Staff Report - 2025 Legislative Platform

View the accompanying PowerPoint presentation

January 28, 2025

Marin County Board of Supervisors
3501 Civic Center Drive
San Rafael, CA  94903

SUBJECT:  County of Marin 2025 Legislative Platform and Legislative Program Annual Report

Dear Supervisors:

RECOMMENDATION:  

Receive the Legislative Program Annual Report and approve, with any Board modifications, the proposed 2025 Legislative Platform.

BACKGROUND: 

Each year, the Office of the County Executive leads the development of an annual Legislative Platform. The purpose of having an annual Platform adopted by the Board is to: (1) outline the Board’s federal, state and intergovernmental affairs policy priorities and (2) provide County Staff with the authority to send letters on behalf of the Board on time-sensitive matters that arise throughout the year – in alignment with the adopted Platform. The Legislative Platform is also used to guide staff recommendations on ballot measures and grant opportunities consistent with the plan.

Throughout the past year, the Legislative Platform was used to send support/oppose letters on pending legislation and grant support. All letters, reports, and information on the County’s Legislative Program are posted on the Office of the County Executive’s website.

2025 Legislative Platform

Development

The annual process of updating the County’s Legislative Platform begins in the fall, when the Office of the County Executive reviews the current year document and makes updates to reflect new, emergent, or revised stances based on recent state/federal policy changes, local priorities, or other current events.

All County Departments then review the updated draft – including sharing with their Boards and Commissions. These edits and suggestions are incorporated into a draft to present to the Board of Supervisors for individual review and feedback. The Office of the County Executive holds annual fall meetings with each Supervisor and the County’s State Lobbyists to review the Supervisors’ priorities, and ensure the County’s Legislative Platform reflects them. The draft Platform is also shared with the County’s agency partners: the Transportation Authority of Marin (TAM), Marin Transit District, Sonoma-Marin Area Rail Transit (SMART), and Marin Clean Emergency (MCE). This proposed 2025 Legislative Platform reflects input from all stakeholders involved in this process. As always, your Board retains the opportunity to amend the plan at any time.

Highlights

The following section highlights some of the changes and additions in the proposed 2025 Legislative Platform, compared with the adopted 2024 Platform.

Immigration

• In light of the new federal administration, oppose federal enforcement actions targeting immigrant residents that lead to indiscriminate family separations and removal of long-time community members – recognizing the vital contributions of immigrants to the cultural, social and economic fabric of Marin County.
• Protect recent expansions of California’s social safety net to all residents, regardless of immigration status, and oppose federal efforts to bypass state privacy laws or accessing personal identifying information on enrolled residents. Oppose use of the “public charge rule” by federal immigration officials.

Housing

• Support funding and policies to address substandard housing, especially in rural and coastal areas, to bring existing units up to health and safety standards and/or provide relocation assistance to affected residents.
• Support homeownership opportunities for historically marginalized and disadvantaged residents.
• Support recognizing that some areas, due to high-fire risk, sea level rise, and ingress/egress accessibility should not be targeted for new development.
• Support efforts that maximize the efficiency of local resources invested into planning efforts and reducing redundancies by creating opportunities for regional collaboration and economies of scale in meeting state requirements.

Homelessness

• Support initiatives that share state urgency in resolving encampments – especially those with public safety concerns – while maintaining a commitment to “Housing First” principles and prioritizing that the only permanent way to end homelessness is housing.

Natural Resources and Climate Change

• Support opportunities to fund local, priority climate resiliency projects through the statewide climate resilience bond.
• Support reauthorization of the state’s Cap-and-Trade Program, including utilizing revenues to support communities and climate-oriented industries in need, such as investments in environmental justice communities and small-scale sustainable agriculture.
• Support FEMA eligibility for extreme heat and smoke events which are not currently associated with the Stafford Act for reimbursable emergency costs. 

Energy

• Support maintaining and expanding the federal LIHEAP program that provides thousands of low-income households in Marin with financial assistance in paying for heating and cooling costs.
• Support consideration of demographics – including the presence of vulnerable populations such as older adults and persons with disabilities – in determining high-risk, priority areas for utility undergrounding.

Transportation

• Support proposed modifications related to the bicycle and pedestrian Westbound I-580 multiuse path pilot on the Richmond-San Rafael Bridge that would extend the pilot to convert the path to an emergency shoulder lane Monday through Thursday.

Health and Human Services

• Oppose efforts to repeal or scale back the critically needed healthcare benefits expanded to millions of low-income, and previously uninsured Californians under the ACA.
• Support a systems-oriented approach to behavioral health reform and policy development, recognizing the importance of cohesive policies and programs that empower counties to deliver targeted, effective, flexible, and cohesive care to individuals most in need.
• Support evidence-based policies to regulate recreational cannabis and other THC-containing products, including intoxicating hemp, for adults to ensure it is used safely and legally.

Technology

• Support enforcement measures to hold internet providers accountable to maintain equipment and improve network quality, service and connections in low-income neighborhoods, and end the practice of “redlining” digital access.
• Oppose efforts to reduce and defund landline telephone service, including Carrier of Last Report (COLR) obligations.
• Support state and federal efforts for healthier social media usage among adolescents.

Agricultural Heritage

• Support the National Organic Standards Board’s efforts to maintain integrity of the organic label, while ensuring that new national standards do not result in the loss of local certifiers like MOCA best suited for small-scale operations.
• Support targeted regulatory relief and streamlined permitting for small-scale agricultural operations as they seek to advance environmentally sustainable practices, protect surface water availability, and add needed low-income, agricultural worker housing.

Public Safety and Justice Reforms

• Support advancements in prison reform aimed at rehabilitation and reducing recidivism, such as the San Quentin Rehabilitation Center Project and other initiatives that center education, rehabilitative services, and campus facilities.
• Monitor policies related to the passage of Proposition 36 and the State Legislature’s 2024 package of retail theft and fentanyl laws (2024). Proposition 36 – anticipated to increase felony prosecutions, extend carceral sentences, and introduce “treatment mandated felonies” – will impose unfunded costs on counties.

Governance and Finance

• Support efforts to simplify and streamline statewide filing and administrative requirements associated with running for and holding elected office, with the goals of reducing barriers to entry and increasing diversity and representation in local elected officials at all levels – while retaining the law’s intent to promote transparency, prevent conflicts of interest and ensure accountability.

Legislative Program Annual Report

2024 State Recap

The 2024 State Legislative year was defined in large part by the largest state budget deficit since the Great Recession, with the final budget reflecting a $46.8B shortfall. Just as record surpluses in 2022 and 2023 provided new opportunities for the Legislature and Governor to advance significant policy priorities, including Full-Scope Medi-Cal coverage to undocumented residents, greater expansions of housing and homelessness programs, and new earmarks for district priorities – the 2024 state deficit halted new programming and narrowed opportunities for meaningful legislation with an associated price tag.

The 2024 deficit was largely the result of: 1) overstated revenues in prior state budgets; and 2) a depressed stock market and technology sector slowdown resulting from high interest rates and inflation, leading to lower personal income and capital gains taxes from the wealthiest earners in California. The state’s general fund remains heavily reliant on high income earners, with the top 1% paying half of the state personal income tax revenues.

Your Board took an active role in advocacy during the 2024 State Budget process, sending more than a dozen letters reflecting the County’s priorities in protecting state programs that support residents most in need. These included:

Of note, Marin joined the other Excess-Education Revenue Augmentation Funds (ERAF) counties in successfully advocating against the Governor’s proposal to make charter schools eligible for ERAF funds. By adding charter schools, the proposal would have reduced state funding obligations at the expense of: 1) no funding increases for Marin schools; and 2) significant cuts to locally-generated property tax revenues (excess ERAF) that the County, cities, and special districts in Marin rely on to serve our residents.

In addition to state budget advocacy, your Board took important advocacy positions on other key initiatives over the past year:

Youth e-bike safety: The County of Marin sponsored AB 1778 (Connolly), which allows jurisdictions in Marin to establish a voluntary pilot program that restricts riders under 16 to Class 1 (pedal assist-only) e-bikes. Your Board also supported SB 1271 (Min), which enhances e-bike safety by clarifying classifications, establishing safety standards for batteries, and introducing new labeling and advertising requirements. Marin’s advocacy at the federal level on this issue is included in the section below.

Intoxicating hemp and youth THC regulations: In August, your Board heard an informational report from Public Health on the emerging concern of intoxicating hemp. The report highlighted that between 2021 and 2022, there was a 93% increase in 911 calls involving THC among Marin youth, and THC dependence is also now the leading cause for Marin youth in addiction treatment programs. Your Board supported AB 2223 (Aguiar-Curry) which would have closed the regulatory loophole that allows youth to access highly-potent intoxicating hemp products by regulating them as cannabis products currently are. However, the bill never made it to the Governor, and in September the Administration instead issued emergency regulations to remove intoxicating products with detectable amounts of THC from shelves. Marin provided thorough comment to the Office of Administrative Law (OAL) on the proposed emergency regulations, which OAL ultimately approved through March 2025.

Your Board also supported SB 1498, which closed the advertising regulatory loophole for hemp products by ensuring advertising rules that apply to cannabis products—which prohibit targeting youth— extend to intoxicating hemp.

Housing and homelessness: In addition to state budget advocacy to protect critical funding programs, in February, your Board became the first county to endorse Proposition 1, the Behavioral Health Services Act. Marin voters ultimately passed Proposition 1 by 63.9%, higher than the statewide passage of 50.2%. Proposition 1 centers the acute need in California for more behavioral health treatment facilities and beds, passing $6.4B in statewide bonds to support 10,000 new permanent supportive housing and behavioral health treatment beds. Additionally, Health and Human Services successfully secured $18M in Encampment Resolution Funding in April 2024, making Marin one of the largest recipients of ERF funding that round.

Carrier of Last Resort: Earlier this year, your Board opposed AT&T’s application to the California Public Utilities Commission (CPUC) for relief from Carrier of Last Resort (COLR) obligations. The proposal (which ultimately failed) would have meant AT&T was no longer required to provide Plain Old Telephone Service (POTS) to more than 580,000 customers statewide that rely on the service. In Marin, more than 2,400 households have landlines as their single point of contact for emergency alerts and 630 have no alternative to copper-based landline service for communication –disproportionately low-income, older adult, and rural households. Once the CPUC dismissed AT&T’s application, your Board opposed the subsequent AB 2797 which would have accomplished the same aims for AT&T (the bill died in committee).

2025 State Outlook

The Governor’s Budget for 2025-2026 was released on January 10 – though was overshadowed by historically destructive Los Angeles fires that remained very much active as the Proposed budget documents went to press. Consistent with the LAO’s fall California Fiscal Outlook, the state is projecting a balanced budget with a modest surplus of $363M from the recent stock market rally and a stable economy. Revenues continue to come in ahead of projections and the state has savings from more than 6,500 vacant positions cut, though overspending in Medi-Cal and social services programs from increased caseload growth means higher revenues are largely spoken for. The Governor’s January proposal includes utilizing $7.1B from the rainy day fund.

The LA fires are on track to be the most destructive in not only California – but the nation’s history – and Governor Newsom has already issued Executive Orders to expedite recovery and rebuilding, and to extend the tax filing deadline for affected counties. This could have significant impacts to outyear revenue projections, as it was uncertainty from the IRS tax filing extensions in 2023 (due to winter storms) that caused the state’s historical deficit last year. Additionally, while President Biden has supported federal aid in his final weeks in office, the new GOP-led Congress may require new conditions on FEMA reimbursement, which would likely hamper rebuilding and require the state to invest more General Fund dollars. The 2028 Olympics in Los Angeles also loom large – meaning a heightened focus on rebuilding the City in time, and likely drawing significant state resources.

In summary, the fires and other possible actions from the incoming federal administration (including on Medicaid, social services, immigration, tariffs) mean the January budget contains considerable uncertainty – and the May Revision is more likely to accurately reflect the state’s fiscal plan for the coming year.

Highlights from the Governor’s January 2025-2026 Budget proposal:

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• Unlike last year’s January Budget, there was no Excess ERAF provision to make charter schools eligible for ERAF (which would cost Marin $2.7M annually).
• $2.7B of Prop 4’s $10B Climate bond will be allocated, largely for drinking water, dam safety, drought, flood and water resilience, but also $31M for coastal lands and habitat; $20M for sea level rise and wetland restoration in the San Francisco Bay; and $36M for farm Healthy Soils carbon sequestration programs.
• Considerable new investments in wildfire programs, including 1,900 new positions for CalOES, and CAL FIRE firefighting aviation equipment. Prop 4 funding allows prior year baseline increases to wildfire programs to continue.
• New workforce investments from federal approval of the state’s BH-CONNECT waiver, which would allow behavioral health services like peer support, rent assistance and short-term psychiatric stays to be billable to Medi-Cal.
• Continued funding of Medi-Cal expansion regardless of documentation status.
• Prop 1 (BHSA) and CARE Act implementation funding to counties was maintained, including new legislation to reduce BHSA revenue volatility.
• 1991 and 2011 Realignment revenues came in higher than projected.
• New ongoing investments for San Quentin Rehabilitation Center for staffing and programs: $8M next year and $13M ongoing.
• $5M ongoing to maintain Internet Crimes Against Children Task Forces, which support local law enforcement agencies in combatting child pornography.
• State Library Parks Pass program funded at $7M for the coming year.

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• CDCR is projecting a slight increase in the prison and parole population in coming years due to Prop 36. In later years, both may stabilize, and prison populations will begin to decline again. No new law enforcement, courts funding for Prop 36.
• No specific proposals were included to address the state’s insurance crisis. The LA fires are expected to be the biggest test yet to the FAIR plan’s solvency.
• No ongoing funding for the Home Safe or Bringing Families Home programs, which prevent homelessness among vulnerable older adult and child-welfare individuals.
• No new funding to support SB 43 (conservatorship) implementation, though DHCS began implementing SB 1238, which will authorize county BH agencies to designate specific mental health facilities to serve the populations under the expanded definition of “gravely disabled” (e.g. substance use disorder).
• Average costs per Medi-Cal enrollees continues to increase.
• Many of the housing programs cut in last year’s budget were not refunded – an ongoing challenge for the majority of counties and cities that are below their RHNA targets, especially for very low-income and low-income units.
• No new support to local governments for SB 1383 (organic waste law) compliance.

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• State’s stronger fiscal position triggered SB 525 healthcare worker min. wage.
• Pandemic-era Medi-Cal eligibility redetermination flexibilities extended through June, delaying anticipated disenrollment when they end.
• Rate increases in the final budget last year for healthcare providers not included under Prop 35 (MCO tax) were repealed. Providers included in Prop 35 began receiving increases. Longer-term fiscal impact to General Fund remains unclear.
• Stronger accountability measures for state homelessness funding including: compliant housing element, in-depth local reviews, increased scrutiny on data, encampment policy consistent with state guidance, and new transparency website. While no new homelessness funding (HHAP 7), Administration is open to including it later. Housing and homelessness will also be separated from the Business, Consumer Services and Housing Agency (BCSH).
• CDSS is anticipated to release study soon (AB 1672, 2023) on moving IHSS provider wage bargaining from individual counties to statewide.
• No change to local Child Support Services program funding.
• Middle-middle broadband funding was maintained, however last mile funding remains delayed to 2027-2028.

In the coming months, the Legislature and Governor are likely to continue to invest state resources in countering federal actions that conflict with California priorities. These could include key stances on immigration, racial equity, healthcare, the social safety net, and climate. Pending legislation would set aside $25M for the Attorney General for “robust affirmative litigation”, and the Governor committed to filling in where federal funding may be cut including state subsidies of zero-emission vehicles and healthcare. All of these will put more pressure on state resources. Some areas where the state and Republican-controlled federal government could find some alignment include regulatory reform for housing and resiliency projects, energy grid capacity, and behavioral health and conservatorship.

Legislatively, state policymakers are expected to continue to prioritize housing, homelessness, and ways to continue to tie together major Behavioral Health initiatives of recent years (Prop 1, CalAIM, CARE Act, SB 43, etc.). There is also a strong appetite for meaningful permitting reform, especially when it comes to climate resiliency projects. The Legislature is also likely to take up more artificial intelligence (AI) and tech regulation in the coming year, considering that the federal government is likely to reduce its influence in that space. Finally, as California’s insurance crisis continues to worsen, especially after the LA fires, Legislators and the Department of Insurance are expected to work on meaningful proposals to reduce reliance on the FAIR plan and increase private insurance coverage in targeted areas.

With the passage of Prop 4, the Supreme Court overturning of the Chevron doctrine, and new federal political landscape – the Legislature may also take a stronger stand in shoring up climate policies and protecting California’s progress in reducing greenhouse gas emissions. Cap-and-trade will be renewed in the coming year, and may reflect these changes. Staff will also be looking for opportunities to support climate-oriented agricultural policies, as your Board recently requested targeted support for the future of North Bay Agriculture in the coming state budget.

Finally, the coming year may be the final full year of Senator Mike McGuire’s leadership as President Pro Tem and will be the second-to-last year of Governor Newsom’s tenure before he is also termed out in 2026. With their transition, Marin will lose significant North Bay representation in statewide leadership.

2024 Federal Recap

The second session of the 118^th Congress has been heavily focused on the annual appropriations bills. Congress returned to Washington, DC in January 2024 having passed none of the twelve Fiscal Year (FY) 2024 appropriations bills. Congress needed to pass two different Continuing Resolutions (CR) to keep the federal government open and funded. Finally, in March, Congress was able to pass two minibus appropriations bills containing all twelve FY24 appropriations bills. Additionally, for the third year in a row, the FY24 appropriations bills contained community project requests (formerly known as earmarks), including Congressman Huffman’s Community Project Funding requests of $1M to the County of Marin to support North Bay Dairies, $850,000 towards senior housing in Pt. Reyes Station, and $1M to support Make It Home’s career development services for low-income youth in Marin.

As soon as Congress wrapped up the FY24 appropriations bills, they begin to work on the FY25 bills. Your Board advocated strongly for Community Project requests in the FY 2025 federal appropriations bill, ultimately securing $850,000 in the House Transportation, Housing and Urban Development (THUD) Appropriations bill and $1,500,000 in the Senate THUD Appropriations bill for the Fairfax-San Anselmo Children’s Center. Unfortunately, much like FY24, Congress did not finish work on the FY25 appropriations bills before the end of the year.  Congress had to pass another short-term Continuing Resolution (CR) that will allow the federal government to remain open and funded until March 14^th. As such, the County’s community project funding request is stilling pending upon completion of these bills.

Other significant federal policy updates this year included technology regulation and addressing affordability. Following up its 2023 Executive Order on AI, the Biden Administration Office of Management and Budget issued formal guidelines on government use of AI. Additionally, the U.S. Surgeon General issued a notable advisory about the effects of social media use on youth mental health – and called on Congress to take action to limit children’s access and use.

Your Board supported the proposed extension of the Affordable Connectivity Program (ACP), which surfaced in both House and Senate bills this past year. The ACP was created as part of the Bipartisan Infrastructure Law and is a vital tool in bridging the digital divide, as it provides discounts to low-income households for internet service to make service affordable, and in many cases free. More than 4,500 Marin households were enrolled in the ACP. However, the program funding was depleted by April 2024, and Congress has yet to reauthorize these benefits.

As aforementioned, the County’s advocacy for improved youth e-bike safety extended to the federal space. In January 2024, Supervisor Mary Sackett met with commissioners from the federal Consumer Product Safety Commission (CPSC) to discuss Marin's local-bike safety data and to urge the commission to impose new, stronger federal safety regulations on e-bikes, especially for young riders. In May, Supervisor Sackett, along with Assemblymember Damon Connolly and Marin County Public Health Officer Dr. Matt Willis, testified at the CPSC Agenda and Priorities Hearing advocating the commission take up youth e-bike safety as a priority in the coming year. Your Board also submitted formal comment to the Advanced Notice of Proposed Rulemaking to address the injury risks associated with e-bikes. The CPSC is anticipated to release the next steps in its rulemaking process in spring 2025.

Finally, your Board worked with federal partners to advocate for major infrastructure projects that need federal funding. In February, Congressman Huffman joined Supervisor Katie Rice, Fairfax town officials, Public Works staff, and Marin Water officials to visit damaged areas of Fairfax-Bolinas Road, which needs $30M to rebuild. In June, Supervisors hosted the San Francisco Army Corps of Engineers leadership to discuss high priority flooding and sea level projects, including visits to the Santa Venetia Levee and San Rafael Canal.

2025 Federal Outlook

With Republicans winning control of all three branches of government in the coming year, 2025 will mark a stark transition. Under Republican leadership, Congress is expected to pursue a conservative agenda, and the new Administration will use the regulatory process and issue Executive Orders to enact its priorities. While there were opportunities during the Biden Administration to advocate for program expansions, including for new climate and social policies in alignment with your Board’s Legislative Platform, the upcoming Trump Administration and Republican Congress will likely be a period of focused defense of existing policies, programs and funding.

In addition to passing the FY 25 Appropriations bills, Congress is expected to address the expiration of the 2017 tax cuts and enhanced border security measures including immigration enforcement. The most recent 2018 Farm Bill was originally set to expire in September 2023, however Congress extended it to September 2024. While Congress has not acted since the expiration date, it is expected the bill will be extended for another 1-year term. Importantly, the Farm Bill includes funding for the Supplemental Nutrition Assistance Program (SNAP, or CalFresh in California). Under a Republican Administration and GOP-led Congress, a new Farm Bill will likely mean proposed cuts to this vital program for low-income residents. Congress is also expected to authorize the National Flood Insurance Program (NFIP), the FEMA-managed program that provides flood insurance policies to properties in flood areas that otherwise would not be able to purchase market insurance.

Finally, California will be closely watching any proposed changes to healthcare policies, including reducing funding for Medicaid and Medicare. The Republican agenda includes substantial federal funding cuts to these programs, such as changing to a block grant formula and/or per capita caps, imposing new work requirements, and/or repealing prescription drug price negotiations. Any major changes would have significant impacts to California, where 1 in 3 residents is enrolled in Med-Cal.

Of note, Marin County’s Congressmember Jared Huffman became the Democrat Ranking Member of the House Natural Resources Committee, which holds jurisdiction over a broad array of issues including fisheries, wildlife, public lands and national parks, and water resources.

NEXT STEPS: 

With your Board’s approval of the 2025 Legislative Platform, including any amendments, we will work with our state and federal delegations and advocacy representatives to advance the priorities in the Platform in the coming year.

Sincerely,

Talia Smith,
Director of Legislative & Governmental Affairs

Reviewed By,

Dan Eilerman.
Assistant County Executive

Attachment A: County of Marin 2025 Legislative Platform
Attachment B: County of Marin positions on 2024 State and Federal Legislation