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        Number 11
 May 29
, 2015

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

 

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SENATE BEGINS REVIEW OF HB 911

  

On May 26, the Senate Veterans Affairs and Emergency Preparedness Committee held its second hearing on 911 services system reform and funding, CCAP's top priority for 2015, with a plan to move HB 911 in early June.

 

CCAP Executive Director Doug Hill testified before the committee as part of a panel that included Rick Flinn, director of the Pennsylvania Emergency Management Agency (PEMA), and representatives of PA APCO/ NENA, Verizon and AT&T. Committee chair Sen. Randy Vulakovich (R-Allegheny) walked through the main points of a comprehensive amendment he is drafting to the bill, including the funding mechanism and how it would be used by counties and PEMA, how to assure the 911 system is operating efficiently and improving technological capability, and the makeup and responsibilities of the bill's 911 Board.

 

In response to concerns that Pennsylvania already has a relatively high 911 fee compared to other states, Hill noted that in the original 1990 law, state lawmakers made a policy choice to fund the system from the 911 fee, and no dollars are provided from the state's general fund. In other states, he explained, the state general fund, municipalities and sometimes communications companies themselves also bear part of the costs, so looking at the fee in and of itself does not mean that Pennsylvania has a more expensive system. Hill also pointed out that based on the FCC's newly updated 911 Master PSAP Registry, nationally there is an average of one Public Safety Answering Point (PSAP) for every 54,000 people, while in Pennsylvania there is one PSAP for every 185,000 people, demonstrating counties' commitment to creating and maintaining an efficient and cooperative system.

 

Flinn expressed his concern that the current fee structure does not touch every device that can contact 911 and said that he believes broadband is the key to future funding sufficiency. Hill concurred, and noted that HB 911 requires PEMA and the 911 Board to study and make recommendations on funding which could open the door for consideration of a fee system based on broadband.

 

The committee also solicited feedback on a proposal offered by Sen. Bob Mensch (R-Montgomery) to provide a 911 funding alternative authorizing counties to impose a fee per occupied housing unit of up to $52 annually, coupled with a sliding scale per-employee fee assessed against businesses, and phasing out the current subscriber fees over three years. Counties have not supported the alternative; because 911 is a communications-driven service, communications subscriber fees have the closest funding nexus and should remain the primary funding source. Several committee members felt the concept could be studied as a future option. 

Additional information about the legislation, including proposed Senate amendments, legislative testimony and county talking points, is available on CCAP's 911 Funding and System Reform web page.

GENERAL ASSEMBLY TO START BUDGET PROCESS

 

State lawmakers will return to the Capitol on June 1, when the House will begin the legislative process of moving a state budget to the Governor's desk in advance of the June 30 deadline. In mid-May, House Appropriations Committee chair Rep. Bill Adolph (R-Delaware) filed HB 1192 as a vehicle, essentially the enacted FY 2014-2015 budget with a few additions to restore funding that was shifted to special funds in the current fiscal year, and not reflecting any legislative budget proposal at this time. House members have been invited to offer amendments to be debated on the House floor the week of June 1, although it is expected that none of these amendments will contain a comprehensive proposal but instead will offer an opportunity for legislators to discuss specific line items of individual interest.

 

Counties continue to share with legislators and the administration their concerns about the unsustainability of further cuts to county-based human services programs. Over the past 12 years, counties have seen a steady decline in funding support from state and federal sources at the same time they are experiencing increasing caseloads and seeing more complex service delivery problems. On top of this ongoing trend, county Human Services Block Grant lines were reduced by 10 percent in FY 2012-2013, a cut that has been maintained in the two subsequent fiscal years. As a priority for 2015, counties support the inclusion of the Governor's proposed three-year restoration of the $86 million in the final FY 2015-2016 budget. Restoration, including a first-year increase of $28 million, is critical to address historic underfunding patterns.

 

Additional analysis of the FY 2015-2016 budget and impact on county human services line items are available on the CCAP Budget News and Updates web page. 

CLEAN AND GREEN BILL CLEARS HOUSE COMMITTEE 

 

The House Agriculture Committee has unanimously reported HB 806, sponsored by committee chair Rep. Martin Causer (R-McKean), amending the state's Clean and Green Law, a preferential tax assessment program that bases property taxes on use values rather than fair market values for eligible properties, typically resulting in a tax reduction for landowners.

 

Currently, a county may choose whether to maintain use values from year to year, or to adopt new use values on an annual basis. Due to changes in use values over time, use values on some properties have ended up being higher than the fair market values, negating the tax reduction intended by the law. House Bill 806 would require county assessment offices to apply whichever value is lower - use or fair market. While counties appreciate the premise of the bill, they report that properties within the same use in the county are not uniformly above or below market, and so the legislation's requirement of applying the lower value on each property results in two sets of values being applied to properties in the same class, violating the Uniformity Clause of the state Constitution.

 

Additionally, at the request of CCAP, an amendment was adopted in committee that would require counties to maintain "base year" use values between countywide reassessments. Counties that have been changing their values on an annual basis would freeze their use values at current levels until the time of the next countywide reassessment. In this way, use values would more closely reflect the difference in values in the year the underlying market value was determined, which in the long term should eliminate the likelihood that use values would ever become higher than market values

FINAL WOTUS RULE RELEASED 

 

On May 27, the U.S Environmental Protection Agency and Army Corps of Engineers released the final Waters of the U.S. (WOTUS) rule, more than a year after the rule was originally proposed and following the submission of more than one million public comments. The final rule makes several changes to the proposed WOTUS definition, including additional detail regarding tributaries and adjacent waters which would be subject to federal regulation.

 

However. legislation jointly introduced by Congressman Bill Shuster (R-PA), chair of the House Transportation and Infrastructure Committee, and Water Resources and Environment Subcommittee Chair Bob Gibbs (R-OH), to halt progress of the proposed WOTUS rule, or withdraw a final rule, was approved by the U.S. House on May 12 by a 261-155 vote. H.R. 1732, the Regulatory Integrity Protection Act of 2015, would require the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to withdraw the WOTUS rule within 30 days and to rewrite a new proposed rule after consultation with state and local governments. The White House has issued a veto threat for H.R. 1732.

 

A similar bill, S. 1140, the Federal Water Quality Protection Act, was introduced in the Senate to stop and restart the rule-making process and require the agencies to work more closely with state and local governments in a rule rewrite. A subcommittee of the Senate Committee on Environment and Public Works held a hearing on the bill May 19. In addition, the House's FY16 Energy and Water Appropriations bill targets the WOTUS rule by prohibiting any Corps funding to be used for implementing and administering the rule. The House's FY16 Interior appropriations bill is likewise expected to contain similar restrictions on EPA funding. A Senate Appropriations subcommittee markup is planned for June 16 for the annual spending bill that funds the Interior Department and the EPA, and consideration of an amendment to block funding for the WOTUS rule is expected.  

SEN. CASEY PROPOSES AID TO LOCAL BRIDGES 

 

On May 11 U.S. Sens. Bob Casey (D-PA) and Roy Blunt (R-MO) unveiled S. 1370, the Support for Bridges Act, that would increase funding for off-system bridges, primarily those that are owned by counties and municipalities. As part of the 2012 federal transportation law, known as MAP-21, Sen. Casey successfully pushed to restore language requiring states to continue providing off-system bridge funding from the federal highway funds they receive, resulting in $74 million in bridge repair for Pennsylvania in FY2013 and FY2014. S. 1370 would make this provision permanent and restore funding for aging bridges across the nation. 

 

Separately, Congress has approved a two-month extension of MAP-21, which was set to expire May 31. The legislation, H.R. 2353, sponsored by Transportation and Infrastructure Committee Chair Bill Shuster (R-PA) and House Ways and Means Committee Chair Paul Ryan (R-WI), would keep the Highway Trust Fund solvent through July 31. Media reports indicate President Obama has promised to sign the extension provided Congress continues to work on a longer-term highway bill.

CCAP RESOLUTIONS PROCESS 

 

CCAP policy committees will be holding their annual conference call meetings to consider resolutions amending the PA County Platform throughout the month of June, in anticipation of a membership discussion and vote in conjunction with the CCAP Annual Conference in early August. County officials are encouraged to review the Platform and to send any proposed resolutions to CCAP Government Relations staff or discuss with policy committee chairs.

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Contact Us: Douglas E. Hill Executive Director, CCAP