OML UPDATE AT-A-GLANCE
Here are the top things you need to know from this past week:
· We want to thank all who attended this week’s virtual OML 2021 Annual Conference and made the three-day event a success! The virtual conference enabled the League to offer attendees an expanded agenda covering a greater number of topics and presentations critical to Ohio’s municipal leaders. We will be sending recordings of each presentation to all attendees to view the recording any time at their convenience. We were pleased to be able to offer our attendees an agenda packed with valuable information for Ohio's local leaders and we are looking forward to meeting in person once again at our Annual Conference next year!
· By a party-line vote, the Ohio Senate passed two bills, SB 156 and SB 185, which continues the assault on Constitutionally granted municipal Home Rule authority on matters related to local public safety efforts. Below is an article providing more information on the latest example of the Ohio legislature not staying in their lane!
· On Wednesday, the U.S. Senate unanimously passed S. 3011, the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act. This is a bipartisan bill that would expand the eligible uses of American Rescue Plan Act (ARPA) funds to include infrastructure, disaster relief, housing and community development. You can find the full bill text HERE, a general overview of the language HERE and a section-by-section breakdown HERE. You can also find an unofficial estimate of new flexibility in funding for metropolitan cities broken down by state HERE. Read more about this exciting federal legislation in the article below.
· The League will host a free webinar on Thursday, October 28 from 10 a.m. to 11:30 a.m. entitled “Municipal Income Tax: COVID-19 Impacts and What’s Next”, presented by Amy Arrighi, Chief Legal Counsel for the Regional Income Tax Agency (RITA). This webinar will cover the extension of the temporary withholding provision in Sec. 29 of HB 197 until the end of 2021 and will also cover upcoming potential impacts of the expiration of Sec. 29 and what municipalities can do to prepare. There will be an opportunity for Q&A during the webinar. Register HERE.
· Last week, the League sent out a Member Alert informing members about an exciting resource that can help municipalities measure resident business stakeholder needs in order to prioritize American Rescue Plan Act (ARPA)-funded initiatives in their local community. The League has partnered with the community engagement experts at Polco, an award-winning community engagement platform. Polco’s ARPA Engagement Package, which designed around U.S. Treasury guidelines, can help local leaders assess community needs, align funds with economic priorities, address equity and inclusion, and document progress. Find the Polco website HEREand read more about this valuable resource in the article below.
· It has been brought to our attention that many smaller municipalities have been frustrated by the lack of access to new grant funding opportunities available for below ground infrastructure. We want to make sure our members are aware that municipalities can apply for new Water and Wastewater Infrastructure Grants, provided through the state budget, directly through the state rather than through County Engineers. You can access grant application under the “For Communities” section HEREand read more in the article below.
· We want to remind our members that the application period for the Ohio Residential Broadband Expansion Grant Program closes soon on Monday, November 8 at 5 p.m. This grant program will allocate $250 million in grants to eligible internet service providers to expand broadband access across Ohio. For more information and to apply, click HERE.
· Members can expect two other exciting grant programs created by the budget bill to launch soon. The first is the Brownfield Remediation Fund which will allocate $350 million in grants on a first-come, first-served basis. The second is the Building Demolition and Site Revitalization Program, which will allocate $150 million in grants for the demolition and revitalization of sites that are not brownfields. These programs are expected to launch as soon as next month. We will alert our members as soon as these grant opportunities begin accepting allocations.
· WalletHub has released its rankings for 2021’s Best Small Cities in America with the city of Dublin coming in as the 10th best small city in the nation, followed by the city of Mason ranking in 19th place. The study compared over 1,300 cities with populations between 25,000 and 100,000 across 43 key areas such as affordability, economic health and education. Find out more HERE.
· The Municipal Finance Officers Association of Ohio (MFOA) is excited to announce that it will be holding its 2021 Annual Fall Conference virtually November 3-5. This conference will provide attendees with the training they need to ensure excellent job performance, all from the comfort and convenience from wherever they are currently working. MFOA has greatly reduced registration costs to for a MFOA member is $50.00 and the cost for a nonmember is $75.00. All registrants will receive a copy of each session after the conferences, allowing participants to listen to any of the sessions that they might have missed at their convenience. You can find the conference agenda HERE. If you have not yet already, register HERE. Read more in the article below
VIRTUAL 2021 OML ANNUAL CONFERENCE A SUCCESS
We want to thank all who attended this week’s virtual OML 2021 Annual Conference and made the three-day event a success! By going virtual, the League was able to offer attendees an expanded agenda, adding even more topics and presentations critical to Ohio’s municipal leaders.
The conference covered a wide range of issues and areas critical for municipal leaders. Clarence Anthony, CEO and Executive Director of the National League of Cities (NLC) and Mike Wallace, NLC Federal advocate, gave attendees a timely update on what is happening in Washington, D.C., while the U.S. Census Bureau presented on the impacts of the data from the 2020 census and what these trends and changes in demographics mean to the future of our state.
Expert presenters and panels led sessions on crucial and timely issues like affordable housing and the current situation with the municipal income tax as communities anticipate the future impact of new working conditions to revenue collections. The conference also featured a presentation led by a non-profit organization that connects communities with Japanese businesses that are ready and waiting to come to Ohio communities and a session on ways municipalities can drastically improve their onboarding programs for local elected officials.
Attendees were able to hear directly from the Ohio Department of Development and the Ohio Department of Public Safety on grant programs created by the two-year state operating budget that can help municipalities fund brownfield revitalization, broadband expansion funding and body-worn cameras for local law enforcement agencies. We also held our very popular roundtable discussions for village and city officials, where members took advantage of this great peer-to-peer networking opportunity.
Did you miss any presentations, or do you want to review a particularly helpful session? Good news! We will be sending recordings of each presentation to all attendees, so you will be able to view the recording any time at your convenience.
We were pleased to be able to offer our attendees an agenda packed with valuable information covering timely issues that Ohio's local leaders need to navigate these unprecedented times and we are looking forward to meeting in person once again at our Annual Conference next year!
TWO HOME RULE PREEMPTION BILLS PASSED BY OHIO SENATE
This week, the Ohio Senate passed two bills that would preempt municipal authority and continue the erosion of Home Rule authority for cities and villages across Ohio.
One of these bill, SB 156, sponsored by Sen. Roegner (R – Hudson) would prohibit any ordinance from inhibiting a person’s ability to own, possess, purchase, acquire, transport, store, carry, sell, transfer, manufacture or keep any knife. The legislation also adds knives to the list of arms Ohioans have a right to keep and carry under the Ohio Revised Code. The bill would also allow individuals, groups or entities to file a civil action suit against a local government if they feel the local government has violated the provisions of this legislation.
This bill not only preempts Home Rule authority, but it would make municipalities vulnerable to the expense frivolous lawsuits, the cost of which would be borne by the taxpayer. The League submitted testimony opposing the House companion bill to SB 156, which you can read HERE.
The other bill, SB 185, is sponsored by Sen. Schaffer (R – Lancaster) and prohibits local governments from blocking firearms sales or seizing weapons during an emergency, such as a riot, by establishing firearm-related firms as "essential businesses" that can remain open during such emergencies. In testimony before the Senate committee, the League reminded senators that “the Ohio Constitution grants Home Rule authority to municipalities in recognition that a government closest to the people governs best, and each city and village should be equipped to serve and protect the interests of their communities.” You can read the testimony in full HERE.
These bills continue the steady erosion of local control for communities across the state by preempting local authority granted to municipalities by the Ohio Constitution.
The League strongly encourages our members to call their state representatives and tell them to protect the will of the people in their communities by not supporting these bills which violate the principles of local control.
U.S. SENATE PASSES BILL GRANTING MUNICIPALITIES GREATER FLEXIBILITY FOR SPENDING ARPA FUNDING
On Wednesday, the U.S. Senate unanimously passed S. 3011, the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act. This is a bipartisan bill that would expand the eligible uses of American Rescue Plan Act (ARPA) funds to include infrastructure, disaster relief, housing and community development. You can find the full bill text HERE, a general overview of the language HERE and a section-by-section breakdown HERE. You can also find an unofficial estimate of new flexibility in funding for metropolitan cities broken down by state HERE.
Critically, this bill would clarify that highway and public transportation projects are an eligible expenditure for State and Local Fiscal Recovery Funds (SLFRF) from ARPA. If passed, states and local governments would be able to spend the greater of either up to 30% of their SLFRF allocation, or $10 million, on qualifying new infrastructure projects. The bill would not allow the funding to be spent on transit operating expenses.
In addition to offering local governments new flexibilities for their ARPA funds, S.3011 would also create an opportunity for local governments to use federal funds as a match to leverage the transportation programs in the upcoming federal Infrastructure Investment and Jobs Act (IIJA). Any project that currently eligible for funding under the following programs would now be eligible for financing with ARPA funding:
· Nationally Significant Freight and Highway Projects
· National Highway Performance Program
· Bridge Investment Program
· Surface Transportation Block Grant Program
· Metropolitan Transportation Planning
· Highway Safety Improvement Program
· Congestion Mitigation and Air Quality Improvement Program
· Territorial and Puerto Rico Highway Program
· National Highway Freight Program
· Rural Surface Transportation Grant Program
· Carbon Reduction Program
· PROTECT Program
· Tribal Transportation Program
· Alternative Fueling Infrastructure
· Federal Lands Transportation Program
· Federal Lands Access Program
· Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program
· Transportation Infrastructure Finance and Innovation Act (TIFIA) program
· Appalachian Development Highway System (ADHS) Program
· Urbanized Area Formula Grants
· Fixed Guideway Capital Investment Grants
· Formula Grants for Rural Areas
· State of Good Repair Grants
· Grants for Buses and Bus Facilities
· National Culvert Removal, Replacement, and Restoration Program
· Community Development Block Grant (CDBG)
· Bridge Replacement, Rehabilitation, Preservation, Protection, and Construction Program
We encourage our members to reach out to their Congressional delegations and urge their support for the bill. This legislation would enable Ohio cities and villages to use their federal funding for much-needed highway infrastructure projects that play a crucial role in keeping Ohio drivers safe. It would also help local leaders keep their municipalities business-friendly by addressing critical issues like expanding affordable housing and by funding reliable public transportation to ensure workers can travel to their place of employment. We urge municipal leaders to contact their U.S. Representatives and impress upon them the importance of using this federal funding for these infrastructure projects.
The bill has now been sent to the U.S. House of Representatives for consideration and it is currently unknown whether the bill will move as standalone legislation or as part of another bill. We will continue to keep our members apprised of this important federal legislation.
ARPA ENGAGEMENT PLATFORM CAN HELP MUNICIPALITIES MEASURE RESIDENT AND BUSINESS STAKEHOLDER NEEDS TO PRIORITIZE ARPA-FUNDED INITIATIVES
American Rescue Plan Act (ARPA) funds are here to aid local governments in community recovery efforts and to rebuild economies.
Engaging the community makes the ARPA budgeting and decision-making process far more effective and successful for economic recovery and beyond. Treasury guidelines (link) urge local governments to “engage their constituents and communities in developing plans to use these payments.”
In order to meet those guidelines, the Ohio Municipal League has partnered with the community engagement experts at Polco (link). The ARPA Engagement Package (link) designed around Treasury guidelines, helps you assess community needs, align funds with economic priorities, address equity and inclusion and document progress.
With the ARPA Engagement Package, cities and villages can build a strong foundation for engagement and informed decision making now and into the future. The package includes citable data from scientific surveys, online dashboards of results, and benchmark comparisons - all on the Polco award-winning engagement platform.
The ARPA Engagement Package is also programmed for local governments to use the same surveys together. They share in the aggregate results for benchmark comparisons, and are given a private forum to connect, learn and share with their peers.
MUNICIPALITIES CAN APPLY FOR NEW WATER INFRASTRUCTURE GRANTS DIRECTLY TO THE STATE, NOT THROUGH COUNTIES
We want to make sure our members are aware that municipalities can apply for new water and wastewater grants which were included in the recently passed two year state operating budget directly through the state rather than through their county engineers.
These grants are available through Ohio’s Water and Wastewater Infrastructure Grant Program, which was part of the state operating budget bill and launched July 30, allocating nearly $250 million for these critical projects. The grants will help local governments improve access to clean drinking water and wastewater infrastructure while also providing more economic development opportunities.
According to the Ohio Department of Development (DOD), county engineers are instructed to provide a prioritized list of 5 local projects in their counties for DOD’s consideration. However, it is important that municipalities are aware that projects not included on the county engineer’s prioritized lists of projects can still apply for funding. Municipalities can complete an application for a project directly through the state whether that project is or is not on the county engineer’s prioritized list.
There is no deadline for application submissions. Applications will be received and reviewed until funds are depleted.
To apply for funding and find more information, go to www.investinginohiosfuture.ohio.gov and scroll down to the “For Communities” section and click on “Water and Wastewater Infrastructure Grant.” Questions can be sent to watergrants@development.ohio.gov.
OHIO SUPREME COURT TO RULE ON CITY OF MAPLE HEIGHTS V. NETFLIX
The Ohio Supreme Court has decided it will hear the case of the City of Maple Heights v. Netflix, Inc., which will determine whether local governments can collect franchise fees from online streaming services.
Last year, the city of Maple Heights filed suit alleging that online streaming companies have not paid the municipality franchise fees for their use of public rights of way as cable providers are required to do. Cable providers in Ohio must pay a city or village up to 5% of the gross revenues they generate from their services within a municipality under the state’s Fair Competition in Cable Operations Act.
In the case of Maple Heights v. Netflix, the Supreme Court will answer two questions certified by federal court: whether Netflix and Hulu are video service providers under Ohio law, and whether Maple Heights can sue Netflix and Hulu to enforce Ohio’s video service provider provisions.
If these questions are answered in favor of Maple Heights, online streaming services like Netflix and Hulu will be required to pay franchise fees to a municipality, just as cable providers are required to do.
Similar cases on this issue have been filed by local governments in both state and federal courts in Arkansas, California, Georgia, Illinois, Indiana, Kansas, Louisiana, Missouri, Nevada, New Jersey, Texas and Tennessee. In California, Nevada, Arkansas, and Texas, courts have dismissed these cases.
The League supports the rights of municipalities to protect the interests of their citizens and recover the appropriate franchise fees from streaming companies. Home Rule authority grants Ohio’s municipalities the ability to act on behalf of what they believe are the best interests for their local community. We will continue to keep members apprised as this case progresses.
REGISTRATION IS OPEN FOR MUNICIPAL FINANCE OFFICERS ASSOCIATION (MFOA) VIRTUAL CONFERENCE NOVEMBER 3-5
The Municipal Finance Officers Association of Ohio (MFOA) is excited to announce that it will be holding its 2021 Annual Fall Conference virtually November 3-5.
This conference will provide attendees with the training they need to ensure excellent job performance, all from the comfort and convenience from wherever they are currently working. The conference agenda is packed with talented presenters that attenders will enjoy listening to while gaining great deal of invaluable knowledge and information.
MFOA has reduced registration costs: the registration fee for a MFOA member is $50.00 and the cost for a nonmember is $75.00. Participants will need a computer and a phone. Registration requires a valid individual email address, and multiple registrations with a bulk email address will be rejected.
Registration confirmation, instructions and materials will be sent to paid attendees on October 29, 2021. In order to ensure that the instructions and materials reach attendees in enough time, we have set a registration and payment deadline of Wednesday October 27, 2021.
All registrants will receive a copy of each session after the conferences, allowing participants to listen to any of the sessions that they might have missed at their convenience.
Continuing education credits will be available. You can find the conference agenda HERE. If you have not yet already, register HERE. We hope you will be able to join us for this exciting virtual conference!
FREE UPCOMING OML WEBINAR ON WORKERS’ COMPENSATION
On November 18 at 11:00 a.m., the League will be hosting a free 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 presentation will discuss how cities & villages can investigate and respond to these claims. Learn more and register HERE.
PROCLAMATION CAN HELP MUNICIPALITIES SHOW SUPPORT FOR AFTERSCHOOL PROGRAMS
The following is a communication from the Ohio Afterschool Network:
Many communities across the United States will secure a proclamation from their governor or municipal leaders in support of Lights On Afterschool. In fact, nearly every governor in the country signs a proclamation each year. Gov. DeWine has provided a proclamation for 2021! This gesture is a simple way for municipalities to show their support for the programs, youth and families in Ohio. You can access sample proclamation language HERE.
INVITATION TO JOIN MUNICIPAL ENGINEERS ASSOCIATION OF OHIO (MEAO)
The League is inviting your municipal engineer to become an inaugural member of the Municipal Engineers Association of Ohio. As an inaugural member, your municipality will help us shape the mission, goals, and priorities of this important organization. Membership will allow you to engage your fellow municipal engineers, understand and impact state legislation, programs and policies, receive professional development. Learn more about MEAO membership HERE.
NEW BILLS OF MUNICIPAL INTEREST
· HB 458 – Special Elections. Sponsored by Rep. Hall (R - Middletown), would eliminate August special elections except when held to nominate or elect candidates for the United States House of Representatives.
COMMITTEE RECAP: BILLS OF MUNICIPAL INTEREST
· HB 328 – Office of Drug Policy. Sponsored by Rep. Brown (D – Canal Winchester), would establish the Governor's Office of Drug Policy. During its second hearing before the House Behavioral Health & Recovery Supports Committee, proponents including the League offered testimony in support of the bill. You can read the League’s testimony in full HERE.
· HB 177 – Ledger Technology. Sponsored by Rep. Carfagna (R – Genoa Twp.) and Rep. Fraizer (R – Newark), would allow a governmental entity to utilize distributed ledger technology, including blockchain technology. During its fourth hearing before the Senate Financial Institutions and Technology Committee, the bill was reported out of committee and will now head to the Senate floor for a vote. The League is supportive of this legislation.
· HB 228 – Municipal Corporation Tax. Sponsored by Rep. Roemer (R – Richfield), would make changes related to state-administered municipal net profits taxes. During its fourth hearing before the Senate Ways and Means Committee, no testimony was given on the bill. The League is supportive of this legislation.
· SB 225 – Tax Credits. Sponsored by Sen. Schuring (R – Canton), would temporarily modify the historic rehabilitation and the opportunity zone investment tax credits. During its second hearing before the Senate Finance Committee, proponents including the Ohio chapter of the National Association for Industrial and Office Parks testified in support of the bill. The League is supportive of this legislation.
· SB 217 – Sen. Schaffer (R – Lancaster), would modify the law regarding access to criminal record check information with respect to long-term care ombudsman programs, direct-care positions, community-based long-term care services, and certain persons serving as a municipal corporation tax administrator, and declare an emergency. During its first hearing before the House Criminal Justice Committee, the bill’s sponsor explained that the legislation is necessary in order to keep the Bureau of Criminal Investigation (BCI) in compliance with federal law regarding the Criminal History Record Information (CHRI) database. The League is neutral on this legislation.
