Loading...
HomeMy WebLinkAboutRES-2018-037 Resolution regarding OC legislative Matters - Clean Water Mgmt Trust Fund fundingNORTH CAROLINA ORANGE COUNTY RES- 2018 -037 RESOLUTION REGARDING LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby expresses its general support for the North Carolina Association. of Counter Commissioners 2018 Short Session Priorities and Goals provided in EXHIBIT A. However, the Board of, Commissioners qualifies its interest /support for two items detailed in EXHIBIT A as follows: 1) For Item "ENV -1: Support legislation to increase funding for the Clean Water Management Trust Fund for water and sewer infrastructure projects ", Orange County supports this goal with the deletion of the words "for water and sewer infrastructure projects "; and 2) Orange County expresses its opposition to Item "PE -2: Seek legislation to repeal the statutory authority under N.C. Gen. Stat. 115C- 431(c) that allows local school boards to file suit against a county board of commissioners over county appropriations for education." Orange County opposes any effort to exclude judicial remedy and eliminate this rarely used, but in some circumstances, necessary option. Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the 6-day of June, 2018. I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy o o much of the proceedings of said Board at a meeting held on S, 2018 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said WITNESS m hand and the seal of said Ci/ y a d County, this day of June, 2018. Dzv--- Clerk tV the Board of Commissioners EXHIBIT A NCACC 2018 Short Session Priorities and Goals m e 3 N COUNV NCACC Short Session Priority Goals PE -1: Seek legislation to establish a new state - county partnership to address statewide public school capital challenges — including but not limited to maintenance, renovation, construction and debt — through a dedicated, stable funding stream that is consistent from county to county and sufficient to meet the school facility needs of all 100 counties. • This was the Association's primary legislative goal during the long session, • The final budget allocated $100 million from lottery proceeds to the Public School Building Capital Fund and added $30 million in FY 2018 and $75 million in FY 2019 to a newly- created Needs -Based Public School Capital Fund. • Legislation authorizing expansion of local option sales taxes and a statewide bond referendum did not pass but is eligible for short session. NCACC remains committed to the three pronged approach (increased lottery funding, sales tax flexibility and a state -wide bond) to address school capital needs. PE -2: Seek legislation to repeal the statutory authority under N.C. Gen. Stat. 1 15C- 431(c) that allows local school boards to file suit against a county board of . commissioners over county appropriations for education. • S531 /H305 amended the statute establishing the dispute resolution process for boards of county commissioners and boards of education. S531 passed the Senate with bipartisan support but was not heard in the House and is eligible for short session. • Legislative staff completed a study on this issue. The study recommends limiting school boards ability to sue and establishes a default funding mechanism in the event that the dispute resolution process is not successful. We support this recommendation as an amended version of 5531. TF -1: Support efforts to preserve and expand the existing local revenue base of counties, and oppose efforts to divert fees or taxes currently allocated to the counties to the state. Oppose efforts to erode existing county revenue streams and authorize local option revenue sources already given to any other jurisdiction. H437, S166 and H333 were all aimed at expanding local revenue flexibility. H333 passed the House, but was not considered by'the Senate. All are eligible for short session. GG -3: Seek legislation, funding, and other efforts to expand digital infrastructure /broadband capability to the un- served and under - served areas of the state. • H390/S208 are eligible for the short session, and would allow counties to invest in digital infrastructure and lease to private providers to help expand broadband access. PE -4: Support legislation providing flexibility to align K -12 and community college calendar. • One statewide bill, H375, granting local boards of education the ability to align school start dates with that of a community college serving the county, was passed by the House but saw no action in the Senate. ALBERT COATES LOCAL GOVERNMENT CENTER ^ 215 NORTH DAWSON STREET, RALEIGH, NC 27603 • PHONE 919.715.2893 • FAX 919.733.1065 RISK MANAGEMENT POOLS • PHONE 919.719.1100 • FAX 919.719.1101 W)/NW.NCACC.ORG Agriculture Approved Goals AG -1: Support state funding and staffing for agricultural research, Cooperative Extension services and other agriculture - related efforts to support the largest economic driver in North Carolina. The final budget included funds for marketing of North Carolina agricultural products regionally and internationally, as well as $2 million for the Agricultural Development and Farmland Preservation Fund. AG -2: Support legislation allowing counties to partner with neighboring counties to establish multijurisdictional regional Agricultural Business Districts that allow for favorable taxation and incentives to attract agricultural businesses to the region After extensive research and consultation with experts on the subject, NCACC determined that counties already have the authority to partner with neighboring counties for economic development purposes, including agribusiness. Environment Approved Goals ENV -1: Support legislation to increase funding for the Clean Water Management Trust Fund for water and sewer infrastructure projects. The final budget appropriated an almost $4.2 million in additional non - recurring funds, as well as $305,707 in recurring funds, in FY 2017 -18 for the Clean Water Management Trust Fund. The recurring funds increase to $500,000 in FY 2018 -19. ENV -2: Support legislation to study and address air quality matters relating to the removal and treatment of coal ash deposits. Legislation addressing issues with coal ash air quality was not introduced this session. ENV -3: Support legislation to provide for and fund a comprehensive statewide approach to noxious aquatic vegetation control in public water reservoirs. 0 Legislation addressing aquatic weeds was not introduced this session. General Government Approved Goals GG -1: Support increased state funding for transportation construction and maintenance needs, and support legislation to ensure that the STI funding formula recognizes that one size does not fit all and that projects in both rural and urban areas are prioritized and funded. The budget increased funding to the Strategic Transportation Infrastructure Program by $320 million by the end of FY 2019. H81 would amend the Strategic Transportation Investment program to include more input from MPO /RPOs. The legislation passed the House but was not heard in the Senate. GG -2: Seek legislation to authorize counties to require HOAs or developers to post maintenance bonds for publicly dedicated subdivision roads, require DOT to expedite acceptance of subdivision roads into the state road system, and implement a statewide approach to maintaining pre- subdivision ordinance roads. • H 141/S92 would have accomplished this goal, but neither version of the bill was heard in committee. NCACC will work on a compromise during the legislative interim. GG -3: Seek legislation, funding, and other efforts to expand digital infrastructure /broadband capability to the un- serve -d and under- served areas of the state. • H390/S208 would give counties the authority to invest in Internet infrastructure in unserved areas and lease assets to private Internet service providers. Neither bill was considered in committee; however, throughout session legislators expressed support for more tools at the state and local levels to expand Internet access throughout the state. GG -4: Support goals of the NC Military Affairs Commission. • The budget included $2.2 million for the military stabilization fund to "sustain and maintain North Carolina's military programs." GG -5: Support legislation to grant all counties the option to provide notice of public hearings and other legal notices through electronic means in lieu of required publication in any newspaper. • S343 would allow counties to publish required legal notices on their own websites. The bill passed the Senate but not the House. Ultimately, a pilot program for Guilford County passed as part of H205. H205 was vetoed by Governor Cooper. A pilot program in Guilford County was introduced and passed as a local bill in the October special session. Health and Human Services Approved Goals HHS- 1:Support increased state funding for behavioral health services and facilities at the state and local level including dedicated resources for Community Paramedicine .projects. Support Medicaid reimbursement to EMS for behavioral health transport to crisis centers and structure appropriate county participation in behavioral health program governance. The budget included $2 million for new child- focused behavioral health crisis facilities and $17 million for additional inpatient behavioral health beds at five hospitals across the state. The budget also continued the community paramedicine pilot program in three counties with $350,000 in funding and directs DHHS to establish a plan using Medicaid funds to reimburse county paramedics for transportation to behavioral health facilities instead of emergency departments. HHS -2: Seek increased state funding to support access to early childhood education. • The budget provided additional resources for early childhood education using $3 million in FYI and $6.1 million in FYI combined with $18.8 million in TAN block grants across both years to reduce the NC Pre -K waitlist. HHS -3: Support increased funding and legislation to strengthen adult protective services. The budget provided an additional $1 million for 21 new positions to increase staff and improve timeliness of inspections at various adult care facilities. It also appropriated over $100,000 in each year to fund background checks for long term care staff. H657 passed the General Assembly and modified the process by which deficiencies at adult care homes are handled by the Division of Heath Service Regulation and county departments of social services HHS -4: Support legislation to align oversight standards for lawful body piercing with lawful tattooing. • H250/S256 would add body piercing and other body art practices to existing tattooing laws and regulations. H250 passed the House but was not heard in the Senate. It is eligible for short session. Justice and Public Safety Approved Goals JPS -1: Support legislation and funding to raise the Age of Juvenile Jurisdiction from 16 to 18 with the exception of felony crimes. • The final budget included a provision to raise the age of juvenile jurisdiction with fhe exception of A -E felonies. It also included $13.2 million for a new youth development center and $1 million for the planning of the implementation of the Juvenile Justice Reinvestment Act. JPS -2: Support increased state funding for NC courts, including reinstating funding for drug treatment court. • Funding for 36 new assistant district attorneys across the state was a part of the final budget. JPS -3: Support legislation and state funding to provide early intervention services through the Juvenile Crime Prevention Councils and support increased state funding for the prevention, intervention and treatment of adolescent substance abuse, gang involvement and domestic violence. • The "Raise the Age" legislation in the budget included provisions aimed at reducing juvenile crime. The budget also includes resources for substance abuse treatment while the STOP Act increases oversight and standards for opioid prescribing practices. JPS -4: Support legislation increasing penalties for tattooing without a permit. • H250/S256 would accomplish this goal. H250 passed the House but was not heard in the Senate. It is eligible for short session. Public Education Approved Goals PE -1: Seek legislation to establish a new state - county partnership to address statewide public school capital challenges -- including but not limited to maintenance, renovation, construction and debt -- through a dedicated, stable funding stream that is consistent from county to county and sufficient to meet the school facility needs of all 100 counties. • The final budget allocates $100 million from lottery proceeds to the Public School Building Capital Fund and adds $30 million in FY 2018 and $75 million in FY 2019 to a newly- created Needs -Based Public School Capital Fund. Legislation authorizing expansion of local option sales taxes and a statewide bond referendum did not pass but is eligible for short session. PE -2: Seek legislation to repeal the statutory authority under N.C. Gen. Stat. 1 15C- 431(c) that allows local school boards to file suit against a county board of commissioners over county appropriations for education. S531 /H305 amended the statute that establishes the dispute resolution process for boards of county commissioners and boards of education. S531 passed the Senate with bipartisan support but was not heard in the House and is eligible for short session. A provision prohibiting school board lawsuits also appeared in the Senate version of the budget, but did not make it through the budget conference process. The NCGA's Program Evaluation Division completed a study on this issue, but the findings are not yet public. PE -3: Support legislation to provide for an overall increase of funding based on average daily memberships outside of the current formula system. • New approaches to school funding formulas were not introduced in legislation or in the final state budget. The budget does set out a task force to study the current school funding allotment and distribution methods and explore possible improvements. PE -4: Support legislation providing flexibility to align K- 12'and community college calendar • One statewide bill, H375, granting local boards of education the ability to align school start dates with that of a community college serving the county, was passed by the House but saw no action in the Senate. Legislation establishing a pilot program authorizing school calendar flexibility for 20 school districts, H389, also was passed by the House and included in the House budget. The Senate took no action on H389 and the final budget did not include the language. Both H375 and H389 remain eligible for consideration in 2018. Additionally, dozens of local bills granting local calendar flexibility were introduced during the 2017 session, but none saw action by the General Assembly. Tax and Finance Approved Goals TF -1: Support efforts to preserve and expand the existing local revenue base of counties, and oppose efforts to divert fees or taxes currently allocated to the counties to the state. Oppose efforts to erode existing county revenue streams and authorize local option revenue sources already given to any other jurisdiction. • H437, S166 and H333 were all aimed at expanding local revenue flexibility. H333 passed the House, but the Senate was unwilling to consider any of the bills. All are eligible for short session TF -2: Support legislation to grow North Carolina's statewide economy through sound state investments, including public infrastructure funding, competitive incentives, and coordinated efforts with county economic development services. The budget established the NC Ready Sites Fund in the NC Department of Commerce and appropriates $2 million to assist local governments in tier one and two counties with development of infrastructure around industrial sites to help attract economic investment. H 158/S.L.2017 -40 clarified the authority for local governments to impose special assessment to pay for critical infrastructure projects. TF -3: Support legislation to restore state aid funding of public libraries to the pre -201 1 level of $15.7 million and eliminate special provisions that distribute state aid outside of the equitable formula developed by the State Library Commission. The budget increased state aid to libraries by $500,000, bringing the overall appropriation to $14.7 million.