Bucks County Association of Township Officials

Public Policy

Federal and State Laws Continue to Present New Challenges For Local Government Officials

Whether it is the United States Environmental Protection Agency, under the Authority of the Federal Clean Streams Law, attempting to extend its authority through the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) regulations, or The United States Congress further involving itself in the business of the Commonwealth and its political subdivisions in labor relations matters, by considering the passage of The Public Safety Employer-Employee Cooperation Act of 2009 (S.3194), Township Officials must continue to find new ways to manage and pay for mandates by Federal and State Government.

The Pennsylvania General Assembly passed House Bill 1231, sometimes referred to as the firefighter cancer presumption bill, which amends "the act of June 2, 1915 (P.L.736, No.338), entitled, as reenacted and amended, "defining the liability of an employer to pay damages for injuries received by an employee in the course of employment; establishing an elective schedule of compensation; providing procedure for the determination of liability and compensation there under; and prescribing penalties," further defining 'occupational disease'; and providing for cancer in the occupation of firefighter." This bill was vetoed by the Governor, but, had broad legislative support and may be reconsidered in the next Legislative session.

The Senate of Pennsylvania Appropriations Committee Fiscal Note addressing fiscal impact of this Bill stated " No fiscal impact to the Commonwealth will result from the provisions in the bill. However, local government entities, trusts, municipalities, and those volunteer fire companies which are self-insured, may experience additional costs due to increased payments for benefits and the resultant potential increase in the entity's workers' compensation premiums". This is clearly an issue that may bring additional cost to municipalities, its taxpayers, and other entities.

The purpose of pointing out these issues is not to cast judgment on whether or not these actions by Federal and State Legislators and Regulators are wise or have merit. The purpose is to heighten the awareness of the increasing need for Local Government Elected and Appointed Officials to clearly and effectively communicate with their Federal and State Government Legislators, and regulatory decision-makers, to satisfactorily address how local government is to pay for a benefit Federal or State Government wants to provide.

Please take time to look at these, and the many important issues sure to come in 2011, and communicate with your Bucks County Legislators in the PA General Assembly.

Sincerely,

Richard J. Manfredi,
Executive Director

Public Policy

The resulting actions and many decisions, processes, and actions that governmental entities and their created authorities, boards, commissions and committees take, affect each one of us and the people. The BCATO Public Policy page will address some of those many issues of interest and concern.

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