OML UPDATE AT-A-GLANCE
Here are the top three things you need to know from this past week:
• As of Wednesday, 142 of the 143 litigating local governments have agreed to the OneOhio opioid settlement. In order for any deal to be considered, a minimum of 96% of local entities needed to agree to be included in the settlement. However, this does not guarantee that the distributors will pay out the $808 million settlement as the companies must still agree to the deal. Read more in the article below.
• The Ohio Redistricting Commission has announced the release of a new website that will allow for greater transparency and general public access to the redistricting process. The website includes a way for the general public to submit written testimony and their own redistricting maps, and includes a portal so people can watch commission meetings. The website also has a link to the Census data that the Commission is using as the basis for redistricting. The website can be found HERE. Read more about the redistricting process in the article below.
• This month, the U.S. Senate passed the bipartisan Infrastructure Investment and Jobs Act, a $1.2 trillion infrastructure package that includes $550 billion in new federal spending over five years for infrastructure across the country and is projected to create approximately 2 million jobs per year over the next decade. If signed into law, this legislation would invest over $11 billion in Ohio for a variety of infrastructure needs including roadways and bridges, public transit, public water systems and broadband. Read more about what funding Ohio can expect to receive in the article below
• Members should take note of several upcoming webinar opportunities. On Wednesday, August 25 at 1:00 p.m., the Public Entities Pool of Ohio (PEP) will be hosting a webinar entitled “Fair Employment Updates for Employers.” The webinar will discuss federal fair employment laws prohibit discrimination in the workplace in light of the coronavirus pandemic. Additionally, the League and the Ohio Municipal Attorneys Association (OMAA) are hosting three upcoming webinars entitled “Workers’ Compensation Issues Most Impacting Cities and Villages”, “Broadband: Technology, Regulation and Both State and Federal Funding”, and “Use of Economic Development Tools to Promote Affordable Housing.” Learn more in the articles below.
LOCAL GOVERNMENTS NEEDED FOR ONEOHIO OPIOID SETTLEMENT AGREEMENT REACHES REQUIRED NUMBER
As of Wednesday, 142 of the 143 litigating local governments have agreed to the OneOhio opioid settlement. In order for any deal to be considered, a minimum of 96% of local entities needed to agree to be included in the settlement. However, this does not guarantee that the distributors will pay out the $808 million settlement as the companies must still agree to the deal.
In 2019, Ohio negotiated OneOhio, the first state-local government allocation agreement concerning future opioid settlements. Through this agreement between our local governments and the state of Ohio, a negotiating committee and a mechanism for allocation and distribution of funds were established. This agreement led to Ohio being able to enter into a proposed Ohio-specific opioid settlement with the “Big Three Distributors”, McKesson, AmerisourceBergen, and Cardinal Health. Johnson & Johnson has yet to settle.
The proposed $808 million settlement would be divided among all municipalities, townships and counties, paid over 18 years according to a complicated formula. Approximately 30% of the settlement would be to local governments for opioid addiction treatment and prevention programs. 15% would cover legal costs for Ohio, and the rest would go to a foundation controlled by representatives from local government across the state.
We expect the final details regarding all local governments that have signed on to the deal. If distributors do not agree to the deal, a trial will begin on September 20. We will keep our members updated as information is made available.
NEW OHIO REDISTRICTING COMMISSION TO HOLD 10 PUBLIC MEETINGS ACROSS THE STATE
With the release of the 2020 Ohio population data by the U.S. Census Bureau, Ohio officials have begun the process of redrawing legislative and congressional maps for the state.
This is the first time the state will use new redistricting process created via constitutional amendements approved by Ohio voters, which changed the way officials draw district boundaries. A 2018 constitutional amendment created a seven-member Ohio Redistricting Commission that includes Governor Mike, DeWine, Secretary of State Frank LaRose, state Auditor Keith Faber and both republican and democratic legislators.
The commission must draw the boundaries for the state legislative districts. The Ohio legislature will draw the state’s congressional districts unless lawmakers cannot agree, in which case the commission must step in.
While federal law requires that each state receive its census information by March 31, this year the U.S. Census Bureau announced in February the data would not be made available until September 30 due to the COVID-19 pandemic. This delay would have forced officials to break Ohio law, which law designates September 1 as the first deadline to adopt a redistricting plan for the state’s legislative districts and September 30 as the first deadline for Congressional districts.
The delayed release of the data prompted a lawsuit from Ohio Attorney General Dave Yost, resulting in the federal government agreeing this past May to release critical census information to Ohio on August 12, more than a month earlier than previously announced, granting the state more of a chance to meet the constitutional redistricting deadlines.
According to Ohio law, if there is a deadlock on the state legislative district maps, the deadline can be extended to September 15. An impasse on the drawing of new Congressional district lines would allow the commission to attempt to reach a bipartisan plan by October 31. If this does not happen, the General Assembly has until November 30 to pass a redistricting plan.
Despite the short timeline, the commission is still holding the constitutionally required public meetings on redistricting. There will be 10 meetings held around the state between August 23 and August 27. Learn more about these meetings HERE. We will continue to keep our members updated as this process continues.
WHAT OHIO CAN EXPECT FROM THE $1 TRILLION FEDERAL INFRASTRUCTURE BILL
This month, the U.S. Senate passed the bipartisan Infrastructure Investment and Jobs Act, a $1.2 trillion infrastructure package that includes $550 billion in new federal spending over five years for infrastructure across the country, and is projected to create approximately 2 million jobs per year over the next decade. If signed into law, this legislation would invest over $11 billion in Ohio for a variety of infrastructure needs including roadways and bridges, public transit, public water systems and broadband.
The Infrastructure Investment and Jobs Act would allocate billions of dollars that would help ensure states and local governments across the nation can make those necessary investments. These allocations include:
· $40 billion of new funding for bridge repair, replacement, and rehabilitation
· $65 billion for broadband infrastructure expansion
· $39 billion of new funding for public transit
· $17 billion for port infrastructure and $25 billion for airports
· $50 billion to protect local communities against the impacts of extreme weather and cyber-attacks, with an investment of over $50 billion.
· $55 billion for clean drinking water in American history, including $15 billion in dedicated funding to replace lead service lines and mitigating chemical PFAS, also known as “forever chemicals”.
· $66 billion for rail projects, including $5 billion for rail improvement and safety grants and $3 billion for grade crossing safety improvements.
· $7.5 billion for a national network of chargers for electronic vehicles.
· $2.5 billion for zero emission buses, $2.5 billion for low emission buses, and $2.5 billion for ferries.
· $11 billion in transportation safety programs for states and local governments to help reduce crashes and fatalities in their communities.
Of these appropriations, Ohio would receive the following allocations:
· $9.8 billion for highway improvements
· $483 million for bridge repair and replacement
· $1.3 billion for public transportation initiatives to expand systems, improve accessibility for people with disabilities and provide dollars to state and local governments to buy zero-emission and low-emission buses.
· $100 million for broadband expansion
· $86 million for the Appalachian Development Highway System to meet infrastructure needs in Southeast Ohio
· $1.2 billion for water system improvements through the Clean Water State Revolving Fund program, which will help support municipal wastewater facilities and treatment systems
· $140 million to expand Ohio’s electric vehicle charging network
· $13 million to the Ohio State University and the Transportation Research Center in East Liberty for research and testing on zero-emission bus components
The bill also allocates tens of billions to fund competitive grant opportunities, which Ohio municipalities would be able to apply for and receive. These grant opportunities include:
· $1 billion in funding in the Great Lakes Restoration Initiative (GLRI)
· $12.5 billion to fund the new the Bridge Investment Act created by the bill, which will award competitive grants to certain government entities for projects that improve the condition of bridges.
· $5 billion for a new National Infrastructure Project Assistance grant program, which would assist with large projects such as the Brent Spence Bridge
· $7.5 billion for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program for certain road, rail, transit and port projects
· $8 billion for the Infrastructure for Rebuilding America (INFRA) grant program, which provides federal financial assistance to certain highway and freight projects
· $25 billion for investment in airports
We will continue to keep our members apprised as the big continues through the legislative process.
LEAD-SAFE HOME FUNDING AVAILABLE TO LOCAL COMMUNITIES
In 2019, Governor Mike DeWine established a statewide Lead Advisory Committee, a group of experts from public health, medicine, real estate, construction, local government, and others. The Committee was charged with developing recommendations aimed at preventing and treating lead poisoning and advising on the state’s efforts to abate and remediate lead contamination to protect Ohio’s children. The Lead Advisory Committee published its recommendations in January 2021 and included guidance that the State adopt a primary prevention approach to all sources of lead exposure and contamination.
Funding has been allocated in the FY22-23 state operating budget for the Lead-Safe Home Fund, and the Ohio Department of Health is seeking local partners to reduce lead exposure to children in high-risk communities through primary prevention activities conducted at the local level. The Ohio Department of Health has previously issued a Request for Proposals, and the deadline for submitting an RFP has been extended through August 26, 2021.
If you or any or your appropriate community partners are interested in applying for this funding opportunity, you can fund more information HERE.
LEAGUE AND OHIO MUNICIPAL ATTORNEYS ASSOCIATION (OMAA) AUGUST AND SEPTEMBER WEBINARS
On Thursday, August 26 at 11:00 a.m., the League and the Ohio Municipal Attorney’s Association (OMAA) will be hosting a webinar entitled “Workers’ Compensation Issues Most Impacting Cities and Villages.” The Ohio’s Firefighter Cancer Presumption law was enacted four years ago and PTSD legislation for first responders was passed last year. These laws impact cities & villages as much as any employer in the State. This webinar will discuss how cities & villages can investigate and respond to these claims. Learn more and register HERE.
Additionally, on September 9 at 11:00 a.m., the League and the OMAA are hosting a webinars entitled “Broadband: Technology, Regulation and Both State and Federal Funding.” Learn more and register HERE.
Finally, on September 23 at 11:00 a.m., the League and OMAA are hosting a webinar entitled “Use of Economic Development Tools to Promote Affordable Housing.” The presentation will discuss Ohio's growing affordable housing crisis and how Ohio's economic development tools can be used to support the development of affordable housing in your community. Learn more and register HERE.
PUBLIC ENTITIES POOL OF OHIO (PEP) TO HOST WEBINAR ON FAIR EMPLOYMENT UPDATES FOR EMPLOYERS
On Wednesday, August 25 at 1:00 p.m., the Public Entities Pool of Ohio (PEP) will be hosting a webinar entitled “Fair Employment Updates for Employers.” The webinar will discuss federal fair employment laws prohibit discrimination in the workplace as recent events, including the availability of COVID-19 vaccines, have added new complexities for employers. The session will cover the latest updates and the EEOC guidance and common employer questions and answers about these laws. Learn more and register HERE.
NEW BILLS OF MUNICIPAL INTEREST
· HB 385 – Water Pollution. Sponsored by Rep. Jon Cross (R – Kenton), would prohibit a municipal corporation located within the Western Basin of Lake Erie from discharging any amount of waste into Ohio waters.
· HB 388 – Vaccinations. Sponsored by Rep. Jordan (R – Ostrander), would prohibit entities including political subdivisions from taking certain actions against an individual because the individual refuses to be vaccinated against a disease.
