Number 16

August 2, 2019

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LEGISLATIVE BULLETIN
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County Commissioners 
Association of Pennsylvania

 

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GOV. WOLF ISSUES ORDER ON PROTECTION OF VULNERABLE POPULATIONS   
On July 31, Gov. Wolf signed an executive order to create an Office of Advocacy and Reform as well as a Council on Reform to begin an overhaul of systems that help Pennsylvanians most in need of protection and care.
The Office of Advocacy and Reform will be maintained by the Governor's office, and will include a new Child Advocate position and integration of the Long-term Care Ombudsman. The Council on Reform will include 25 voting members appointed by Gov. Wolf to look at prevention and diversion, protection and intervention, and justice and support, with a Nov. 1 deadline to make recommendations. Each focus will identify reforms needed for Pennsylvania to better protect and support individuals relying on protective services and assistance.
State agencies are also being tasked to pursue reductions in institutionalization of children and adults and transition to home- and community-based services. They will also look to implement a statewide child welfare case management IT system and launch an incident management IT system to be shared across multiple human services and health departments to increase data sharing. Other tasks will include establishing sustainable housing and long-term services and supports for individuals exiting the corrections system with nursing facility level-of-care needs.
CCAP Deputy Director Brinda Penyak has been appointed to the Council, given the counties' role as a critical partner in the provision of human services, from child welfare to mental health and substance abuse services to long-term care to housing and other supports. Counties' strong collaborative efforts in delivery of protective services to vulnerable populations will benefit from a thorough review and potentially new ways of providing services, and counties appreciate the opportunity to work together with state officials in developing solutions.
NACO TESTIFIES ON INTERGOVERNMENTAL PARTNERSHIPS
Counties and their state and federal partners can achieve optimal solutions and serve our citizens by working together, NACo executive director Matt Chase recently told a Congressional subcommittee.
In the previous Congress, the Speaker's Task Force on Intergovernmental Affairs held hearings and briefings to explore concepts to improve intergovernmental relationships. As a follow up to that work, the Subcommittee on Government Operations under the Committee on Oversight and Reform held the July 23 hearing to further examine the state of federalism and how Congress can improve processes.
Chase noted that in recent decades there has been a significant decline in a structured, intentional dialogue and partnership among the levels of government. In addition, federal agencies do not operate consistent processes, which makes it difficult for state and local governments to navigate the federalism process. A new pathway for intergovernmental relations is needed, Chase told the subcommittee, and should also include the private, nonprofit, philanthropic and academic sectors.
NACo supports a new, modern, national commission for advancing and facilitating improved intergovernmental relations, based on lessons learned from the Advisory Commission on Intergovernmental Relations that operated from 1959 to the mid-1990s. Emerging issues such as cybersecurity and the opioid crisis make a neutral forum of this sort of particular importance, and a new commission would help create a much-needed sense of governmental cooperation. Chase's testimony is available at www.naco.org.
U.S. HOUSE PASSES ELECTION SECURITY LEGISLATION       
The U.S. House of Representatives passed the Securing America's Federal Elections (SAFE) Act in late June by a 225-184 vote, but its future in the Senate remains uncertain, with leadership there signaling it gives the federal government too much authority over local election administration.
The legislation, H.R. 2722, authorizes $600 million in FY2019 and an additional $175 million in every even-numbered year through 2026 for states to replace aging voting systems, make security upgrades and meet the bill's mandates. Those mandates include a move to voter-verified paper ballots (which Pennsylvania counties are already required to do by the April 2020 primary under the Stein settlement agreement), hand recounts of federal elections and risk-limiting post-election audits.
In addition to the SAFE Act, the minority side of the U.S. House Administration Committee has introduced election security-related legislation, H.R. 3412, the Election Security Assistance Act, which removes many of the mandates but reduces funding to a one-time appropriation of $30 million for FY2020. The Senate is also considering separate election-related legislation, though the path forward is unclear.
HOUSE FORMS TRANSPORTATION AND INFRASTRUCTURE TASK FORCE   
House Majority Leader Rep. Bryan Cutler (R-Lancaster) recently announced the creation of the House Republican transportation and infrastructure task force, to be chaired by Rep. Martina White (R-Philadelphia), who current serves on the House Transportation Committee as chair of the Subcommittee on Public Transportation.
The Task Force will examine Pennsylvania's current transportation infrastructure and how it can be improved for future needs, such as accommodating the demands of expanding industries and a growing economy. It will also examine how state funds can serve security and state police needs. Former CCAP member Rep. Jonathan Fritz (R-Wayne) will serve as a member of the Task Force.
Relatedly, Congress has also begun to turn its attention to transportation needs, with the U.S. Senate Environment and Public Works Committee releasing draft surface transportation reauthorization legislation for FY 2021-2025 on July 29. The current federal FAST Act expires in September 2020.
The Committee's America's Transportation Infrastructure Act (S. 2302) is a five-year reauthorization that would authorize $287 billion in funding from the Highway Trust Fund, an increase over the FAST Act levels. The bill would retain the off-system bridge set-aside, which requires at least 15 percent of a state's Surface Transportation Block Grant to be directed to non-federal bridges such as those owned by local governments, and also authorizes more than $6 billion over five years for a new competitive bridge program. Other new grants would be authorized for resilient infrastructure projects and transportation safety projects aimed at reducing fatalities for non-motorized users such as bicyclists and pedestrians.
It is not yet clear when the remaining three U.S. Senate committees of jurisdiction over surface transportation will act; the U.S. House Committee on Transportation and Infrastructure will also develop its own version of the surface transportation reauthorization.
SUNSHINE LAW AMENDMENTS CONSIDERED
Among other bills considered in the General Assembly during the June session, the House State Government Committee reported HB 1069, introduced by Rep. Aaron Bernstine (R-Lawrence). The legislation would amend the Sunshine Act to require agencies, including counties, to post meeting agendas at least 24 hours prior to the time of the meeting with a listing of agency business that will or may receive consideration or action by the governing body. Additionally, the bill would prohibit agency action on business that was not included in the agenda notification unless that action meets certain qualifications.
Former Lycoming County Commissioner Rep. Jeff Wheeland (R-Lycoming) helped to draft an amendment that was offered by House State Government Committee Chair Rep. Garth Everett (R-Lycoming), to allow an agency to make changes or additions to the agenda by majority vote of the individuals present and voting during the meeting, as long as the reason for the changes to the agenda were announced prior to that vote. The amendment was adopted in committee with one negative vote, and the bill was reported out of committee as amended by a 20-4 vote.
GOVERNOR SIGNS FARM BILL INTO LAW
Along with adoption of the final FY 2019-2020 state budget, a 13-bill package was enacted to provide more than $24 million to support the state's agriculture industry. County-related elements of the package, known as the Pennsylvania Farm Bill, will help to assure state and local investments to preserve valuable farmland will be carried forward in the future, and will take steps to protect water quality and mitigate the impacts of invasive species such as the spotted lanternfly.
While almost 5,500 farms, encompassing nearly 563,000 acres, have been preserved since the farmland preservation program began in 1989, a new generation of farmers must maintain this investment and keep these lands in active production. To that end, Act 40 (SB 661, Sen. Judy Ward, R-Blair) creates an Agricultural Business Development Center to provide resources to farmers, with a particular focus on owners of preserved farms. In addition, Act 33 (HB 370, Rep. Kate Klunk, R-York) amends the Agricultural Area Security Law to allow for consistency of definitions for preserved farms, while the omnibus amendments to the Tax Reform Code in Act 13 (HB 262, Rep. Carl Metzgar, R-Somerset) included incentives for the transfer of preserved farms to qualified beginning farmers by offering a realty transfer tax exemption.
Act 39 (SB 634, Sen. Gene Yaw, R-Lycoming) also establishes the Conservation Excellence Grant program, which will provide incentives to invest in best management practices for agricultural operations and storm water management to reduce nutrient loads in Pennsylvania's waterways. Further, HB 1516 (Rep. Martin Causer, R-McKean), now Act 35, creates the Agriculture Rapid Response Disaster Readiness Account, specifically funding dedicated to spotted lanternfly control efforts.