NATaT Washington Report

The "NATaT Washington Report" is a monthly email newsletter that provides timely information to town and township officials on the legislative, regulatory, funding, and policy decisions in Washington that could affect your communities. The Washington Report focuses on NATaT's primary federal issues. The Washington Report is produced by NATaT's federal representative in Washington, The Ferguson Group. For more information on the legislation described in this report, see http://thomas.loc.gov/ or contact The Ferguson Group. Contact NATaT federal director Jennifer Imo at 1.866.830.0008 or jennifer.imo@natat.org for more information. 

The April 2007 Washington Report Contains Summaries of the Following Issues:

• Energy
• Environment and Natural Resources
• Farm Bill
• First Responders
• Homeland Security
• Immigration
• Native American Legislation
• Video Franchising

Energy

Energy Efficiency Legislation

On May 2, the Senate marked up its first major energy legislation of the year. The Senate Energy and Natural Resources Committee's energy legislation combines four separate energy-related bills (S. 962, S. 987, S. 731, and S. 1115) into a single draft measure that covers renewable fuels, energy efficiency and technologies to capture and store greenhouse gases.  Some of the major provisions in the bill are:

• The legislation requires the use of 15 billion gallons of biofuels annually, largely corn ethanol, by 2015. Beginning in 2016, the bill would require an annual increase of 3 billion gallons from such advanced biofuels as "cellulosic" ethanol, which can be made from switchgrass, agricultural waste or wood chips. Overall, the bill would require the use of 36 billion gallons of biofuels annually by 2022.
• The bill promotes research and development of biofuels; establishes grant programs in the Energy Department to expand the number of biofuel stations and other infrastructure that would help producers get the fuels to consumers.
• Under this legislation, the federal government is required to purchase 15 percent of its electricity from renewable sources by 2015.
• The bill promotes research and development of new materials and technologies in the transportation sector while authorizing the Energy Department to issue loan guarantees to facilities that manufacture parts for fuel-efficient vehicles.

Major environmental groups and a few organizations representing agricultural interests are against the bill, arguing that it does not protect the environment against potential problems with air and water quality or habitat destruction, which could arise with a major increase in the use of biofuels if more land is put into production.

NATaT supports federal investments in energy efficiency and renewable energy sources that can benefit the economic and environmental health of small communities. NATaT's federal platform includes calls for federal incentives for biofuels development, in a manner that benefits the local economies of rural communities. 

Climate Change

Former Vice President Al Gore's appearances in front of the House Select Committee on Energy Independence and Global Warming and Senate Environment and Public Works Committee have gathered focus and strength to address climate change. In addition, several bills have been introduced that deal with emissions and energy use. 

A bipartisan group of 10 U.S. Senators introduced the Energy Efficiency Promotion Act, S. 115, a far-reaching legislative proposal to provide increased resources and incentives for state, local and private sector energy efficiency that achieve climate change goals.  The legislation proposes to create a $1 billion annual energy and environment block grant program for local and state governments for use in local energy efficiency and green vehicle activities, as determined by standards set up by the Department of Energy. The legislation would provide $5 million annually for programs to reduce school bus idling, a grant program for energy efficiency research at higher education institutions, and a new workforce training program through the Department of Labor and the Department of Energy. The legislation promotes energy efficient lighting technologies, new efficiency standards for a variety of equipment and appliances, high efficiency vehicles, advanced vehicle batteries, energy storage technologies, low income weatherization assistance, state energy conservation planning, private utility conservation pricing and programs, and efficiency activities at federal buildings and sites.

Senator Olympia Snowe (R-ME), along with nine cosponsors, introduced the Extend the Energy Efficiency Incentives Act of 2007, S. 822, which provides tax relief to consumers and businesses affected by high energy prices.  The bill would extend energy efficiency and solar energy tax incentives enacted by the Energy Policy Act of 2005.

Regulating Greenhouse Gasses

On April 2, the U.S. Supreme Court decided in a 5-4 ruling that the EPA must consider regulating carbon dioxide emissions from automobiles. In the case of Massachusetts v. EPA, the Court sided with 11 states and 13 environmental groups that sued EPA, acknowledging that the Agency has the authority under the Clean Air Act to regulate greenhouse gas emissions from new cars and trucks. The Court also found that Massachusetts had standing to sue because it has suffered a "concrete and particularized injury" in that it is a sovereign state and owns territory alleged to have been affected by rises in sea levels, changes in ecosystems, reduced snowpack, increased spread of disease, and increases in the ferocity of weather events. In addition, the Court found that the Clean Air Act allows EPA to regulate air pollutants and that carbon dioxide fits well within the Act's definition of air pollutant. Finally, the Court ruled that EPA may not refuse to exercise its authority to regulate greenhouse gases under the Clean Air Act, unless the Agency can show that such emissions are not a danger to public health.

The Supreme Court's ruling has accelerated the push for climate change legislation on Capitol Hill. Following the ruling, Senate Environment and Public Works Committee Chair Barbara Boxer announced the first congressional hearings on the impact of the Supreme Court decision. Representative Ed Markey (D-MA), Chairman of the House Select Committee on Energy Independence and Global Warming and House Energy and Commerce Committee Chairman John Dingell (D-MI) noted that the Supreme Court provides another compelling reason why Congress must enact, and the President must sign comprehensive climate change legislation.

To view a copy of the Supreme Court's decision, go to: http://www.supremecourtus.gov/opinions/06pdf/05-1120.pdf

Towns and townships are directly affected by federal energy programs and policies.  Local communities seeking to boost the use of renewable sources of energy for transportation and buildings can be supported with federal funding, including for biomass fuels and renewable electricity generation. NATaT will be seeking to ensure that towns and townships can benefit from energy policies and programs that promote clean energy in small and rural communities.

Environment and Natural Resources

Water Resources Development Act (WRDA)

On April 19, the House of Representatives voted 394-25 to approve the Water Resources Development Act of 2007, H.R. 1495. The bill authorizes approximately $15 billion in new construction projects and studies for the Army Corps of Engineers, the principle water resources development agency. The bill includes authorizations for new flood control projects, navigation improvements, environmental restoration work, and environmental infrastructure projects. Also included is a requirement that large, controversial projects be subject to independent peer review.

Following passage of the landmark Water Resource Development Act of 1986, Congress expressed its intent to enact an authorizing bill for the Corps of Engineers every two years. However, no authorizing legislation has been enacted since 2000, resulting in a significant backlog of projects.  In order to clear out this backlog and move the legislation quickly in the new Congress, the House Transportation and Infrastructure Committee elected to pass a bill that is very similar to the one that was approved by the House in the 109^th Congress.  That legislation died when agreement with the Senate on a compromise version of the legislation could not be reached at the end of 2006.  The Senate is currently considering its version of the bill.

Many towns and townships are directly involved or affected by water resource projects on their local rivers, lakes, coasts, canals, reservoirs, and wetlands.  NATaT supports the passage of WRDA legislation that is badly needed to support local water resource improvements and projects.  WRDA legislation should include increased funding for local projects, improvements to the Corps planning process to reduce delays in Corps projects, fair cost-share methodologies for local project sponsors, and broadened Corps authorities to support local waterfront revitalization.    

Farm Bill

Both the House and Senate agriculture committees have been busy holding hearings to build a record before they begin writing the 2007 farm bill. In recent weeks the House Agriculture Committee held hearings on issues related to the milk marketing order program, conservation programs, organic farming, the livestock industry, crop insurance, and the rural broadband communication network.

The Senate Agriculture, Nutrition, and Forestry Committee has held hearings on the commodity title programs, concentration in agriculture, organic farming, conservation issues, rural and agricultural energy, and rural development.

Chairman Collin Peterson (D-MN) from the House Agriculture Committee is pushing to get the Committee to mark-up the bill in May. One possible hold-up for the House is the completion of the FY 2008 congressional budget resolution. The budget resolution is currently in conference between the Senate and House.

On the Senate side, it looks like a mark-up may occur sometime in June.

First Responders

Volunteer Responder Incentive Protection Act of 2007 (VRIP ACT, H.R. 943)

The Volunteer Responder Incentive Protection Act of 2007 was introduced on February 8 by Representative John Larson (D-CT).  The bill would amend the Internal Revenue Code of 1986: (1) to exclude from gross income real or personal property tax rebates or any other benefits provided to volunteer firefighters and emergency medical responders; and (2) to exempt from social security, unemployment taxes, and wage withholding real or personal property tax rebates or any other benefits provided to volunteer firefighters and emergency medical responders.  "Any other benefits" is defined as a benefit, other than a property tax rebate, that a state or local government provides an individual for serving as a member of a qualified volunteer emergency response organization, such as a small stipend.  Volunteer firefighters and emergency medical responders must be members of a volunteer emergency response organization that is organized and operated to provide firefighting and emergency medical services, as required and recognized by the state or local government.

Examples of some of the recruiting and retention incentives, aside from property tax abatements, that communities are currently experimenting with include modest stipends that are sometimes paid per call or in lump-sums per year or quarter, health benefits, retirement awards, state income tax credits, length of service awards, and death benefits. The bill language provides flexibility to allow states and local governments to adopt the appropriate incentive programs and structure them through their own legislatures. Various tax incentives are currently offered to volunteer emergency responders in five states:  Connecticut, Maryland, South Carolina, New York, and Delaware.

The legislation has 142 cosponsors and is currently pending before the House Ways and Means Committee. Senator Christopher Dodd (D-CT) is expected to reintroduce the Senate counterpart from the 109^th Congress (S. 1906) in May.  

Volunteer firefighters and EMS personnel are integral to public safety in towns and townships. NATaT strongly supports this proposed law that would provide appropriate incentives and protections for the men and women who volunteer to serve their local communities through volunteer fire and EMS companies. NATaT is working with the National Volunteer Fire Council to support H.R. 943 and encourage reintroduction of S. 1906. Thanks to the information provided to NATaT from the recently disseminated tax surveys, we are currently compiling data regarding the impact of volunteer firefighters and EMS personnel on your state. That information will be shared with members of NATaT's congressional delegation, including Rep. Larson and Sen. Dodd, who are spearheading this legislation.

Homeland Security

Grants for Local Law Enforcement

COPS Improvement Act

Representative Anthony Weiner (D-NY) introduced the COPS Improvement Act of 2007, H.R. 1700, which would expand the COPS on the Beat grant program. The bill would authorize the Department of Justice to award grants to hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools. The grants could pay for officers hired to perform intelligence, anti-terror or homeland security duties; establish and implement programs to reduce and prevent illegal drug activities, including the manufacturing, distribution and use of methamphetamine; meet emerging law enforcement needs, as warranted; hire former members of the Armed Forces to serve as career law enforcement officers; and develop new technologies to assist state and local law enforcement agencies in crime prevention and training.

H.R. 1700 would authorize $600 million to hire officers for community policing and intelligence gathering and to act as school resource officers, $350 million per year for technology grants, and $200 million per year to help local district attorneys hire community prosecutors.

On April 26, the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security approved H.R. 1700. Further action on this bill is expected in the coming months.  Senator Joe Biden (D-DE) is the sponsor of the companion bill in the Senate, S. 368, which was unanimously approved by the Senate Judiciary Committee in March.  Further consideration of S. 368 by the full Senate is expected soon.

The Senate Judiciary Committee also marked up S. 231, authorizing over $1 billion annually, through FY 2012, for the Edward Byrne Memorial Justice Assistance Grant Program, which awards grants for criminal justice enforcement, focusing on violent crime and serious offenders. S. 231 is sponsored by Senator Diane Feinstein (D-CA).  There is no timetable set for when the Senate may vote on this bill, and currently there is no companion legislation in the House.

Grant for Local Law Enforcement, Fire and EMS Agencies, and First Responders to Purchase Equipment

DHS recently announced that it is seeking applications from local law enforcement, fire and other first responder agencies for funding through the Commercial Equipment Direct Assistance Program (CEDAP). The program, administered by the Federal Emergency Management Agency (FEMA), is a competitive grant opportunity that is tailor-made for small cities and counties that may be overlooked by DHS grant programs that are largely threat-based.  CEDAP is based on the idea that significant natural disasters and incidents of terror do not only occur within major metropolitan areas.  Only localities that have not received technologies funded under the Urban Area Security Initiative (UASI), the Assistance to Fire Fighters Grant Program, or the DHS Interoperable Communications Equipment Program are eligible to apply. Local entities that have received advanced technologies through DHS, either directly or passed through from states, are not eligible to apply.  Examples of eligible agencies include local law enforcement agencies such as police, sheriff, and public safety, fire safety organizations, non-profit EMS providers that are locally authorized, and local governments.  In FY 2007, an estimated $33.7 million worth of equipment and training will be awarded for personal protective equipment (PPE); thermal imaging, night vision, and video surveillance tools; chemical and biological detection tools; information technology and risk management tools; and interoperable communications equipment/technology. Applications may only be submitted online and must be received by May 29.

Later this spring, DHS will issue a separate solicitation so that Homeland Security-related private companies may apply for certification and inclusion under CEDAP's list of equipment providers. This process will be competitive and based on the five categories referenced above for local governments. Eligible applicants will have commercially viable, shelf-ready technologies that meet DHS specifications and readiness goals. Approved applicants will be certified for inclusion in the FY 2008 round of awards under CEDAP.  DHS uses its program funds to purchase equipment from the approved vendors based on the needs expressed by eligible local governments. In this way, DHS serves as the purchasing agency, acquiring technology and products for distribution to the recipient local government. The application process for this is expected to open by late May 2007.

Many towns and townships have risks to local homeland security, and have needs for federal funding to protect against those risks. However, the homeland security funding provided by the federal government is heavily focused on urban areas, high security risk areas, and state-based security plans. Towns and townships with genuine homeland security needs must demonstrate those needs and work in partnership with their larger regions and states to be included in state-based homeland security spending plans. Critical programs for towns and townships include FIRE grants and interoperability communications grants. These programs can fund small community projects but, again, towns/townships need to coordinate with regional and state authorities to demonstrate genuine need. NATaT supports approaches that provide additional grant funding to all communities, including small towns, for these needs.

Immigration

The House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International law held multiple hearings in the last month. Two separate hearings were held on April 19^th and 20^th to review the shortfalls of the 1986 and 1996 immigration reform legislation.  Hearings have also been held on employer verification, worksite enforcement, the U.S. economy and U.S. workers.  Hearings on U.S. immigrant integration and the impact of immigrants on states and localities will be held later this month.  The House Small Business Committee held a hearing on May 10 on "Immigration Policies and their Impact on Small Business." The hearings have been designed to solicit recommendations on the path that the House should take on immigration reform.  The STRIVE Act (H.R. 1645), a bipartisan immigration bill, was introduced in March, and the House is expected to consider comprehensive legislation reforming the nation's immigration system later this year. The Senate is also considering immigration reform legislation. It is anticipated that a Senate immigration bill will be introduced, debated and voted on before the July recess.  At the very least, a bill may be voted on by the end of this month.  

Additional hearings will be held this month and TFG will continue to monitor immigration legislation, particularly as it relates to the impact on local governments.

Native American Legislation in the 110^th Congress

H.R. 1:  Implementing the 9/11 Commission Recommendations Act of 2007 generally implements the 9/11 commission recommendations; and specifically provides funding to eligible Tribes for first responder equipment, training and overtime/additional personnel costs associated with heightened threat levels. Tribes, like local governments, must work through/with the State to receive funding. The bill was passed by the House on January 9 as part of Democrats' "first 100 hours," and on March 13^th the bill passed in the Senate.

H.R. 54:  Teacher Recruitment Act of 2007 is a measure that would expand the eligibility of individuals to qualify for loan forgiveness for teachers in order to provide additional incentives for teachers currently employed or seeking employment in economically depressed rural areas, Territories, and Indian Reservations. The bill was referred to the House Education and Labor Committee.

H.R. 155/S. 160:  Lower Brule and Crow Creek Sioux Compensation would provide compensation to the Lower Brule and Crow Creek Sioux Tribes of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River. The bill was referred to the House Natural Resources Committee.

H.R. 318:  Elementary and Secondary Education Act Impact Aid would amend the Elementary and Secondary Education Act of 1965 to revise impact aid program requirements for distribution of school construction payments, and of school facility emergency and modernization grants, to local educational agencies impacted by military dependent children or by children residing on Indian lands.

H.R. 545 / S.85 / S.267:  Native American Methamphetamine Enforcement and Treatment Act. These bills would amend the Omnibus Crime Control and Safe Streets Act of 1968 to include territories and Indian tribes as eligible grant recipients under the programs to: (1) address the manufacture, sale, and use of methamphetamine; (2) aid children in homes in which methamphetamine or other drugs are unlawfully manufactured, distributed, dispensed, or used; and (3) address methamphetamine use by pregnant and parenting women offenders.  On March 22, the House passed H.R. 545. The Senate bills were referred to the Senate Judiciary Committee.

Many towns and townships are affected by tribal activities taking place within their jurisdictions.  NATaT members support initiatives that will help tribal communities become sustainable, healthy places. At the same time, towns and townships seek federal and state requirements that casino operations, which can have major impacts on local quality of life, are conducted in a manner that mitigates negative impacts and provides a fair share of resources for local services.

Video Franchising

Multiple appeals have been filed against the Federal Communications Commission's (FCC) March 5^th Order on local video franchising that would require local governments to approve competitive franchises in 90 days. A coalition of local government advocates including National Association of Counties, National League of Cities, U.S. Conference of Mayors, National Association of Communications Officers and Advisors, Alliance for Communications Democracy, and the Alliance for Community Media each filed a challenge in the district in which the group is headquartered.  The appeals files against the order have been consolidated and will be heard in the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, OH.  The dates for a hearing are unknown at this time.   

Federal regulators said that when an application for video certification is made in a city by a telephone company that already has facilities in city rights-of-way, the city must act on that request within 90 days.  The FCC concluded that current municipal proceedings drag on too long, impeding competition. However, local governments and their allies have argued that the FCC order violates both the U.S. Constitution and federal communications law, thereby overstepping the agency's legal authority. 

NATaT is working with the local government organizations and associations listed above in opposition to the FCC ruling. Local governments rely on the revenue from their long-standing local franchise authority. Small towns and townships have the additional concern that there is no requirement that telecommunications infrastructure be built out to rural, small, and under-served communities.