|
|
| |
|
RESOLUTIONS AND PLATFORM REVISIONS
Under the Association's policy procedure, resolutions were considered at the 2018 CCAP Annual Conference business meeting on Aug. 7, and then were submitted to the full CCAP membership by electronic ballot. Balloting opened on Aug. 14 and closed on Aug. 24. The adopted resolutions amend the Pennsylvania County Platform, the Association's cumulative policy statement. The resolutions and the Platform are available on the Government Relations page of the CCAP website,www.pacounties.org, by clicking Policy.
|
|
CCAP, COUNTIES SUBMIT COMMENTS ON PROPOSED OVERTIME REGULATIONS
In June, the Department of Labor and Industry published proposed regulations to increase the salary level used to determine overtime eligibility, triggering a public comment period that ended Aug. 22. CCAP submitted comments on behalf of its members outlining the potential impacts the proposal could have on counties.
Specifically, the Department is proposing to increase the state's overtime eligibility threshold from the federal minimum of $23,660 annually to $31,720 on Jan. 1, 2020, $39,832 on Jan. 1, 2021 and $47,892 in 2022. CCAP noted that many counties employ individuals in positions that are not currently considered eligible for overtime pay, but would become newly eligible under the proposal. This could substantially increase costs to counties in the first year alone due to the number of individuals who would now be entitled to overtime pay, many of whom are engaged in human services such as child welfare, mental health and intellectual disabilities services, long-term care and substance abuse programs.
However, resources to provide these critical services are already stretched thin, with county capacity to meet service needs already being compromised by a steady decrease in state and federal funding. Unless the commonwealth were to appropriate additional funding to cover any increased staffing costs incurred under the proposed regulations, it would fall to counties either to pick up the difference and make the difficult decision to increase property taxes, or to face the prospect of cutting staffing levels, work hours and ultimately critical programs for Pennsylvanians.
CCAP also acknowledged that the definition of "employer" in state law and regulations and subsequent interpretations may make it unclear whether counties would be subject to the regulations, and urged the Department to specifically exempt political subdivisions from the definition so there is no confusion about their applicability.
CCAP's full comments can be found at www.pacounties.org by going to the Legislative Action Center and selecting Legislative Testimony. Several counties have also submitted comments expressing their individual concerns with the impacts related to the proposed regulations, which can be found in conjunction with the proposal at www.irrc.state.pa.us by searching IRRC number 3203.
The House Labor and Industry Committee will hold a hearing on the Department's overtime proposal on Sept. 5 at the Capitol; CCAP plans to submit similar comments to the committee outlining county concerns.
|
|
SUPREME COURT RULES ON DIRECT
CARE ORDER
The state Supreme Court recently determined that Gov. Wolf may implement his 2015 executive order to create an Advisory Group on Participant-Directed Home Care and recognize an elected representative for direct care workers to hold meetings and conference sessions with state officials.
The 5-2 decision overturns an earlier Commonwealth Court ruling that found the executive order was "de facto legislation" that violated the separation of powers. The Supreme Court instead ruled that the order is not legally enforceable and does not convey collective bargaining rights to home care workers, and therefore is a permissible exercise of gubernatorial power.
The National Labor Relations Act does not recognize domestic workers, which includes direct care workers, and state law expressly excludes direct care workers from collective bargaining. Gov. Wolf's order acknowledges that it should not be construed to create collective bargaining rights or a collective bargaining agreement, nor does it grant direct care workers the status of commonwealth employees; the Supreme Court agreed that the order simply provides a process for government to have discussions with stakeholders regarding home service care concerns.
The case has been remanded back to Commonwealth Court to further review an issue related to the privacy of individuals whose names and addresses may be shared on direct care worker lists.
|
|
CHESAPEAKE EXECUTIVE COUNCIL PLEDGES HELP FOR FARMERS
In early August, the governors of the states that make up the Chesapeake Bay watershed, including Pennsylvania, signed a directive in their capacity as the Chesapeake Executive Council urging each state to increase stable, sustainable technical and strategic conservation assistance to farmers across more than 83,000 farms located in the watershed.
The affected states are in the process of developing their Phase 3 Watershed Implementation Plan to reduce levels of nitrogen, phosphorus and sediment to the Bay by 2025, looking at ways to reduce nutrients from multiple sources including the agricultural sector. While clean-up efforts have led to progress, the Council recognized that reductions in nitrogen pollution have been lagging, with most of the reductions to date coming from upgrades to wastewater treatment plants. Much of remaining nitrogen reductions will need to come from agriculture, creating a need for guided assistance to improve runoff control practices.
Recognizing the lack of trained individuals to aid farmers in the design and implementation of practices such as stream buffers, the directive calls on states to work in partnership with private and non-profit sectors to expand the network of trained professionals and streamline certification programs. The governors also signed a letter to Congress supporting increased Farm Bill funding for key conservation programs used by Bay region farmers
.
|
|
WATERS OF THE U.S. RULE NOW EFFECTIVE IN PA
The 2015 federal Waters of the U.S. rule is now effective in 26 states, including Pennsylvania, following an injunction issued by a federal judge in the District of South Carolina. The term "Waters of the U.S." is a key phrase used in the federal Clean Water Act (CWA) to determine what waters fall under federal CWA, rather than state, oversight.
U.S. District Judge David Norton ruled in favor of a challenge from the Southern Environmental Law Center (SELC) regarding the Trump Administration's regulatory efforts to delay implementation of the rule, which were released Jan. 31. The SELC argued that the administration violated the Administrative Procedure Act by failing to seek comment on the delay. As such, Norton's injunction means the 2015 rule now applies in 26 states; for the remaining 24, injunctions issued by federal district courts in North Dakota and Georgia on the original rule remain in place that prevent it from going into effect. The federal government has asked the District Judge to delay the effect of his decision as it works to finalize its repeal rule.
In addition, litigation is pending in a federal court in Texas that could result in a nationwide injunction of the Waters of the U.S. rule, again staying its implementation across the entire country. Louisiana, Mississippi and Texas have since asked the judge in that case to take steps to impose the nationwide injunction.
|
|
NEW LAW TO STRENGTHEN LITTER ENFORCEMENT
Legislation signed into law in late June will increase penalties for littering and offer local governments the ability to petition to have certain roadways designated as litter enforcement corridors. Act 62 of 2018, originally SB 431 introduced by former CCAP member Sen. Mario Scavello (R-Monroe), mandates community service for littering violations, in addition to increased fines. Litter enforcement corridors can be designated by PennDOT along a state highway; political subdivisions may also petition PennDOT for a corridor designation along a state highway in its jurisdiction, and designate any local road as a corridor if it has received written complaints about littering and can demonstrate a need to create a corridor.
Vehicles are required to yield the right-of-way to an authorized vehicle or pedestrian working in a litter enforcement corridor, and fines for littering in a corridor are doubled.
The new law takes effect six months after its effective date of June 28.
|
| COMMENTS OFFERED ON DRAFT PA SOLAR PLAN
In response to the draft Solar Future Plan for the state released by the state Department of Environmental Protection in July, CCAP has submitted comments reflecting the need for counties to be part of the conversation, specifically related to discussions around land use, economic development and tax incentives. CCAP's full comments can be found at www.pacounties.org by going to the Legislative Action Center and selecting Legislative Testimony.
|
|
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."
|
|
| |
|
