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Legislative Program 2008

Legislative Position of the TJPDC for the City of Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson

Action Items:

Areas of Continuing Concern:

Comprehensive Services Act

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The Planning District localities recommend and urge support for legislative proposals that increase CSA administrative funding to localities, that require state contracting with residential providers, and that require the state Office of Comprehensive Services to review and track vendor costs and rates.

These specific legislative and budget recommendations are a first step at trying to address some of the challenges posed by CSA in our jurisdictions, specifically the low level of state funding provided to localities for CSA administrative costs and the rapid rise in the costs of residential services.

Since the inception of the Comprehensive Services Act, CSA pool expenditures have increased steadily for state and local governments (from $105 million in 1994 to $295 million in 2006) and costs have been difficult to forecast because of factors beyond state and local control (number of mandated children in a community, severity of problems, service rates, availability of alternative funding). Further, localities also pay the overwhelming majority (90%) of costs to administer CSA. We believe the legislature should fully fund the state CSA pool, especially as local governments comply with new policy initiatives for children at risk of foster care/custody relinquishment. The state also should increase administrative funding, which is based on outdated cost data and capped at $1.5 million per year.

In an effort to help contain costs and provide some relief to local governments, we recommend that the state establish contracts with CSA providers to provide for a uniform contract management process, improve vendor accountability and control costs. We also encourage the state to be proactive in making service providers available, especially in rural areas, and to support local and regional efforts to address areas of cost sharing among localities by procuring services through group negotiation. The state also should continue grants to localities for community-based alternatives for children served in CSA.

Public Education Funding

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The Planning District localities urge the legislature to fully fund the state share of the realistic costs of meeting the Standards of Quality (SOQ) and to enhance teacher salaries to help recruit and retain high-quality instructional personnel.

The state spent nearly $5 billion on public education in FY06, while local governments appropriated $5.8 billion. The amount spent by localities was $2.8 billion more than required by the state. We believe the state should resist changes that require localities to fund a greater share of K-12 education costs. Rather, it should fully recognize and fund costs for the upcoming rebenchmarking of the SOQ, incentive and categorical programs. Altering the current rebenchmarking process to lower recognized costs would only serve to shift more costs to be borne by real estate taxes.

Regarding teacher salaries, the state budgeted salary figure (on which it bases its share of teacher costs) falls well below both the statewide and national averages. Teacher pay comprises the majority of K-12 expenditures, and local market conditions dictate the level of pay required to recruit and retain quality teachers. We believe that the localities in our region should be included in the “Cost of Competing Adjustment” now available only to various localities primarily in Northern Virginia. This would help other localities to reach and maintain competitive compensation to help recruit, develop and retain a highly qualified and diverse teacher workforce.

Regarding school capital needs, we continue to urge state financial assistance with school construction and renovation needs, including funding for the Literary Loan and interest rate subsidy programs, and an increase in the maximum amount of Literary Fund loans from the current $7.5 million.

Finally, we also recognize the importance of early learning on a child’s success in school and urge full state funding for costs associated with expanding prekindergarten opportunities for four-year olds.

Land Use and Growth Management

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The Planning District localities 1) support broadening of the road impact fee authority adopted in 2007, 2) encourage the state to provide local governments with additional tools to manage growth, and 3) oppose preemption or circumvention of existing local authority to regulate land use.

The top regional priority during the 2007 General Assembly session was to secure enabling authority for impact fees. Road impact fees, building on existing authority for a small group of localities, were authorized for all but one county in our region. While this new authority is appreciated, its provisions are complex and challenging to implement. Accordingly, we support modification of this authority to make it more effective and usable, and to expand it to additional localities and for uses other than just roads.

The past few years have seen an increase in both mandated and optional land use provisions applicable to local governments to help address growth issues. These include the addition of urban development areas in comprehensive plans, clustering for single-family residential developments, the transfer of development rights and expansion of conditional zoning and road impact fee authority.

To enhance our ability to pay for infrastructure costs and to support services associated with new developments, we endorse enabling legislation and optional provisions that include the following:

  • Authority for local ordinances for determining whether public facilities are adequate (“adequate public facility,” or APF ordinances).
  • Optional cluster development as a land use tool for local governments.

We also support 1) dedicated funding through the Virginia Land Conservation Foundation for the acquisition, preservation and maintenance of open space and recreation lands, 2) full authority to generate local dollars for such efforts, and 3) additional incentives for citizens to create conservation easements, including removing the cap on conservation easement tax credits approved in 2006. Finally, we support authority for localities to enact scenic protection and tourist enhancement districts.

Transportation Funding

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The Planning District localities urge the state to establish separate, dedicated and permanent state revenue streams for Virginia’s transportation infrastructure. The state also should not shift road maintenance and construction responsibilities to localities.

While local governments appreciate the General Assembly’s efforts to increase transportation funding, the 2007 initiative failed to address the state’s huge long-term transportation challenges. The need to fund a declining transportation infrastructure is still dire and state dollars remain inadequate. Local governments need sustainable, dedicated, non-general funds from the state to support our transportation network. Absent such an investment, Virginia faces a congestion and mobility crisis that will stifle economic growth and negatively affect the quality of life of our residents.

The state should direct its funding efforts at all transportation modes both statewide and regionally, targeting investments toward solutions that put money to work on new ideas and in tandem with leveraging private investment. It should account for urban area needs where public transportation is very important, the increasing traffic demands placed on fast-growing localities and the ongoing improvements necessary on rural, secondary roads. These improvements are vital to our region’s ability to respond to local and regional congestion and economic development issues.

We support ongoing state and local efforts to coordinate transportation and land use planning, without eroding local land use authority, and state incentives for localities that do so. We urge VDOT to be mindful of local comprehensive, land use and trail/bicycle plans, as well as regional transportation plans, when planning transportation systems within a locality.

We also request the following:

  • That creation of any local transportation district serve to enhance accompanying public and private dollars for projects in accordance with local priorities, rather than to replace that funding
  • State funding for improvements along rural sections of the Rt. 29 corridor
  • Increased funding for the revenue-sharing program
  • Funding for the TransDominion Express
  • Allowing the use of Rural Rustic Road funds to pave rural addition roads
  • Increased funding to help mitigate transportation and other impacts (e.g. educational facilities) on localities affected by recommendations of the Defense Base Closure and Realignment Commission (BRAC).

Local and State Revenues

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The Planning District localities urge the governor and legislature to 1) resist unfunded mandates on localities, 2) protect state general fund revenues for core government services, and 3) preserve local revenues so that local officials can take appropriate steps to generate sufficient revenues to sustain and improve services.

The state should honor its funding obligations for existing and new mandates. We oppose unfunded state mandates and the cost shifting that occurs when the state fails to fund mandates or reduces or eliminates funding for state-supported programs. This cost shifting reduces the ability, especially in our rural localities, to meet local needs and forces our citizens to bear local tax and fee increases (which our localities have implemented) to pay for programs and services. State funding reductions for state-required services/programs should be accompanied by relaxation of the state requirement.

We believe the state should provide full funding for its mandates in all areas of local government, especially for certain state programs carried out at the local level, such as constitutional officers, human services positions and costs related to jails and juvenile detention centers. The state also should pay the full costs of any additional benefits it mandates to be provided for constitutional officers or their staffs.

The state should protect the reliability of its general fund, as it supports core government services such as public education, health and human services and public safety. It also is critical that the state budget be provided “on time” to localities, so that they can have assurances about expected revenue streams.

Finally, any changes to Virginia’s tax code should not reduce local government revenues or restrict local taxing authority. The legislature should broaden the revenue sources available to local governments, rather than capping, removing or restricting them. The state should refrain from establishing local tax policy at the state level and allow local governments to retain authority over decisions that determine the equity of local taxation policy, if governing bodies are to provide cost-effective services. Any real estate homestead exemption that is approved should be on a local option basis.


Areas of Continuing Concern

Economic and Workforce Development

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The Planning District’s member localities recognize economic development and workforce training as essential to the continued viability of the Commonwealth. We support policies that closely link the goals of economic and workforce development and the state’s efforts to streamline and integrate workforce activities and revenue sources.

  • We support the governor’s Economic and Workforce Development Strategic Plan for the Commonwealth that more clearly defines responsibilities of state and local governments and includes new tools for local governments to use in attracting economic development opportunities.
  • We support enhanced funding for the Regional Competitiveness Act to continue meaningful opportunities for regional projects. We also support enhanced state funding for the Industrial Site Development Fund, the Governor’s Opportunity Fund and tourism initiatives that help promote economic development in localities and regions.
  • We encourage the state and local governments to work with other entities to identify and promote local, regional and state agricultural products.
  • We support increased state funding for workforce development programs.
  • We encourage continuing state incentives and support for expanding broadband technology in underserved areas.

Environmental Quality

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The Planning District’s member localities believe that environmental quality should be funded and promoted through a comprehensive approach and address air and water quality, solid waste management, land conservation and land use policies. We are committed to the protection and enhancement of the environment and recognize the need to achieve a proper balance between environmental regulation and the socio-economic health of our communities within the constraints of available revenues. Such an approach requires regional cooperation due to the inter-jurisdictional nature of many environmental resources, and adequate state funding to support local and regional efforts.

We believe the following:

  • The state should not impose a fee, tax or surcharge on water, sewer, solid waste or other local services to pay for state environmental programs. To do so would set a disturbing precedent whereby the state could levy surcharges on local user fees to fund state priorities.
  • The state should reduce permit application fees associated with storm water management and stream mitigation projects, as recent fee increases have adversely impacted local abilities to adopt regional storm water management programs and to undertake projects needed for stream protection. Fees should be used only to cover costs of administering the program.
  • The legislature should provide funding for wastewater treatment and other necessary assistance to localities as it works to clean up the state’s impaired waterways, while ensuring that system design standards remain compatible with any new state requirements. The state also should explore alternative means of preventing and remediating water pollution.
  • The state should not enact legislation mandating expansion of the area covered by the Chesapeake Bay Preservation Act. Instead, the state should provide legal, financial and technical support to localities that wish to comply with any of the Act’s provisions, allow localities to use other practices to improve water quality and provide funding for other strategies that address point and non-point pollution.
  • The state should be a partner and advocate for localities in water supply development and should work with and assist localities in addressing water supply issues, including investing in regional projects. Also, the state’s water supply planning efforts should continue to involve local governments.
  • The state should 1) ensure landfill closure schedules permit facilities posing no threat to property or the public to continue to operate through their allowable life, and 2) provide adequate funding for landfill closure and post-closure costs.
  • We support increased local government representation on the Biosolids Use Regulation Advisory Committee (BURAC).

Health and Human Services

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The Planning District’s member localities recognize that special attention must be given to developing circumstances under which people, especially the disabled, the poor, the young and the elderly, can achieve their full potential. Reductions to community agencies are especially troublesome, as their activities often end up preventing more costly services later. The delivery of health and human services must be a collaborative effort from federal, state and local agencies. We urge the General Assembly to ensure funding is available to continue such valuable preventive services.

  • We oppose any changes in state funding or policies that result in an increase of the local share of costs for human services, including changes that would require additional local contributions for indigent care.
  • The state should increase funding to the Virginia Juvenile Community Crime Control Act (VJCCCA) program, which has produced a nearly 50% drop in Department of Juvenile Justice commitments since 1998. Further, the state should maintain a formula-driven allocation process for VJCCCA funding.
  • The state should provide sufficient funding to allow Community Services Boards (CSBs) to meet the challenges of providing a community-based system of care, including maximizing the use of Medicaid funding. We believe children with mental health needs should be treated in the mental health system, where CSBs are the point of entry. We support state action to increase investment in the MR waiver program for adults and young people and Medicaid reimbursement for children’s dental services. We also oppose any shifting of Medicaid matching requirements from the state to localities.
  • We support efforts to fund mental health and substance abuse services at juvenile detention centers.
  • We oppose new state or federal entitlement programs that require additional local funding.
  • We support sufficient state funding for local social services facilities and for local departments to maintain adequate office space to deliver services. We also request that the state provide funds for staffing local social services departments to 1) determine eligibility for residents seeking social services such as Medicaid, food stamps and Temporary Assistance to Needy Families (TANF), and 2) meet child and family services review goals. We also support state assistance for providing pre-admission screening services for nursing homes and for prompt investigation and services in cases involving abuse, neglect or exploitation of the elderly or disabled.
  • We support continued state funding for local Disability Services Boards, as well as restored state dollars for the Rehabilitative Services Incentive Fund.
  • We support sufficient state funding assistance for older residents, to include companion and in home services, home delivered meals and transportation.
  • We support the continued operation and enhancement of early intervention and prevention programs (and renewal of CSA Trust Fund dollars to support them), including school-based prevention programs which can make a difference in children’s lives. This would include the state’s program for at-risk four-year-olds, the Child Health Partnership and Healthy Families programs.
  • We support Virginia’s welfare reform program and encourage efforts to promote family preservation and work requirements. The legislature should provide full funding to assist low-income working and TANF (and former TANF) families with childcare costs. These dollars help working-class parents pay for supervised day care facilities and support efforts for families to become self-sufficient. We oppose any initiatives to shift traditional federal and state childcare administrative responsibility and costs to local governments. We support state efforts to expand access to education and training needed by welfare recipients to become employed and self-supporting. We believe the current funding and program responsibility for TANF employment services should remain within the social services realm. We also support a TANF plan that takes into account and fully funds state and local implementation and support services costs.

Housing

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The Planning District’s member localities believe that every citizen should have an opportunity to afford decent, safe and sanitary housing. The state and local governments should work toward expanding and preserving the supply and improving the quality of affordable housing for the elderly, the disabled and low- and moderate-income households. Regional housing solutions and planning should be implemented whenever possible.

  • We support changes to the Code to allow 1) local flexibility in the operation of affordable housing programs, 2) for creation of a state housing trust fund, 3) establishment of affordable dwelling unit ordinances, 4) the award of grants and loans to low- or moderate-income persons to aid in purchasing dwellings, and 5) the provision of other funding to encourage affordable housing initiatives.
  • We support measures to prevent homelessness and to assist the chronic homeless.
  • We support incentives that encourage rehabilitation and preservation of historic structures.
  • In addressing the lack of input that local governments have concerning housing issues, we support local government notice provisions for all proposed low and moderate-income housing projects seeking federal tax credits, including VHDA.
  • We support VHDA criteria for funding which encourages rehabilitation of existing housing and discourages new construction in close proximity to existing subsidized housing.
  • We support retaining local discretion to regulate the allowance of manufactured homes in zoning districts that permit single-family dwellings.
  • We encourage and support the use of, and request state incentives for using environmentally friendly (green) building materials and techniques, which can contribute to the long-term health, vitality and sustainability of the region.

Public Safety

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The Planning District’s member localities encourage state financial support, cooperation and assistance for law enforcement, emergency medical care, criminal justice activities and fire services responsibilities carried out locally.

  • We encourage the state to make Compensation Board funding a top priority, fully funding local positions that fall under its purview. It should not increase the local share of funding constitutional offices or divert funding away from local offices, but increase money needed for their operation, as local governments have continued to provide much supplemental funding for constitutional officer budgets.
  • The state should continue to allow exemptions from the federal prisoner offset and maintain the per diem payment to localities for housing state-responsible prisoners.
  • We support continued state funding of the HB 599 law enforcement program, drug courts and the Pre-Release and Post-Incarceration Services (PAPIS), Community Corrections and Pretrial Services Acts.
  • We urge state funding for the Volunteer Firefighters’ and Rescue Squad Workers’ Service Award Program and other incentives that would help recruit and retain emergency service providers. Further, the state should improve access to and support for training for volunteer and paid providers.
  • We encourage shared funding by the state of the costs to construct and operate regional jails; however, we do not believe the state should operate local and regional jails.
  • We urge local involvement in planning processes for homeland security measures.
  • We support state funding to develop supervised visitation centers to protect children during visitation with non-custodial parents, when ordered by a court.

Local Government Structure and Laws

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The Planning District’s member localities believe that since so many governmental actions take place at the local level, a strong local government system is essential. Local governments must have the freedom and tools to carry out their responsibilities.

  • We support legislation to enhance the ability of local governments to provide services required by citizens and to meet their responsibilities in state/local partnerships. Accordingly, we support a requirement for state agencies to notify localities of planned construction projects that may affect the locality’s comprehensive plan.
  • We oppose intrusive legislation involving purchasing procedures; local government authority to establish hours of work, salaries and working conditions for local employees; matters that can be adopted by resolution or ordinance; and procedures for adopting ordinances.
  • We request that any changes to the Virginia Freedom of Information Act (FOIA) preserve 1) a local governing body’s ability to meet in closed session, 2) the list of records currently exempt from disclosure under FOIA, and 3) provisions concerning creation of customized computer records. We support changes to allow local and regional public bodies to conduct electronic meetings as now permitted for state public bodies.
  • We support local requests to the state for enabling legislation to increase the income and financial worth limitations for real property tax exemption or deferral programs.
  • We encourage clarification of Code provisions that stipulate law enforcement responsibilities when transporting persons for whom a temporary detention order has been issued for emergency medical treatment or evaluation.
  • We oppose any changes to state law that further weaken a locality’s ability to regulate noise or the discharge of firearms.
  • We support expanding local authority to regulate smoking in public places.
  • We support enactment of an interest rate cap of 36% on payday loans.
  • The state should amend the Code to require litigants in civil cases to pay for the costs associated with compensating jury members.
  • We support state funding for regional planning districts.
  • We support legislation to increase permissible fees for courthouse maintenance.
  • The state should ensure that local connectivity and compatibility are considered in any centralizing of state computer functions.
  • The state must ensure that the continued implementation of electric utility restructuring is revenue neutral to localities and that any necessary stopgap appropriations to adversely affected localities are fully funded.


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