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        Number 5
 March 7
, 2014

www.pacounties.org

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

 

Serving Counties Since 1886
In This Issue
U.S. House Passes Flood Insurance Changes
Budget Hearings Highlight County Issues
Healthy PA Waiver Submitted to Federal Government
Electronic Filing of Municipal Ordinances
Voting Matters
 
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Dear  

                             

U.S. HOUSE PASSES FLOOD INSURANCE CHANGES

 

The U.S. House on March 4 approved legislation to address the impacts of flood insurance premium rate increases under the federal Biggert-Waters Act of 2012 (BW-12), which aimed to make FEMA's National Flood Insurance Program (NFIP) more financially stable by reflecting true flood risk insurance costs in communities. Congressional action was spurred when the rate increases implemented under BW-12 were in many cases unaffordable. Counties in turn have been analyzing the concurrent impacts on communities, local housing markets, and property tax bases.

After first introducing an amendment to the initial vehicle, H.R. 3370, on Feb. 22, House leadership offered a second version of the amendment on Feb. 28 to incorporate several changes sought by the members. The final version was approved by the House on a 306-91 vote on March 4, with most of the Pennsylvania delegation voting in favor (Rep. Joe Pitts and Rep. Bill Shuster voted in the negative, and Rep. Allyson Schwartz was recorded as not voting).

 

As amended, H.R. 3370 would permanently repeal Biggert-Waters' phase-out of grandfathered policies, allowing grandfathering of lower premiums to continue and setting fixed annual caps on premium rate increases. The bill also repeals provisions triggering the full-risk rate at the time a pre-FIRM (Flood Insurance Rate Map) properties is sold, effectively doing away with the mechanism that moved properties to the new rates upon sale; the change would ensure point of sale premium insurance rate certainty. There would also be retroactive refunds for BW-12 triggered rate increases already paid by some pre-FIRM policyholders.

 

The amended legislation also has an affordability goal, requiring FEMA to try to minimize the number of policies with annual premiums that exceed one percent of the total coverage provided by the policy. Further, FEMA would be required to monitor and report the impact of rate increases on small businesses, non-profits, houses of worship and low-income residences, and to make recommendations to address those impacts. The bill as amended includes a $25 annual surcharge for all NFIP primary home policy holders and a $250 annual surcharge on all second homes and businesses, with all revenue from the surcharges going toward a new NFIP reserve fund, established to meet the future obligations of the NFIP.
 
Finally, H.R. 3370 as amended would increase funding for FEMA to complete its affordability study from $750,000 (under Biggert-Waters) to $2.5 million, and would require FEMA to work with communities to determine the appropriateness of the data and models they intend to use to generate new flood maps.

 

CCAP continues to work closely with its NACo partners in support of federal legislation that will keep flood insurance rates affordable while balancing the fiscal solvency of the program, as well as create a longer-term resolution to flood insurance needs. Additional information, including an overview of the statewide impact on counties and links to FEMA's website, are available on CCAP's Biggert-Waters Analysis and Resources web page. Additional county impacts can be shared by emailing PACountiesGR@pacounties.org.

BUDGET HEARINGS HIGHLIGHT COUNTY ISSUES 

 

The House and Senate appropriations committees have concluded three weeks of budget hearings where various state agencies provided commentary on the Governor's proposed FY 2014-2015 state budget. The final week of budget hearings included discussions on county-related issues within the Department of Agriculture, the Department of Public Welfare (DPW) and the Department of Transportation.

 

Agriculture Secretary George Greig shared with both committees the economic boosts that the state's 109 county and community fairs provide to counties, and noted the budget proposal provides that the fairs would be fully funded with $3 million from the Race Horse Development Fund.

 

During the hearings with PennDOT Secretary Barry Schoch, both Senate and House members engaged in discussion of Act 89 of 2013, the transportation funding package. Secretary Schoch explained that PennDOT is currently in the process of developing plans to determine which projects will be included in the first year, and that the list of projects will be available soon. Schoch also discussed the bridge bundling program, pointing out that the Public-Private Partnership (P3) board is soliciting proposals to deliver about 600 bridges for total reconstruction; these bridges are also expected to be delivered in three years rather than the typical ten-year time frame.

 

During her hearing with the House Appropriations Committee, DPW Secretary Bev Mackereth explained that the Human Services Block Grant is a funding mechanism which can treat problems holistically, for example by helping counties more flexibly address a child welfare case that is also affected by mental health or drug and alcohol issues. DPW is asking that the block grant be opened to every county, which is also a CCAP priority.

 

Now that the budget hearings have concluded, the Governor's proposal will be introduced in bill form. Each of the legislative chambers will then take up action on the bill, first in the appropriations committees, then before the full House and Senate. In prior years, the House has conducted several days' worth of session where members offer amendments to the Governor's plan, usually in keeping with a House rule that funding increases must be countered by a decrease in funds appropriated elsewhere in the budget. The House and Senate are expected to announce their plans and procedures for budget consideration shortly. Normally, close to the constitutional deadline of June 30, a final bill will emerge, concurrent with a series of other proposals with budget implications.

 

The Association continues to develop analysis and related documentation on the budget proposal, and is actively engaged with the Administration and legislature on county priorities. Regularly updated information on the budget, including analysis, testimony and talking points, is available through the Budget News and Updates link on the Association website, www.pacounties.org
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HEALTHY PA WAIVER SUBMITTED TO FEDERAL GOVERNMENT

 

Gov. Corbett formally submitted Pennsylvania's plan for Medicaid reforms to the U.S. Department of Health and Human Services. The Center for Medicare and Medicaid Services accepted the commonwealth's Section 1115 Demonstration waiver request as a complete application on Feb. 27, triggering a 30-day comment period that ends on March 28. The full request, along with directions for public comment, is posted on the Medicaid website.

Pennsylvania's Healthy Pennsylvania Private Coverage Option waiver request would use federal funds to purchase private insurance rather than to expand Medicaid, as its strategy to increase access to private market health insurance for Pennsylvanians 21 years of age or older, but less 65 years of age, with incomes less than 133 percent of the Federal poverty level ($15,282 in a household of one). The proposal also includes a request for approval of a work requirement, permission to align benefits with private insurance plans, and cost-sharing requirements. It is anticipated that, if the waiver is approved, the proposed plan would begin in January 2015.

 

The submitted plan includes numerous modifications based on feedback the state Department of Public Welfare received during seven statewide hearings, two webinars, and submitted comments. Some of the changes include modifying cost sharing criteria, providing coverage for the period between the presumptive eligibility application date and the effective date of coverage by the private coverage option, and including locally-based federally qualified health centers in plan networks under the private coverage option.

 

The Medicaid reform proposal is part of the Governor's Healthy PA proposal to increase access to health care. Additional components of the Healthy PA plan include a focus on development of coordinated and effective long-term care and supports, including the convening of a Long-Term Care Commission to provide recommendations on best practices and strategies to supporting independence, regardless of an individual's disability or age. In addition, and consistent with CCAP's substance abuse and overdose priority, the proposal seeks to improve public safety through a prescription drug monitoring program to enable health care professionals to improve coordination of pain care for patients, help patients receive addiction treatment, and reduce the criminal diversion of prescription drugs.    

ELECTRONIC FILING OF MUNICIPAL ORDINANCES 

            

Legislation authorizing the filing of electronic copies of municipal ordinances with the county has now been signed into law. Under prior law, municipalities could file only paper copies of adopted ordinances with the county law office or other designated office. Senate Bill 1081, introduced by Sen. John Eichelberger (R-Blair), now Act 11 of 2014, and HB 1529, introduced by Rep. Kate Harper (R-Montgomery), now Act 2 of 2014, amend the First and Second Class Township codes, respectively, to allow electronic filing of ordinances through a method left to each county's discretion. The county may then store the ordinance electronically as long as the public has access to the filed ordinances during normal business hours. Both acts take effect 60 days after being signed.

VOTING MATTERS   

            

CCAP members will deliberate several policy resolutions at the business meeting to be held during Tuesday's closing session of the CCAP Spring Conference, set for March 23-25 at the Hilton Harrisburg. Proposed resolutions will be discussed during the business meeting and then, within ten days of conclusion of the conference, members will be emailed an electronic ballot to vote on each proposal. The business meeting agenda also includes election of the two CCAP representatives to the NACo board of directors. The agenda packet containing the proposed policy resolutions was emailed to counties on Feb. 28.

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Contact Us: Douglas E. Hill Executive Director, CCAP