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        Number 18
 September 7
, 2012

www.pacounties.org

LEGISLATIVE BULLETIN
An e-newsletter of the County Commissioners
Association of Pennsylvania

 

Serving Counties Since 1886
In This Issue
Counties Look to Complete Justice Reinvestment Package in Fall Session
DEP Releases Permit Decision Guarantee Draft Policy
Resolutions and Platform Revision
Resolution No. A6
Resolution No. A7
Resolution No. A9
Resolution No. A9
 
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Dear  ,   

 

COUNTIES LOOK TO COMPLETE JUSTICE REINVESTMENT PACKAGE IN FALL SESSION  

 

Act 122 of 2012, signed into law July 5, implemented a series of policy recommendations from the Governor's Justice Reinvestment work group that will allow for cost savings in the state corrections system and redirection of resources toward local public safety entities to employ new and more effective practices. The work group's proposals, as contained in Act 122 (formerly SB 100), reflect a data-driven approach to reduce corrections spending and reinvest a portion of the savings in strategies that can improve public safety, including components impacting sentencing practice, state parole, accountability of community corrections, and placement of technical parole violators.

 

However, the report's companion elements of reinvestment funding, including additional financial assistance to local law enforcement and counties, and support for crime victims, among others, still need to be approved by the General Assembly before they adjourn for the year.While Act 122 contains the policy necessary to realign resources for criminal justice efforts, additional legislation is necessary to authorize the transfer of funding from state prison purposes to county jails, county probation departments, and local law enforcement.

 

House Bill 135, currently before the Senate pending amendment, will have the language needed to direct funds to local needs and is a key component in redirecting public safety resources to where they can be most effectively applied, including county programs. With just a few session days remaining in 2012, the General Assembly must move quickly to approve HB 135 and send it to the Governor's desk so the full range of benefits envisioned by the Justice Reinvestment work group can be realized this year.

 

Counties are urged to adopt a resolution in support of this action, and to share their support with their legislators. More information can be found on the CCAP Legislative Action Center at www.pacounties.org.

 

DEP RELEASES PERMIT DECISION GUARANTEE DRAFT POLICY   

 

Pursuant to an executive order issued by Gov. Tom Corbett directing the Department of Environmental Protection (DEP) to refine its permitting process, the Department released a draft Permit Review Process and Permit Decision Guarantee Policy on September 1.

 

The draft policy would replace the former Money Back Guarantee policy, which established processing times for certain DEP permits and guaranteed that DEP would refund the permit processing fee if it failed to meet the published timeframe. Under the new process, DEP would guarantee, for about 244 of the permits it authorizes, to provide permit decisions within published timeframes, provided an applicant submits a complete, technically adequate application that address all applicable regulatory and statutory requirements in the first submission.

 

The policy strongly encourages applicants to arrange pre-application meetings to discuss expectations and obligations. In addition, DEP will no longer evaluate permit applications solely on a "first-in-first-out" basis, but will prioritize permits for review first based on those needed to protect public health, safety or the environment from imminent threats, then those necessary for economic development projects that create or retain jobs, leverage private investment and/or provide significant economic benefit.

 

The new policy also applies to county conservation districts and county health departments who authorize the permits in the Guarantee through a delegation agreement with DEP. The Department has acknowledged that these delegation agreements may need to be revised to accommodate the new policy, and this review is ongoing.

 

A companion Permit Coordination policy outlines how staff should coordinate projects that require multiple permits. The agency plans to develop electronic permitting tools to further improve the process.

  

DEP is accepting comments on the draft policies through October 1, with a target date to implement the new policy in late October. The draft policies and information on submitting comments can be viewed by clicking on Permit Decision Guarantee at www.depweb.state.pa.us.

 

RESOLUTIONS AND PLATFORM REVISION  
  
In a prior edition of the Bulletin we reported on policy resolutions adopted by the CCAP membership at their business meeting on August 7 during the Association's 2012 Annual Conference. Those resolutions amend the Pennsylvania County Platform, the Association's cumulative policy statement. The business meeting also included revision and reaffirmation of the full Platform. Following is the second installment of resolutions on existing elements of the Platform that were the subject of specific action to amend or reaffirm. The full set of resolutions, along with the Platform, is available on the CCAP website, www.pacounties.org.

RESOLUTION NO. A6  

          

(Submitted by the CCAP County Governance Committee) - The Association supports changes in election law and practice that would:       

  1. Improve administration of absentee balloting to provide greater convenience and accountability, including ease in application and submission of absentee ballots while maintaining the integrity, security, and secrecy of the process;
  2. Maintain the schedule for uniformed and overseas citizens absentee voting but find a mechanism to assure court resolution of disputed ballots timely for preparation of absentee ballots, and provide that the federal write-in absentee ballot can be used in all elections for all offices. The Association also supports exploration of processes and technologies that will facilitate, with proper security, the registration, absentee application, and balloting processes for uniformed and overseas citizens;
  3. Reduce restrictions on the application for and use of absentee ballots, in particular by amending the Pennsylvania Constitution, if necessary, to eliminate all reasons or conditions necessary to qualify for an absentee ballot and permit any qualified elector to vote by absentee ballot without excuse;
  4. Designate the date of the primary and general election as school in-service days and support the closing of schools that are used as polling places;
  5. Improve administration of elections within the provisions of the Help America Vote Act, including clarity on provisional ballot procedures and tabulation, standards and enforcement of accessibility, alternative language accessibility, and what constitutes a vote; and
  6. Defer questions of electoral college reform to the national level but provide for greater access to the ballot for minor political parties and political bodies, and provide uniform standards for submission and placement of referendum questions.

The changes delete reference to two prior gubernatorial reports and obsolete language relating to a specific proposal for changing the date of the Presidential primary, and provide clarity on school closure, accomplished by incorporating a separate plank on that subject.

RESOLUTION NO. A7  

  

(Submitted by the CCAP Energy, Environment and Land Use Committee and the CCAP Community and Economic Development Committee) - The Association supports programs to provide incentives for counties and public transit agencies to convert vehicles to operation with alternative fuels, including natural gas.

 

The resolution reaffirms and expands a prior plank relating to public vehicle fleet conversion to alternative fuels.

RESOLUTION NO. A8  

 

(Submitted by the CCAP Energy, Environment and Land Use Committee and the CCAP Community and Economic Development Committee) - The Association supports programs to promote use of alternative transportation fuels, including incentives for counties and mass transit agencies to deploy hybrid vehicles and vehicles operated by alternative fuels such as natural gas, hydrogen, and electricity, and development of fueling facilities for public use. 

 

The resolution amends an existing plank relating to alternative fuels, including the recent emphasis on conversion to natural gas due to the recent increase in shale drilling, in a broader public context.

RESOLUTION NO. A9 

    

(Submitted by the CCAP Resolutions Committee) - The Association supports changing human services funding streams to block grant funding for certain programs based on the following conditions:

  1. The change is limited to certain programs and willing counties, and instituted on a pilot basis before expanding statewide;
  2. The opportunity to draw down federal funds is not sacrificed;
  3. Counties are not forced to choose between retaining funding for one categorical program to provide dollars for or preserve funding of another;
  4. Counties will not be punished by reduced future allocation levels for achieving success in reduced spending, and will be permitted to reinvest savings to further expand successful programs;
  5. Block granted programs are not so prohibitive as to automatically eliminate currently funded programs controlled at the county level, or funded at an amount so small that current programs could not be extended;
  6. Local programs are assured county flexibility and discretion, and are not instituted where state, local, or federal rules and regulations would result in the loss of federal funds for operating outside of compliance boundaries;
  7. Maintenance of effort/cost of living would be built into the funding source;
  8. Funds would be appropriated in advance of the period for which the funds are provided, not after expenditures are made, to assure county cash flow is not negatively impacted;
  9. The base year utilized in determining the cap for the block grant must be equal to the largest amount allocations within the prior five state fiscal years; and
  10. The county must be granted regulatory flexibility while operating under the block grant to permit the county to focus on its most pressing needs.

The resolution rewrites and reaffirms a former plank in light of the recently enacted pilot block grant program. 


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Questions or comments regarding the new format, requests to subscribe to the electronic newsletter and requests to discontinue receiving the hard copy of the Bulletin can be directed to Brenda Hill at bhill@pacounties.org.

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Contact Us: Douglas E. Hill Executive Director, CCAP