City Council Agenda and Packet 1999 04 06

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CML takes positions on select federal legislation affecting cities and towns Federal preemption General Federal preemption of traditional powers of state and local government is the greatest intergovernmental threat. before Congress and the Admin- istration. CML urges Congress and the Administration to respect the roles and responsibilities of the states and local governments and to oppose ef- forts of special interests and others to preempt the taxing and regulatory powers of state and local govern- ments. •Electronic and other interstate commerce Support legislation requiring inter- state retailers to collect state and local sales taxes to the same extent as cur- rently required of local retailers, to prevent erosion of state and local tax bases and the resulting deterioration in government services. •E -911 Oppose proposed federal legislation preempting consideration of local land use plans in the siting of telecommuni- cation towers on adjacent, federal property. •FCC interference Oppose proposed FCC regulatory action interfering with local land use decisions on tower sitings or preempt- ing municipal franchise authority. •Land use and takings Oppose legislation that would sub- ject local land use decisions to litiga- tion in the federal courts before state processes and appeals have been ex- hausted. Also oppose restrictions, be- yond those set forth in the Constitu- tion and defined by recent Supreme Court decisions, on the ability of fed- eral. state and local governments to regulate private property for the bene- fit of public health, safety and welfare. •Railroad regulation Support amendment of the Inter- state Commerce Commission Termi- nation Act, which is pending reautho- rization, to clarify that the law does not preempt local government author- ity to protect the safety and environ- ment of its citizens. •Retail electric utility restructuring Oppose federal legislation requiring states to implement retail competition. Additionally. oppose federal restruc- turing that restricts municipal author- ity to regulate the use of rights -of -way and to franchise and tax utilities and services, interferes with services pro- vided by municipally owned utilities, fails to protect interests of all con- sumer classes or sacrifices environ- mental and social objectives protected under existing regulatory policies. •Utility service areas Oppose efforts by REA interests to preempt state laws and prevent munic- ipalities from extending utility ser- vices to newly annexed areas. Other issues •CDBG and housing Urge Congress and the administra- tion to agree on and pass full fiscal year appropriations for housing and community and economic develop- ment programs and to reauthorize the CDBG and HOME programs as sepa- rate and distinct block grants. Oppose legislation allowing HUD to withhold CDBG funds due to problems experi- enced by a public housing authority. •Crime and violence Urge Congress and the Administra- tion to retain the public safety block grant program to provide direct and flexible public safety block grants to cities and towns with maximum flexi- bility in the use of the funds and with no mandated local match. •Davis -Bacon Act Support repeal of the Davis -Bacon Act to eliminate wasteful red tape and enable state and local governments to stretch tax dollars for public works projects. •Employment mandates Oppose legislation that would man- date police officer bills of rights or collective bargaining requirements for local government public safety em- ployees, thus interfering with the man- agement and budget prerogatives of local governments. •Fair Labor Standards Act Support repeal or revision of the application of the Fair Labor Stan- dards Act to local governments be- cause of the act's costly and burden- some impacts on local government operations. •Federal mandates Applaud passage of the Unfunded Mandate Reform Act of 1995. and urge Congress to (1) extend the UMRA to entitlement programs such as MEDICAID. (2) avoid passage of any new unfunded mandates and (3) reduce existing burdensome mandates. •Public safety spectrum Urge the President and Congress to ensure that adequate public airwaves, or spectrum. are set aside for police. fire and emergency response services. Urge rejection of proposals to auction additional spectrum capacity until cur- rent and future public safety needs are addressed. Urge the President and Congress to set aside 90 megahertz of spectrum by 2006 expressly for public safety communications. •Superfund Support reform of the Superfund law to enhance its effectiveness and provide liability relief for local gov- ernments which are generators and transporters of municipal solid waste and owners or operators of hazardous waste sites. •Tax reform Oppose tax reform proposals that would result in a federal deficit, in- crease the cost of municipal capital in- vestments, interfere with traditional state and local tax systems. or preempt the deductibility of state and local taxes. February 26, 1999 CML Newsletter 3