The URL can be used to link to this page

Home My WebLink About06.b. Adopt new Board Policy No. BP 026 – Legislative AdvocacyCentral Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 21, 2016 Subject: CONSIDER ADOPTING NEW BOARD POLICY NO. BP 026 - LEGISLATIVE ADVOCACY Submitted By: Initiating Dept./Div.: Emily Barnett Administration Communication Services and Communication Services Intergovernmental Relations Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: L. Schectel — Environmental and Regulatory Compliance Division Manager R. Bailey — General Manager en Alm-' / Roger S. Bailey General Manager Counsel for the District ISSUE: There are no current guidelines for staff that address pending legislation. 6.b. BACKGROUND: Several Board Members have inquired about the District's process to determine positions on specific pieces of legislation. Staff has researched several water sector agency's policies and procedures to determine the best practices for developing a potential legislative advocacy policy. Adoption of a legislative advocacy policy would help guide the District's Communication Services Division, as well as all District employees, as to how and when the District should take a position on pending legislation. The Communication Services Division, Environmental and Regulatory Compliance Division, and District Counsel would work as the primary staff along with the General Manager on legislative review. Additional District leadership and staff would also be included in the implementation of such a policy as part of the legislative review process. ALTERNATIVES/CONSIDERATIONS: The Board could choose not to adopt a legislative advocacy policy. FINANCIAL IMPACTS: If a legislative advocacy policy is adopted, the District would need to expend $4,000-$10,000 annually on a legislative tracking tool, and significant staff time would be needed to: track legislation; review/participate in internal review meetings and development of language for amendments; participate in Member Organization's Legislative Outreach Conferences in both Washington DC and Sacramento; advocate in the District's service area to Federal and State representatives; coordinate advocacy efforts and positions with Contra Costa County Board of Supervisors/agencies/staff, and District service area cities' elected representatives and staff; advocate in either Washington DC or Sacramento to elected representatives or for legislative hearings; compile Board Legislative Updates and/or Page 1 of 2 POSITION PAPER Board Meeting Date: July 21, 2016 Subject: CONSIDER ADOPTING NEW BOARD POLICY NO. BP 026 - LEGISLATIVE ADVOCACY Position Papers on proposed positions on legislative; and draft District responses to legislation as they move through the legislative process, including committees. COMMITTEE RECOMMENDATION: The Administration Committee reviewed this policy on June 30, 2016 and again on July 14, 2016 and requested minor revisions, which have been incorporated. The Committee recommends adoption of the new policy. RECOMMENDED BOARD ACTION: Determine whether the Board wishes to adopt the attached new Board Policy No. BP 026 — Legislative Advocacy, or provide some other direction to staff. Attached Suoaortina Documents: 1. Draft Board Policy — Legislative Advocacy 2. Proposed Legislative Advocacy Flow Chart C:\Users\danderson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\IM9F5ZMU\Legislative Advocacy Position Paper FT.doc Page 2 of 2 Number: BP 026 Related Admin. Procedure AP XXX Authority: Board of Directors Effective: July 21, 2016 Revised: N/A Reviewed: Initiating Dept./Div.: Administration/Communications BOARD POLICY LEGISLATIVE ADVOCACY ATTACHMENT 1 Central Contra Costa Sanitary District www.centralsan.org PURPOSE To establish a process for the District to take a position on legislation when appropriate. POLICY It is the policy of the District to take positions on proposed legislation when appropriate, and that the District's position on legislation shall be developed in accordance with the process set forth below. PROCESS In furtherance of the above policy, the following process shall be followed in determining when and how the District will take a position on legislation: 1. The General Manager shall develop a process to review pending legislation and assess its applicability to the District. This process will rely on the District's numerous membership analyses including, but not limited to the: California Association of Sanitation Agencies, National Association of Clean Water Agencies, Association of California Water Agencies, WateReuse, California Special Districts Association, American Water Works Association, Water Environment Federation, East Bay Leadership Council, California Local Agency Formation Commissions, California State Association of Counties, League of California Cities, and State/local chambers ("Member Organizations"). The District may also use other resources, as appropriate, in making the assessment. 2. The assessment shall characterize legislation as: • Having direct impact on the District's mission • Being of general interest or indirect impact to the District's mission, or • Having no interest or applicability to the District's mission Number: BP 026 LEGISLATIVE ADVOCACY Page 2 of 3 Direct Impact on the District's Mission If legislation is deemed to have a direct impact on the District's mission and is considered policy: A. The General Manager shall present the legislation to the Board. The action may include a recommendation from the General Manager for the position to be taken by the District. This recommendation may or may not align with the position taken by Member Organization(s). B. The District's Board of Directors, in consideration of the General Manager's input, shall determine the position to be taken by the District. General Interest to the District If legislation is deemed to be of general interest and applicability to the District, and/or a position has been taken on the legislation by one of the Member Organizations and that Member Organization requests that the District take action advocating its position, the General Manager will take a position consistent with the best interest of the District. If the General Manager does so, a summary of the actions taken and any correspondence sent in support of positions taken by the Member Organization, shall be communicated to the Board of Directors as soon as practicable. Having No Interest or Applicability to the District If legislation is deemed to have no interest or applicability to the District, no action will be taken by the General Manager. When Time -Sensitive Action is Necessary If the General Manager determines that it is critical for the District to take a position on legislation and there is insufficient time to follow the process outlined above, the General Manager is authorized to take a position on behalf of the District that is in the best interests of the District, and notify the Board as soon as practicable following the decision. The General Manager will keep each Board member informed throughout the process. Number: BP 026 LEGISLATIVE ADVOCACY Page 3 of 3 3. If the District takes a position on legislation, it shall be one of the following positions: A. Support: B. Support if Amended: C. Watch D. Neutral: The legislation, if passed, will have a direct and positive effect on the District. The legislation, if amended to address specific shortcomings identified by the District, will have a direct and positive effect on the District. The legislation will be monitored as it progresses through the legislative process, but no action will be taken at this time. Action may be taken at a later date. The legislation neither has a positive effect nor detrimental effect on the District. The District shall identify its position as neutral, if asked. E. Oppose Unless Amended: The legislation, unless amended to address specific shortcomings identified by the District, will have a direct and detrimental effect on the District. F. Oppose: The legislation, if passed, will have a direct and detrimental effect on the District. 4. The General Manager will express a position other than neutral by one or more of the following ways: letter, email, in-person, telephone communications, and/or similar efforts in support of the District's taken position. 5. At the end of each legislative session, the General Manager will produce a summary report on kev legislation relevant to the District. [Original Retained by the Secretary of the District] ATTACHMENT 2 No Interest or Applicability No Action Will Be Taken to the District General Interest to the District General Manager Will All Actions Shared Take a Position with Board Direct Impact on the District REVIEW LEGISLATION END OF LEGISLATIVE SESSION General Manager to Present 1 Information to the Board (may include recommendation) Board Decides on District's Position Time -sensitive Action is Necessary General Manager to Take a Position on Behalf of the District Full Board Summary on Key Legislation All Actions Shared with Board DISTRICT POSITION CHOICES: `Support Support if Amended t. Watch t. Neutral 4.. Oppose Unless Amended Oppose