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Home My WebLink AboutMINUTES - 11021993 - 1.28 TO: BOARD OF SUPERVISORS �......5 Contra rt `, FROM: Phil Batchelor, County Administrator Costa o s October 26 1993 County DATE: SrA�coup SUBJECT: LEGISLATION: S. 993 (Kempthorne, Feinstein, et al) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1 . ADOPT a position in SUPPORT of S. 993 (The Community Regulatory Relief Act of 1993) by Senator Dirk Kempthorne (R - Idaho) which would require that the Federal Government pay the total amount of direct costs incurred by State and local governments in complying with certain Federal mandates which take effect on or after the date of the enactment of the Act. 2 . AUTHORIZE the Chairman to communicate the Board' s support of S. 993 to Senator Dirk Kempthorne and Senator Dianne Feinstein. BACKGROUND: Supervisor Torlakson received a letter from Senator Dianne Feinstein noting that she is a co-author of S. 993 . S. 993 would provide Congressional findings and declarations to the effect that: ► Unfunded Federal mandates imposed on State and local governments have become increasingly extensive in recent years, and ► These mandates have added to the growing deficits in State and local government budgets and have resulted in the need for State and local governments to increase revenue or curtail essential services, and CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF 130ARD ONNovember 2, 3993 APPROVED AS RECOMMENDED OTHER r VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. j, r ATTESTED Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY _2_ ► Such excessive fiscal burdens on State and local governments have undermined the ability of State and local governments to achieve their responsibilities under State and local law. S. 993 provides that " . . .ANY REQUIREMENT UNDER A FEDERAL STATUTE OR REGULATION THAT CREATES A FEDERAL MANDATE SHALL APPLY TO THE STATE OR LOCAL GOVERNMENT ONLY IF ALL FUNDS NECESSARY TO PAY THE DIRECT COSTS INCURRED BY THE STATE OR LOCAL GOVERNMENT IN CONDUCTING THE ACTIVITY ARE PROVIDED BY THE FEDERAL GOVERNMENT FOR THE FISCAL YEAR IN WHICH THE DIRECT COST IS INCURRED. " This requirement would apply only to requirements which take effect on or after the date of the enactment of this bill . The Director of the Congressional Budget Office would have to provide an economic analysis of the effects on State and local governments of any bill, resolution or conference report reported by any Committee of the Congress or considered on the floor of either House of the Congress. Although S. 993 would provide no relief to the mass of existing Federal unfunded mandates, it would provide relief in the future by requiring that any mandate be funded by the Federal government or that its operation be optional on the State or local government. It is, therefore, appropriate that the Board of Supervisors indicate its support of S. 993 and communicate that support to Senator Kempthorne and Senator Feinstein. AGENDA ITEM I I '2- f CONSENT NO.. D .te C egory DETERMINATION CORRESPONDENCE INFORMATION ADOPT a position in SUPPORT of S. 993 (Kempthorne) , the Community Regulatory Relief Act", which would ensure that the Federal Government pays the costs incurred by state and local governments in complying with certain requirements under Federal statutes and regulations . Submitted By �'�Zt�4Efr Rr# i?yt+2�ikK+",+.6tf'�'crf'+"'it�?'X252@2"1'�'f2�:%<?�'�4R=r4"*'52�t�ttt;t}t7t{°f>iifF�tSY4i+•YFi�`St6Nt3iKy+.�et.+rrf,,2,;•4 , i:� e.13„tc*:^F r:>''�2�?.'"�•s�`r',k�cX.4 x.?w�+tik :�psLKi�+,`�',M•�itxta'�'t'A,:�ttdi �•�q'e'{.cRk•<n�hf DIANNE FEINSTEIN CALIFORNIA � UV COMMITTEE ON APPROPRIATIONS COMMITTEE ON THE JUDICIARY / COMMITTEE ON RULES AND ADMINISTRATION r, � �nite�. �tate� senate WASHINGTON, DC 20510-0504 September 17 , 1993 The Honorable Thoma Torlakson Board of Supervisors, unty of Contra Co$ta, ' � 2 300 E. Leland Ave. , Ste. 00 E � Pittsburg, California 9456 Dear Supervisor Torlakson: I am writing to express my c cer.'n ver unfunded fer3eral mandates and to let you know that I am a osponsor of S. 993 , the Community Regulatory Relief Act f 1993 . As a former mayor, I am very miliar ith the challenges facing localities in complying with edera requirements. Under S. 993 , compliance costs incurred from eral regulations would be fully covered by the federal government . Over the years the number of unfunded federal mandates has grown, draining resources and making it increasingly difficult for state and local governments to meet their budgetary requirements. I believe it is unfair for the federal government to impose mandatory regulations on localities without providing the necessary funding to implement them. I feel very strongly that Congress must be responsive to the fiscal constraints under which local and state governments operate, and I hope that S. 993 is quickly adopted. I look forward to working with you in the future as we address issues that affect California. As always, please feel free to contact me on this or any other issue. Sincerely rs, ;Dianne Feinstein United States Senator DF:cbs 10/21/93 Page 1 County of Contra Costa 5054 US S 993 AUTHOR: Kempthorne TITLE: GOVERNMENT FINANCE- STATE AND FEDERAL INTRODUCED: 05/20/93 SUMMARY: Ends the practice of imposing unfunded federal mandates on States and local governments and ensures that the Federal Government pays the costs incurred by those governments in complying with certain requirements under Federal statutes and regulations . STATUS: 05/20/93 INTRODUCED. To SENATE Committee on GOVERNMENTAL AFFAIRS . END OF REPORT US S 993 10/21/93 Page 1 1993 US S 993 AS INTRODUCED IN THE SENATE [A> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <A] SECTION 1 . SHORT TITLE. This Act may be cited as the "Community Regulatory Relief Act" . SEC. 2 . FINDINGS AND PURPOSE. (a) FINDINGS .-The Congress finds and declares that- ( 1) unfunded Federal mandates imposed on State and local governments have become increasingly extensive in recent years; (2) such mandates have, in many instances, added to the growing deficits in State and local government budgets and have resulted in the need for State and local governments to increase revenue or curtail sometimes essential services; and (3 ) such excessive fiscal burdens on State and local governments have undermined, in many instances, the ability of State and local governments to achieve their responsibilities under State and local law. (b) PURPOSE.-The purpose of this Act is to require that the Federal Government pays the total amount of direct costs incurred by State and _local governments in complying with certain Federal mandates which take effect on or after the date of the enactment of this Act under a Federal statute or regulation. SEC. 3 . DEFINITIONS. For the purposes of this Act- (1 ) the term "direct costs" means the amount of costs incurred by a State or local government dedicated to compliance with a Federal statute or regulation or that is in excess of the amount that the State or local government would incur in carrying out that activity in the absence of the regulation, but does not include any amount that a State or local government is required or permitted by law to contribute as a non-Federal share. under a Federal assistance program; ( 2 ) the term "Director" shall mean the Director of the Congressional Budget Office or his or her designee; ( 3 ) the term "Federal mandates" means a statute or regulation that requires a State or local government to- (A) take certain actions (including a requirement that a government meet national standards in providing a service) ; or (B) comply with certain specified conditions in order to --.____._receive or continue to receive Federal assistance and which requires the termination or reduction of such assistance if such government fails to comply with such conditions; US S 993 10/21/93 Page 2 (4 ) the term "local government" has the same meaning as in section 6501 ( 6 ) of title 31, United States Code; and (5 ) the term "State" has the same meaning as in section 6501 (8 ) of title 31, United States Code. SEC. 4 . FEDERAL FUNDING REQUIREMENT. (a) IN GENERAL.-Notwithstanding any other provision of law, any requirement under a Federal statute or regulation that creates a Federal mandate shall apply to the State or local government only if all funds necessary to pay the direct costs incurred by the State or local government in conducting the activity are provided by the Federal Government for the fiscal year in which the direct cost is incurred. (b) APPLICATION. -This section shall apply only to requirements which take effect on or after the date of the enactment of this Act. SEC. 5 . DUTIES OF THE DIRECTOR. (a) FISCAL NOTE.-The Director shall prepare, to accompany each bill, resolution or conference report reported by any committee of the House of Representatives or the Senate or considered on the floor of either House, an economic analysis of the effects of such bill or resolution by each State government and by each local government within each State in complying with the Federal mandate. The analysis prepared by the Director shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed. (b) REPORT OF THE DIRECTOR. -For each fiscal year in which a Federal mandate will be in effect, the Director, in consultation with representatives of State and local governments, shall prepare and submit to the President and the Congress, with the President' s budget in January preceding the beginning of a fiscal year, a report that contains an estimate, for that fiscal year and the following fiscal year, of the total amount of direct costs that have been incurred or will be incurred by each State government and by each local government within each State in complying with the Federal mandate. SEC. 6 . EFFECT OF SUBSEQUENT ENACTMENTS. No statute enacted after the date of enactment of this Act shall supersede this Act unless the statute does so in specific terms, referring, to this Act, and declares that that statute supersedes this Act. END OF REPORT