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HomeMy WebLinkAbout11/03/1994 NOTICE OF CANCELLATION REGULAR MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE OF THE COUNCIL OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that the regular meeting of the Legislative and Litigation Committee of the City Council scheduled for Thursday, November 3, 1994, at 12:15 p.m., in the City Manager's Conference Room, Second Floor of City Hall, 1501 Truxtun Avenue, Bakersfield, California, has been canceled. DATED: October 31, 1994 Trudy Slater, [Administrative Analyst II 'FI'S:jp FILE COPY B A K E R S F I E L D Patricia M. Smith, Chair Patricia J. DeMond Lynn Edwards Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, November 3, 1994 12:15 p.m. City Manager's Conference Room Second Floor - City Hall 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF OCTOBER 6, 1994 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. NATIONAL LEAGUE OF CITIES 6. NEW BUSINESS A. LEGISLATIVE PROCESS/LEGISLATIVE PLATFORM 7. ADJOURNMENT TS:jp ~l'HIS SLEETING W~ Ci~d~CELED BAKERSFIELD Alan Tandy, Ci Patricia M. Smith, Chair Staff: Trudy Slater Patricia J. DeMond Lynn Edwards AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITrEE Thursday, October 6, 1994 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Members present: Councilmember Patricia J. DeMond, Chair; and Councilmember Lynn Edwards Member absent: Councilmember Patricia Smith 2. APPROVAL OF AUGUST 4, 1994 MINUTES Minutes were approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None Agenda Summary Report Legislative and Litigation Committee October 6, 1994 Page -2- 5. DEFERRED BUSINESS A. NATIONAL LEAGUE OF CITIES Staff had been directed to place on the agenda policy application issues of belonging to the National League of Cities (NLC) for Committee review'. Ir'was reiterated that the National League of Cities is an organization of elected officials and that membership on its policy committees would represent the most effective avenue for impacting legislation at the national level. Staff was directed to research the NLC's committee structure and to compile proposed membership and attendance-associated costs (budget) at NLC meetings for (an average of) four Councilmembers. Councilmember Edwards indicated that he felt that the City Council's travel policy should provide Councilmembers with the individual options to attend NLC or League of California Cities (LCC) meetings at their discretion, within budget constraints. It was requested that the information be available by the November Legislative and Litigation Committee meeting. As part of the discussion on the legislative process relating to the NLC discussion, a request was made to place the City's legislative process/legislative platform on the next agenda. Future meeting considerations would include timing of the Legislative Platform with State Legislative actions as well as LCC resolution proposals and the use of prior year's LCC resolutions to help formulate current year City policies. It was suggested that LCC resolutions should be reviewed by the Legislative & Litigation, Committee prior to City Council decision and recommendations to the LCC voting delegate at the Annual Conference. 6. NEW BUSINESS D. GAS-POWERED BLOWERS Staff reviewed concerns listed in Mr. Kempen's letter. It was reported that.Robert C. Dowell, Director of Planning for the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) had indicated that it and the Air Resources Board were addressing the issue of gas-powered leaf-blower pollutants/noise from the manufacturing level. They were most concerned with eliminating harmful discharges and noise emitted caused by the engines rather than adding constraints on the user's 'Agenda Summary Report Legislative and Litigation Committee October 6, 1994 '. Page -3- ' end. Mr. Dowell indicated he was unaware of any restrictions on gas-powered blowers at the users level either by the SJVUAPCD or the Air Resources Board. The Committee felt that in-depth research is needed on the impacts upon the community of restrictions on the use of leaf blowers. Staff was directed to research the issue further. A letter will be directed to Mr. Kempen indicating that the issue of gas-powered blowers is being addressed by the Legislative &. Litigation Committee. A similar letter will also be directed to Mr. Rademacher. 7. ADJOURNMENT The meeting adjourned at 1:30 p.m. Staff In Attendance: City Attorney Judy Skousen; Assistant City Manager Gail Waiters; Administrative Analyst Trudy Slater; Community Services Manager Lee Andersen; Parks Superintendent Frank Fabbri The National League of Cities is committed to providing quality training and development opportunities for local.government elected and appointed officials. This ca~endar represents a partia~ ~isting ~f seminars and inf~rmati~n exchange activities that have been schedu~ed f~r the 1994 calendar year. For additional information, please call the NLC office listed below, the Training Hotline at [202] 626-3170, or complete and return the attached request for information form. MARCH 11-12 AUGUST 29-31 NLC's Leadership Training Institute National Conference: Washington Hilton Hotel - Washington, D.C. "Innovators at Work: Transforming the Public Sector" Intensive half-day and full-day seminars on strategies for Hampton, Virginia leading change and innovation in local government. This conference will provide cutting edge strategies for Registration Fee: $75 ]Half-Day] $125 [FulI-Dayl redesigning and reinventing local government. Contact the Training Hotline in the Center for Education Registration Fee: $325 [Memberl $375 [Non-Member] and Information Resources - (202) 626-3170 [Contact the Training Hotline in the Center for Education and Information Resources - (202') 626-3t 70] MARCH 12-15 SEPTEMBER 19-22 NLC Congressional City Conference Washington Hilton Hotel- Washington, D.C. Naiional Conference: Advance Reservation Fee: $285 [Direct and Associate ! 4th Annual National Association of Telecommunications Member] $375 [Indirect and Non-Member] Officers and Advisors (NATOA) Conference. The NATOA Contact the Office of Conference Planning and Government Programming Award recipients named. Management - (202) 626-3105 Sparks/Reno, Nevada Registration Fee: Not Confirmed JUNE 24 [Contact NATOA in the Center for Member Programs - The deadline for submitting entries for the National (202) 626-3160] Association of Telecommunications Offic. ers and Advisors SEPTEMBER 21-24 (NATOA) Government Programming Awards. The call for entries will begin in mid-April. National Conference: Entry fee: $30 12th Annual Local Government Professionals Conference Contact NATOA in the Center for Member Programs - St. Petersburg, FL (202) 626-3160 This conference will provide professional development, information exchange, and networking for local AUGUST 3-6 government legislative, and administrative staff. National Leadership Summit Registration fee: $215 [Member] $245 [Non-Member] This conference will engage local officials in an in-depth [Contact the Training Hotline in the Center for Education exploration of leadership as a process for facilitating and Information Resources - (202/626-3170] c[~ange and innovation within our nation's cities~ NOVEMBER 29 & 30 Focused discussions and intensive training seminars will be featured. NLC's Leadership Training Institute Chicago, Illinois Minneapolis, Minnesota Registration Fee: $475 [Member] $525 [Non-Memberl Intensive full-day and half-day seminars on leading Contact the Training Hotline in the Center for Education change and innovation in local government. and Information Resources- (202)626-3170 Registration Fee: $75 ]Half-Day] $125 ]Full-Day] [Contact the Training Hotline in the Center for Education AUGUST 5 and Information Resources - (202) 626-3170] Jm~ovaticm Awards Competition application deadline DECEMBER 1-4 Application Fee: $95 [Contact the Center for Education and Information 71 st Annual Congress of Cities and Exposition Resources -(202) 626-3130] Minneapolis, Minnesota [Contact the Office of Conference Planning and Management - (202) 626-31051 Registration Fee: Not Confirmed Bring the value of NLC'..membershlp home to YOl/J city.. ly NLC gives mayors, and councilmembers the oppOrtunity to tap the experience and',"."' ' ability of municipal leaders nationwide, ~o ~et the Information and anSWers necessary for . " sound decisions, and to becOme an active Part in shaping policies that Will ~letermine the "' success of our communitms ~nto the futUre.'- ~ services that IMPACT CONTACT might help your city. With NLC, NLC members participate actively in policy Membership in NLC creates an instant . the information committees that address key areas of concern, network of people who have the same respon- you need is such as finance, environmental quality, cam- sibilities and concerns as you do. At the annual right at hand munity development, transportation, and Congressional City Conference in Washington, saving your human services. Through your involvement, D.C. and the Congress of Cities, there are community you can play a leading role in directing the limitless opportunities for sharing ideas and endless time policies and activities of NLC and articulating insights, and learning what has worked in cities and dollars: positions that are vigorously advocated on the and towns like yours. As a member, you can national level. In representing local govern- also become a part of active membership ment interests, NLC always works closely with groups, including the Small Cities Council (for the state municipal leagues ~ the grassroots cities with a population of 50,000 or less), GROWTH organizations that launched the National Women in Municipal Government, Asian- NLC offers a variety of resources to help League of Cities more than 65 years a~o. And Pacific-American Municipal Officials, the your community develop its most important by attending committee meetings during National Black Caucus of Local Elected resource ~ its people. Workshops, seminars, NLC's two annual conferences,, you can get Officials, Hispanic Elected Local Officials, and publications, and information services are new ideas for programs that will work in your the University Communities Caucus. Every geared to providing municipal elected and community -- ideas about day care programs, contact can spark a new idea that might wOrk appointed officials with practical techniques recycling, user fees, and more. in your community, and effective new ideas for getting the job done. And as part of NLC's nationwide net- workof state municipal league and city ieaders, every official involved in your commu- INFORMATION can develop a broader perspective on NLC gives you instant access to products, governance ~ a perspective that can add ideas, facts, and studies fTom cities and towns value, energy, and direction to the work they of all sizes, coast to coast and throughout the do. world. Call NLC's Municipal Reference Service for information on specific ordinances, actions, and programs at work in other communities; O t,b e to pro- SAVINGS grams and facilities already up-and-running NLC membership can contribute so much to elsewhere; tum to Nation's Cities Weekly your effectiveness and the success of your city. and other NLC publications for reports on NLC studies and national-level action; attend You'll see...membership in the NLC is the exhibits at the Congress of Cities for products smartest investment a community can make. geared to municipal improvement; or call your NLC state liaison for vendors of products and NATIONAL LEAGUE OF CITIES ~ MEMBERSHIP DUES ~ UNDER 10,000 1 671 10,001 ' 20,000 1 894 20,001 - 30,000 1 1,117 30,001 - 40,000 1 1,957 40,001 - 50,000 1 2,290 50,001 - 60,000 2 2,682 60,001 - 70,000 2 3,242 70,001 - 80,000 2 3,574 80,001 - 90,000 2 4,022 90,001 - 100,000 2 4,694 100,001 - 125,000 4 5,252 125,001 - 150,000 4 5,810 150,001 - 175,000 4 6,372 175,001 - 200,000 4 6,927 200,001 - 225,000 6 7,488 225,001 .. 250,000 6 8,046 250,001 - 275,000 6 8,605 275,001 - 300,000 6 9,163 300,001 - 325,000 8 9,724 325,001 - 350,000 8 10,281 350,001 - 375,000 8 10,840 375,001 - 400,000 8 11,398 400,001 - 425,000 10 11,957 425,001 - 450,000 10 12,516 450,001 - 475,000 10 13,073 475,001 - 500,000 10 13,633 500,001 - 600,000 12 14,192 600,001 - 700,000 14 14,747 700,001 - 800,000 16 15,309 800,001 - 900,000 t8 15,867 900,001 - 1,000,000 20 16,426 J,O00,O01 - 1,333,333 20 20,784 1,333,334- 1,666,666 20 23,466 1,666,667- 2,000,000 20 25,143 2,000,001- 3,000,000 20 41,343 3,000,001- 4,000,000 20 44,695 Over 4,000,001 20 55,870 Effective January 1, 1994 ('-f-~m~q~', I-"~c, ~t. f~,en ~¢ b~r q°lc") .: A summary of the benefits of membership in the National League of Cities. 'Membership in the National staff development.' --League of Cities offers... NLC's workshops and publications are not just ~or local elected officials, but also for city managers and other appointed staff members, broadening the per- ~t Access to programs already at work spective and capabilities of your community's person- and proven in the field 'in other nel. municipalities across the county. ~ Better-quality, more motivated Other communities are grappling with the same leadership. issues you face. Through NLC membership, you can save the time involved in developing programs on NLC gives you a chance to act on your commitment to your own, get fresh ideas that enhance your efforts, the future of your community-- to look beyondwhat and reduce the risk of implementing programs that you already know and find new ideas, new solutions. just don't work. As a resource to facilitate network- ing, members receive NLC's Directory of City Policy ~ A chance to join a powerful network Officials, which lists thousands of local leaders from cities and towns of all sizes all across America. of cities of all sizes. ~ AcCess to innovative solutions, NLC represents and serves communities with popula- products and techniques, tions in the hundreds as well as those wl~ose citizens number in the millions. Seventy-five percent of NLC's membership is from cities and towns under 50,000 Through NLC information services, workshops, prod- population. Because of this diversity, NLC is the most uct exhibits, and networking, you can learn how to practical organization you can join to obtain important provide more and better services to your community services and leverage your influence. -- within your budget. NLC's Municipal Reference Service has answers to the challenges facing local officials. And through Nation's Cities Weekly, NLC's ..- .u , lem 'ers includes: fact-fill'ed newspap.er, you learn how other cities are solving problems -- each week. Reduced registration fees for the annual Congress of Cities and the Congressional City Conference in ~ Opportunities to develop your Washington, D.C.; free inquiry services from NLC's abilities. Muni'cipal Reference Service; free copies of NatiOn's Cities Weekly and reduced rates on other NLC publica- Workshops, seminars, "how to" guidebooks, leader- tion's; online linkage to the NLC database; access to NLC exhibits, workshops and seminars; opportunities · ship training programs, and contacts with other to participate in NLC membership and constituency municipal officials and national decision-makers can help you do your job better and be a more effective groups such as Women in Municipal Government and the Small Cities Council; full voting fights and opportuni- representative of the citizens you serve. Through NLC ties for participation and leadership in issue-oriented you will learn from colleagues and peers beyond the boundaries of your state and region, standing committees, task forces and steering committees. National League of Cities 1301 Pennsylvania Avenue, N-W Washington, DC 20004 (202) 626-3190 (202) 626-'3043 (fax) ' {~ printed on recycled paper. POI,I~[ ~ he policy process operates throughout the CO[~II'I'I'EF_~ f II year and policy committee meetings at ~ the Congressional-City Conference and , the Congress of Cities offer attendees an opportunity, to be part of the policy process. ' Attending the policy committee meetings at the two annual meetings and joining in the discus- sions are. of course, the easiest ways to take a hand in shaping the National Municipal Policy -- the plat- form for the NLC membership. At these committee meetings, you are welcome to offer ideas, experi- ences,.and opinions on policy issues of importance to cities and towns and to vote on recommended policy .. positio~.s ......... If you want to participate directly in the work of one of the policy committees, your first step shoUld be.to let the director of your state municipal league know of your interest. Each policy committee has about 200 members, most of them nominated by state leagues and appointed by the NLC President. Depending on the municipal population of your state, there can be from three to seven people from your state on each committee. 20 There are five standing policy committees, each ot' them dealing tvith specific issues. The Finance, Administration and Intergovernmental Relations policy committee deals with national economic policy, intergovern- mental relations, capital financing, municipal bonds. municipal management, antitrust issues, citizen par- ticipation and civil rights, labor relations and fire policy. The Energy, Environment and Natural Resources policy committee is responsible for policy on air quality, water resources, wastewater treatment, energy, waste management, hazardous and nuclear waste, urban aesthetics, noise control. and disaster relief. The Community and Economic Development policy committee responsibilities include national urban policy., economic develop- ment. community development and community development block grants, housing and neighbor- hood development, federal buildings, land use, recreation and parks, and historic preservation. The Human Development policy committee analyzes and develops policy on issues such as employment and job training, Social Security and unemployment insurance, income support pro- grams, immigration and refugees, health, mental health. AIDS children-at-risk, homelessness, educa- tion. equal opportunity, social services and criminal justice. The Transportation and Communications policy committee is responsible for policy on pub- lic transit, streets and highways, air transportation. railroads and waterways, infrastructure, hazardous materials transportation, and cable television and telecommunications. The policy committee members and chairs are appointed early in each year and hold their first meeting during the annual Congressional City Conference in March. As you might ~uspect. being a member of one of these policy committees can be a lot of work. Doing it well takes time and'thought. NATIONAL LEAGUE OF CITIES HANDBOOK Chapter 2 and it means attending meetings and doing home- work. But it's worth the effort. You'll have a hand in the writing of the National Municipal Policy as a pol- icy committee member, and if you have ambitions for an NLC elected office, doing a good job as a mem- ber of a policy committee is a good way to build a foundation for later achievements. The work of these committees is guided by five steering committees whose members are chosen by the appropriate policy committee chairs. While the policy committees meet only twice a year, the 35-member steering committees meet more fre-- quently, usually at the two annual meetings in March and December and also in June and September. The product of these meetings -- amend- ments to the National Municipal Policy and separate resolutions -- are not final until they are adopted by the voting delegates at the annual business meeting during the Congress of Cities. Before that happens, however, the recommendations of each policy com- mittee are submitted to the NLC Resolutions Committee, which holds its only meeting during the Congress of Cities. The Resolutions Committee approves or disapproves proposed amendments to the National Municipal Policy and separate policy resolutions. Those that it approves are passed on to the voting delegates at the annual business meeting. :22 HOW TO P:~RTICIPATE IN NLC Constituency andMember Groups The annual business meeting is the grand finale. The proposed policy amendments and resolu- tions are debated -- sometimes vigorously -- and voted, on. The National Municipal Policy. is only one product of the policy process. The policy committees also help the Board of Directors draft its annual statement of legislative priorities, which is adopted at the Board's meeting during the Congressional City. Conference. The separate resolutions approved at the Congress of Cities (and occasionally at other times throughout the year) are the League's third formal policy, mechanism You don't have to be a policy committee member to influence NLC policy. Any NLC member can attend any committee meeting and suggest issues for which NLC policy statements are needed or propose specific amendments'or resolutions for consideration by the committees. All NLC members are asked to suggest policy amendments just prior to the Congress of Cities. CONSTI'I~IEN~ j~ nother way to take an active role in NLC ~ ~..,M~I~.R [ · is to work with one of NLC's constituency, GROUI~ //~ member or affiliate groups. Constituency groups are groups within the NLC membership who share common interests. They have grown up over the years to make sure that the interests of all segments of the membership are reflected in the policies and programs of the League. NLC publishes a quarterly newsletter, Constituency andMember Group Report. that highlights the activ- ities of the caucuses and constituency groups and reports on issues of special interest to their mem- bers. The newsletter is available to all interested officials. 'The oldest of these groups is the National Black Caucus of Local Elected Officials (NBC- LEO), created in 1970 to represent the interests of Black elected officials in NLC's membership. One of NBC-LEO's objectives is increasing minority partici- pation on the League's steering and policy, commit- tees to make sure that policy and program recom- 23 HOW NLC IS ORGANIZED .VLC Offices Theinterests Of the membership are represented by local officials who serve as officers, board and c~mmittee members, and by professional staff. The League's Officers--President. First Vice President, Second Vice President, Immediate Past President--are elected annually by the voting delegates at the annual business meeting. The Board of Directors includes those Officers. all Past Presidents still in municipal office, as well as league directors, and the remaining posi- tions are filled by mayors, council members, and commis- sioners from clities of all sizes and regi6'ns. .Supporting the Officers, the Board and the policy committees is NLC's headquarters staff, headed by an Executive Director appointed by the Board of Directors. The NLC Executive Office directs the day-to-day activities of the League, works with other public interest groups to advocate municipal government interests, and maintains close working relationships with the 49 state municipal leagues. NLC's other staff operations are divided by function into several offices. J~.R¥ MAY Oc*ron~R · NLC Officers Meeting · Steering Committee Officers · Steering Committee Meetings · Registration deadline for Congress of Appointed · Special regional / national conferences Cities · Deadline for changes in policy committee membership · Deadline for advance submission of FEBRUARY JtJ~: National Municipal Policy · Registration Deadline for · Advisory Council .~mendments and resolutions Con~ressionai-C tv C reference · Steerin~ "Futures" Meeting ~ . Committee Meetings · Resolutions Committee appointed · Policy Committee and Steering · Special regional /national conferences · Nominations Committee appointed Committee Members Appointed · Voting delegates and alternates appointed Jt~¥ i~RCH · Board or' Directors Meeting NOVF.~Eil / DECF3111EII · Congressional City Conierence · State Municipal League Directors · Board oi: Directors Meeting ?leering · Annual Congress of Cities · Adoption of Priorities for America's · Board of Directors meeting Cities statement · Policy. Committee meetings · Advisory Counc. :utures" Meeting · Resolution Committee meeting · Steering Committee. Policy Committee. and Constituency Group r~UGUST · Nominating Committee Hearing · - · Annual Business -Xleetings · Special regional / national conferences · Election of Officers · Adoption of National Municipal. Policy SEPTEMBER · Release of Annual "Futures Report" APRI~ · Steerir~g Committee ?4eetings ·Con. stituency group meetings · Special regiona / national conferences · Nominations for Committee ~ Spec,a regional / national conl'erences · NATOA Annual Conference Officers and Members NATIONAL LEAGUE OF CITIES CENTER FOR POLICY 8, FEDERAL RELATIONS 1994 FINAL LEGISLATIVE REPORT FROM THE 103RD CONGRESS mandates welfare reform ' ~. b~d~ takings preemptions OVERVIEW The 103rd Congress adjourned October 8th. During this session, Congress considered some 3060 bills and passed 459. For cities and towns, the two most important bills Congress passed were the 1993 Economic recovery Act and the 1994 Anti. Crime bill. Despite passing and sending to the President 141 bills in its last week in session, Congress failed to act on NLC priority issues, killing year.long efforts on state and local relief from unfunded federal mandates, on revising and improving the Safe Drinking Water Act, on rolling back newly triggered stormwater mandates, or on restoring municipal authority to regulate garbage and tow trucks. Congress also failed to complete action on legislation to restore local flow control authority, to limit municipal liability under Superfund, to reauthorize the nation's housing and community development laws, or to subject Congress to the same labor mandates as state and local governments. Legislation not acted upon when a Congress adjourns automatically dies. Although Congress is scheduled to return at the end of November, its lame duck session is strictly limited to action on the GATT international trade treaty. The'lO3rd Congress will then formally adjourn on December 1, with the new 104th Congress scheduled to be sworn in early January. In its closing days Congress did pass and send to the White House legislation to provide municipal bankruptcy relief, to give cities a priority role in military base closings, and to authorize payments in lieu of taxes for local governments with realizing revenue losses from lands under federal control. With Congress completing action on nearly 25 percent of the 459 bills it passed in its final eight days, the closing week sent a message to municipal leaders that municipal priorities'were Iow on the totem pole. ACTIONS THE PRESIDENT AND CONGRESS TOOK TO HELP CITIES & TOWNS The key victories for cities came in the hard.fought successes on public safety-especially the passage of the anti.crime and Brady bills. The crime bill provides-for the first time-direct and balanced federal assistance to cities and towns, both for prevention and enforcement. Both bills will help local governments in an efforts to reduce the trafficking of handguns and assault weapons. In its closing h°urs, Congress also passed legislation to permit municipalities to perfect and enforce tax liens after a petition for 'bankruptcy has been filed and to allow municipal tax liens to be paid in full before junior lienholders are paid. These provisions of federal bankruptcy reform promise to permit cities and towns to pursue tens of thousands of dollars of revenues. Congress also completed changes to the McKinney homeless program to eliminate the current preference for homeless advocacy groups in terms of priority access to closed military bases. The new law, written in coordination with municipal leaders, gives local governments a priority role in shaping and implementing reuse plans. There was some good news for municipal leaders when some legislation died. Legislation to impose new unfunded federal mandates on cities died in Congress' waning hours. Legislation to expand the Occupational Health and Safety Act (OSHA) to cover all municipal employees died. With both the House and Senate lead sponsors retiring, the chances of this mandate expansion coming back in the next Congress are dim. Similarly, legislation which might have subjected states and local governments to citizen suit liability with regard to setting up federally modeled One Call legislation for any pipeline excavation died-providing some relief to cities and towns. For city and town leaders, the key failures were all mandate related. Despite over 60 co-sponsors of the Kempthorne-.Glenn State and Local Mandate Relief Act in the Senate and a solid 35..4 margin of victory in the House Government Operations Committee on the Conyers--Clinger version in the House, neither House even scheduled a vote. Last minute opposition from the Chamber of Commerce and from state water administrators doomed a bipartisan Senate compromise to protect cities and towns from the EPA stormwater mandates that were automatically triggered into effect on October 1st. Thousands of cities will now have to grapple with the enormous costs, complexity, and liability of meeting this new, unfunded federal mandate. The moratorium on EPA unfunded federal stormwater mandates expired on October 1st, imposing a requirement on all municipalities with a population under ~100,000 to obtain permits from EPA for every stormwater discharge point in a city or town..a cost estimated at as much as ~;625,000 per permit. The rush to adjourn and partisan division succeeded in killing NLC.supported efforts to pass legislation to reform the Superfund program and to provide municipal liability protection. It ended efforts to restore municipal authority to enforce already enacted flow control ordinances, endangering bond ratings in at least 100 cities. Efforts to complete action on legislation to revise and make the Safe Drinking Water Act more flexible for the nation's cities and towns died in the crossfire between the House and Senate, leaving in place complex, expensive, and wasteful federal regUlations, penalties, and requirements. House-Senate disagreements also undercut an' agreement to protect cities from the broad preemption of trucking regulation Congress passed and the President signed into law last month. The failure to exempt cities and towns guarantees preemption of municipal authority to regulate tow trucks, wreckers, garbage and other trucks effective January 1. Sen. Commerce Committee Subcommittee Chairman Wendell Ford (D-KY) had successfully offered an NLC-supported amendment to fully protect municipal interests in the Senate. Ford's amendment would have exempted the municipal transportation of garbage and refuse; the collection of recyclable materials that are part of a residential curbside recycling program; and the regulatory authority of an agency before January 1, 1997, insofar as such authority relates to tow trucks or wreckers providing for hire service. But the efforts were dashed by House opposition. B~:~ 104TH CONGRESS PREVIEW [I With the nation set to go to the polls just a few days after the close of National Unfunded Federal Mandates Week, the new 104th Congress is likely to revisit many of the issues and priorities which died in the 103rd. With experts predicting a shift in both the House and the Senate, with some projecting Republican control, the outlook is for an even more difficult climate for cooperation between the White House and Congress. Federal budget and tax issues are likely to take front billing early on in the new Congress with strong pressure to cut middle and upper income taxes, but to vote for a balanced budget amendment to the Constitution. Many also expect a major effort to increase defense spending and offset any increases with cuts in programs going to local governments. _ The combination of tax cuts and a balanced budget amendment would impose a huge burden on the federal deficit--almost certainly leading to further unfunded federal mandates on state and local governments and sharply reduced federal resources. The budget and tax issues are certain to dominate the opening months of 1995. But both the White House and Republicans expect to make welfare reform a top priority in 1995--although neither side has clearly spelled out the role or potential liability of cities as the employers of last resort under virtually all proposed approaches. Welfare reform could well displace health care reform on the national agenda. Senate Republicans have made clear there will be a major effort to pass takings legislation. Coming after the Supreme Court decision against the City of Tigard, Oregon, Congressional action on takings could have significant implications for local governments. The action could accelerate Congressional efforts to preempt state and municipal authority. Efforts to preempt any local role in telecommunications is also a certainty to come back. With the House passing such legislation by an overwhelming margin this year, there will be a renewed effort in 1995. Finally, the White expects to press efforts to consolidate and provide a.role for cities in job training. With nearly 160 current federal programs, virtually none of which go through local governments, this initiative could provide an opportunity for cities on a critical area for economic development. ~ 1994 STATUS OF MAJOR LEGISLATION IN -- = CONGRESS AFFECTING CITIES LEGISLATIVE ISSUES HoUsE SENATE STATUS II BUDGET, TAX. AND FINANCE H.R. 5128 S. 993 Died Q Mandates Reported out of Reported out Relief' Government of Operations Governmental Committee Affairs Committee G .lt.R. 5116 II.R. 5116 Passed and Sent to [he White Bankruptcy exemption to House allow municipalities to collect post bankruptcy petition property taxes. H.R. 3630. Died. Q Reduce Arbitrage & Rebate Public Finance Mandates on Municipal Bonds & Infrastructure Act. O Mail order Sales S. 1825 Died Census H.R. 5084 H.R. 5084 Passed and sent to the White House. ENVIRONMENT Q Flow Control H.R. 4683 S. 2227 Supreme Court Carbone passed decision overturns municipal authority to adopt flow control ordinances. Q H.R. 3392 S. 2019 Died SDWA Passed. O Superfund H.R. 4916 S. 1834 Died Q No Bill S. 2507 Died Stormwater Control Reform Act H.R. 3948 S. 1114 (~ Clean Water Hearings Reported out concluded, of Senate Environment & Public Works. III I-I.R. 3425 S. 141 Key NLC unfunded mandates G EPA Cabinet Status Rule Rejected. Passed 5/4/93 victory. HUMAN DEVELOPMENT Crime Control Act of 93 H.R. 3355 H.R. 3355 PL. 103-322 Welfare Reform No action taken. II.R. 3355 Ilearings Held Died G ADEA Pending in Crime Bill Social Security H.R. 4277 H.R. 4277 In conference. H.R. 1280 S. 575 Died G OSHA Reported out of Hearings (Would mandate compliance on all Committee. concluded. states and local govermnents.) IIEALTII CARE Health Care Reform H.R. 3600 S. 1757 Died (see attached) pending, pending floor H.R. 1200 action. reported out of Education and Labor Committee. COMMUNITY AND ECONOMIC DEVELOPMENT O tl.R. 2666 S. 125 Signed into Law Community Development Passed House Passed Senate August 4, 1994 Banks Banking Sub- Banking House passed 410-12 (CDFI) committee. Committee. August 9, 1994 Senate unanimous Consumer Insurance Protection H.R. 1188 S. 1917 Passed by House Waiting House July 12, 1994 action. Died in Senate H.R. 3636 S. 2049 July 22, 1994 O Housing and Community Reported out of Reported out Passed by House DeveloPment Act of 1994 House Banking of Senate 345-36 Committee Banking S. 2049 Died 6/i 5/94. Committee 6/21/94. TRANSPORTATION & COMM'UNICATION Airports S. 1491 S. 1491 Signed into law. passed Senate. passed House. H.R. 3636 Reported out Died Q Telecommunications Passed full of Senate Infrastructure committee, Commerce waiting for Science & House action. Transportation 8/11/84 National Highway System S. 1887 Died No further action expected. /ISTEA H.R. 4385 passed House JOB TRAINING G Passed House Passed Senate Bills will go to conference. -_ School-to-Work Nov. 15 Feb. 8 HUMAN DEVELOPMEIgT . AGE DISCRIMINATION IN EMPLOYMENT (ADEAi~ "k' ANTI-CRIME LEGISLATION 'k' Legislation that would permanently exempt all state and local public safety aoencies from the ADEA, thereby permitting.all On September 13, President Clinton signed into law the cities and towns the flexibility to consider age in-hiring and. retiring policies was eliminated 'from the anti.crime biff. largest, most comprehensive anti-crime initiative in our nation's history. Unlike previous efforts, the new law, P.L. Attempts to attach the measure to other legislation befo'ie the end of the 103rd Congress were unsuccessful. 103.322, provides' direct federal assistance to cities and towns for a broad range of enforcement programs, including Earlier in the session, legislation was approved by the House $8.8 billion for community policing, and prevention programs, without controversy. However, retiring Sen. Howard including $1.§ billion Local Partnership Act (LPA). It also Metzenbaum (D.OH) was adamantly opposed and fought all provides funds for prison construction, bans 19 specific assault weapons, allows the notification of residents when attempts to move the bill in the Senate. It appears sex offenders are released into the community, and mandates questionable that this legislation will move next year because of the action necessary at the state level to address the fall- life sentences for criminals convicted of three violent felonies, out of the exemption which expired Oecember 31, 1993. NLC Position: NLC supports the ADEA exemption. No sooner did the bill get signed into law than municipal elected officials found themselves fending off efforts by Sen. Phil Gramm (R-TX) who attempted, but failed, to eliminate 'A" HEALTH CARE REFORM ~ virtually all of the hard fought for prevention programs. All health care reform iegislation pending before the 103rd Gramm sought to accomplish this by'attaching an amendment to the FY 1995 District of Columbia Appropriations bill. Congress died when Congress adjourned for the November elections. The outlook for action on health care in 1995 is Gramm's actions are but the beginning of what municipal uncertain, although it is clear that any effort would be far leaders can expect next year when the new Congress must narrower than the President and Congressional leaders appropriate funds for FY 1996, the first year the LPA, the proposed in 1994. Universal coverage is almost certainly off Prevention Block grant program, and others are authorized, the. table, and welfare reform could well take priority over health care in the key Congressional committees. The authorizing language in the new law will again be the target of attacks by Gramm and other opponents of prevention efforts. Also facing renewed opposition is the NLC Position: NLC did not take an official position on any NLC-supported assault weapons ban provisions, of the scores of bills pending during the 103rd Congress but rather focused on specific issues effecting municipalities as NLC Position: NLC worked for six long years to enact the employers and providers of services. new anti-crime law. NLC stronglY supports the prevention programs especially the LPA and Prevention Block Grant among others. NLC also backs the assault weapons ban it is important for municipal provisions, leaders to use .this intervening period to [aJ meet w/th local employers in the health care ;:? !"i between Congresses to stress of health care reform and what it might mean in terms the importance of certainty of funding for the /PA and of employment in different cities and [bi meet with your prevention block grant programs. The more able c/ties new delegation to impress upon them your need for are to build these funds into their pub/lc safety sessions with the CongreSsman or Senator at City Ha// budgets, the more effective the local programs wi//be, for an explanation of exactly how any health care reform proposals wi//affect the city or town. FEDERAL MAlgDATES separate storm sewers are now required to obtain National & ENVIROfgMElgT Pollutant Discharge Elimination System (NPDES) permits for their stormwater run.off. For municipalities, the potential critical issue is that permit applications for cities already in " _ _ "A" MANDATES "Jr the program have cost an average-$625,000. In addition, ' local governments are now confronted with the herculean State and local mandate relief legislation (S. 993 and H.R. task of obtaining over 7 million stormwater permits from = '" 5128) fell victim to unrelated amendments in the Senate and states and the EPA. a lack of commitment from the HouSe leadership. In the Senate, S.993 got about one hour of floor time before EPA Assistant Administrator for Water, Robert Perciasepe extraneous amendments derailed the debate. In the House, told NLC that EPA "expects to release guidance soon felting although the Government Operations Committee voted 35-4 people know that enforcement against the sources brought to send H.R. 5128 to the full House for consideration, the in on October 1st will be a Iow priority. The only exception House leadership refused to act unless and until the Senate will be for those dischargers that have been specifically passed the Kempthorne. Glenn bill. The late timin9 of the notified that they need to apply." City officials should be House Government Operations Committee mark.up, and the aware., 'however, that EPA is not the only enforcement insistence of Rep. Henry Waxman (D-CA) that the bill be held authority. The Clean Water Act, of which the stormwater the requisite three days before full House consideration, also provisions are part, authorizes citizens to sue for failure to contributed to the problem. However, of the 459 bills comply with the law's provisions. passed in the 103rd Congress, over 140 passed during the last week of the session. If there had been will among the "Over the coming months we also will be moving ahead to Leadership, there would have been a way to pass mandates explore the best ways to construct a Phase 2 stormwater relief. program that is workable and environmentally protective," . I I Perciasepe continued. "We expect to accomplish this National Unfunded Mandates through strong collaboration with the states and cities and ACTION Week, October 24-3L is the time others who will be implementing the program." to channel the frustration felt. by local elected officials across the The compromise proposal, S. 2507, developed in the waning nation over the failure of the mandates relief h/ii. days of the' 103rd Congress, would have provided relief from Cities and towns should choose two days during this some of the more onerous provisions of the stormwater week to conduct activities. One of the days should be requirements for all cities. used for c/t/zen education on how unfunded mandates affect inca/taxes, fees, and services. The other day -- First, the measure would have imposed a ten.year should be used to focus on the municipality's moratorium on the requirement for stormwater rUn.off to congressional delegation. Local leaders should seek a meet water quality standards, a provision that would have signed p/edge or commitment from their Senators and affected all municipal stormwater permits. Representatives to support mandates relief legislation -- Second, the measure would have delayed stormwater and work toward getting a vote in both Houses on management requirements for municipalities surrounding cities mandates relief b/lis in the i§4th Congress. already required to comply with the stormwater provisions until the next permit term (4 years for suburbs of cities over A special thanks to all who put forth extra effort on S. 250,000 and 5 years for suburbs of cities over 100,000). 993/H.R. 5128 during the final days of the session. -- Third, the measure would have delayed implementation Because of your help, mandates relief came within an inch of a stormwater management program in cities in urbanized of becoming a reality. areas of 50,000 population for seven years. -- Fourth, the measure would have permanently ~ STORMWATER ~ exempted all other municipalities. -- Fifth, S. 2507 would have authorized $100 million With the failure of Congress to take action on a stormwater over the next ten years to fund municipal research and compromise, all cities .. regardless of population., with demonstration programs to determine whether and hOw municipal stormwater programs could be developed to 'A" FLOW CONTROL ~ achieve water quality standards. · - And, finally, the bill would have delayed stormwater Despite negotiations with Browning. Ferris Industries (BFI) -- requirements for commercial facilities for 8 years, the principal .stumbling block to enacting flow control ] ] 'egis.l-ation" that contin, ued until the closing hours, of the Leaders should malce sure to put 103rd Congress, legislation overturning the Supreme Couri ACTION. this item high on the list of your decision in C.A. Carbone v. Clarkstown, NY, passed only Congressional delegation for the House, not the Senate. In addition to the BFI opposition,' immediate action in the 1£4th the demise of flow control legislation is also attributed to/.ts Congress. In the interim, c/ties newly involved in the' linkage to legislation addressing the interstate tranSport of stormwater program should: (1) contact their state municipal solid waste. Efforts to de-link the proposals did water poLLution controL administrators and seek advice not succeed. on how, when and where to file a permit application; and (2) where possible, contact municipaL stormwater '~' SUPERFUND ~ officiaLs in neighboring cities a/ready required to have permits (i.e., c/ties over fOg, OLIO population that have The proposed legislation to amend Superfund (HR 4916, S. separate storm sewer systems) for advioe on how to go 1834), this country's hazardous waste cleanup law, was about comp/?/ng with the stormwater management declared dead before reaching the floor of either the House requirements, or Senate. '~ SAFE DRINKING WATER ACT -~- The proposed, bills to reform the Superfund law would have eliminated, in most cases, the use of joint and several Amendments to the Safe Drinking Water Act, which passed liability and replaced it with a 'system that based liability on both the House and Senate, went down the drain along with a polluter's contribution to a site. Cities and towns would all the other environmental proposals that never saw final have benefitted from the legislation's enactment, particularly action. The confrontational strategy by the House .- waiting because of provisions that would have substantially limited until the final days to send a new bill to the Senate and municipal liability, tied remedy selection and cleanup essentially telling them to "take it or leave 't, failed, standards to future land use, and encouraged redevelopment. of urban sites by exempting future purchasers of property The demise of the drinking water act amendments essentially from liability. leaves cities subject to the existing, seriously flawed statute. It is expected that there will be renewed efforts to revise Although Superfund reform won bipartisan support from five the Safe Drinking Water Act in the next Congress, but it is committees, it ran up against last minute disputes over some unlikely that final resolution will occur quickly, controversial amendments. These included an NlC-supported amendment limiting the scope of the Davis. Bacon wage 'A" INCINERATOR ASH "A" provision to sites that are only fully federally funded, and an amendment requiring that EPA undertake a cost-benefit No sponsor was ever found for the compromise proposal, analysis when selecting a cleanup remedy. developed with the Environmental Defense Fund (EDF), Waste Management, Inc. (WMX), and NLC, NACo and the Solid In addition, some Senate Republicans threatened to offer Waste Association of North America (SWANA), which would numerous amendments to the bill when it reached the Senate have amended the Supreme Court decision in £/ty of Chicago floor. v. EOf'. EPA is expected to move forward in developing and promulgating new criteria on the disposal of incinerator ash. To date, there has been no further discussion about next legislative steps on the ash disposal question. Special thanks to Oan Beardsley, Executive Director of the Committee, you may want to oreo' that member to Rhode Island League, Chris McKenzie, Executive Director of consider becoming a lead sponsor of the bill in the the Kansas League, and Mayor Jack Lynch of Butte, House. Montana and his Planning Director, John Sesso, for their diligent lobbying efforts on behalf of all cities, and to all the Also, res°lutionsadoptedeither_by/ocalcornmunities or other elected-'~fficials, league directors and staff who state leagues advocating the enactment of this worked hard for. the enactment of Superfund legislation. /eEls/at/on wouldbe very helpful. For draft resolutions, J, [ contact Barr/e Tab/n at 20Z~.$15¢. Urge your Congressional ACTION Representatives and Senators to ~ CENSUS rjr - make Superfufldreform a priority for the l§4th Congress. Local governments scored a victory last week when both the House and the Senate approved and sent to the President FINANCE & INTER-GOVERNMENTAL HR 5084, "The Census Address List Improvement Act of RELATIONS 1994." "k" BELLAS HESS. COLLECTION OF 'k' HR 5084 makes major strides in minimizing.frustrations local 9overnments face when reviewing and evaluatin9 census INTERSTATE. SALES TAXES products by providing a more constructive means for local 9overnment input and by opening the channels of No significant action was taken this Congress on S. 1825, communication between local government and the Census the "Tax Fairness for Main Street Business Act," which was Bureau. These new procedures found in HR 5084 should introduced by Senator Bumpers (D-Ark) in late January. The help to ensure that all households in local jurisdictions are NLC-supported legislation would allow state and local accurately counted in the census and help to establish an governments to require direct marketing firms to collect and atmosphere of trust between local officials and the Census remit some $3 billion in taxes on sales of personal property Bureau. delivered into that state and/or local jurisdiction. A loophole in federal law exempts direct marketing firms from the Specifically, HR 5084 will require that the Census Bureau collection and remittance of the sales tax. Meanwhile, main review address information submitted by a local government street businessmen and women are compelled by law to and provide a' response to the local government regarding the collect and remit this tax. · Census Bureau's consideration of such information. The bill is intended to level the playing field for local small In addition, the bill provides for a mechanism whereby a businesses currently required to collect and remit the sales census liaison appointed by each local government will have tax. !n addition, it should encourage the creation and an opportunity to review the Census Bureau's address growth of small businesses, increase job opportunities, and information for the purposes of verifying the accuracy of this improve economic conditions in local communities, information and making recommendations for change. The Senator Bumpers has committed to introducing the "Tax census liaison may not Use the information for any other Fairness For Main Street Business Act" early in the 104th purpose and is subject to penalties for improper disclosure. Congress. A House sponsor for the bill is still needed. This address information compiled by the Census Bureau is I i important because it forms the basis for determining which Set up rneet/ngs w/th your households are counted in the census. ACTION Representatives and Senators while they are at home over the next few months to urge them to be original co.sponsor$ of the "Tax Fa/mess for Main Street Business Act" in beth the Senate and the House. If you have a member on the HoUse Judiciary Thebill alsorequiresthe ChiefStatisticianat theOffice of H 0 U S I G & C OM M U I Y Management and Budget to develop an appeals process for local governments to use if they dispute earlier DEVELOPIV]E T determinations made by the Census Bureau regarding the accuracy of the address information. The proposed appeals 'k' COMMUNITY' & ECOAJOMIC-DEVELOPMEAII' process will be published for public comment. Congress rejected proposals to cut the Community ¢r BANI(RUPTCY ~ Development Block Grant (CDBG) and HOME state and local' housing block 9rant programs and instead voted to increase In a victory for local 9overnments, both the House and the them, but failed to reauthorize the nation's housing and Senate voted last week to approve and send to the community development laws. President HR. 5116, the "Bankruptcy Reform Act of 1994." The legislation is designed to make federal bankruptcy The House passed the Housing and Community Development proceedings easier, less expensive, and fairer to creditors end ReaUthorization bill, HR 3838, on July 22 by a vote of 345. ~ debtors than the current system, and to establish a 36. The Senate version, S. 2281 (formerly S. 2049), was commission to review the Bankruptcy Code and to make approved by the Senate' Banking Committee on June 21. recommendations for change. However, in the hectic last days of the 103rd Congress the bill was allowed to die in the Senate. The nation's housing More specifically, HR. 5116 includes an NLC-supported and community development laws--except for those amendment to section 362 of the Bankruptcy Code which reauthorized for one year by separate appropriations will give cities and towns the opportunity to collect millions legislation-.expired on September 30, 1994. of dollars in property taxes owned by private entities. The amendment to section 362 will allow local governments to Congress pas~ed HUD's fiscal 1995 appropriations bill, HR perfect and enforce property tax liens even after a petition 4624, so previously authorized programs will continue. New for bankruptcy has been filed, initiatives (*) and the combining of six homeless programs covered by the McKinney Act will have to wait for action in Under recent federal court interpretations of current the 104th Congress before they can be implemented. bankruptcy law, many cities and towns have been prevented from collecting or enforcing payment of unpaid taxes for post Among the previously authorized HUD programs that will ~.- petition filings. As a result, local governments have been continue are the HOME Investment Partnerships Program, the unable to collect property taxes once an entity has filed for National Homeownership Trust Demonstration Program, bankruptcy; yet, are still required to provide a full range of Homeless Assistance, Community Development Block Grants public services to delinquent debtors, and Fair Housing and Equal Opportunity activities. National Contributions for Assisted Housing will continue and the The amendment to section 362 found in HR. 5116 will funding authorized for the new initiatives (8500 million)by remedy that problem by requiring debtors to continue paying the administration will be shifted to incremental rental :, property taxes to the local government even after they have assistance. I filed for bankruptcy. There were significant increases in 1995 HUD appropriations The bill also includes an NLC.opposed provision to require a over 1994 for key programs. The Community Development municipality to get specific authorization from the state in Block Grant program (CDBG) will have ~;4.6 billion, 5200 order to file for federal bankruptcy protection. Under current million more than requested by the Clinton administration and federal law, no specific authorization is required; although the same amount more than the 1994 appropriation. HOME specific authorization is currently required under some state will have $1.4 billion which is an increase of ~;125 million, laws. This provision could curtail a city's ability to file forthe National Homeownership Trust Demonstration program, bankruptcy protection and remove a fundamental right for not funded in 1994, will have ~;50 million in 1995. cities and towns that is otherwise provided to individuals, families and corporations. .7 ° The new community and economic development initiatives passed the Senate version of the EDA reauthorization ant ~ would estabhsh: sent it back to the Senate for a final vote. At the eleventh hour, a hold was placed on the bill, so time ran out before - empowerment zones and enterprise communities to it could dome to the floor. S 2257 would have reauthorizec , provide grants for capital projects that could be the Economic Develppment Administration through 1997. .. used for a range of projects at local discretion: The EDA has not been reauthorized since 1980. The EDA ~- provides grants fOr public works projects. This year's · new economic development grants to assist in the authorization would have produced a greater balance ~ financing of economic development projects in between urban and rural funding. In the past, the EDA has conjunction with loans under the section 108 Loan · always funded far more rural public works than urban ones. Guarantees Program; 'A" MILITARY BASE CLOSURES "A" a colonias assistance program to improve .the infrastructure and housing needs of cofonias Just before adjourning, Congress passed and sent to the residents; President for his signature the Base Closure Community · Redevelopment and Homeless Assistance Act ~ff 1994. This · a metropolitan areawide strategy demonstration to legislation is designed to improve the military base closure test new ways of implementing comprehensive 'and reuse process by exempting the military base closure and residential choice strategies; and reuse process from the McKinney Homeless Assistance Act. Under this NLC-supported bill, homeless organizations would · a neighborhood LIFT program to provide project, no longer be able to work with the federal government based assistance to stimulate investment in directly in obtaining priority for reuse of a closed military economic and physical revitalization of urban base. neighborhoods. This new approach to base closures will allow local I IEarly in the ,£4th c°ngres$ redevelopment authorities to develop reuse plans, subject to ,4C~'ION municipal leaders sl~ould push for approval by HUD-giving local governments first priority in HLll7 reautllorization and work to planning and developing base reuse plans in cOoperation with incorporate NLC hous/n9 po/icy all interests Jn a community, not just the homeless as in the goals in tl~e legislation, past under the McKinney Act. The Senate bill, introduced by Senator Feinstein (D-CA), is a companion to an effort authored by Rep. Jim Moran (DNA), former NLC Human :,4" DEFENSE CONVERSION 'A' Development Chair. The Defense Appropriations Conference Report (FY '95 ), "A" COMMUNITY DEVELOPMENT BANKS 'A- H.R. 4650 approved $3.3 billion for defense-conversion efforts aimed at helping military personnel, contractors and The Community Development Banking and Financial their employees and communities adjust to big drops in Institutions Act of 1994 passed in the House on Auqust 4 defense spending. The House vote was 327 -86 and it was by 410.12 and in the Senate unanimously on August'9. It approved by a voice vote in the Senate on September 23, will strengthen established CDFIs and encourage new ones, 1994. significantly extending the industry's ability to provide credit and related technical assistance in the nations's distressed 'k' EDA -~ communities. Funding for FY 1995 is ~;125 million, which includes a ~;39 million set-aside for a program that' The Economic Development Administration Act of 1994, S encourages depository institutions to make equity 2257, was passed by voice vote in the Senate Environment investments in CDFIs. Details on the legislation may be and Public Works Committee on september 27 and HR 2442, obtained by calling (215) 736-1644. the House reauthorJzation of EDA, passed on May 12 by 328 - 89. In the final hours of the 103rd Congress, the House 6 TRANSPORTATION ACTIO]V. incumbent Senators £epresentative$ and their challengers before the election, Telecommunications legislation died in this Congress, but is and with your new delegation after the election. This certain to come back next year when Congress will is a critical time to force them ~o assess the r°/e and reconsider legislation to allow telephone companies to enter access o/ communities to the information the cable market without a local franchise. Local officials superhighway, and to obtain commitments from them to. must act now to.safeguard our communities' interests, ensure cities and towns are at the table the next time around. Persona/meetings or telephone calls are better The U.S. House of Representatives passed H.R. 3636 (which than letters. was combined with H.R. 3826, and renamed H.R. 3626) which preempts municipal authority for franchising The key points to make are: agreements for telephone companies providing cable. While H.R. 3626 would permit a local government to impose a fee, · Local officials must be able to manage even that. provision would not match the franchise fee access to their public rights.of-way and obligation of cable companies, receive just compensation for the use of the public rights.of.way. The Senate Commerce Committee passed and sent to the full Senate a bill proposing even broader state and local · Telephone companies should be subject to preemption, S. 1822. S. 1822 was withdrawn before it the same obligations as cable companies, a could be voted on by the full Senate this week. level playing field. The Clinton Administration supports telephone company entry · Telephone companies should not object to into the cable market without a franchise agreement with making the same commitments to the local governments. Even more alarming, a White House community as cable companies. position paper recommends relieving cable companies of their existing federal franchise obligations in most instances. · Franchising will not slow development of the information superhighway; on the In the rush to unleash the telephone companies and promote contrary, localities welcome competition ~ competition, many Washington officials are ignoring the and can expeditiously authorize new community needs and interests protected by the franchising entrants. system. Senator Hollings (D.S.C.), a key sponsor of S.1822, has vowed to bring the legislation back during the next · Only local, franchising can address each Congressional session. Representative Markey, a key community's unique interests; nationalizing sponsor of H.R. 3626 has also vowed to bring his legislation requirements like PEG access cannot reflect , back for the next Congressional Session. the diversity of the country's communities. · If communities are to participate in the .. ~ IF LOCAL OFFICIALS DO NOT ACT KEEP THE information superhighway, local officials PRESSURE ON, CONGRESS MAY SOON PASS, AND THE must play a meaningful role. PRESIDENT MAY SIGN, LEGISLATION TO PREEMPT LOCAL JURISDICTION AND' ALLOW USE OF PUBLIC · Telephone company competition to cable is RIGHTS-OF.WAY WITH NO COMPENSATION TO THE consistent with a franchising process; the LOCAL GOVERNMENTS OR COMMUNITY OBLIGATIONS. federal government should not preempt local governments from protecting their communities. r~ ~ MUNICIPAL TRUCKING PREEMPTION 3¥ conference on the bill was not scheduled and the legislation' died. President Cfinton signed new Airport Improvement legislation into law in September which will deregulate state and The National Highway System Designation Act of 199~ , municipal regulation of trucking effective January 1, 1995. would designate 159,000 miles of roadway, giving thos[ .~ We believe that the language in the statute could prohibit routes priority for federal aid. The proposal, which wa: ., municipal regulation of tow trucks, wreckers, and trucks that submitted to the Committee by the U.S. Department o- , carry recyclables. Attempts to fix the problem caused by Transportation, requires all future modifications to this provision were unsuccessful in the closing hours of the approved by Congress, and requires the Department tc 103rd Congress. NLC is continuin9 to contact key members submit an intermodal National Transportation Systerr for support in fixing the problems caused by this preemption proposal to Congress within two years. The bill would haw provision. authorized $900 million in new highway projects through I I 1997 and redirected more than ~600 million for transit Please contact your delegation projects. ACTION during this recess and express the importance of continued Congress will take the issue up again in the next Congress. municipal oversight over tow trucks, wreckers, and trucks that carry garbage, refuse, I I Please ask your delegation to and recyclables. Please ask your delegation to express ACTION ' . include designation of an your concerns to Senator Ford (§.KY) and National Transportation System Representative Mineta (O.CA). when it designates a NHS. "k ONE CALL ~ Although, One Call legislation, legislation to improve the state's one call systems to prevent damage to utility lines, Airport Improvement Program legislation passed and was passed the House, it died because it did not pass the signed into law on August 23, 1994. As passed, the final Senate. The final version 'of the bill dropped its NLC. bill would permit cities to use the Passenger Facility Charge opposed mandatory provisions, but NLC continued to oppose (PFC) to meet the cost of paying for federal mandates, as the legislation, because of concern about the liability of long as those are eligible purposes under Airport Improvement municipalities under the bill if they do not adopt the one call grants. The new law prohibits states and local governments systems recommended by the bill. from collecting any new tax, fee, or charge to be imposed ,exclusively upon any business located at an airport or P/ease contact your delegation to operating as a permittee at an airpOrt-other than one utilized express your views on tMs for airport or aeronautical purposes. The bill sets a new /egis/at/on. federal Precedent permitting the U.S. Department of Transportation to levy civil fines of up to $50,000 for violations of airport grant assurances with regard to airport diversion. 'A" NATIONAL HIGHWAY SYSTEM In a' modest NLC victory, the final agreement would permit The legislation to designate 159,000 miles of roadway, municipal airports to have revenue surpluses, and the bill giving those routes priority for federal aid died. The House creates a dispute reconciliation procedure that better approved H.R. 4385, the National Highway System · protects municipal credit ratings when airlines file complaints Designation Act of. 1994 on May 17, 1994. The Senate about airport landing fees. The original Senate version would approved S. 1887 (its NHS bill) on September 23, 1994. have jeopardized such ratings by subjecting municipalities' to However, the House bill contained many demonstration having any such landing fees diverted to an escrow account projects and the Senate wanted a "clean" bill.' The two .. and. subjected to federal litigation. sides were unable to come to an agreement, so the 8 In a separate section of the final agreement, Congressiona{ conferees adopted a preemption of state trucking regulation of prices, routes and services by air carriers and carriers affiliated with a direct air carrier. I P/ease see above statement on AC~'[ON trucking deregulation provision. .~, TRANSPORTATION APPROPRIATIONS ~r The Transportation Appropriations bill, H.R. 4556, approved by Congress cut key municipal transportation programs. The bill which apportions funds for all transportation programs for F¥95, appropriated 517.16 billion for federal highway assistance (a slight decrease from FY 94), 54.6 billion for mass transit (same level as FY 94). Conferees cut transit operating assistance more than '10 percent-from $802 million to 5710 million. In a victory for rural cities, the conferees agreed to keep the NLC-supported Senate provision which' authorizes funds for the Essential Air Service Program. The funding level for the Essential Air Service Program will remain at the same level as FY 94, 5 33.4 million. P/ease ta//~ to your delegation I z~C~'~OZ~ about tile importance of transit · operating assistance and Essential Air Service. Both programs are/i/~e/y targets next year as we//. 9 Jr KEY MUNICIPAL VICTORIES .jr The key victories for cities came in the hard-fought successes on public safety--especially the passage of the anti-crime and Brady bills. The crime bill provides--for the first time--direct and balanced federal assistance to cities and towns, both for prevention _-.and enforcement. Both bills will help local governments in an effort to reduce the trafficking of handguns and assault weapons. Jr WHAT DIED Jr FOR CITY AND TOWN LEADERS, THE KEY FAILURES WERE ALL MANDATE RELATED. Mandate Relief: Despite over 60 co-sponsors of the Kempthorne--Glenn State and Local Mandate Relief Act in the Senate and a solid 35--4 margin of victory in the House Government Operations Committee on the Conyers--Clinger version in the House, neither House even scheduled a vote. Clean WaterlStormwater: Efforts to reauthorize the Clean Water Act held in 1994; separate efforts to enact a permanent fix on Stormwater also died. When Congress failed to act, the unfunded federal stormwater mandates moratorium expired'on October 1st,. imposing a requirement on all municipalities with a population under 100,000 to obtain permits from EPA for every stormwater discharge point in a city or town--a cost estimated at as much as $625,000 per permit. Su@erfund: The rush to adjourn and partisan division succeeded in killing NLC-supported efforts to pass legislation to reform the Superfund program and to provide municipal liability protection. Flow Control_.' Efforts to restore municipal authority to enforce already enacted flow control ordinances, endangering bond ratings in at least 100 cities, died. Safe Drinking Water: Efforts to complete action on legislation to revise and make the Safe Drinking Water Act more flexible for the nation's cities and towns died in the crossfire between the House and Senate, leaving in place complex, expensive, and wasteful federal regulations, penalties, and requirements. Health Care: Ambitious efforts to reform the national health care system died. The major bills provided little role for cities and towns. The collapse of health care reform ensures that--at most-Congress will undertake narrow changes next year. Telecommunications: The House overwhelmingly passed legislation to lay the groundwork for an information superhighway, but the bill died in the Senate. Next year Congress will reconsider legislation to allow telephone companies to enter the cable market without a local franchise. Local officials must act now to safeguard our communities' interests. ~r PREVIEW Jr With the nation set to go to the polls just a few days after the close of National Unfunded Federal Mandates Week, the new 104th Congress is likely to revisit many of the issues and priorities which died in the 103rd. With experts predicting a shift in both the House and the Senate, with some projecting Republican control, the outlook is for an even more difficult climate for cooperation between the White House and Congress. But both the White House and Republicans expect to make welfare reform a top priority in 1995--although neither side has clearly spelled out the role or potential liability of cities as the employers of last resort under virtually all proposed approaches. Welfare reform could well displace health care reform on the national agenda.  NATIONAL LEAGUE OF CITIES "' '" " -k 103rd CONGRESS -k SCORECARD DIED PASSED TO COME IN 1996 Mandates Crime Mandates Flow Control Flow Control Safe Drinking Water Sa~e Drinking Water Clean WaterlStormwater Clean WatedStormwater Superfund Superfund Health Care Brady Health Care Telecommunications Telecommunications Weffare Reform PLEASE SEE REVERSE OF THIS CHART FOR EXPLANATION OF BILLS October 21, 1994 CENTER FOR POLICY & FEDERAL RELATIONS