Title
Chief Administrative Office recommending the Board:
1) Approve and adopt revisions to Board Policy A-4, County Legislative Policy;
2) Approve and authorize the Chief Administrative Office to add the County of El Dorado seal and name to a coalition letter of support regarding the urgent need for comprehensive tort reform to protect California taxpayers, survivors, and essential public services;
3) Approve and authorize the Chief Administrative Office to add the County of El Dorado seal and name to a coalition letter of opposition regarding the Governor's proposal to shift liability for utility-caused wildfires from utilities and their shareholders to policyholders, taxpayers, local governments, and fire victims; and
4) Provide direction to staff on the exploration of other legislative advocacy opportunities.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
Board Policy A-4, County Legislative Policy
On September 10, 1991, the Board of Supervisors adopted Policy A-4, County Legislative Policy, to provide direction for departments and steps necessary to support or oppose state legislation. The policy was updated on July 25, 2017, and January 25, 2022.
On July 25, 2017, with Legistar file 17-0763, the policy was updated to remove the requirement for elected department heads to seek Board approval to take a position on legislative matters. Additionally, the policy was put into the new format, restructured slightly to differentiate between the purpose, policy, and procedure sections, and revised to clarify each.
On January 25, 2022, with Legistar file 22-0138, no updates were made to the policy except to extend the sunset date.
The revisions included in the proposed update include requested revisions from the Board and also allow for the County to take a more proactive role in the legislative process. The revisions propose using a Legislative Platform approved every two years (in line with the state’s legislative calendar). The Legislative Platform will guide the Chief Administrative Office on legislative advocacy at the state and federal level, allowing for more flexibility and quicker response to proposed legislation and/or regulations. The revisions also address the Board’s concerns regarding positions on voter-initiated legislation (ballot measures), positions on bills that are gutted and amended, and, when position letters do have to come to the Board, the need for two Supervisors to sponsor the item (as with Proclamations).
Tort Reform Coalition Letter
This item is also requesting the Board approve and authorize the Chief Administrative Office to add the County of El Dorado seal and name to a coalition letter of support regarding the urgent need for comprehensive tort reform to protect California taxpayers, survivors, and essential public services. Public entities across California continue to face a challenging liability environment. Large settlements are significantly increasing insurance costs, which according to industry wide statistics, have tripled over the last seven years, and are putting pressure on public entity general funds. As a result, new approaches are needed to help educate the Legislature about these issues and the impact they are having on all public entities. Over the past several months, PRISM and other public entities have submitted tort reform recommendations to the Legislature.
El Dorado County is insured through Public Risk Innovation, Solutions, and Management (PRISM) for a variety of liability programs, such as Workers’ Compensation, Cyber Liability, Medical Malpractice, and General Liability. PRISM is a Joint Powers Authority (JPA) comprised of California counties, cities, and public agencies, organized to jointly develop and fund insurance and related programs with the most favorable terms and costs. The County has been a PRISM Program participant for more than 30 years.
In June 2026, PRISM reached out requesting the County add its seal and name to a coalition letter explaining the need for tort reform and outlining specific reform concepts supported by California Association of Joint Powers Authorities (CAJPA), of which PRISM is a member, and several other organizations. The coalition letter focuses on 3 proposed reforms:
1) Tort caps;
2) Requiring public entities to pay only their proportional share of economic damages based on fault; and
3) Establishing heightened evidentiary standards for claims where witnesses, records, and archived evidence are unavailable or insufficient to determine culpability.
While El Dorado County is committed to ensuring that victims and survivors of harm receive justice, support, and meaningful compensation, the current structure of tort liability allows for a system that transfers enormous wealth to plaintiffs’ law firms and threatens the financial solvency of the very public agencies tasked with protecting and serving our vulnerable community members. The County, over the last several years, has been involved in and settled various litigation that have increased insurance premiums and other costs significantly. The County would like to see the Legislature make reforms that continue to protect and support victims and survivors while limiting the threat to public agency solvency.
Wildfire Liability Coalition Letter
The Governor is proposing a last-minute, gut-and-amend package developed behind-closed-doors on wildfire liability reforms would limit public agency recovery from utility-caused wildfires. The proposal bails out electric utilities, undermines community rebuilding efforts, and wrongly shifts costs to wildfire victims, taxpayers, and local governments.
The Governor’s proposed wildfire liability reforms will have devastating consequences for public agencies and wildfire victims already struggling to rebuild their communities. The proposal would:
1) Limit damage claims on public property or infrastructure to the depreciated value of the asset that the utility who caused the wildfire would need to pay. Utilities would not have to pay for the full replacement costs of essential water, sewers, fire stations, schools, and libraries that are damaged.
2) Remove emergency response and mutual aid costs as a recoverable cost from the utility.
3) Eliminate property tax loss revenue as a recoverable cost from the utility. Limiting public agency recovery will only shift costs to taxpayers and leave public agencies financially stranded.
When wildfires strike a community, public agencies, firefighters, EMS, and police are on the front lines. If cities, counties, and public agencies cannot recover costs from negligent utilities, local taxpayers and the very survivors whose community burned will foot the bill. This is a big change from the way the system now works. When utility equipment causes a wildfire, utilities are currently held accountable through strict liability and negligence standards. They are required to fully compensate for property damage.
El Dorado County recently received a settlement from PG&E in the amount of $8.8 million for public and natural resource damages related to the Mosquito Fire that ignited in September 2022. This funding has been designated by the Board in the FY 2026-27 Recommended Budget to fund a shared fire services agreement on the Georgetown Divide for $400,000, repayments to CalOES and FEMA for Law Enforcement Mutual Aid payments during the Mosquito Fire totaling $565,675, and projects benefiting the Mosquito Fire Footprint Area in the remaining amount of $7.86 million. If the reforms in the Governor’s proposal are signed into law, El Dorado County may not have received as high a settlement due to the proposed limitations on recoverable costs which would affect the County’s ability to fund projects related to damages caused during the fire.
Legislative Advocacy Opportunities
In the past, El Dorado County has relied on organizations like California State Association of Counties (CSAC) and Rural County Representatives of California (RCRC) for legislative advocacy. Although these organizations provide El Dorado County with valuable tools and advocacy help, El Dorado County may see additional value added with other legislative advocacy tools and resources to further ensure El Dorado County's voice is heard at the state and federal levels. This item is requesting Board direction to look into other possible legislative advocacy opportunities available.
ALTERNATIVES
The Board may choose not to approve the recommended changes, direct staff to make additional modifications, or take no action.
PRIOR BOARD ACTION
07/25/2017 Legistar file 17-0763: Update to policy.
01/25/2022 Legistar file 22-0138: Extended sunset date.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
All Departments had a chance to review the proposed changes, in compliance with Board Policy A-1 Development and Distribution of Board of Supervisors Policies. The Policy has been reviewed and approved by County Counsel.
FINANCIAL IMPACT
There is no financial impact associated with this item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
The Clerk of the Board will update the online Board Policy Manual with the approved changes, notify all department heads, as well as any and all Chairs or staff for applicable boards, committees, and commissions.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Alison Winter, Principal Management Analyst