OCTOBER 2010
WSAC & AWC Leadership with Governor Gregoire
From Left to Right: Don Gerrand, Mayor, Sammamish, AWC Secretary; Lynda Ring Erickson, Mason County, WSAC Past President; Paul Pearce, Skamania County, WSAC Vice President; Governor Gregoire; Merrill Ott, Stevens County, WSAC President; Kathy Turner, Mayor, Puyallup, AWC President; Chuck Johnson, Councilmember, East Wenatchee, AWC Past President; Nancy McLaughlin, Councilmember, Spokane, AWC Vice President


WSAC Leadership Meet with Governor's Office

    

WSAC Executive Committee, along with leaders of the Association of Washington Cities, met with Governor Gregoire on Wednesday, October 13th.  The Governor outlined the budget and fiscal challenges facing State Government through the end of the current biennium and well into the 2011-13 Biennium.

 

WSAC and AWC leaders stressed the need for state and local governments to make smart decisions as budget reductions and choices are being made.

 

Several important items brought forward and discussed included: 

  • Gaining flexibility in revenue
    • Real Estate Excise Tax
    • Removing non-supplanting language
  • Decrease the cost and impact of harassing public records requests
  • Modifications to make collective bargaining responsive to fiscal conditions
  • Protect state shared resources
    • City/County Assistance Account
    • Streamlined Sales Tax Mitigation Payment
    • Health and Human Services
      • Mental Health
      • Chemical Dependency
      • Developmental Disabilities
      • Public Health
  • Infrastructure needs for counties and cities
  • Update the way we communicate - using the most cost effective and efficient methods available
  • Delaying implementation of programs without state resources, i.e., Growth Management, Shoreline Management Plans, Stormwater, etc.

Governor Gregoire restated her commitment to work with local government and that counties and cities are partners with the state in delivering services that our citizens seek and need.  Governor Gregoire committed her executive staff to meet with us and work to assure county and city issues are understood and integrated into their work.

E911 Funding Update
In response to WSAC's effort to ensure the state adequately funds county implementation of E911 service, the Governor has directed the Military Department  to work with the State E911 Advisory Committee to amend the policies on what services are eligible for reimbursement.

As most of you are aware, we had been informed that the Military Department was going to reduce state assistance by nearly $2 million.  These revisions should help ensure that historical levels of support are maintained.  WSAC has been informed that the changes will be in place prior to January 1, 2011.
Metadata is a Public Record
Earlier this month the Supreme Court ruled that metadata associated with electronic documents is a public record subject to disclosure.  Metadata is generally defined as data about data, and it can include information such as the address fields in e-mails, file types, file creation and modification dates, and the author of such modifications.

The 5-4 ruling concerned a City of Shoreline resident's request under the Public Records Act for an unsolicited e-mail that had been sent to the deputy mayor's home computer.  The deputy mayor asserted that she inadvertently deleted the original email and therefore was unable to produce the requested metadata.

"Metadata may contain information that relates to the conduct of government and is important for the public to know," Justice Susan Owens wrote. "It could conceivably include information about whether a document was altered, what time a document was created, or who sent a document to whom."

The court also directed the city to inspect the employee's home computer hard drive to consider whether all public records were properly disclosed and stated that if the city refuses to inspect the employee's home computer hard drive, "they have indisputably not  provided all public records to the plantiff, and the trial court should find that the City violated the PRA".
 
Resources:
Ecology Issues Draft Paper on Greenhouse Gas Emissions and SEPA
Ecology is seeking public comment.

The Washington Department of Ecology (Ecology) has issued a draft working paper on greenhouse gas emissions and the State Environmental Policy Act (SEPA). The paper is intended to help governmental agencies and project proponents when considering the effects of climate-altering greenhouse gas emissions during environmental reviews required under SEPA. 
     
Ecology is seeking public comment on the draft working paper until November 17.  To submit comments electronically, go to  http://www.ecy.wa.gov/climatechange/sepa.htm
     
Since its enactment in 1971, SEPA has required state and local government agencies to identify possible effects on the environment from their permit and planning decisions. SEPA has long included climate as an element of the environment that must be considered.
     
Ecology expects to finalize the working paper in early December and update it as needed for agencies and project proponents.  

Two years ago, Ecology's then-Director Jay Manning committed the agency to clarifying how consideration of climate change should be incorporated into environmental review and decision making under SEPA. 

The Governor's Climate Advisory Team also formed an Implementation Working Group to develop recommendations to help ensure that climate change considerations were fully incorporated into the SEPA review process.

The draft working paper issued by Ecology today is greatly streamlined from the recommendations of the working group.  This is in part because the group's recommendations have already helped many project proponents incorporate climate change considerations into their proposals.
     
The draft paper suggests how the existing "SEPA checklist" can be used to consider various sources of greenhouse gas emissions.
     
It also:
     
  • Provides tools for estimating emissions that are directly related to a proposal.
  • Provides information on expected climate effects as projected by the University of Washington and the U.S. Global Change Research Program.
  • Provides ideas on how a project proponent might voluntarily reduce emissions in a project's design stage.
  • Provides references to state laws that already require some level of reduction or other mitigation of greenhouse gas emissions. 
  • Links to an Ecology resource Web page, which will include examples of SEPA analyses that have included greenhouse gas emissions.
 
See Ecology's draft "Greenhouse Gas Emissions and SEPA" paper: http://www.ecy.wa.gov/climatechange/sepa.htm

For more information about SEPA:
 http://www.ecy.wa.gov/programs/sea/sepa/e-review.html

For more information about climate change: http://www.ecy.wa.gov/climatechange/index.htm

Ecology's website: http://www.ecy.wa.gov/
2010 Report to the Legislature and Governor: Water Resources Program Functions and Funding Structure
The Department of Ecology (Ecology) was directed by the Washington State Legislature to review current water resource functions and funding structures, and to report to the Legislature and the Governor by September 1, 2010, on improvements to make the program more self-sustaining and efficient. Engrossed Second Substitute Senate Bill (ESSSB) 6267, Sec. 2 states:

Sufficient resources to support the department of ecology's water resource program are essential for effective and sustainable water management that provides certainty to processed applications. The department of ecology shall review current water resource functions and fee structures, and report to the legislature and the governor by September 1, 2010, on improvements to make the program more self-sustaining and efficient.
 
The 6267 Report describes Ecology's Water Resources Program activities, as well as current funding levels and associated funding structures.  The report identifies a number of efficiency improvements and makes specific recommendations for making the program more self-sustaining and less dependent upon State General Fund dollars.

The Report:
 
2010 Report to the Legislature and Governor: Water Resources Program Functions and Funding Structure - Recommendations for a Sustainable and Efficient Program, September 14, 2010

For more information visit: http://www.ecy.wa.gov/programs/wr/hq/6267report.html

***Please note this issue will be discussed at the November 11 Legislative Steering Committee meeting.
Jobs in the Woods 

Governor Gregoire and Commissioner of Public Lands Goldmark are seeking federal funding to create rural jobs by repairing fish-passage barriers on private and county roads.  The initiative is intended to leverage existing state and federal investments in the Family Forest Fish Passage Program which has already opened up over 2,000 miles of habitat to fish.  WSAC is a partner in this initiative, and has been instrumental in ensuring that county road funding be included in the request.

 

Below under "Resources" are two documents seeking federal support for our Jobs in the Wood: 3F2P program.
 
The first document is a letter to the Secretaries of Interior, Commerce, Agriculture and Transportation soliciting their support and asking them to assign contact leads -- signed by Governor Gregoire and Commissioner Goldmark.
 
The second document is the brochure laying out the details of our request and the benefits of the program.

 

WSAC thanks Governor Gregoire and Commissioner Goldmark for their help on this issue.

 

Resources:

Letter & Brouchure 

Draft Land-Use Planning Guide Available for Public Review
The public has an opportunity to weigh in on the state's updated guide for airport land use compatibility planning.

Washington State Department of Transportation's (WSDOT) Airports and Compatible Land Use Guidebook is available for review online at www.wsdot.wa.gov/aviation/Planning/LandUseGuidebookUpdate.htm during a 10-day public-comment period from Oct. 27 to Nov. 10.


Anyone can submit comments via e-mail to timmerc@wsdot.wa.gov by phone at 360-651-6312; by fax at 360-651-6319; or by mail to WSDOT Aviation, 18204 59th Dr NE, Suite B, Arlington WA 98223.


Effective and proactive land-use planning is critical for managing development around airports. WSDOT updated the guidebook to highlight the importance of airport and land-use compatibility planning and to streamline the process for airport sponsors and local jurisdictions.


The guidebook does not change land-use requirements. It is intended to serve as a better tool with reader-friendly graphics and visual aids to communicate concepts and effective practices. It includes a six-step planning process with tools, worksheets and reference materials to assist local jurisdictions, planners and airports in making informed land-use compatibility decisions


The guidebook was released previously for a 30-day public comment period on May 10.  WSDOT reviewed and incorporated feedback from that comment period into the latest draft. WSDOT plans to publish the final version of the Airports and Compatible Land Use Guidebook early next year.


For more information, visit the project Web page at:
www.wsdot.wa.gov/aviation/Planning/Land UseGuidebookUpdate.htm

Gov. Gregoire Signs Executive Order Helping Small Businesses 
On Tuesday, Gov. Chris Gregoire signed an executive order aimed at assisting our state's economic recovery by helping small businesses succeed and expand.

In her executive order, Gregoire directs the Department of Labor and Industries, the Department of Revenue (DOR) and the Employment Security Department to review current practices, tax and rate structures with the goal of reducing state imposed costs for small businesses. The order also tasks DOR to work in consultation with small businesses, local governments and other stakeholders to evaluate ways to reduce the complexity of the state's sales tax system.

 

Specifically she has invited the association to participate in an evaluation in ways to reduce the complexity of the state's sales tax system. Small business has expressed frustration with the number of tax rates within a county.  We will be looking for input and advice from our members.

 

The Governor also directed the Department of Commerce to work closely with the Governor's Office of Regulatory Assistance to consolidate the variety of small business licensing, registration and certification guides into one resource, and develop new strategies to streamline or eliminate regulatory processes and procedures.

 

To read the executive order click here.

Federal Patient Protection and Affordable Care Act 

Implementation of provisions of the Federal Patient Protection and Affordable Care Act ("Act") have begun across the country, with the majority of changes to be completed at the state level in 2014.
State Update:
 
The Washington State Joint Select Committee on Health Reform met on September 15 in Olympia. The Office of the Insurance Commissioner provided a document entitled Implementing the Patient Protection and Affordable Care Act that includes their proposed legislative changes for the 2011 Legislative Session:
For additional information on the Committee and all of the handouts from the meetings:

National Update:

The National Association of Counties has also provided us with the latest updates on  recent developments related to the Affordable Care Act.

IRS defers requirement for employers to report the cost of health insurance coverage:

The Affordable Care Act requires employers to report the cost of health insurance coverage on employees' W-2 forms.

However on October 12, 2010 the IRS stated that reporting the cost of health insurance coverage will not be mandatory for W-2 forms issued for 2011, to give employers more time to make the needed changes to their payroll systems.
Please see these items for more information: http://www.irs.gov/newsroom/article/0,,id=228881,00.html and http://www.irs.gov/pub/irs-drop/n-2010-69.pdf.

The IRS also released a draft W-2 form that includes the codes that employers may use to report the cost of coverage, available here:
http://www.irs.gov/pub/irs-utl/draft_w-2.pdf.

The W-2 reporting is only for informational purposes and is intended to disclose the value of the benefits provided by employers; it is not a taxable item. Further guidance on the reporting requirement will likely be issued by the end of this year.

The law originally stated that the W-2 reporting requirement would begin for W-2 forms issued for tax year 2011, reflecting health insurance coverage provided in 2011.
LSC Update 
The Legislative Steering Committee met October 7 & 21 via teleconference. 
October 7 Summary:

LSC discussed the proposed 2011 Legislative Agenda; had updates on transportation (with regard to transportation, the Committee took action supporting WSAC's participation in the Transportation Partnership), infrastructure, stormwater funding, E-911 and health & human services.  The Committee also discussed the outlook of the state budget and were briefed on WSAC's communications with the Governor's Office regarding ideas for transforming government.

October 21 Summary:

LSC again discussed the proposed 2011 Legislative Agenda and reviewed the process for adoption by the general membership in November at the Annual Conference in Spokane.  The Committee also discussed the Framwork of the Agriculture and Critical Areas Stewardship Program constructed through the Ruckelshaus Center (LSC took action to support the staff recomendation that WSAC support the Framework of the Agriculture and Critical Areas Stewardship Program. With this support and endorsement, WSAC acknowledges that our final support rests on agreement with legislative proposal and adequate appropriation to implement the proposed program.  WSAC supports this program, in part, because we acknowledge the risk and cost of reverting to existing law, which is plagued by disputes and litigation).

The Committee also discussed WSAC's ongoing communications with the Governor's Office and the status of E-911.

Next LSC Meeting:
November 11 from 8:30am to 11:30am in conjunction with WSAC's Annual Conference in Spokane County.

Resources:

Open Government Training Opportunity 
WSAC and the County Training Institute are pleased to co-sponsor the following important training event:

Open Government: What Local Government Officials Need to Know About Washington's Public Records Act and Open Public Meetings Act

 

Participants will receive  4 CTI/CPO Elective Credits upon completion.

 

Time:                     9am to 4pm

Target Audience:     WSAC and WACO Elected Officials

Cost:                      $95 (lunch included)

 

Dates & Locations:

 

November 16 - Wenatchee
Wenatchee Valley College
1300 Fifth Street
Wenatchee, WA 98801

 

November 17 - Spokane Valley
Centerplace
2426 N. Discovery Place
Spokane Valley, WA 99216

 

November 30 - Longview
Cowlitz County Expo and Conference Center
1900 7th Ave
Longview, WA 98632

 

December 1 - Lynnwood
Embassy Suites Lynnwood
20610 4th Ave W
Lynnwood, WA 98036

 

This course was well received in 2008. Don't miss out on this great opportunity in 2010 for the most updated information!

 

Resources:
County Training Institute Website
Open Government Training Agenda
Open Government Training Annoucement

Friendly Reminder

 

Check out our new employee benefit for Auto and Home Insurance!

 

Through your affiliation with WSAC, this exclusive program with Liberty Mutual gives your County a powerful competitive edge and your employees an exclusive group discount on auto, home, and other lines of personal insurance.  Plus, with their onsite educational events, you can deliver the tools your employees need to stay safe and secure in your workplace.

 

Ask these participating counties how the program is working for them:

Liberty Mutual


                       Benton

                       Cowlitz

                       Douglas
                       Kittitas
                       Pacific

                       WSAC

 

 

To take advantage of this value-added no-cost benefit service, contact Vicki Haworth at 360-705-0600 ext 56372 or email her at Vicki.Haworth@libertymutual.com.

 

Or stop by Liberty Mutual' s showcase table and meet Vicki in person at WSAC'S Annual Conference this November!

In This Issue
E911 Funding
Supreme Court Decision on Public Records
Greenhouse Gas & SEPA
Water Resources Program
Jobs in the Woods
Airport Land Use Draft Guide
Governor Helping Small Businesses
Federal Patient Protection and Affordable Care Act
LSC Update
Open Government Training Opportunity
Liberty Mutual Friendly Reminder
WSAC Insider
October Sponsor

Washington Refuse and Recycling Association

Visit us at the WSAC Annual Conference Showcase on Wednesday, November 10th.
Featured Event
WSAC Annual Conference
Nov. 9-11
Spokane County

Thanks to our Sponsors:
 
WCIF

Allied Waste

Comcast

Waste Management

Nationwide Retirement
Solutions

WCRP

Red Lion Hotel at the Park
  
Member Notes


Earlier this week all active WSAC members should have received an email with their elections instructions and password. If you did not receive an email, please contact Michelle Nelson .

 

The electronic poll is open until 3 p.m., Thursday November 11. There will be an on-site polling station at the Annual Conference as well.

 

Quick Links 
 
Board of Equalization Information

 

WSAC would like to thank the Department of Revenue for presenting a webinar earlier this month on the county legislative authority's role in Board of Equalization, and to the WSAC members who participated.

 

DOR has provided the slides used during the webinar for those unable to participate. Click Here to Access Slides

 

In order to respond to requests for more professional development opportunities that do not involve travel, WSAC is seeking topics for future webinars. Please send your suggestions to Michelle Nelson.

  

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Health Reform
 

NACo Health Reform Implementation Website

Insider Feedback
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