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Number 2
January 22, 2016

www.pacounties.org

LEGISLATIVE BULLETIN

An e-newsletter of the County Commissioners

Association of Pennsylvania

Serving Counties Since 1886

In This Issue

Questions Remain With FY 2015-2106

CCAP Resolution Recognizes Providers

President Vetoes Attempt to Overturn Wotus Rule

Legislators Announce Retirements

Agencies Unveil Chesapeake Bay "Reboot"

WIOA Draft State Plan

2016 County Priorities to be Announced

Statewide Referenda on April Ballot

NACO Legislative Conference

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QUESTIONS REMAIN WITH FY 2015-2016 BUDGET

While an enacted FY 2015-2016 commonwealth budget is now in place, many questions remain regarding funding for several programs, as well as other budget-related legislation. In signing HB 1460 to generally provide a 12-month, $30.2 billion budget, Gov. Wolf also exercised his line item veto to reduce funding for public schools and state prisons to about six months of funds, and cut several programs within the Department of Agriculture and other agencies.

Also pending is funding for Pennsylvania's state-related universities, which requires separate legislative action. While the state House of Representatives brought up several bills to do so when it returned to session on Jan. 11, those bills failed to achieve the required two-thirds vote (unlike the simple majority needed to approve the general appropriations bills), leaving that funding in limbo. For its part, the following week the Senate moved forward with legislation, SB 1106, to provide the remaining six months of funding for the Department of Corrections, reporting the bill from the Appropriations Committee and positioning it for a floor vote the week of Jan. 25.

Also outstanding are amendments to the Fiscal Code, which contains language implementing the commonwealth budget and is traditionally approved along with the appropriations bill each year. The current bill, HB 1327 , was amended by the House, largely to change language relating to the way funds are allocated among the state's public schools, and then sent back to the Senate on a 111-81 vote. The Senate has not yet scheduled action on the Fiscal Code amendments, and it is not clear when or if it may do so.

The bill is important for counties because it contains language implementing the children and youth rebalancing initiative; while counties remain opposed to the initiative, the Fiscal Code language attempts to address issues related to statutory requirements and counties' ability to plan for a full year of funding by creating a special process for Department of Human Services certification of the funds. Earlier versions of HB 1327 had also included state reimbursement to counties, municipalities, school districts and nonprofit organizations for recovery of interest costs incurred during the impasse, but that language is omitted in the version currently pending before the Senate.

Gov. Wolf will present his FY 2016-2017 budget address to the General Assembly on Feb. 9, and CCAP will be providing members with information on where to view the budget address as well as analysis of line items impacting county programs on CCAP's Budget News and Updates web page.

CCAP RESOLUTION RECOGNIZES PROVIDERS

At its January meeting, the CCAP Board approved a resolution recognizing the sacrifices made by human services provider agencies to assure clients felt no harm during the budget impasse. Counties contract with these agencies to provide many essential services, such as child welfare and protective services, mental health, intellectual disabilities, substance abuse treatment and others. The cessation of state and federal funding during the impasse created cash flow issues for counties, in many cases preventing them from making ongoing payments to providers. Despite these significant financial challenges, service providers, often with the support of community foundations, demonstrated exemplary commitment to serving commonwealth residents, and the Board by way of the resolution extended its appreciation to these unsung heroes. The full resolution can be viewed at www.pacounties.org.

PRESIDENT VETOES ATTEMPT TO OVERTURN WOTUS RULE

On Jan. 19, President Obama vetoed Senate Joint Resolution 22, which would have repealed the controversial Waters of the U.S. (WOTUS) rule. The House of Representatives had passed the resolution just the week before on a vote of 253-166, following Senate approval in November by a 53-44 vote.

The resolution used the Congressional Review Act to stop the WOTUS rule and prohibit the Environmental Protection Agency (EPA) and Army Corps of Engineers from using any "substantially similar" provisions in future WOTUS rulemakings. It is a rare procedural move, used successfully only once, that allows Congress to overturn any major federal rule.

Although Senate Majority Leader Mitch McConnell (R-Kentucky) immediately filed to attempt an override vote in that chamber, the Jan. 21 vote to proceed fell short of the 60 needed, failing 52-48.

WOTUS challenges have been filed by 31 states and other private parties in separate district and federal appeals courts. The pending appeals court cases have been merged in the 6^th Circuit Court of Appeals, which in December heard oral arguments on whether it has the authority to hear the case. That decision is expected in several months. In the meantime, a federal appeals court has ordered the EPA and Corps to temporarily delay the nationwide implementation of the WOTUS rule until jurisdiction can be determined.

LEGISLATORS ANNOUNCE RETIREMENTS

This year all 203 House members and half of the Senate's 50 members (those in odd-numbered districts) will be on the ballot for the term that begins in January 2017. With the first day to circulate petitions coming up on Jan. 27, a number of legislators have already announced that they will not be seeking re-election. At press time, Senate members who have announced retirement at the end of 2016 are Sen. Pat Vance (R-Cumberland) and Sen. Shirley Kitchen (D-Philadelphia). Representatives not seeking re-election as of press time include Rep. Bill Adolph (R-Delaware), Rep. Julie Harhart (R-Northampton), Rep. Sandra Major (R-Susquehanna), Rep. Peter Daley (D-Washington), Rep. John Payne (R-Dauphin), Rep. Dwight Evans (D-Philadelphia), Rep. Nick Kotik (D-Allegheny), Rep. Mauree Gingrich (R-Lebanon), and Rep. Mike Vereb (R-Montgomery).
Also, several legislators elected to other offices in the November election have resigned, leaving vacant seats in both the House and Senate. A special election to replace Reps. Cherelle Parker (D-Philadelphia), Tim Krieger (R-Westmoreland) and Louise Bishop (D-Philadelphia) will take place on March 15, and a special election to replace Sen. Dominic Pileggi (R-Delaware) will be concurrent with the primary election on April 26.

AGENCIES UNVEIL CHESAPEAKE BAY "REBOOT"

To meet Pennsylvania's obligations to improve water quality in the Chesapeake Bay watershed, three state agencies have announced a "reboot" strategy aimed at improving local water quality, and ultimately the Bay. Department of Environmental Protection (DEP) Secretary John Quigley, Agriculture Secretary Russell Redding and Conservation and Natural Resources (DCNR) Secretary Cindy Dunn provided details of the new plan on Jan. 21, developed in conjunction with the State Conservation Commission and other stakeholders.

The plan has six elements, focused around inspection and enforcement of manure management and erosion and sedimentation plans by conservation districts, quantifying undocumented best management practices that are already on the ground, and improving data systems that will ensure maximum credit toward Bay goals. The reboot plan also seeks to identify legislative, regulatory or programmatic changes to provide needed tools and resources, establish a DEP Chesapeake Bay Office, and obtain additional resources for water quality improvement. DCNR will also lead a riparian forest buffer initiative to help the state meet a goal of 95,000 additional riparian buffer acres by 2025.

More information about the reboot plan can be found at www.dep.pa.gov by clicking on Chesapeake Bay Office under Top Pages.

WIOA DRAFT STATE PLAN

The state Department of Labor and Industry is currently accepting public comment on its proposed Workforce Innovation and Opportunity Act (WIOA) Combined State Plan. The federal WIOA was signed into law by President Obama in July 2014, and requires states to make changes to their workforce systems. Pennsylvania's draft four-year plan could impact counties through its direction to the Department to develop, facilitate and provide updated training curricula for CareerLink centers and Local Workforce Development Board officers. Additionally, in the coming years, Pennsylvania will be required to examine its 23 local workforce development areas and determine what is working well and what could be improved. Counties are invited to submit comments to RA-LI-PAWDB@pa.gov by Feb. 1. The Combined State Plan and additional information is available on the Department's web site.

2016 COUNTY PRIORITIES TO BE ANNOUNCED

On Monday, Jan. 25, CCAP officers will unveil county 2016 legislative priorities with a press conference at 2 p.m. at the state Capitol in Harrisburg. Fact sheets, talking points and other details on the priorities will be available at www.pacounties.org beginning on Jan. 25.

STATEWIDE REFERENDA ON APRIL BALLOT

The Department of State has provided public notice of two proposed amendments to the Pennsylvania Constitution that will appear on the ballot for a referendum vote at the April 26 primary election. Joint Resolution 2015-1 would increase the mandatory retirement age for judges from 70 to 75, while Joint Resolution 2015-2 would abolish the Philadelphia Traffic Court. The public notice includes the ballot question as well as the plain English statement provided by the Office of Attorney General. Constitutional amendments require the approval of the General Assembly in two consecutive sessions followed by voter approval.

NACO LEGISLATIVE CONFERENCE

The National Association of Counties Legislative Conference will be held in Washington, D.C. on February 20-24, 2016, including sessions on a broad range of federal issues. NACo's policy committees will also meet during the Conference, and attendees will have time for visits to Capitol Hill. The Conference agenda and online registration information are available on the NACo website, www.naco.org.

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