The Ferguson Group Blog

Is Your City as Resilient as You Think?

If your city is preparing now to withstand any number of potential natural and manmade catastrophes in the future, then it’s time to think about competing in the Rockefeller Foundation’s 100 Resilient Cities Centennial Challenge.  This competition is open to municipal governments with a population of over 50,000 people and will provide technical support and resources for developing and implementing urban resilience plans. 

The Rockefeller Foundation's partners will choose 100 cities to work with on establishing a suite of financial and technical assistance support to develop and implement the resilience plan. Each selected community is expected to be an integrated member of the 100 Resilient Cities Network and create or expand the role of a Chief Resilience Officer within the municipal government.

 

Registration is required by Sept. 23, 2013 in order to receive the application.

  

For more information, visit the Centennial Challenge webpage.

 

Wednesday News Roundup

Every Wednesday, The Ferguson Group blog will be posting a series of articles published over the previous week that discuss topics of interest to local governments.  Learn about emerging trends and keep up on key policy issues by browsing the TFG Wednesday News Roundup! - See more at: http://thefergusongroup.typepad.com/grants/2013/06/wednesday-news-roundup-1.html#sthash.0wlLKIAR.dpuf

Every Wednesday, The Ferguson Group blog will be posting a series of articles published over the previous week that discuss topics of interest to local governments.  Learn about emerging trends and keep up on key policy issues by browsing the TFG Wednesday News Roundup! - See more at: http://thefergusongroup.typepad.com/grants/2013/06/wednesday-news-roundup-1.html#sthash.0wlLKIAR.dpuf

Every Wednesday, The Ferguson Group blog will be posting a series of articles published over the previous week that discuss topics of interest to local governments.  Learn about emerging trends and keep up on key policy issues by browsing the TFG Wednesday News Roundup! - See more at: http://thefergusongroup.typepad.com/grants/2013/06/wednesday-news-roundup-1.html#sthash.0wlLKIAR.dpuf

Every Wednesday, The Ferguson Group blog will be posting a series of articles published over the previous week that discuss topics of interest to local governments.  Learn about emerging trends and keep up on key policy issues by browsing the TFG Wednesday News Roundup!

Roadside Systems Detect Wildlife to Prevent Collisions

The Province of Ontario, Canada has become the site of new wildlife sensor and alert systems that aim to reduce the number of animal-vehicle collisions on highways.  Similar systems are currently being tested in states like Florida and Colorado, who are looking to use the system to both protect motorists and endangered animal populations.  Read More….

HUD Releases Emergency Funds to Soften the Sequester’s Impact

The U.S. Department of Housing and Urban Development is allocating $103 million in emergency funds to public housing authorities across the country for the rental voucher program.  Although the emergency funds may help to soften the impact of sequester cuts on this program, other vital federal programs that serve the poor continue to suffer.  Read More…

U.S. to Revive Loan Program That Backed Tesla, Fisker

The Energy Department is starting an active outreach campaign to revive the Alternative-Vehicle Loan program that has not been active since 2011.  The program, which still has $15 billion in remaining authority, has been highly criticized for its scattered track record of failures and successes.  Read More…

Yosemite Blaze Continues; U.S. Fleet of Firefighting Planes Depleted by Years of Neglect

The fires raging across the western U.S. have not only spurred conversations about the effects of climate change and environmental conditions, but also about the funding that goes toward fighting wildfires and the equipment used to do so.  The Department of Interior is taking heat for its neglect to keep tabs on the needs of firefighters and their decades old fleet of air tankers.  Read More…

Most Government Jobs Are Local (And So Are the Cuts)

Although the Great Recession has caused the loss of over 520,000 government jobs, an estimated 400,000 of those have been in local governments and 114,000 in state governments.   Understanding that nearly 90% of government jobs are at the state and local level, the calculated disparity still reflects a disproportionate loss at state and local levels.  Read More…

 

Weekly News Roundup

San Luis Obispo County Sheriff’s Office Goes High-Tech

The San Luis Obispo Sheriff’s Office has adopted the use of a military software-based dispatch system that allows local police to use their smart phones to communicate with dispatch and other government agencies from surrounding municipalities without bulky equipment or the use of multiple frequencies. Although the new technology has not replaced the traditional handheld radio system, the technology has offered officers flexibility in situations where radio reception has been problematic. Read More…

Analysis: Obamacare, Tepid U.S. Growth Fuel Part-Time Hiring

Some economists conclude that since 2012, the hiring of part-time employees has surged as a result of Obamacare and slow economic growth. These economists say that until the economy strengthens and employers know how Obamacare will impact their businesses, firms will continue their reliance on part-time employees. Read More…

After Tragedy, Schools Turn to Technology

Panic buttons have been installed in schools throughout the U.S. in an attempt to keep students and staff safe from violent attacks like those on Sandy Hood Elementary and the recent incident in DeKalb County, Ga. Although some critics say that a panic button is not enough to protect the livelihood of students and staff in schools, most agree that the new technology offers a responsible solution for the protection of students, teachers and administrators in emergency situations. Read More…

States Brace for New Round of Sequester Cuts

According to Federal Funds Information for States, the continuation of sequestration cuts in FY 2014 could result in the loss of $4.2 billion for state funding. If Congress fails to pass appropriations bills by October 1, states will be forced to made difficult cuts to budgets that have little room left to trim. Read More…

U.S. Wildfires Costs Top $1 Billion for 2013

As fires continue to blaze across the western United States, $1 billion has already been spent fighting fires in 2013 according to the National Interagency Fire Center. Experts and firefighters alike continue to report that wildfires are getting more destructive and intense year after year. Read More…

FEMA Final Rule Provides Arbitration Alternative to Public Assistance Appeal Process

On Friday, August 16, 2013, the Federal Emergency Management Agency (FEMA) published a final rule outlining a new arbitration option for applicants dissatisfied with public assistance determinations.

Until now, cities and counties unhappy with FEMA disaster assistance determinations had but one course of action available – a two-level appeal process requiring a regional office or headquarters to find decisions made by FEMA field staff arbitrary, capricious, or an abuse of discretion or in violation of law. Some appellants found the appeal process unhelpful because upper level FEMA officials reviewed field workers’ decisions – a less than optimal situation from the appellant’s perspective.

Under the new arbitration option, FEMA must choose an arbitration sponsor that is unaffiliated with the dispute to ensure independence of the arbitration process. The sponsor is responsible for choosing the panel which will be comprised of three members who are qualified to review and resolve disputes. The arbitrators must be neutral and independent and must not have had any prior involvement with the contested appeal.

Under the new rule, the arbitration panel is required to issue a written and reasoned decision within 60 days of the arbitration hearing or administrative conference. Some recent appellants will appreciate this timeline as the old appeals process has, in some cases, taken many months and even years. The standard of review under arbitration does not appear to differ from the existing appeals process; the arbitration panel will only set aside the agency determination if it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. In the case of a FEMA finding of material fact adverse to the applicant on the first appeal, the panel will only set aside or reverse such a finding if the finding was clearly erroneous. The lack of authority to review the case de novo makes arbitration less attractive to some applicants.

Arbitration will be available for disputes related to disasters declared on or after October 30, 2012, in an amount equal to or greater than $1,000,000, for projects with a non-Federal cost share requirement, and for applicants that have completed a first appeal. The arbitration decisions will be binding. The authority for the arbitration option sunsets on December 31, 2015. FEMA’s final rule is located here.

 

EPA Highlights New Tools to Help Local Governments Address Climate Change Impacts and Promote Energy Efficiency

EPA’s State and Local Climate and Energy Program office recently published two helpful tools for communities seeking to advance climate change mitigation and clean energy goals.

First, the Coastal Hazards Center at the University of North Carolina at Chapel Hill has developed a handbook to help local governments adapt to climate change. The handbook demonstrates the need for local action and explains the options that are open to local governments. The handbook was written by UNC graduate student Sierra C. Woodruff with Anna K. Schwab and Dylan Sandler with advising from Professor David Brower and Gavin Smith, Executive Director of the Coastal Hazards Center at UNC. You can download the complete handbook here.

Second, the State and Local Energy Efficiency Action Network has produced a guide on energy audits and retro-commissioning. The guide provides a helpful synthesis of existing state and local policies, and discussion of policy options for driving energy audits and retro-commissioning activity within public and private sector buildings.

In recent years, a number of jurisdictions have enacted policies that require building owners to conduct energy assessments or "audits" of their facilities, improve the operating efficiency of existing buildings through "retro-commissioning," or both. This guide distills the experiences of these early-adopter jurisdictions and captures many of the key elements required for the consideration, development, and implementation of state and local audit and retro-commissioning policies. The guide can be downloaded here.

Share your community’s experience with promoting energy efficiency and addressing climate change. What is working for your community?

Time to Feed the Tigers

Congressman Rick Larsen (D-WA) recently introduced a new twist on the Transportation Investment Generating Economic Recovery (TIGER) grant program. Ever since Congress established TIGER as part of the American Recovery and Reinvestment Act, about three-quarters of funds have gone to large cities and statewide projects and the remaining quarter has been set aside for rural cities. As a result, small and medium-sized cities, with small and medium-sized projects really haven’t had a seat at the TIGER table. Congressman Larsen’s new bill, “The Transportation Investment Generating Economic Recovery for Cities Underfunded Because Of Size” (TIGER CUBS) Act of 2013 proposes to change all that by setting aside 20 percent of special transportation infrastructure funding specifically for smaller cities. Under the bill, small and medium-sized cities will get a dedicated piece of the pie. The bill would ensure that communities with a population between 10,000 and 50,000 can compete for TIGER CUBS grants for projects as small as $2 million.

While this bill is a great new vehicle for small and medium-sized cities to get smaller road, bridge and highway projects funded, it won’t go far without a lot of support. If you are interested in seeing the TIGER CUBS program feed a dedicated stream of federal dollars to small and medium sized cities, contact me to learn how your community can support this new legislation.

Slow Going in the 113th Congress

As the 113^th Congress approaches the final four months of its first session, only twenty-two bills have become laws as of August 1. These bills include disaster relief for Hurricane Sandy, the reauthorization of the Violence Against Women Act, awarding a congressional gold medal and a measure regarding commemorative coins. In total, the U.S. House of Representatives has introduced 2,899 bills while the U.S. Senate has introduced 1,416 for this year, according to the House Clerk’s Office.  A summary of the twenty-two bills signed into law thus far can be found at: http://www.congress-summary.com/C-113th-Congress/Laws_Passed_113th_Congress_Seq.html.

 

Additionally, none of the fiscal year (FY) 2014 annual spending bills have been passed. Only four of the twelve annual spending bills have been completed by the House, all defense and security-related. The Senate has completed none. With the House and Senate far apart on total spending levels, a government shutdown is possible on October 1, when the current spending law expires. It is increasingly likely Congress will have to pass a short term funding measure, especially since Congress is in session for only nine days in September. The debt ceiling debate will also be a key issue faced by Congress upon its return. The federal government is expected to run out of borrowing authority later this fall and will default on its obligations unless Congress extends that authority.

When lawmakers return on September 9th, it will certainly be interesting to see what is accomplished in the months ahead.

Wednesday News Roundup

Florida to Sue Georgia in U.S. Supreme Court over Water

After years of failed negotiations, Florida is planning to sue Georgia over the depleting amount of water flowing from Georgia into Northwest Florida, citing that the state of Georgia is consuming too much water that would otherwise flow into Florida. The lawsuit comes on the heels of a fishery disaster declaration released on August 12th by the National Oceanic and Atmospheric Administration, stating the oyster industry has been devastated by the “excessive drought conditions” in the bay, partially due to the lack of water flowing into the bay area from Georgia. Read More…

Obama Pushes Ambitious Internet Access Plan for Schools

During a visit to Mooresville, N.C. back in June, the President announced a plan that would expand high-speed internet access in schools, transforming the way students learn and teachers teach. The program, ConnectEd, is being seen by White House advisers as one of the biggest potential achievements of the President’s second term. However, as the White House continues its efforts to make ConnectEd a reality, the Federal Communications Commission and Congress are questioning the Administration’s proposal on how to fund the program. Read More…  

California Gets First Test of Cell Phone Alert System

Last week, Californians were the first to receive a statewide Amber Alert directly to their cell phone. The alert came as a surprise to many California residents, who had varying reactions to the new Federal Emergency Management Agency system. Read More…

Senate Panel Kicks Off Broad Look at Bitcoin

Bitcoin and other virtual currencies are being scrutinized by lawmakers, bankers and law enforcement alike for not only its lake of traceability, but for the lack of regulations and restrictions that currently exist for virtual currencies. In response, the Senate Committee on Homeland Security and Government Affairs is beginning to look into Bitcoin and other virtual currencies in the hopes of properly regulating these currencies to prevent widespread criminal activity. Read More…

Break-Up-The-Big-Banks Fever Hits the States

Eighteen states have written resolutions calling on Congress to separate big bank business by limiting the activity allowed between the commercial banking and investment banking industries. Freshman Senator Elizabeth Warren, the Congressional champion for the reinstatement of the 1933 Glass-Steagall Act, may not have much support in Congress, but is gaining traction among state lawmakers. Read More…

Stakeholders Anxious As Health Exchange Rates Emerge

Stakeholders from broad spectrum anxiously await news on how rates for insurance coverage will be affected by the Affordable Care Act.  State-based Health Care Exchanges start enrollment on October 1^st, with coverage becoming effective on January 1, 2014.  The U.S. Department of Health and Human Services will run exchanges for states that opted out of management of their own. HHS, along with states that are running their own exchanges, have been negotiating all year with insurance companies to provide plans that meet federal minimums.  States have the option of requiring additional basic coverage.  Some states have already announced premiums and they tend to show decreases in average insurance costs.  Federally run state exchanges, such as Florida and Texas, have insurance commissions that have predicted (even double digit) increases.  August has been busy with a gear up for information sharing with the public.  Minnesota is rolling out webinars on how to sign up for exchanges even though they have not published insurance rates. Maryland and California have aggressive enrollment plans, both having published rates for coverage on the exchanges. 

The news on rates, both real and the predictions, have yet to take into account the scope of subsidies that will available for those who qualify.  The Affordable Care Act established subsidies to lower the cost of purchasing insurance on the exchanges.  In large part, the subsidies are means tested, based on family size and income.  The Kaiser Family Foundation just published a study showing that almost 48% of people who currently purchase their insurance as individuals (as opposed to having employer-provided care or Medicaid or Medicare) will eligible for some form of insurance exchange subsidy. The study found that the average family subsidy will be $5,548, which they estimate will save them 66% of the cost of coverage.  These figures were for the middle tier of coverage, with larger subsidies available for the smaller plans and less available for more generous plans.

Will Waterfronts be Tomorrow’s Mainstreets?

Waterfronts and ports in particular, continue to gain attention in Washington, where they are viewed as increasingly integral to the economic development and sustainability of their surrounding communities. A new bill, “The Waterfront of Tomorrow Act,” was announced on July 30th by Congresswoman Nydia Velazquez (D-NY). While the bill’s focus is to help protect New York City from future floods, the bill will need the support of port cities across the nation and has been designed to have nationwide appeal.

If passed, the bill would incorporate ports and harbors into the National Freight Policy provisions included in MAP-21; it would establish a state and local grant program within the Economic Development Administration to establish environmentally sustainable waterfront areas; and it would allow the Environmental Protrection Agency and the U.S. Maritime Administration to jointly establish a “Green Port” designation, which would be accompanied by federal grant funding and technical assistance.

Re-framing waterfronts as tomorrow’s mainstreets is what this bill is all about. The Congresswoman is initially looking at seeking support from California and New Jersey members to build the momentum needed to gain nationwide support. If your community has a waterfront, this is a bill to watch.