Executive Director: Larry Naake
Legislative Director: Edwin Rosado
February 13, 2009
Quick Links:
As of this writing the House has passed the conference report to the American Reinvestment and Recovery Act (H.R.-1) on a vote of 246-183. The Senate continues to deliberate and is expected to pass the conference report tonight or sometime during the weekend. The President is expected to sign the legislation early next week. As directed by the NACo Board of directors, we have been in support of many of the provisions in the legislation that will benefit counties across the country and for final passage. The bill includes a mix of tax reductions and incentives and funding to reinvest in our ailing infrastructure, our health care systems, the environment and many other aspects of daily life. NACo worked tirelessly in obtaining support for many programs affecting county operations. NACo’s legislative staff has reviewed the nearly 800 pages of the bill. Below you will find a snapshot of the provisions affecting county governments. Over the next few weeks we will be working with the proper officials in order to detail the many implementation issues that will need to be addressed. Our legislative Conference will be holding a number of meetings regarding implementation of the economic stimulus package.
Agriculture and Rural Affairs
Rural Development Provisions
- Rural Water and Waste Disposal Program: Provides $1.38 billion to support $3.788 billion in loans and grants for rural water and waste disposal projects. Of this amount $968 million is for grants and $2.82 billion is for direct loans. This funding level fulfills NACo’s request to completely fund the backlog of rural water and wastewater infrastructure projects at USDA and will assist hundreds of rural communities that have been waiting for this funding.
- Rural Community Facilities Program: $130 million to support $1.234 billion in grants and loans to rural areas for critical community facilities, such as healthcare, education, fire and rescue, jails, day care, community centers, and libraries. Of this amount $63 million is for grants and $1.171 billion is for direct loans.
- Rural Business Programs: $150 million to support $3.01 billion in rural business loans and grants. The Guaranteed Business and Industry loan funding will translate into $2.99 billion in loans for rural businesses, while the Rural Business Enterprise Grant program is allotted $20 million and is available to public bodies to encourage the development of small and emerging private business enterprises.
- Rural Housing: USDA’s Rural Housing Insurance Fund will receive $200 million to support $11.472 billion in direct and guaranteed single family housing loans to help rural families and individuals buy homes during the credit crunch. Of this amount, $1 billion is for direct loans and $10.472 is for guaranteed loans.
- Persistent Poverty Counties: The conference agreement requires that at least 10 percent of USDA Rural Development funding (excluding the broadband program) be allocated for assistance in persistent poverty counties. This is defined as any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1980, 1990, and 2000 decennial censuses. NACo fought for inclusion of this provision that will benefit our nation’s 383 persistent poverty counties.
- Rural Broadband:USDA’s Distance Learning, Telemedicine and Broadband Program will receive $2.5 billion.The funding is for grants, loans and loan guarantees with 75% required to go to rural areas that lack sufficient broadband speed for economic development.The bill also provides $4.7 billion to the Commerce Department’s National Telecommunications and Information Administration’s (NTIA) Technology Opportunities Program (TOP) for competitive grants to accelerate broadband deployment in unserved and underserved areas.
- Loans for Beginning Farmers: $20.44 million for Direct Farm Operating Loans, which disproportionately help beginning farmers.
- Rural Energy Programs: Funding for USDA’s recently authorized Rural Energy for America Program and biorefinery assistance did not survive conference negotiations.
(Contact: Erik Johnston, 202/942-4230, ejohnston@naco.org) [Top of Page]
Community and Economic Development
Housing and Urban Development
The final agreement provides $1 billion for the Community Development Block Grants – (CDBG) for community and economic development related projects to be distributed through existing formula from fiscal year 2008. Priority for distribution of funding will be given to projects that can award contracts based on bids within 120 days.
The Neighborhood Stabilization Program (NSP) receives $2 billion to help states and localities ease the burden on communities due to the foreclosure crisis. Funds will be awarded on a competitive basis to states, localities and non-profits to help areas with the greatest number and percentage of foreclosures. Fifty-percent of funding must be obligated within two years and 100 percent within three years. The legislation also repeals onerous program income requirements.
HOME Investment Partnerships (HOME) is allotted $2.25 billion for state housing credit agencies to be distributed by formula from fiscal year 2008. Each state would award low-income housing tax credits based on a competitive bid process.
Public Housing Capital Fund receives $4 billion to enable local public housing agencies to complete building repair and construction projects in local communities. Of this amount, $3 billion will be awarded through existing formulas and $1 billion will be released through competitive process for projects improving energy efficiency.
Section 8 Project Based Rental Assistance receives $2 billion for full year payment to owners receiving Section 8 project-based rental assistance and $250 million for grants or loans for energy retrofits and green investments.
Homeless Assistance Emergency Shelter grants receive $1.5 billion to prevent a surge in homelessness, provide short term or medium term rental assistance, housing relocation and stabilization services, and will distributed by formula.
Economic Development Assistance programs receive $150 million to address long-term economic distress in urban industrial cores and rural areas based on need and ability to create jobs. EDA leverages $10 in private investments for $1 in federal funds.
$100 million is provided for Competitive Grant Lead-Based Paint Abatement to be awarded to state and local governments and non-profits to eliminate lead poisoning as a public health threat to children.
Regarding housing tax provisions, the bill provides up to an $8,000 tax credit to taxpayers purchasing homes after January 1, 2009 with no repayment requirement. The credit is available for home purchases up to December 1, 2009. (Contact: Daria Daniel 202/942-4212 or ddaniel@naco.org) [Top of Page]
Environment, Energy and Land Use
Energy Efficiency and Conservation Block Grant (EECBG) Program was funded at $3.2 billion, however, only $2.8 billion is strictly dedicated to the EECBG formula created through the Energy Independence and Security Act of 2007 (42 U.S.C. 17151 et seq.). The remaining $400 million will be awarded on a competitive grant basis, yet to be determined. The purpose of the EECBG program is to help local governments reduce greenhouse gases and promote energy efficiency in their jurisdictions.
The 2007 enacted energy bill created the following formula for the EECBG program: 68 percent of the total appropriated funds will be given as grants to “eligible” units of local government; 28 percent will be allotted to the states; two percent to Indian tribes; and two percent for competitive grants to non-eligible communities. In county-speak, “eligible” units of county government are those over 200,000 in population and/or the ten most populated counties in a state.
The EECBG program is under the auspices of the Department of Energy (DOE). While the guidelines for the EECBG program have not been published, the DOE has indicated the guidelines will be released shortly. In the meantime, the DOE suggests that entities who plan to apply for these funds start a registration process that may take upwards of 21 days. The process is as follows:
Only after the registration process is completed, can an eligible grant recipient submit an application for funding. Application website is: https://www.fedconnect.net/FedConnect/PublicPages/FedConnect_Ready_Set_Go.pdf
Smart Grid – For electricity delivery and energy reliability, $4.5 billion was allotted to modernize the electric grid. The funds will be used to enhance security protocols while ensuring a steady supply of energy.
Clean and Drinking Water State Revolving Funds – The Clean Water State Revolving Fund (CWSRF) was funded at $4 billion and the Drinking Water State Revolving Fund (DWSRF) was funded at $2 billion. Notwithstanding the states priority list, priority for funds will be given to projects that are ready for construction within 12 months of enactment of this bill. The bill requires a state to use at least 50 percent of their allotted amount for forgiveness of principal, negative interest loans or grants. Assuming that there are eligible projects, the bill specifies that 20 percent of funds appropriated shall be used for green infrastructure projects, water and/or energy efficiency improvements, or other similar environmentally friendly projects.
Army Corp of Engineers (Corps) – The Army Corps of Engineers was funded at $4.6 billion. Priority is given to projects that can be scheduled quickly, employ the most people and have the least risk.
Other Environmentally Related Programs – The Brownfields program was funded at $100 million and the Superfund program at $600 million. The Diesel Emission Reduction Act (DERA) grants program was funded at $300 million. DERA is instrumental in helping local governments retrofit trucks, buses and heavy equipment with pollution control equipment. The Defense Environmental Clean-up Program was funded at a little over $5.1 billion.
Clean Renewable Energy Bond (CREB) Limits – The bill authorizes $2.4 billion for Clean Energy Bonds that are used to finance renewable energy facility projects, such as wind, biomass, landfill gas, trash combustion, etc. This is an increase of $1.6 billion over previous limits. 1/3 of this money is allotted for qualifying projects for State/local/tribal governments.
Energy Conservation Bond Limits – The bill allows for $3.2 billion of tax credit bonds for green community programs. This is an increase of $2.4 billion. The language also allows the bonds to be used to finance loans to individual homeowners for the purpose of energy efficiency retrofits to existing homes. (Contact: Julie Ufner 202/942-4269 or jufner@naco.org) [Top of Page]
Finance and Intergovernmental Affairs
One-Year Deferral of Three Percent Withholding Requirement
In spite of the best efforts of local government associations and the business community, the final bill adopted a one-year deferral of the three percent withholding requirement. It was hoped the conferees would follow the House lead and fully repeal this unfunded mandate. As it now stands, the withholding provision will take effect on January 1, 2012. NACo will continue to seek repeal of the provision and will be filing comments in response to the IRS-proposed regulations concerning the withholding requirement. Comments are due March 5, 2009.
Help for the Municipal Bond Market
The bill contains a number of provisions geared towards increasing investment in municipal bonds: (1) interest earned on private activity bonds will be excluded from the alternative minimum tax; (2) the small issuer limitation will be increased from $10 million to $30 million, which will permit small issuers to place their debt directly with community banks; and (3) banks will be able to deduct 80 percent of the cost of buying and carrying tax-exempt bonds as long as their investment does not exceed two percent of the bank’s total assets. All three of these provisions will be in effect for two years.
New Funding Option
The bill contains a new taxable bond option – the Build America Bonds program – that allows issuers the option of issuing tax-credit bonds in lieu of tax-exempt bonds for governmental purposes. The taxable bond option allows issuers to either receive a 35 percent federal government reimbursement of interest paid to investors or to provide investors a 35 percent tax credit.
Census Gets Additional $1 Billion
The bill provides for an additional $1 billion for Periodic Censuses and Programs to help ensure adequate resources to conduct the upcoming 2010 Decennial Census. The data collected from the census will be used for many purposes, including the annual distribution of $300 billion in federal funds to state, local and tribal governments. (Contact: Steve Traylor 202/942-4254 or straylor@naco.org) [Top of Page]
Health
House and Senate conferees approved $86.6 billion for an increase to the Medicaid federal medical assistance percentage (FMAP) for a 27-month period from October 1, 2008 through December 31, 2010. This would include an across-the-board increase to all states of 6.2 percent and additional relief in the form of a decrease in the non-federal share based on the state’s unemployment rate. It is estimated that the conference agreement would provide about 65 percent of its spending via the hold harmless and across-the-board increases, and about 35 percent via the unemployment-related increase. States will be required to pass the FMAP increase on to counties that must contribute to the non-federal share.
The agreement also raises states’ FY2009 Disproportional Share Hospital (DSH) allotment by 2.5 percent and the FY2010 allotment by 2.5 percent over the FY2009 amount, including the increase, for a total of $460 million.
Conferees agreed to extend moratoria on the Medicaid regulations for targeted case management, provider taxes, and school-based administration and transportation services through June 30, 2009. They also added a new moratorium on the rule for hospital outpatient services through June 30, 2009. The conference report includes a Sense of Congress that the Secretary of HHS should not promulgate the rules concerning payments to public providers, graduate medical education and rehabilitative services.
The plan to kick-start the use of electronic medical records was also agreed to and would cost about $19 billion: $17 billion for incentives for Medicare and Medicaid providers to implement HIT and $2 billion for Health Information Technology (HIT) grants and loans. The legislation codifies the Office of the National Coordinator for Health Information Technology (ONCHIT) and establishes a process to develop standards by 2010 that would allow for secure nationwide electronic exchange of health information.
$2 billion would go immediately for funding HIT infrastructure, training, dissemination of best practices, telemedicine, inclusion of HIT in clinical education, and state grants to promote HIT.
The Prevention and Wellness Fund would receive $1 billion under the agreement, including $650 million for prevention and wellness programs like the CDC’s Healthy Communities Program. Health Resources and Services Administration (HRSSA) is allotted $2 billion for community health centers and $500 million for health workforce development. $1.1 billion is allotted for comparative effectiveness research.
Conferees agreed to provide a 60 percent premium subsidy for unemployed workers to maintain COBRA Continuation Coverage for nine months. The program will be administered by the Department of the Treasury and allow employers (or health plans if they administer COBRA benefits) to receive a credit against payroll taxes. People with annual incomes above $125,000 (single) or $250,000 (couples) would not be eligible. (Contact: Paul Beddoe 202/942-4234 or pbeddoe@naco.org) [Top of Page]
Human Services and Education
The biggest change in the human services side is that the Temporary Assistance for Needy Families (TANF) block grant’s emergency fund is now $5 billion. Originally, it was funded at $2 billon in the House and $3 billion in the Senate. The funds are available fiscal years 2009 and 2010. The total amount that a state may receive is 50 percent of their annual TANF grant. Originally the cap was 25 percent. The agreement also includes extending TANF supplemental grants that go to states with high population growth and low benefits through FY 2010. Two other important TANF provision include clarification that carryover funds can be used for any allowable TANF benefit or service and a temporary modification of the caseload reduction credit.
Child support, foster care, and the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps) also fared very well. The agreement extends states’ ability to use child support enforcement incentive funds to draw down federal funds through September 30, 2010. The FMAP increase, with the exception of the targeted increase, will also apply to foster care IV-E payments. There is a temporary increase of 13.6 percent in SNAP benefits as well as $145 million in FY 1009 and $150 million in FY 2010 for increased state administrative costs. The agreement also eases the SNAP work requirements for single adults through 2010.
The only human service program increases that were included in one of the two bills but were not included in the final agreement were those for the Low Income Home Energy Assistance Program and the Social Services Block Grant. The Child Care Development Block Grant received $2 billion, Head Start $1 billion, Early Head Start $1.1 billion, and the Community Services Block Grant $1 billion. Nutrition programs for the elderly also received a boost: $65 million for Older Americans Act congregate meals and $32 million for home-delivered meals.
One of the biggest changes in the education funding is that there will not be a line item for school construction. That funding will not be under $53.6 billion State Fiscal Stabilization Fund. Most of the state allocation, 81.8 percent, is dedicated to elementary, secondary, and postsecondary education and can also be used for early childhood education and services. Governors may use up to 18.2 percent of their allocation for school construction, modernization, renovation and. Other education increases include $10 billion for Elementary and Secondary Education Title grants to local education agencies, and $11.7 billion for the Individuals with Disabilities Education Act state grants. (Contact: Marilina Sanz 202/942-4260 or msanz@naco.org) [Top of Page]
Justice and Public Safety
Under the provisions of the Conference Report, the Department of Justice would receive:
- $2 billion for the Byrne JAG formula grant program
- $225 million for Byrne Competitive Grants for competitive, peer-reviewed grants
- $1 billion for COPS for the hiring and rehiring of additional career law enforcement officers. The bill waves the 25% local match and the $75,000 per officer cap
- $125 million for assistance to law enforcement in rural areas to combat the persistent problems of drug-related crime in rural America. Funds will be available on a competitive basis and includes funding for the hiring of police officers and for community drug prevention and treatment programs
- $225 million for Violence Against Women Programs
- $50 million for Internet Crimes Against Children initiatives.
- $40 million for law enforcement along the southwest border and in High Intensity Drug Trafficking Areas
The Department of Justice will be required to submit a spend plan to the Hill within 60 days of passage. (Contact: Donald Murray 202/942-4236 or dmurray@naco.org) [Top of Page]
Homeland Security
Homeland Security – The final version of the Economic Stimulus Package would provide roughly $610 million dollars in competitive grants to local governments. Notably, the legislation proposes $150 million for public transportation and railroad security assistance, $150 million for Port Security Grants, and $100 million for FEMA’s Emergency Food and Shelter Program. The legislation also provides $210 million for FEMA’s Firefighter Assistance Grant Program for modifying, upgrading or constructing local fire stations. Finally, the legislation removes the $5 million cap on FEMA’s Community Disaster Loan Program for eligible applicants who applied in 2008, and authorizes funding for redeveloping foreclosed and abandoned homes damaged or destroyed as a result of the 2005 hurricanes, severe flooding in the Midwest in 2008, and other natural disasters. (Contact: Dalen A. Harris 202/942-4236 or dharris@naco.org) [Top of Page]
Labor and Employment
The American Recovery and Reinvestment Act (H.R. 1) contains considerable boosts for job training programs. Under H.R.1, an additional $5.1 billion will be provided for existing workforce development and related programs administered by the Department of Labor.
The ARRA would provide funding for a number of existing workforce development programs, including three state formula grant programs that provide funding for youth, adults, and dislocated workers- Title I-B of the WIA. Other programs authorized by the WIA would also receive funding.
WIA Title I Programs:
- $2.9 billion for state job training grants:to provide funding for state formula grants for adult, youth, and dislocated worker training and employment activities. Funds will be allocated through existing state grant formulas.
- $500 million for Adult Employment and Training: to be provided for adult employment and training activities. Funds will be allocated through existing state grant formulas.
- $1.2 billion for Youth Activities: to be for grants for youth activities, including summer employment. The age for “eligible youth” under this program is changed from 21 to 24.
- $1.25 billion for Dislocated Workers:
- $750 million for high growth and emerging industry sector grants: to provide worker training and placement in high growth and emerging industry sectors. Of the total proposed allotment, $500 million will be reserved for research, labor exchange, and job training projects that prepare workers for energy efficiency and renewable energy industries.
- $200 million for National emergency grants: to be used for grants to eligible entities to serve workers affected by major economic dislocations (i.e. plant closures or mass layoffs).
- $ 50 million for Youthbuild: to be used for funding Youthbuild activities.
Additional workforce development funding:
- $120 million for the Community Service Employment for Older Americans program:
- $250 million for JobCorps:
- $400 million for State Employment Service Grants: for state unemployment insurance and employment services operations, of which, $250 million will be allocated for reemployment services for UI claimants.
- $80 million for the enforcement of worker protection laws: for the enforcement of worker protection laws, oversight, and coordination activities.
Unemployment Insurance Benefits:
$36 billion for Unemployment Insurance Benefits: More than $36 billion will be allocated to provide unemployment insurance benefits, with $27 billion allotted to continue the current extended unemployment benefits program, and $9 billion to increase the current average unemployment insurance benefit. (Contact: Deseree Gardner 202/942-4204 or dgardner@naco.org) [Top of Page]
Public Lands
Public Lands & Natural Resources Provisions
The Conference Committee compromise on the American Recovery & Reinvestment Act has included funding for key public lands management agencies. Bureau of Land Management construction, land management, and wildland fire was funded at $320 million. Fish and Wildlife Service resource management and construction was funded at $280 million. National Park Service operations & constructionwas funded at $750 million. USGS surveys, investigations, and research was funded at $140 million. USDA Forest Service capital improvement and maintenance received $650 million. USDA Forest Service wildland fire management programs were funded at $500 million. Bureau of Reclamation water project funding was listed at $1 billion. (Contact: Ryan Yates, 202/942-4207 or ryates@naco.org) [Top of Page]
Telecommunications and Technology
Broadband
The bill splits broadband grant funding between the National Telecommunications and Information Administration (NTIA -$4.7 billion) and Rural Utility Service (RUS-$2.5 billion). After deduction for various funding requirements that won't go to broadband grants & for administrative costs, the NTIA grant amount will probably be around $3.8 billion.
The NTIA grant program has very flexible criteria, giving the NTIA considerable leeway in determining grant award winners. It doesn't define unserved and underserved, nor does it set minimum speed requirements. The former should help municipalities in suburban and perhaps even urbanized areas, while both the former & the latter may help incumbents. (Both public and private providers will be eligible.) All grants are to be awarded by September 30, 2010. Net neutrality is required, as defined by NTIA in consultation with the FCC.
The RUS program will focus on rural areas and 75% of the funds must go to such areas that also lack sufficient access to broadband. The program will also give priority to deployment of competitive broadband systems, which should help municipalities possibly hurt incumbents. There is some language about preference for "open" networks, but it is apparently much softer than the NTIA program net neutrality requirement. Preference would be given to current and former RUS telephone loan recipients. On the other hand, no area receiving RUS funding under the program would be eligible for the NTIA fund program. (Contact: Jeff Arnold 202/942-4286 or jarnold@naco.org) [Top of Page]
Transportation
The stimulus bill provides $48.1 billion for transportation programs. In most cases the legislation includes 100 per cent funding with no match requirements and there are “use it or lose it” provisions or time limits for spending the funds in most categories and a number of oversight and transparency reporting requirements.
Highways and Bridges
The bill provides $27.5 billion for highways and bridges. Fifty percent of the money will be distributed to the states based on states’ 2008 share of highway and bridge dollars and 50 percent using the Surface Transportation Program (STP) formula. The funds can be used any STP-eligible project with no state or local match required.
In a victory for NACo, the legislation requires that 30 percent of the funds apportioned to each state be suballocated within a state using the existing STP formula, which distributes funds to areas over 200,000 population, under 200,000 and under 5000. This totals to about $8 billion. These are the funds that generally county governments will have access to and in large metropolitan areas are programmed by the MPO. The House bill did not include this provision. Additionally, three percent of each state’s share will be available to the Enhancement Program, which counties have often been able to use for their local projects. This totals to about $800 million.
There are several other set asides, including $310 million for Indian reservation roads and $170 million national park roads, $60 million for the Forest Highway Program, $10 million for Refuge Roads and $20 million for highway surface transportation and technology training. The remaining $17.9 will be spent at the discretion of the states. Generally, 50 percent of the highway funds must be obligated within 120 days and 50 percent within one year. The $8 billion in funds suballocated have a year to be obligated.
Competitive Grants for Surface Transportation
The bill includes $1.5 billion for new competitive/discretionary grants to state and local governments for transportation projects. Highways, bridges, transit, rail and ports are eligible. Grants would be made in the $20 million to $300 million range and generally need to be completed in three years. Funds must reflect an equitable geographic distribution and balance between addressing urban and rural needs.
Mass Transit
The bill provides $8.4 billion for mass transit, almost of which goes to local governments and all with a 100 percent federal share. The transit formula program will receive $6.9 with 80 percent going to urbanized areas, 10 percent to rural areas and 10 percent to high growth and high density regions. Within this formula there is a setaside for tribal transit needs and $100 million for grants to transit agencies to reduce energy consumption and greenhouse gases. The fixed guideway modernization program will distribute $750 million in formula grants. For both these formula programs, recipients will have 180 days after grant awards to obligate 50 percent of the money and two years after the award for the remaining 50 percent. The new starts program will receive $750 million and priority will be given to projects that are currently under construction or can be obligated within 150 days.
Aviation
The bill provides $1.1 billion for the Airport Improvement Program (AIP), which provides grants to locally owned airports, with a 100 percent federal share. Unlike the existing AIP program, the spending will be all discretionary rather than formula and must be applied for. Fifty percent of the grants must be awarded within 120 days and the remaining 50 percent within one year.
Rail
The rail section of the bill provides for $9.3 billion in spending. Amtrak would receive $850 million for capital projects with priority given to repair, rehabilitation and upgrading of rail infrastructure. An additional $450 million is provided for security grants. The largest rail funding is $8 billion for high speed rail. The Secretary of Transportation is given flexibility in allocating these funds with the goal of advancing the deployment of intercity high speed rail service in the United States. It is not clear how these funds are to be spent on upgrading existing rail service versus the development of new high speed rail routes. (Contact: Bob Fogel 202/942-4217 or bfogel@naco.org) [Top of Page]
Treasury Secretary Announces $2 Trillion to Spur Economy
On February 10, Treasury Secretary Timothy Geithner announced a multi-part plan to help get the American economy working again separate from the stimulus package. The goal of the plan, which could cost as much as $2 trillion, is to “protect taxpayers and ensure that every dollar is directed toward lending and economic revitalization.” The plan includes:
In addition, the Treasury will put in place mechanisms to increase transparency and accountability of government economic programs. For example, banks will be required to show how it will use government funds to increase lending, limits will be placed on executive compensation, and lobbying will be restricted to avoid political influence in investment decisions.
For more information about the plan and to find out where your federal tax dollars are going, go to the new website: www.FinancialStability.gov. (Contact: Steve Traylor 202/942-4254 or straylor@naco.org) [Top of Page]
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