Number 17

August 17, 2018

www.pacounties.org

Twitter: @PACountiesGR 

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

 

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CCAP BOARD APPROVES RESOLUTION SUPPORTING ASSESSMENT REFORM TASK FORCE       
The CCAP Board of Directors adopted a resolution at its Aug. 5 meeting commending the work of the Local Government Commission's Assessment Reform Task Force and its work to improve the property assessment process. CCAP and its affiliate, the Assessors Association of Pennsylvania (AAP), were actively involved with the Task Force, along with representatives of the Department of Revenue, the Department of Community and Economic Development, and others.
 
The Board specifically adopted and recommended to the CCAP membership the resources and tools developed by the Task Force as best practices for counties. The resources include data collection standards to promote complete and accurate collection of property characteristics, a model RFP and contracting guidelines for counties undertaking a reassessment, and a self-evaluation tool to assist counties in identifying key trends that may affect the fairness, equity and accuracy of property values.
 
The resources, as well as information about assessment related legislative proposals developed by the Task Force and sponsored by the Commission, are available on CCAP's Assessment Reform Task Force web page. Additional details about the Task Force are also included in the August County News mailed earlier this month.

HOUSE PANEL HOLDS HEARING ON SMALL CELL DEPLOYMENT   
On Aug. 9, the House Consumer Affairs Committee held a hearing on HB 2564, legislation proposed by Rep. Frank Farry (R-Bucks) that would limit local government regulation for siting wireless small cell facilities, with the intent of facilitating their deployment across the state.
 
CCAP submitted comments to the committee, acknowledging that HB 2564 is an improvement over previous bills, but expressing concerns regarding language that would limit the ability of local governments to regulate small wireless development in rights-of-way. In particular, counties remain concerned with language in the bill that would allow collocation of small cell facilities on utility poles and other structures in rights-of-way as a use by right not subject to zoning review or approval. A shortened review period and caps on permit application review fees are also likely to be challenging, especially for smaller municipalities. Ultimately, while local zoning codes and permit processes may need to be reviewed and updated to facilitate development of small cell infrastructure, these issues should be open to discussion among local governments and wireless providers to assure the best interests of neighborhoods and residents are met. CCAP also noted that although small cell infrastructure may bring more capacity to meet demand, it may not increase access to those who do not already have it.

Other local government associations expressed similar concerns at the hearing regarding capping fees, overriding local zoning regulations and shortening the time period for application review. Representatives of the wireless industry, in return, stressed the importance of wireless communications in Pennsylvania and noted their support for language in HB 2564 that they felt would streamline the process of deploying small cell infrastructure to accommodate the increased demand.
 
CCAP's comments can be found at www.pacounties.org by going to the Legislative Action Center and selecting Legislative Testimony.
STATE ADDRESSES ACT 80 COURT RULING   
In a decision handed down in July, the Pennsylvania Supreme Court ruled Act 80 of 2012 unconstitutional on procedural grounds, indicating the legislative process for the underlying bill, HB 1261, did not meet the requirements for passage of laws because the General Assembly failed to consider the bill on three different days in open session based on the way it was amended, and for subject alterations to the original title.
 
Act 80 contained omnibus amendments to the Public Welfare Code (now the Human Services Code) adopted in conjunction with the FY 2012-2013 state budget, including an end to the general assistance program for eligible recipients who were unable to earn an income for a limited number of reasons and for a limited amount of time. With the law now overturned, the state Department of Human Services has announced the general assistance program will be reinstated in September, and applications will be accepted either online through COMPASS or on paper at a county assistance office.
 
Act 80 is also important to counties for several reasons, but primarily because it created the Human Services Block Grant Pilot Program for 20 counties, later expanded as the Human Services Block Grant to 30 counties under Act 55 of 2013 and made available to all 67 counties under Act 153 of 2016. The Supreme Court's ruling did not find fault with the Human Services Block Grant as a policy, and it appears the subsequent enactments of Act 55 and Act 153 reanimated the language related to the block grant, with the exception of two provisions which do not impact its viability.

WOLF ANNOUNCES NEW AGRICULTURE PLAN   
During the Penn State College of Agricultural Sciences' annual Ag Progress Days, Gov. Wolf unveiled a strategic plan to strengthen Pennsylvania's agriculture industry in response to ongoing changes in the marketplace, building off recommendations in a report on economic impacts and future trends in the agriculture industry released earlier in 2018.

The strategy focuses on rebuilding and expanding infrastructure, including roads, bridges, ports, and broadband. It also addresses a number of areas related to workforce and economic development, such as reducing regulatory burdens, establishing business ownership and succession plans for farms and throughout the food system, and strengthening the current and future workforce. In addition, the strategy seeks to create more processing capabilities to accommodate a changing livestock and protein sector.
 
The overarching goal, though, is a vision to make Pennsylvania the nation's leading organic state, to match demand and opportunities in organic products and organic feed grains and using the state's existing PA Preferred program to emphasize the commonwealth's history and reputation of quality and innovation as well as capitalize on marketing opportunities.
 
At the same time, Agriculture Secretary Russell Redding announced a plan designed to guide the state's dairy industry toward growth, laying out goals and recommendations around better use of existing funding for research, identification of economic development opportunities and incentives for farmers to upgrade operations. The dairy development plan can be found at agriculture.pa.gov.
NATIONAL, LOCAL ELECTION CYBER EXERCISE HELD  
The state's newly created interagency workgroup focused on strengthening election security protections and maintaining integrity for Pennsylvania's elections participated in a three-day tabletop exercise the week of Aug. 13. Staff from ten state agencies and ten counties, along with numerous other states, joined in the exercise, which was organized in collaboration with the Department of Homeland Security and designed to assist election, information technology and security personnel in training for cyber incident response.
 
The exercises simulated scenarios that could impact voting operations, and offered information about state and federal resources available to assist in the event of an incident. Acting Secretary of the Commonwealth Robert Torres noted that while Pennsylvania already has robust protections and defenses in place to assure the integrity of the state's elections, the exercise allowed testing of response plans and practice among state and county officials in putting emergency plans into operation.

The interagency workgroup brings together eight state agencies and offices, under the chairmanship of Secretary Torres and John MacMillan, Deputy Secretary for Information Technology and Chief Information Officer under the Office of Administration. Members also include the Office of Homeland Security, the Pennsylvania Emergency Management Agency, the State Police, the Office of State Inspector General and the Department of Military and Veterans Affairs. The workgroup plans to collaborate on increasing security resources, training, support, information sharing and preparation at all levels of election administration, and will hold several community forums across the state.
NACO/CCAP COMMITTEE NOMINATIONS OPEN
CCAP members who want a voice in shaping NACo and CCAP policy are encouraged to submit their name to be considered for appointment to a policy committee. The committees, which cover a broad range of issues related to county government, give members an opportunity to review and offer input on policy matters and legislation at the state and federal levels.
 
For more information and to complete the form for a CCAP committee, go to www.pacounties.org and select Boards and Committees under the About Us tab, then click "Committee Interest." To be considered for a NACo steering committee, visit www.naco.org and select Policies and Committees under the Advocacy tab, then "Get Involved."
AUGUST PRIORITIES STATUS REPORT AVAILABLE
Counties selected seven priorities for 2018, including human services funding and system reform, preventing substance abuse and drug overdose, funding for voting systems and mandate reform, among others. An update on counties' progress on these priorities has been posted at www.pacounties.org, by selecting Priorities under the Government Relations tab.
VOTING MATTERS
On Aug. 14, each CCAP voting member was emailed an electronic ballot containing the proposed policy resolutions for 2018 that were reviewed by the delegates at the Aug. 7 business meeting of the CCAP Annual Conference. The member vote taken by electronic ballot will constitute final action on each resolution. Under the CCAP bylaws, the electronic ballot remains open for 10 days, and so will close at 8 a.m. on Aug. 24. Questions can be directed to [email protected].