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        Number 7
 April 3
, 2015

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

 

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BUDGET HEARINGS HIGHLIGHT COUNTY ISSUES

   

Department of Human Services Acting Secretary Ted Dallas appeared before the House and Senate Appropriations committees in the last week of March to outline Gov. Wolf's budget proposal for the department.

 

A key issue raised by members of both committees was the Human Services Block Grant, including both support for and concerns with the program. House committee chair Bill Adolph (R-Delaware) noted the Block Grant is one of the ways the commonwealth has been able to operate more efficiently by allowing counties greater flexibility in spending limited dollars. Sen. Pat Vance (R-Cumberland), who has introduced SB 613 to expand the Block Grant to any willing county, also raised the issue and asked the department to explain its position. Secretary Dallas expressed support for flexibility, but also indicated the administration feels the program needs more rigorous and statistics-driven accountability to better determine where the program should go in the future. Although Sec. Dallas explained that the 30 counties in the pilot program must submit a plan for approval by the Department, he believes more accountability is necessary to ensure that there is a basic level of service in each program area. In terms of funding, Dallas explained that Gov. Wolf has proposed to restore the ten percent cut to the line items within the Block Grant from FY 2012-2013 over a three-year period, starting with a $27 million increase for FY 2015-2016.  

 

Additional areas of interest for committee members included the proposed increase in funding to combat opioid abuse and addiction, intellectual disability waivers, and how county children and youth agencies are handling the increased volume of reported child abuse due to the implementation of the new child protection laws.

 

With budget hearings now concluded, the next step in the process is traditionally for the Governor's proposal to be introduced in bill form, which House Appropriations Committee minority chair Rep. Joe Markosek (D-Allegheny) indicated during the hearings he would be doing. House Republicans have said that they may introduce their own proposal as well. Each of the legislative chambers will then take up action on a budget 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 budget bill, 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.

CCAP MEMBER TESTIFIES BEFORE CONGRESS ON WATERS OF THE U.S.

 

Clinton County Commissioner Pete Smeltz provided testimony on behalf of the National Association of Counties (NACo) before the U.S. House Agriculture Subcommittee on Conservation and Forestry in Washington D.C. on March 17, on the proposed definition of "Waters of the U.S." The hearing was led by Pennsylvania Congressman Glenn Thompson, who serves as chair of the subcommittee.

 

The proposed definition was published by the Environmental Protection Agency and the U.S. Army Corps of Engineers in spring 2014, with a comment period that ended in November. CCAP and NACo submitted comments expressing counties' concerns with the proposed definition of "Waters of the U.S" and asking that the proposal be withdrawn and modified after careful consideration of all comments submitted.

 

At the hearing, Smeltz discussed the main factors that contributed to NACo's decision to call for a withdrawal of the proposed rule, including the proposal's vast impact on counties nationwide, an inadequate consultation process with state and local governments, ambiguous and inconsistent terminology, and ongoing delays with the current permitting process. He noted that the concerns stem from the proposal's unclear language and failure to consider real-world, on-the-ground impacts. Further, he explained that the proposed definition would amount to extended federal oversight, greater delays in critical work, public safety risks, and additional financial costs without benefitting the environment. In addition, Smeltz emphasized the importance of the local, state and federal partnership in crafting practical rules and implementing Clean Water Act programs.

 

The agencies are currently reviewing more than one million comments and plan to release a final rule by late spring or early summer of 2015. Relatedly, on March 25 during the U.S. Senate's budget resolution debate, the Senate passed a non-binding amendment on the proposed rule by a vote of 59-40. The amendment would ensure that federal jurisdiction over water features is focused on "water quality," rather than regulation of roadside and irrigation ditches, storm water and wastewater systems or water delivery, reuse or reclamation systems. While the amendment is non-binding and would not stop implementation of the proposed rule, it could be a sign of the Senate's willingness to take up future legislation to withdraw the proposed rule. Chairman Jim Inhofe (R-Okla.) of the Senate Committee on Environment and Public Works is currently writing a bill to address the proposed "Waters of the U.S." rule.

COUNTY PENSION COLA BILL MOVES FORWARD  

 

On Apr. 1, the House Local Government Committee unanimously reported HB 239, sponsored by Rep. Keith Greiner (R-Lancaster), clarifying language in the County Pension Law to allow counties to grant a limited cost-of-living adjustment (COLA), keyed to just the most recent year. The vague language of current law, which obligates counties at least once every three years to examine whether to grant a COLA, has led to interpretation that any COLA must be retroactive to the last time a COLA was granted. For most counties, the COLA is infrequently granted, and so going back to the last COLA and compounding forward can yield an unsupportable increase in the benefit. The limited COLA under HB 239 would instead allow a county that has fund capacity to grant much-needed adjustments to monthly benefits without the adjustments being excessive and without the adjustments imperiling the solvency of the fund. 

 

The committee adopted two amendments to the bill, one which made the bill identical to SB 129, which has already received an actuarial analysis from the Public Employee Retirement Commission, and another which places into statute counties' current practice to obtain an actuarial review of any proposed COLA. The bill now moves to the full House for consideration

HOUSE PANEL ADVANCES TAX COLLECTOR LEGISLATION 

 

The House Local Government Committee recently reported House Bill 160, introduced by Rep. Ryan Mackenzie (R-Lehigh), which amends the Local Tax Collection Law to require any property tax payments collected be deposited in an account that includes the name of an office, title or position, but not the name of an individual. An amendment adopted by the committee clarified that a county treasurer who collects on behalf of municipalities due to vacancies would be permitted to have a single account to which payment of all taxes being collected could be made, provided that account does not include the name of an individual. In addition, the committee adopted an amendment addressing overpayment of taxes, requiring that tax collectors annually assure that overpayments be refunded and provide a report to each taxing district served detailing all overpayments that have not been able to be refunded. All amendments were approved unanimously, and House Bill 160 as amended was reported unanimously.

 

The committee was also expected to take up HB 823, containing an omnibus amendment to Act 164 of 2014, which mandates that tax collectors complete basic and continuing education, name a deputy to serve during an incapacitation, and submit criminal history checks with nominating petitions or papers. House Bill 823 would address several issues related to implementation that have arisen since Act 164 was signed into law last fall. However, the bill was postponed to allow for further amendments that would address concerns related to the cost and time involved with the mandatory education

ADMINISTRATION REQUESTS INFORMATION ON "PAY FOR SUCCESS" OPPORTUNITIES 

 

On March 25, Gov. Wolf announced that the state has released a Request for Information to obtain feedback to assist in developing its proposal for Pay for Success financing. In the Pay for Success model, governments partner with private investors who provide up-front funding to service providers, and receive a repayment from the government only if benchmarks for savings and benefits are achieved. The Governor's FY 2015-2016 budget proposal includes a recommendation that the commonwealth be enabled to enter into Pay for Success contracts, identifying high-priority areas in early childhood care and education; education, workforce preparedness and employment; public safety, including programs that reduce recidivism; health and human services, including addiction treatment, chronic homelessness, supportive housing and child welfare; and long-term living and home- and community-based services.

 

The Commonwealth is inviting service providers and other stakeholders to furnish information related to what policy areas could be candidates for contracts, what outcomes should be prioritized, opportunities to partner with local governments, and other considerations. The information requested by the commonwealth can be reviewed at www.emarketplace.state.pa.us, by clicking on Solicitations and searching for solicitation # OB 2015-1All responses are due by May 8, 2015, and the responses will be posted for public review on June 4, 2015

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Contact Us: Douglas E. Hill Executive Director, CCAP