Number 18

August 30, 2019

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

 

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RESOLUTIONS AND PLATFORM REVISIONS   
Under the Association's policy procedure, resolutions were considered at the 2019 CCAP Annual Conference business meeting on Aug. 6, and then were submitted to the full CCAP membership by electronic ballot. Balloting opened on Aug. 13 and closed on Aug. 23. The adopted resolutions amend the Pennsylvania County Platform, the Association's cumulative policy statement. The resolutions and the updated Platform are available on the Government Relations page of the CCAP website,www.pacounties.org, by clicking Policy.
CCAP NAMES NEXT EXECUTIVE DIRECTOR
On Aug. 20, CCAP announced the selection of Lisa Schaefer as the Association's new executive director. Schaefer, who has been CCAP's director of government relations for nearly nine years, will succeed current executive director Doug Hill, who previously announced his plans to retire at the end of 2019.
Schaefer will assume the title of acting executive director appointee on Sept. 1, then transition to executive director on Dec. 1. Doug Hill will assume emeritus status after that until his retirement on Dec. 31, 2019. Hill leaves with nearly 36 years of service as CCAP's executive director.
For additional information, visit www.pacounties.org.
SPECIAL ELECTION FILLS SEAT IN 85TH HOUSE DISTRICT       
On Aug. 20, Snyder and Union counties held a special election to fill a vacancy in the 85th state House district, which was won by David Rowe (R-Union). Rep-elect Rowe has served in local government as a township supervisor in East Buffalo Township, Union County.
Rowe is expected to be sworn in when the House returns to session the week of Sept. 17, which will return the House to its full 203 member complement. Republicans will hold a 110-93 majority.
The 85th district seat was previously held by Fred Keller, who was elected to Congress in a special election in May.
STATE FACILITY CLOSURES PLANNED
The commonwealth recently announced plans to close two state centers for people with intellectual and developmental disabilities in Venango and Luzerne counties, as well as the State Correctional Institute (SCI) at Retreat in Luzerne County.
In mid-August, the Department of Human Services indicated it would close the Polk State Center and the White Haven State Center, both of which are intermediate care facilities. The closure process is expected to take about three years while residents are transitioned to community living. Public hearings have been scheduled for Sept. 9 for the Polk State Center, and Sept. 12 for the White Haven State Center; more information is available at www.dhs.pa.gov.
The Department of Corrections (DOC) likewise announced on Aug. 29 a proposal to close SCI Retreat, as part of a plan to reduce expenditures in the agency's budget. The DOC noted that it experienced a significant decrease in its inmate population in FY 2018-2019, and while SCI Retreat inmates will be transferred to other state prisons, the remaining facilities should remain under capacity. At the same time, DOC said it would be closing the Sharon Community Corrections Center in Mercer County, and discontinuing contracts with seven county prison facilities (Berks, Cambria, Chester, Clinton, Columbia, Lackawanna and Lawrence) that provide re-entry and/or parole violator center services, instead using DOC facilities.
HOUSE PANEL HOLDS HEARING ON PIPELINE SAFETY
The House Veterans Affairs and Emergency Preparedness Committee recently held a hearing on HB 1568, a proposal to create a Pipeline Safety and Communication Board at the state level.
Under the legislation, sponsored by Rep. Carolyn Comitta (D-Chester), the Board would collect and disseminate information of commonwealth agencies relative to pipeline development and coordinate communications among federal, state and local government entities, pipeline companies and the public. Several state agencies, including the Public Utility Commission (PUC) as well as the departments of Health, Environmental Protection and Transportation, shared their concerns regarding the disclosure of information required under the bill. In particular, the agencies cited security concerns as well as the need for more clarity over the regulatory role between levels of government for different types of pipelines.
CCAP submitted written comments to the committee on the bill, requesting county representation and input on the proposed board since counties can play an integral role in addressing pipeline safety and communicating information. For example, county emergency management agencies are engaged in local emergency planning for prevention, response and recovery. Counties can also provide mapping and Geographic Information Systems (GIS) data to operators, perspectives on local land use planning, and environmental education and oversight through conservation districts. With that in mind, counties would be able to furnish meaningful input to the proposed board about how they can best deliver accurate and timely information to the communities they represent. CCAP's full comments can be found at www.pacounties.org on the Legislative Action Center under Legislative Testimony.
STATE SUBMITS FINAL PHASE 3 BAY PLAN
On Aug. 26, the state Department of Environmental Protection (DEP) submitted its final Phase 3 Chesapeake Bay Watershed Implementation Plan (WIP) to the U.S. Environmental Protection Agency (EPA).
The WIP addresses how Pennsylvania will meet reductions in nitrogen and phosphorus going to local waterways in the 43 counties in the state's portion of the watershed, and ultimately the Bay, by 2025 as required by the EPA. It establishes countywide planning goals to help engage local, regional, state and federal partners. Importantly, these countywide goals do not establish any new requirement or regulatory obligation on county government, but are a way to engage local stakeholders and focus resources. The state will work with groups of stakeholders in each of the affected counties to establish countywide action plans that combine local efforts with statewide actions to achieve the goals.
Lancaster, York, Adams and Franklin counties completed a pilot planning process in 2018, and their experience informed the plan for completing countywide plans in the remaining 39 counties, to be accomplished in two phases through 2020. DEP expects to begin outreach to the four counties in the next phase of planning - Bedford, Centre, Cumberland and Lebanon - in September.
Each of the six states and the District of Columbia with river basins that drain to the Bay are required to develop a Phase 3 WIP to demonstrate how they will meet their nutrient reduction target across the Bay watershed.
The Phase 3 WIP can be found at www.dep.pa.gov/chesapeakebay/phase3.
RECENT FCC ORDER AFFECT COUNTIES
The Federal Communications Commission (FCC) has taken steps on several different broadband initiatives recently, ranging from expansion opportunities to data collection and mapping.
On Aug. 1, the FCC approved a Notice of Proposed Rulemaking for the Rural Digital Opportunity Fund, which will provide $20.4 billion over 10 years to help aid broadband expansion efforts, and will leverage repurposed revenue from the Connect America Fund. Funding will be released in two phases, the first targeting areas with no broadband service and the second targeting partially served areas. A comment period will begin on Sept. 21.
In addition, the FCC has proposed efforts to improve broadband mapping through the Digital Opportunity Data Collection (DODC), a new process for collecting broadband data to more accurately pinpoint where service is lacking. The proposal opens the door for crowdsourcing data collection in addition to provider-supplied data. Significant changes to the process through the DODC include collection of geospatial broadband coverage maps from broadband internet service providers and adoption of a means to collect public input on the accuracy of those maps, as well as targeted changes to the existing Form 477 data collection to reduce reporting burdens while incorporating new technologies. The comment period for this provision will begin on Sept. 22.
Finally, the FCC adopted, by a 3-2 vote, a Third Report and Order, which subjects cable-related, in-kind contributions to the statutory five percent franchise fee cap established under the Communications Act. Local franchising authorities often require cable providers to offer in-kind contributions, such as public, educational or government (PEG) channels, as a condition to a franchise agreement. The order could contribute to a reduction of 30 to 40 percent in franchise fees resulting in a significant drop in resources for PEG channels. The new rule is slated to go into effect 30 days after being published in the federal register, but it is expected to be challenged in federal court.
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."