March 7, 2011

Conference of Mayors President Burnsville (MN) Mayor Elizabeth B. Kautz led a bi-partisan delegation of more than thirty mayors in a press conference February 24 to urge Congress to save the Community Development Block Grant (CDBG). The program was cut 62.5 percent by the House of Representatives.

"We are non-partisan and we are here because we are all disappointed that the Community Development Block Grant program is on the chopping block. The CDBG program was promulgated under the Nixon Administration and comes directly to cities for people who are most in need… We believe Members of Congress have not thought about the impact of these cuts on the members of our community," Kautz stressed in her opening comments.

Conference of Mayors Second Vice President Philadelphia Mayor Michael A. Nutter said, "Only one word describes what the House has done with HR 1 – outrageous. This is outrageous, unacceptable and un-American. It attacks senior citizens, it attacks children, and it attacks working people. It stops jobs and economic development… [The House proposal] takes desperately needed funds from those who need them most… It is clear to us that many Members of Congress have no idea what this program does and how it really affects people."

House CDBG Cut Is Devastating

Newton (ME) Mayor Setti Warren, Chair of the Conference of Mayors Community Development and Housing Committee, urged the mayors to fight for the people in their cities who are most in need. "We are now facing a crisis in our cities and towns and we have to take a stand. At a time when the most vulnerable in our society cannot seem to find a job, when they can’t seem to heat their homes, and with over nine percent unemployment, this [House] resolution that cuts CDBG by 63 percent is devastating. It is irresponsible and cannot stand. We cannot balance the budget on the backs of those who are most vulnerable," he said.

"This is about hypocrisy. It is hypocritical for elected officials in Washington to say they value the economy, cities and jobs, and then make drastic cuts to great programs like CDBG, which we know have great discretionary opportunity to go exactly where it is needed in our communities," said Oklahoma City Mayor Mick Cornett, Chair of the Republican Mayors and Local Officials.

"We understand tough choices – mayors make tough choices every day… But this is also about priorities; and the priorities in Washington need to be about cities, jobs and the economy. If H.R.1 goes through, then [cities, jobs and the economy] are not the priorities of Congress," Cornett said.

Davenport (IA) Mayor Bill Gluba delivered an impassioned speech that drew applause from the attendees. "What other group could know better the needs of our community and everyday citizens…You can tell Members of Congress, both Democrats and Republicans alike, that these cuts [to CDBG] will not stand. We will bring mayors to Washington and take this fight to the halls of Congress to protect this program that has served this country for over thirty years."

Mesa (AZ) Mayor Scott Smith reiterated that support for the CDBG program is a non-partisan issue. "Both Republican and Democratic mayors are united around this issue and committed to this fight. We balance our budgets every day, so we know about difficult decisions… This is really a cost shift from Washington to local governments. If you cut a budget in Washington, there is a real impact on the local level. Cities have been the most responsible level of government in dealing with the fiscal crisis, and we have continued to balance our budgets. We have continued to make tough decisions. This cut [to the CDBG program] will directly affect our citizens and will impact their quality of life." Southfield (MI) Mayor Brenda Lawrence, Chair of the National Conference of Democratic Mayors, underscored the unity of Democratic and Republican mayors. "We can walk the halls of Congress together on this issue, because CDBG is about the people of this great country. All of us can take you to our cities and put your hands right on the results of this program. Pot holes don’t have a D or a R on them and we stand united," she said.

During the question and answer session, the mayors also discussed the drastic cuts proposed in the House that include other Conference of Mayors priorities such as energy efficiency and conservation block grants and workforce training grants.

CDBG Strategy Discussion

Meaghan McCarthy, staff to the Senate Appropriations Subcommittee on Transportation and Housing and Urban Development, chaired by Senator Patty Murray (WA), briefed the mayors on what the Senate might do on its FY 2011 appropriations. She said that beyond a short-term Continuing Resolution, each house of Congress appears to be dug in on its own position. In discussing the House-passed Continuing Resolution (HR 1), she said it is important to see where there were no cuts, such as Section 8 Housing Choice Vouchers and HUD Homeless programs. As for getting Senate support for CDBG, McCarthy said that it is critical to tell the story of the program from the point of view of the people it serves. Conference of Mayors CEO and Executive Director Tom Cochran invited National League of Cities (NLC) Executive Director Don Borut and National Association of Counties (NACo) Executive Director Larry Naake to discuss how the three organizations are united in fighting the CDBG cut. The city and county organizations will be in Washington (DC) over the next several weeks for their legislative conferences with thousands of elected officials who will blanket Congress in the fight to save CDBG. And the three groups will unite for a press event/rally on Capitol Hill on the morning of March 16, the last day of the NLC meeting.

LaHood Addresses Transportation Investments

U.S. Department of Transportation Secretary Ray LaHood briefed mayors on the Department’s FY 2012 Budget and pending reauthorization of the federal surface transportation law at the February 24 dinner session. "President Obama’s $129 billion budget for the Department of Transportation, the first year of a comprehensive six-year transportation plan, will lay a new foundation for economic growth and competitiveness by rebuilding the nation’s transportation system," he said.

LaHood discussed the Administration’s $53 billion proposal to build a national high'speed intercity passenger rail network, $119 billion (127 percent increase) request for public transit, and the importance of establishing a National Infrastructure Bank to finance transportation projects of national or regional significance.

The mayors applauded the Administration’s commitment to a metro-focused, energy-efficient, and environmentally sustainable transportation reauthorization as proposed in the FY 2012 Budget. Questions from the mayors covered areas such as financing the transportation bill, specific policies to enable cities and metropolitan areas to receive a greater share of federal funds directly, and the expected timeframe to clear a reauthorization bill in Congress. LaHood was joined by Transportation Under Secretary for Policy Roy Kienitz and Deputy Assistant Secretary for Intergovernmental Affairs Joanna Liberman Turner.

Attorney General Holder

U.S. Attorney General Eric Holder discussed a range of issues relating to the work of the Justice Department during the February 25 breakfast, including the need to reduce gun violence; improve information sharing between federal, state, and local authorities; and reduce youth involvement in gangs and violence and provide them constructive opportunities to work and learn. He also emphasized the Administration’s steadfast support for maintaining funding for the Byrne Justice Assistance Grant program and enhancing the COPS program. Questions from the mayors covered areas such as the Administration’s support for pending gun legislation, concerns about state preemption of local gun laws, the importance of providing young people with jobs and other productive opportunities, the need to improve public safety communications, support for the Administration’s decision earlier that week to stop prosecuting cases under the Defense of Marriage Act, and additional flexibility relating to combined and sanitary sewer overflow (CSO/SSO) consent decrees.

Gun Safety

Brady Campaign to Prevent Gun Violence President Paul Helmke, the former mayor of Fort Wayne (IN) and Conference of Mayors Past President, discussed opportunities for gun safety legislation in the wake of the Tucson shooting. Helmke described three areas that need attention: strengthening the background checks system, prohibiting guns and ammunition that should not be readily available, and strengthening law enforcement, specifically the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Helmke also discussed pending legislation, introduced in both the House and Senate (H.R. 308/S. 32), to ban high-capacity magazines, thanking mayors for demonstrating their support for the issue through a resolution adopted at the Winter Meeting.

Combined, Sanitary Sewer Overflow

Schenectady (NY) Mayor Brian Stratton, Co-Chair of the Mayors Water Council, briefed the mayors on the latest developments on the issue CSO/SSO compliance and negotiations among the Conference of Mayors and the Environmental Protection Agency (EPA) and Department of Justice (DOJ).

More than 800 cities have overflow problems with solutions that range in cost from hundreds of millions of dollars for small cities to several billions of dollars for large cities.

The CSO Control Policy was intended to guarantee that EPA would be flexible in how they enforce the goals. However, the Mayors Water Council found that, in practice, the Regional EPA offices do not recognize or adhere to such flexibility and instead are forcing cities to sign enforcement agreements that have little to do with environmental benefits, and are almost always overly costly.

A policy options paper was sent to EPA and DOJ last October to reform this practice and have the Regional offices include the flexibility the EPA promised. And while the response back according to Stratton was cordial and partially responsive, it was not sufficient to change what is happening out in the Regions.

A follow-up meeting with EPA will be held this month to have a technical discussion over the remaining issues, with the ultimate goal of having the EPA and the DOJ issue a joint memorandum to all of their regional offices pertaining to cities- request for flexibility on cost, compliance schedules and use of green infrastructure in their control plans. The regional offices woiuld accept these requests, as long as the plans achieve compliance with the enforceable standards and goals.

New EPA Unfunded Mandates

Fresno Mayor Ashley Swearengin, Chair of the Conference of Mayors Environment Committee, briefed the mayors on seveal new and costly unfunded mandates that are being developed at EPA. She also outlined some restrictions that were placed on EPA by the House of Representatives in their Continuing Resolution (H.R. 1), but which have not yet been agreed to in the Senate.

Some of the unfunded mandates include the following:

• Stormwater Regulations: Although stormwater overflow is responsible for the impairment of an average of less than ten percent of rivers, lakes, and estuaries, EPA is exploring new approaches to stormwater management that may focus more on reducing the overall volume of water that goes into stormwater pipes by having communities manage rainwater where it lands. This could also mean regulatory expansion of the Municipal Separate Storm Sewer System (MS4s). EPA is seeking preliminary input and will be proposing new regulations in September of this year, with a final proposal set for November of 2012. Cost estimates have yet to be done.
• Brownfields Redevelopment/Dioxin: EPA has sent to the Office of Management and Budget (OMB) its Draft Remediation Goals for dioxin in soils that will impact brownfield redevelopment. The guidance was supposed to be out by now, but OMB informed Conference of Mayors staff that it has been delayed.
• Clean Air – Boiler MACT: EPA is currently deliberating on a new set of standards for new and existing boilers used to heat buildings. EPA estimated the local government cost would be $2.5 billion, with an annual cost of $1 billion. The cost for the private sector could be as high as $50 billion.
• Clean Air – Utility MACT: In March, EPA will be proposing new clean air rules for utilities that utilize coal or oil.
• Coal Ash: EPA is still deliberating the disposal options for coal ash, a byproduct of burning coal. The options are Subtitle C (hazardous or special waste) with an estimated cost of $8-20 billion or Subtitle D with an estimated cost of $1 billion. The House Continuing Resolution includes an amendment that would prohibit EPA from using funds to develop or enforce any regulation that identifies fossil fuel combustion waste as hazardous.
• Waters of the U.S: EPA and the Army Corps of Engineers sent over guidance to OMB on the definition of "Waters of the U.S." without consultation with local or state governments. This issue has been in flux since the Supreme Court issued two decisions that caused uncertainty as to what types of water bodies were covered by federal law and regulations. After the state and local groups met with OMB, they agreed that these groups should have been and still should be consulted. In the Continuing Resolution, the House prohibited EPA from defining waters of the U.S.