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President Focuses on the Future in State of the Union Address
Message to Congress: Leave Public Pensions Alone
Nationwide Public Safety Broadband Network Bill Reintroduced
NLC Calls on Federal Agencies to Implement Stormwater Fee Law
Proposed SEC Financial Advisor Regulations
Save the Date: Webinar on Transportation and Land Use
President Focuses on the Future in State of the Union Address
Earlier this week, the President delivered his State of the Union address. In the speech, the President spoke of the need to maintain America's leadership in a rapidly changing world so our economy would be competitive-growing and working for all Americans. To do so, he put forward a plan calling for new investments in innovation; redefinition of the role of the federal government in education; new efforts to repair and rebuild America's infrastructure; government reform; and efforts to reduce the federal deficit. To watch the State of the Union Address, click here.
In his response to the speech, NLC President James Mitchell, council member Charlotte, N.C., cautioned that while cities and towns share the President's vision for a winning future, federal budget cuts and freezes must be made responsibly and should not come at the expense of proven federal investments in communities such as the Community Development Block Grant Program and federal transportation programs that have helped keep our communities competitive. To view Mitchell's complete statement, click here. (Carolyn Coleman, coleman@nlc.org, 202.626.3023)
Message to Congress: Leave Public Pensions Alone
Earlier this week, in a briefing sponsored by Senate Health, Education, Labor, and Pensions Committee Chair Tom Harkin (D-IA) and Ranking Member Mike Enzi (R-WY) and attended by over 80 staff from the Senate HELP, Finance, and Special Committee on Aging Committees, NLC President James Mitchell, along with representatives from the Maryland and Nevada state governments urged the Senate not to pass new laws that would undermine the nation's state and local public pensions.
In his remarks, Mitchell told the group that federal interference with state and local pensions would create problems where none exist; he noted that most state and local pension plans throughout the United States are adequately funded and that overall pension costs-which are less than one percent of the state's budget in Mitchell's home state of North Carolina and only 3.8 percent nationally-are not contributing to state and local fiscal problems.
Click here to view a fact sheet on public pensions that NLC and its national partners distributed at the hearing. (Neil Bomberg, bomberg@nlc.org, 202.626.3042)
Nationwide Public Safety Broadband Network Bill Reintroduced
On Tuesday, Senator Jay Rockefeller (D-WV) introduced the Public Safety Spectrum and Wireless Innovation Act (S. 28), which NLC is supporting. The legislation, first introduced last year, calls for the establishment of a framework for the deployment of a nationwide, interoperable wireless broadband network for public safety and reallocate 10 megahertz of spectrum, also known as the "D-Block," to public safety.
The White House also signaled its support this week for the reallocation of the D-Block to public safety as the centerpiece of a larger plan to create a nationwide interoperable public safety communications network and expand broadband access nationwide. (Mitch Herckis, herckis@nlc.org, 202.626.3124)
NLC Calls on Federal Agencies to Implement Stormwater Fee Law
As part of a new law requiring federal agencies to pay local pollution fees associated with stormwater runoff, the U.S. Department of Justice (DOJ) and the U.S. Environmental Protection Agency (EPA) are currently drafting implementation guidance for all federal agencies.
Late last week, NLC, the National Association of Counties and the U.S. Conference of Mayors, sent a joint letter to DOJ and EPA urging them to expedite the rule making process for the law and to:
- instruct all federal agencies to pay stormwater bills in the same way that all other utility bills are paid, using the same budget accounts that provide funds to pay other utility services;
- require federal agencies to pay any outstanding stormwater charges that are owed to local governments; and
- specifically include stormwater fees that are calculated on the "amount of impervious surface" as a legitimate basis for charge.
To view the joint letter, click here. (Carolyn Berndt, berndt@nlc.org, 202.626.3101)
Proposed SEC Financial Advisor Regulations
Last month, the U.S. Securities and Exchange Commission (SEC) released new proposed rules to implement the municipal advisor registration requirement found in the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public-Law 111-203, 124 Stat. 1376 (2010). Comments in response to the proposed rules, which NLC will be filing, are due on February 22, 2011. To view the proposed rules, click here.
Under the Dodd-Frank law, the registration requirement applies to all municipal advisers who provide advice to "municipal entities" and other borrowers involved in the issuance of municipal securities. The advice may be related to derivatives, guaranteed investment contracts, "investment strategies," or the issuance of municipal securities. It also applies to advisers who solicit business from a state or local government for a third party.
As drafted, the rule would exempt municipal elected officials and staff from the registration requirement. Not excluded, however, are appointed volunteer members of local government boards or other citizen volunteers. The rulemaking's reach would thus subject citizen board members and other volunteers to federal SEC fiduciary duty, pay-to-play, and other rules, and reporting requirements.
Many states and cities already have statutory provisions concerning the fiduciary responsibility of volunteer board members of their authorities. NLC's position is that the proposed rule would only serve to micro-manage local governments and impose duplicative redundant regulatory burdens as an answer to unsubstantiated and undefined issues. Practically for cities, registration with its associated costs and burdensome paperwork requirements will have a chilling effect on local governments' ability to obtain the highest quality volunteer participation for their municipal entities. (Lars Etzkorn, etzkorn@nlc.org, 202.626.3173)
Save the Date: Webinar on Transportation and Land Use
On Tuesday, February 8, from 12:00 to 2:00 p.m. EST, NLC and the National Association of Regional Councils will host a webinar on best practice examples of how regions are linking transportation and land use and how local elected officials can play a role in developing the regions they represent.
An agenda is still being developed but city officials are encouraged to register for free at:https://www2.gotomeeting.com/register/594597787. After registering, a confirmation email will be sent containing additional information about joining the webinar. (Leslie Wollack, wollack@nlc.org, 202.626.3029)
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