March 10, 2012 2012, Issue #05         

CCM's State Capitol Report is designed to keep members informed about important legislative issues and actions taken by CCM staff on behalf of towns and cities, as well as suggested actions you can take to protect the interests of your municipality. 

For additional information on any of the bills listed and the most up-to-date news on legislative issues affecting municipalities, see CCM's Legislative Action Center. 

You can also follow CCM on Facebook and Twitter for real time updates and information from the State Capitol.

 - Feel free to forward this report to other municipal employees and officials -
IMPORTANT INFORMATION IN THIS ISSUE
APPROPRIATION COMMITTE FORUM WITH MUNICIPAL OFFICIALS
ACTIONS IN COMMITTEES
PUBLIC HEARINGS
CCM'S 2012 DAY ON THE HILL
MUNICIPAL UTILITIES FORUM
CCM'S LEGISLATIVE COMMITTEE
CCM'S MANDATES REPORT
CCM POLICY POSITIIONS
CCM - KEEPING MEMBERS INFORMED
APPROPRIATIONS COMMITTEE FORUM WITH MUNICIPAL OFFICIALS

The committee held an Informational Forum with Municipal Officials on Wednesday, March 7.  It is an annual forum with CCM and COST, providing a unique opportunity to discuss issues of concern to towns and cities with committee members.     

 

Among the issues to be discussed were: Education finance and reform, non-education funding, PILOT MM&E, mandates reform, general revenue sharing, transportation funding, and health insurance.

- CCM Information Packet Distributed to Committee Members -

MUNICIPAL OFFICIALS WHO PRESENTED: 
  • Mary Glassman, First Selectman of Simsbury and President of CCM
  • Barbara Henry, First Selectman of Roxbury and President of COST 
  • Marcia Leclerc, Mayor of East Hartford 
  • Betsy Paterson, Mayor of Mansfield 
  • Michael Pavia, Mayor of Stamford 
  • Lisa Pelligrini, First Selectman of Somers 
  • Pat Llodra, First Selectman of Newtown 
  • John Elsesser, Town Manager of Coventry
Jim Finley, Executive Director and CEO of CCM also testified. Bill Finch, Mayor of Bridgeport submitted testimony.

For more information on Appropriations issues, please contact Ron Thomas or George Rafael of CCM.   

ACTIONS IN COMMITTEES
EDUCATION
The committee held a public hearing on Monday on a variety of bills.  Among them were several that would impose new unfunded mandates on local and regional school districts, including several curriculum mandates, school nurse staffing level requirement, and new literacy programs. 

 

As usual, CCM does not take issue with the policy-aspect of the proposals.  Rather, each of these bills would add yet another unfunded state mandate on school time, school curriculum, school staffing, and school resources.   

 

In addition, testified on SB 298, which would call for a study to be conducted regarding the Minimum Budget Requirement (MBR): The MBR mandates a level of funding to local districts based on the previous year's allocations. 

 

CCM believes the MBR mandate should be eliminated.  However a study of its impact would be a step in the right direction.  

 

For more information on Education issues, please contact Kachina Walsh-Weaver of CCM. 

 

ENVIRONMENT 
The committee held a public hearing on Wednesday, during which two bills of significance were discussed:   
  • SB 254 - Phosphorus - would restrict the use of Phosphate containing fertilizers.  Garry Brumback, Town Manager for Southington, testified on behalf of CCM in support of the bill as a "statewide approach" to reducing Phosphorus levels in Connecticut's waterways.   Further, CCM's testimony took the opportunity to discuss the very expensive mandate some municipalities are facing the Connecticut Department of Environmental Protection's (DEEP)"Phosphorus Reduction Strategy for Inland Non-Tidal Waters", which is estimated to cost affected water pollution control authorities as much as meeting the Nitrogen reduction mandate. Mr. Brumback, urged the committee to require DEEP to utilize the proper regulatory process for this new mandate and ensure that all parties are able to participate in the discussion.
  • SB 265 - Solid waste - would increase the "Dioxin Tax" on all solid waste deposited out-of-state.  CCM testified in opposition to the bill as an unconstitutional and unfunded mandate.  In addition, we also took the opportunity to address the fact that, as transfer station permits are being renewed, DEEP is taking steps to place requirements on permittees that will mandate adherence to the priority hierarchy for disposal of waste, as recommended in the state's Solid Waste Management Plan (SWMP).  The SWMP is meant to act as guidance and is not codified in regulation or statute. CCM is concerned about DEEP unilaterally imposing such potentially costly requirements on new permits. (The City of Danbury is estimating the rule will cost the City $6 million.) A new mandate such as this, which could have huge fiscal implications, should emanate from either the regulatory or legislative process. CCM again urged the committee to require DEEP to utilize the proper regulatory process for this new mandate and ensure that all parties are able to participate in the discussion.  

For more information on Environment issues, please contact Kachina Walsh-Weaver of CCM.  

  

JUDICIARY

The committee will hold a public hearing on Monday, March 12, 2012 on the following public safety-oriented bills of concern to towns and cities, including: 

  • SB 364 - would make changes to the Alvin Penn Law, including requiring police officers to use a uniform form to record racial background and other information during traffic stops.  The form would be devised by OPM.  OPM would also develop guidelines for police departments on how to evaluate information collected by police officers.  The bill would also make OPM the repository for racial profiling forms and analyses, rather than the African American Affairs Commission.
  • SB 245 - would  increase municipal liability exposure and encourage litigation.  It would allow persons to sue police officers if such officers prevent the taking of pictures, under certain circumstances.  
  • HB 5432 - would require school boards to adopt and implement policies concerning the role of law enforcement personnel assigned to schools, to  curb school-based arrests. 
For more information on Judiciary issues, please contact Ron Thomas of CCM.

LABOR & PUBLIC EMPLOYEES
The committee favorably reported several bills -- some of which would impose significant, unfunded state mandates on towns and cities.  The most troublesome mandates to pass the committee this week were:
  • HB 5203 - Random Selection of Arbitrators Mandates - a new state mandate that would abolish local CEO authority (and union representatives') to select their respective arbitrators - and instead, would impose a new state mandate that stipulates the selection of arbitrators shall be randomly selected and assigned by the State Board of Mediation and Arbitration.  As reported in CCM's weekly Capital and Mandates reports, and at CCM Legislative Committee meetings -- this proposal is the complete opposite of modest relief or reform to the process of binding arbitration.  In fact, the Uniformed Professional Firefighters Association of Connecticut joins CCM in urging legislators to reject this bill.  Given a favorably report this week by the Committee, CCM will continue efforts to defeat this bill as the process continues.  We urge all members to contact their state legislators now and to push them to kill HB 5203 now - and ensure that it is not afforded a vote on the House floor.
  • HB 5233 - Firefighters' Workers' Comp. Mandate - a new unfunded state mandate on towns and cities that would require professional counseling be compensated under the Workers' Compensation Act for firefighters diagnosed with mental or emotional injuries - defined as post-traumatic stress disorder -- as a result of witnessing a death of a firefighter.  The special stress-related benefits proposed in the bill are unreasonable and unaffordable.  As noted by OFA in similar proposals from years past, the costs of just one emotional stress case could be significant.  Further, the bill is unnecessary. Currently, local public safety officials receive health benefits that include professional, confidential counseling.   Furthermore, towns and cities already offer extensive Employee Assistance Programs (EAPs) to employees suffering from stress. These existing benefits provide all employees counseling, therapy, and other essential services to assist them and their families during difficult periods.  The bill should be headed to the Public Safety Committee soon. CCM strongly urges you to contact your state lawmakers now to urge them to oppose HB 5233.
Not all hope was lost in the Labor Committee this week. The committee favorably reported HB 5201, which would be an initial step in the right direction toward providing financial and administrative relief for both parties involved in binding arbitration.  It would establish a deadline for filing statements of last best offers and reply briefs within 180 days after binding arbitration is imposed or requested.  Stay tuned to weekly updates on this bill.

The committee announced a public hearing for:  Tuesday, March 13th at 2:30pm, in room 1B of the LOB.  Among the bills on the agenda of importance to municipalities are:
  • HB 5400 - MERS - a proposal to address disparity concerns regarding the employer and employee contributions rates within the Municipal Employees Retirement System (MERS).  CCM has long-advocated for reasonable increases to the statutorily established employee contributions, which have never been adjusted.  
  • HB 5311 - Prevailing Wage - a proposal to clarify that any public works project "paid for exclusively with private funds" would be exempt from the state's prevailing wage rate law.  Although the bill does not specifically address the concerns of local officials to adjust the thresholds that trigger this mandate, this will be the only opportunity for local officials to comment on this issue.  

If you are interested in testifying, or submitting testimony on any of these proposals, please contact Bob Labanara of CCM.

 

For more information on Labor issues, please contact Bob Labanara of CCM.  

 

PLANNING & DEVELOPMENT

The committee favorably reported several bills of concern to towns and cities, including:  

  • HB 5316 - would (1) enact a statutory prohibition to against the passage of new unfunded state mandates without a 2/3 vote of both chambers of the General Assembly and (2) require the state auditors to audit the books and accounts of any municipality that receives more than 35% of its revenue from the state, and has a population over 30,000.  CCM supports the statutory prohibition language, and opposes the audit language.   
  • HB 5317 - would (1) give municipalities the option to charge interest of 12%, instead of 18%, to delinquent property taxpayers, and (2) require that the interest be charged per day instead of per month.  Although the bill is voluntary in appearance, it is a de facto mandate, in that, as a practical political matter, a town or city will be required to reduce the interest rate.  This could open up a $14.5 million hole in municipal budgets during a time when our poorer communities, in particular, are barely holding on.
  • HB 5318 - would allow towns and cities to enact charter reform without having to undertake wholesale reform.
  • SB 263 - would provide for more creative land use practices by eliminating the penalty of treble damages against zoning enforcement officers for frivolous or without probable cause citations.  The bill would make state statutes consistent with those concerning inland wetlands and watercourse procedures.  No other public official is singled out for such punitive actions. 

The committee also held a hearing on Friday, March 9, on several bills of concern to towns and cities, including: 

  • HB 5405 - Would establish a Statewide Uniform Mill Rate - CCM expressed concern that (1) the proposal requires revenue to go to the State to be doled out to municipalities, and (2) there will be winners and losers among municipalities due to a statewide uniform mill rate.  For those towns that have a mill rate higher than the state median, the State would reimburse for lost revenue for 5 years.
  • HB 5406 -Would establish a task force to study barriers to the formation of municipal utilities.
  • HB 5407 - Would require the DEEP Commissioner to submit to the General Assembly recommendations concerning performance standards, including regional training, coordination and cooperative plans, for utility companies.  

For more information on P&D issues, please contact Ron Thomas of CCM. 

 

PUBLIC SAFETY
The committee held a public hearing this week.  Bills of interest to municipalities included:
  • SB 322 - Medical Dispatch Training - would allow personnel at public safety answering points (PSAPs) to be exempt from emergency medical dispatch training, so long as that PSAP contract with another entity to provide local emergency medical dispatch services.  CCM supports the proposal citing that the current training is redundant and not cost effective for towns and cities.
  • HB 5378 - E-911 Surcharge - would allow the Public Utilities Regulatory Authority (PURA) to set the appropriate maximum monthly fee to fund the Enhanced E-911 system.  Susan Bransfield, First Selectman of Portland testified on behalf of CCM in support of the proposal, explaining that the current statutory surcharge cap of .50 cents needs to be increased in order to replace the current outdated system, and acquire the next generation 9-1-1 software.
  • HB 5381 - Regionalism of PSAPs - would mandate the consolidation of municipal PSAPs into regional PSAPs.  Susan Bransfield, First Selectman of Portland testified on behalf of CCM in opposition to the proposal.  The bill would endorse and implement the recommendations of a recent PSAP study, known as the "Kimball Report", which was only released less than two months ago.  CCM expressed concern that the report has not been properly vetted by key stakeholders, and raises more questions than answers.     

For more information on Public Safety issues, please contact Mike Muszynski of CCM 


PUBLIC HEALTH
The committee held a public hearing this week, among the bills discussed included:
  • SB 188 - Lead Prevention - would detail the administration of DPH lead prevention and control program, as well as provide financial assistance to towns and cities to administer such lead programs.  This proposal would ensure that local health departments receive the necessary funding and resources to provide case management services, education materials, environmental health services in regards to lead poisoning, as well as access to DPH's system that collects and provides essential data on lead poisoning information.  On Friday, March 9, the committee favorably reported the bill. 
  • SB 277 - DPH Advisory Council - would establish an advisory council within DPH to provide greater collaboration and communication between state and local officials concerning public health issues.  Lisa Pellegrini, First Selectman of Somers, testified on behalf of CCM in support of the proposal, explaining to the committee that such a council could enhance local public health emergency preparedness planning and the availability of DPH resources for towns and cities. 

For more information on Public Health issues, please contact Mike Muszynski of CCM.

   

TRANSPORTATION
The committee will hold a public hearing on Monday, March 12 at 10am, in Room 1E of the LOB, which will include the following bills:
  • HB 5458 - Red Light Cameras - would allow towns and cities the option of using automated traffic control signal enforcement devices (i.e. cameras) at local intersections for the purposes of enforcing red light violations.  If you have any questions or would like to testify in person or submit testimony for the record, please contact Donna Hamzyof CCM.
  • HB 5370 - Local Bridge Program - would, among other things: (1) increase the municipal reimbursement rate under the Local Bridge Program, and (2) authorize the State Bond Commission to issue bonds, not exceeding $15 million, to the Department of Transportation for deposit into the Local Bridge Program Revolving Fund. CCM submitted testimony stating that it is a good example of a partnership where both levels of government contribute resources to address a statewide problem. 

For more information on Transportation issues, please contact Donna Hamzy of CCM. 

PUBLIC HEARINGS

The following Committees have Public Hearings scheduled on the dates listed below.  

Please visit the Legislative Alerts tab of CCM's Legislative Action Center for more information on these hearings, including key bills scheduled and the CCM staff member to contact for assistance.
A complete list and text of bills considered can be found on the Connecticut General Assembly website.

Please note the Joint Rules of the General Assembly require only a five-day public notice of hearings. CCM notifies members the day they are announced.

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DON'T BE SHY, TESTIFY!
CCM staff understands the difficulty posed by the short notice of these hearings.  However, municipal leaders provide a strong and compelling voice on issues of importance to towns and cities.  Please consider testifying -- either in person or in writing. We are here to assist members in submitting testimony and/or signing up to testify for hearings.

  

CCM Day on Hill 2012
Wednesday, March 21, 2012
Old Judiciary Room, State Capitol Building 

CCM-members are cordially invited to CCM's Annual Day on the Hill.

This annual event is an opportunity to speak with legislative leaders, get updates on the state budget, and discuss legislative issues of concern to towns and cities with your state legislators.

Please plan to attend this important event to be sure the municipal voice is heard loud and clear.
 
Schedule of the Day:
  • 2:30 - 3:30 pm     CCM-Member Meeting
    Discussion with Legislative Leaders and Policy Briefing
  • 3:30 - 4:30 pm     One-on-One Meetings with State Legislators
    Contact your state legislators to let them know you will be in Hartford for this event and arrange a time to meet one-on-one.
  • 4:30 - 6:30 pm     Legislative Reception 
    For CCM-Members, State Legislators, and members of the Executive Branch.
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Please RSVP to Carolyn Ryan at (203) 498-3012.

 

MUNICIPAL UTILITIES FORUM - MARCH 13, 2012

 Energy and Technology  

and 

Planning & Development Committees

  

JOINT INFORMATIONAL FORUM - Establishing Municipal Utilities 

 

Tuesday, March 13, 2012, at 1pm  

Legislative Office Building, Room 2A  

 

Invited speakers include:  

  • Dan Drew, Mayor of Middletown
  • Representative from CT Municipal Electric Energy Cooperative   
  • Representative from United Illuminating & CT Light & Power   
  • Representative from the Public Utility Regulatory Authority (PURA)   
  • ISO New England   
  • Kevin McCarthy, Office of Legislative Research

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For more information, please contact Donna Hamzy of CCM. 

 

CCM'S LEGISLATIVE COMMITTEE

APRIL 2012  
 
Thursday, April 12, 2012  
9 am. - 10:45 a.m.  
Four Points Sheraton, Meriden
 
** MEETING AGENDAS AND MATERIALS NOW AVAILABLE ONLINE  **

 

A complete schedule for CCM's Legislative Committee, including meeting agendas and handouts, can be found online -- for CCM-members only.  If you have not registered for Members-Only access, please click here to do so. 
 

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 If you have any questions, please contact Jim Finley or Ron Thomas  

at (203) 498-3000.   

CCM's MANDATE REPORT
Highlight of the Week: New Worker's Compensation Benefits for Firefighters
Unfunded Mandates
In case you missed it, please view this weeks...


HIGHLIGHT OF THE WEEK:
New Worker's Compensation
Benefits for Firefighters

During the Legislative Session, CCM produces this weekly report to inform members and the Legislature about pending bills that propose (1) new unfunded mandates or (2) mandates relief for towns and cities.
 
While CCM doesn't always take a position on the policy aspect of a proposal, some bills would have a significant impact on local government and their residential and business property taxpayers.

CCM urges members to speak with their legislative delegation about the impact these bills would have on their community.

For previous reports, visit our Mandates Report page.

 

CCM'S 2012 LEGISLATIVE AGENDA
CCM's annual State Legislative Agenda is developed with proposals from member-municipalities, which are prioritized by CCM's issue-area policy committees and approved by CCM's Legislative Committee and Board of Directors. To view the 2012 Agenda and Priorities, please click on the link below:

CCM urges members to speak with your legislative delegation about CCM's 2012 State Legislative Agenda and encourage them to support it. 
CCM - KEEPING MEMBERS INFORMED 

For quick updates on critical issues for towns and cities:

 

CCM's Legislative Action Center

 

Follow us on:

   

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Along with many other items of interest on our website, you will find such things as:

New content is added daily, if you are not already doing so...

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FIRST STOP EVERY DAY   

 

If you have questions concerning this State Capitol Report or any state-local issue, please contact CCM's Public Policy & Advocacy Team:

                                                      ...or via phone at (203) 498-3000.