safety-related functions, such as workplace inspections by the Occupational Safety and Health Administration, would continue. Many benefits programs, including black lung benefits and coronavirus relief, would also remain uninterrupted due to their permanent appropriations.

Federal Courts

Most judicial functions can continue during a short shutdown by utilizing funds from filing fees and other available sources.

Other Government Services

In the event of a shutdown the U.S. Postal Service continues operations since it does not depend on Congress for funding. The Internal Revenue Service (IRS) has not released an updated shutdown contingency plan. It is likely that many employees would be furloughed and unable to answer taxpayer questions or process taxpayer services in a timely manner.

ADDITIONAL RESOURCES

• Office of Management and Budget (OMB) Frequently Asked Questions During a Lapse in Appropriations (last updated September 27, 2023) Linked Here

• List of Federal Agency Contingency Plans Linked Here
  
  

Congress Approves Water Resources Development Act, Sends to President for Signature

The bipartisan Water Resources Development Act (S. 4367) is now on its way to President Joe Biden after the Senate approved it on Wednesday. The bill, which authorizes civil works and water resources projects for the U.S. Army Corps of Engineers across the U.S. is passed by Congress every two years. The 2024 version was overwhelmingly approved by the Senate with a 97-1 vote, following its passage in the House last week.

The legislation will allow the Army Corps of Engineers to begin 21 projects related to navigation, flood management, ecosystem restoration, and other water infrastructure, with an estimated cost of about $17 billion. Additionally, it will authorize over 200 feasibility studies for new projects and modifications to existing ones.

County Relevance

• The 2024 Water Resources Development Act includes several provisions with direct impact on the County of Orange.
• Santiago Creek Modification: Section 1311 requires redesigning the Santiago Creek component to minimize impacts on existing trees before construction can begin, addressing community concerns in Santa Ana.
• OC River Walk Study: This study aims to transform the Santa Ana River Corridor into a major recreational and economic hub, enhancing water resources and connectivity in Southern California.
• Reimbursement Authorization: This provision directs the U.S. Army Corps of Engineers to provide information on reimbursement requests by the Orange County Flood Control District for costs incurred in the Santa Ana River Mainstem Project.
• Appraisals and Settlements: The U.S. Army Corps of Engineers is directed to update on pending land appraisals and litigation settlements.
• Westminster-East Garden Grove Flood Risk Management Project: Added to the “ability to pay” list, this allows the U.S. Army Corps of Engineers to adjust cost-sharing based on the economic capabilities of local communities, ensuring fairer financial contributions for the project.

Senate Approves National Defense Authorization Act

The Senate has approved an $884 billion defense measure that includes a 14.5% pay raise for junior enlisted troops and a 4.5% increase for the rest of the military. The bill, H.R. 5009, passed the Senate 85-14 on December 18 following House passage by a vote of 281-140 on December 11. Many of the current policy prescriptions faced expiration on December 31, and the bill now heads to President Joe Biden for his signature.

The $883.7 billion spending authorization aligns with last year’s debt-limit deal, with $850 billion allocated to the Pentagon. The total discretionary spending is $895.2 billion. The annual NDAA is considered essential as it authorizes troop pay increases, military construction projects, and sets weapons policy and geostrategy.

The 14.5% pay raise for junior enlisted troops aims to improve their quality of life and reduce food insecurity. This raise is a compromise between the House’s proposed 19.5% increase and the Senate’s 5.5% boost. The White House requested a 4.5% raise and opposed a larger increase. Congress still needs to fund this raise, with the government currently operating under a stopgap measure.

The Pentagon will maintain its policy allowing troops to travel for abortions, but the defense bill restricts transgender medical treatment for minors. Tricare will not cover hormone therapy, puberty blockers, or other treatments for gender dysphoria that could result in sterilization for those under 18.

The bill authorizes the production of 68 F-35 fighter planes but delays some deliveries until development issues are addressed. It also funds a second Virginia-class submarine, crucial for the Australia-UK-US security partnership. Funding for the new Constellation-class frigate is blocked until design approvals are complete.

The bill prohibits the Pentagon from working with companies that sell computer chips and services to Huawei. It also aims to prevent Chinese espionage in the U.S. military and secure biotechnology supply chains critical to national security.

The measure includes the annual intelligence and State Department authorizations.

EXECUTIVE BRANCH ACTIVITY

EPA Grants Waiver for California’s Advanced Clean Cars II Regulations

The Environmental Protection Agency (EPA) is granting two requests from the California Air Resources Board (CARB) for waivers to implement and enforce its Advanced Clean Cars II (ACC II) regulations for light-duty vehicles, and its “Omnibus” low-NOx regulation for heavy-duty highway and off-road vehicles and engines. Under the Clean Air Act, California is afforded the ability to adopt emissions requirements independent from EPA’s regulations to meet its significant air quality challenges. The state must seek a waiver from EPA for new motor vehicle emission standards.

The ACC II program is a single coordinated package of requirements for model year 2026 through 2035 and beyond for on-road light- and medium-duty engines and vehicles. The ACC II regulations include revisions to both California’s Low Emission Vehicle and Zero Emission Vehicle regulations. After reviewing the information provided by California, the EPA determined in each case that it would be appropriate to grant both waiver requests. The records, included in the waiver decisions, contain public comments on the programs’ feasibility, including costs to manufacturers and the lead time provided. EPA’s review found that opponents of the waivers did not meet their burden to show how either program is inconsistent with the Clean Air Act.

LEGISLATION INTRODUCED BY ORANGE COUNTY DELEGATION

Senator Alex Padilla

• 5532, A Bill to establish a Wildfire Intelligence Center, and for other purposes

Representative Linda Sánchez

• R.10436, A Bill to award a Congressional Gold Medal to the members of Escuadrón 201

Representative Lou Correa

• R.10338, the Deceptive Downsizing Prohibition Act of 2024

Friday 12/20

California nets large population increase in 2024 — nearly returning to pre-pandemic level -- California’s population grew by almost a quarter of a million residents this year, nearly bouncing back to the record-high population levels the Golden State had reached before the pandemic, though the state is growing more slowly than the country as a whole and other large states in the South, the U.S. Census Bureau reported Thursday. Harriet Blair Rowan in the San Jose Mercury$ -- 12/20/24

‘I have no safety net’: Mental health patients anxious as Kaiser SoCal strike hits week 10 -- Top California Democrats are pressuring Kaiser to make a deal with the union representing Southern California therapists, while patients say they’re just holding on. Joe Garcia CalMatters -- 12/20/24

Thursday 12/19

California’s fourth-largest home insurer to drop all condo, rental policies -- On the eve of a slate of reforms meant to incentivize insurance companies to write more policies in California, Liberty Mutual has told state regulators it will stop offering new condo and renter policies in 2025. Megan Fan Munce in the San Francisco Chronicle$ -- 12/19/24

California declares first statewide emergency over bird flu -- California on Wednesday declared a statewide emergency over bird flu, with Gov. Gavin Newsom warning that “conditions of extreme peril to the safety of persons and property” meant greater efforts were needed to defeat the spread. Emma Anderson Politico Susanne Rust in the Los Angeles Times$ Catherine Ho in the San Francisco Chronicle$ Lia Russell in the Sacramento Bee$ Kirk Maltais in the Wall Street Journal$ Lena H. Sun in the Washington Post$ Apoorva Mandavilli in the New York Times$ -- 12/19/24

Wednesday 12/18

L.A. County gives probation chief emergency powers in effort to avoid Los Padrinos closure -- Some members of the L.A. County Board of Supervisors oppose closing Los Padrinos juvenile hall in Downey despite state oversight officials ordering it shut down due to lack of staffing an unsafe conditions for hundreds of youths housed there. Rebecca Ellis in the Los Angeles Times$ -- 12/18/24

Biden administration approves California electric car mandate -- The US EPA granted California’s waiver, which the incoming Trump administration is likely to try to overturn in the courts. The state’s zero-emission vehicle mandates have been the driving force behind California’s progress in cleaning up dangerous air pollutants. Alejandro Lazo CalMatters Alex Nieves and Debra Kahn Politico Maxine Joselow in the Washington Post$ Kurtis Alexander in the San Francisco Chronicle$ -- 12/18/24

Tuesday 12/17

Here’s how California plans to get millions of adults without college degrees into better jobs -- Gov. Gavin Newsom’s “Master Plan for Career Education” seeks to help the more than 7 million adults in California who lack college degrees by giving them college credit for their work experience and by changing the requirements on some state jobs. Adam Echelman CalMatters Teresa Watanabe in the Los Angeles Times$ -- 12/17/24

Disney agrees to $233 million wage theft settlement for Anaheim’s theme park employees -- Walt Disney Co. has agreed to settle a wage theft lawsuit for $233 million, ending a five-year dispute over pay for tens of thousands of Anaheim theme park employees. Pat Maio in the Orange County Register -- 12/17/24

Monday 12/16

Mark Murphy, veteran Orange County politician, dies at 67 -- Mark Murphy, three-time mayor of Orange, has died. Nicknamed “Mr. Orange,” Murphy was among the city’s fiercest boosters. Thomas Curwen in the Los Angeles Times$ -- 12/16/24

California’s plan to stabilize its home insurance market is now law. Will it work? -- California’s plan to stabilize its faltering home insurance market is now law, meaning homeowners in fire-prone areas and beyond may soon have an easier time finding coverage. But consumer advocates worry it will also mean steep rate hikes for many policyholders and remain skeptical that insurers will actually offer more policies. Ethan Varian in the San Jose Mercury$ -- 12/16/24

Weekend (12/14-12/15)

After pandemic explosion, California drug overdose deaths are falling fast -- Experts speculate the drop, which mirrors the nationwide trend, could be due to a combination of factors: expanded treatment and intervention efforts, recent crackdowns on the illicit opioid trade and less lethal pills on the street — or simply because the overdose epidemic has passed its inevitable peak. Ethan Varian in the San Jose Mercury$ -- 12/15/24

‘Kicking the can down the road’: School closures in California painful but inevitable -- While the politics might be fuzzy, the math is clear: In 2013, more than 6.2 million students attended state public schools. Ten years later, there were 5.8 million, and by 2033, 5.1 million. That’s a loss of 1 million children sitting in California classrooms in just two decades. Jill Tucker in the San Francisco Chronicle$ -- 12/14/24