nclm winter 2012 update
DESCRIPTION
Presentation, NC League of Municipalities, Winter 2012 Municipal Legislative Update, presented at Winter 2012 NCLGBA Conference, 12/7/12TRANSCRIPT
Municipal Update
Karl KnappDirector of Research and Policy Analysis
Municipal Update
2012 Session Recap
2012 Election
League Activities and Upcoming Issues
Local Revenue Status
FY 12-13 Municipal Budget Actions
2012 Session Recap
2012 Session Recap
Annexation and Municipal Authority
State Budget
Contingency Fee Contract Limitation
Fracking
Jordan Lake Rules
Municipal Power Revenue
2012 Election
Governor-Elect McCrory
“We need a mayor’s attitude in the Governor’s office right now … I promise to work with you … I guarantee it, if I’m going to be successful as Governor, it’s going to be because of a team effort working with you, Republicans, Democrats, small towns, mid-sized towns, and large cities alike.”
2013-14 General Assembly
House Senate0%
20%
40%
60%
80%
100%
DemRep
Senate Member Experience
Current 20130%
20%
40%
60%
80%
100%
More than 1 Term 1 Term New
House Member Experience
Current 20130%
20%
40%
60%
80%
100%
More than 1 Term 1 Term New
Current Issues and League Activities
State Budget Retirement System Underground Utilities Transportation Forum League Goals
State Revenues On Target The “Fiscal Cliff” Looms
Through October, the State has a 0.4 percent budget surplus of $26 million, based on a $6.6 billion target.
Of the major taxes, sales taxes are the weakest with baseline growth at 1.5%.
The looming federal budget showdown could lead to cuts in federal spending on Medicaid and education.
Funds for programs that support cities and towns, such as CDBG, HOME, DOJ Grants, and the Clean Water Revolving Loan Fund, also could be reduced.
Tax exemption for municipal bond interest has not yet been on the table.
Local Government Retirement System (LGERS) Contribution Rate
09-10 10-11 11-12 12-13 13-14 Est (2011) 13-14 Est (Current)0.0%
2.0%
4.0%
6.0%
8.0%
4.80%
6.35%
6.88% 6.74%
7.17% 7.07%
Changes Coming to Retirement System Accounting
Impending changes in GASB requirements for pension accounting will reduce the funded ratio of LGERS from almost 99.8% to 90.0% based on projections by the state actuary. The changes will take effect for FY 2013-14
Each local government will be required to show their portion of the unfunded liability on their books in FY 2014-15.
This change may bolster those who claim that the system is a ticking time bomb and spur further calls for changes to the retirement system.
Underground Utilities
An legislative working group is developing legislation to modernize NC's 811 (Call Before You Dig") laws.
The group will recommend that all cities be required to participate in the 811 system, with associated dues.
The League prevented a requirement that all sewer lines must be mapped.
Environmental Issues
Mining and Energy Commission has begun meeting and is still debating how much stakeholder involvement it will seek.
The Environmental Management Commission has assumed oversight of DENR’s process for deciding which bodies of water are impaired, which should help limit local costs.
A comprehensive water study next year could address water supply, use of reclaimed water, and ecological flows.
L&S v. Piedmont Triad Regional Water Authority could affect cost of establishing new reservoirs.
Transportation
A combination of slowing gas tax revenues, higher construction costs, and a growing backlog of maintenance needs has NCDOT looking for ways to stretch State dollars for transportation.
Legislators have indicated that changes in responsibility for road construction and maintenance may be part of the solution.
To that end, over 100 municipal officials representing more than 50 cities and towns met in November to consider the future role of cities in the funding of roads.
Municipal Responsibility For North Carolina’s Roads Is Growing
2010 Highway and Road Mileage Report, NCDOT; Powell Bill Allocations 2000-2010, NCDOT
Municipal State0
1,000
2,000
3,000
4,000
18.2%
1.4%
NC Road Mile Growth 2000-2010
State Support For Municipal Roads Is Not Keeping Pace With Inflation
Powell Bill Allocations 2000-2010, NCDOT; Bureau of Labor Statistics
0 1 2 3 4 5 6 7 8 9 10 11 12$0
$400
$800
$1,200
$1,600
$2,000
Powell Bill Allocation Per Street Mile
Actual Inflation-Adjusted (PPI)
Municipalities Are Spending More Local Money To Keep Pace
Annual Financial Information Reports, NC Treasurer
01 02 03 04 05 06 07 08 09 10 11$0
$50,000,000
$100,000,000
$150,000,000
$200,000,000
$250,000,000
$300,000,000
$350,000,000
$400,000,000
$450,000,000
$500,000,000
Powell Bill Municipal Revenues
Options For New Sources Of Local Transportation Financing
Local Option Transportation Taxes
Local-Option Sales Taxes for Transportation Local Option Fuel Taxes Local Option Sales Taxes on Fuel Property, income, and payroll taxes earmarked for
transportation.
Vehicle Miles Traveled (VMT)
High Occupancy/Toll Lane Projects
Transportation Utility Fees (TUFs)
Borrowing – State Infrastructure Banks
League Goals Process
March – May Legislative Action Committees (LACs) and the Regulatory Action
Committee (RAC) met to identify impediments to municipal success, receive information about possible legislative solutions, and identify goals to implement those solutions.
June – August The League solicited member input about possible advocacy
goals.
September – October The LACs met to consider the proposals submitted by members
and those identified during the spring. The LACs proposed a total of 74 proposed legislative goals for consideration by the Board of Directors and the RAC proposed 14 regulatory goals.
League Goals Process
November The Board of Directors reduced the LAC list to 5o advocacy
goals and 7 regulatory goals for submission to the membership for consideration.
December –January League members review the proposed goals and city councils
may adopt resolutions to submit additional goals for consideration.
January 20 Executive Committee and LAC chairs review additional goals
and may approve some or all for consideration at the Advocacy Goals Conference.
January 24 Advocacy Goals Conference to debate and adopt 25 legislative
and 5 regulatory goals.
A full list of the proposed goals can be found with the Goals Conference materials on the League website at:
www.nclm.org/legislative-advocacy
Proposed League Goals - Transportation
Support legislation to reform the state and local transportation funding system by providing flexible local revenue options and additional authority for municipalities.
Seek legislation to increase the existing municipal vehicle fee for public transportation from $5 to a maximum of $20, and allow it to also be used for pedestrian and bicycle projects.
Proposed League Goals – Tax Reform
Seek legislation to modernize the local tax system by: 1) Giving municipalities the authority to levy a sales tax that
applies within their corporate limits and is solely a municipal revenue;
2) Expanding the sales tax base to include more services, provided that any accompanying change in the local sales tax rate includes a perpetual hold harmless provision for individual cities and towns;
3) Reducing the complexity and inequity of the privilege license tax while maintaining the tax as a locally controlled source of revenue that supports services to businesses and consumers;
4) Allowing all municipalities to adopt occupancy taxes that are available to fund municipal service and infrastructure costs in order to support travel and tourism;
5) Providing all municipalities with additional local option tax revenue sources;
6) Requiring a one-year delay in implementation when a county changes its method of distributing sales tax revenue.
Proposed League Goals – Other Revenues
Seek legislation to allow all municipalities to adopt impact fees to pay for growth-related infrastructure and services.
Seek legislation to tighten the property tax exemption for non-profit hospitals and link it to provision of well-defined community benefits.
Support legislation to ensure that assessed property values more accurately reflect market values between property revaluations.
Seek legislation to authorize municipalities to direct the Division of Motor Vehicles to block the registration of motor vehicles to which an unpaid municipal parking citation is attached.
Proposed League Goals – Hold Harmless
Seek the temporary extension of the transitional hold harmless payments to cities and towns for a period of time that will allow the local option sales tax revenue to grow to the point where the loss of the promised payment can be absorbed by the local government.
Proposed League Goals – Internet Sweepstakes
Support legislation, if internet sweepstakes operations are legalized, that would expressly protect the land use decision-making and tax-levying authority of municipalities over said operations.
Proposed League Goals – Retirement
Support legislation which defends the fiscal integrity of the Local Government Employees' Retirement System and its defined benefit structure, promotes reasonable pension reforms that are prospective in nature, and meets the needs of local employees, employers, and retirees.
Local Sales Tax Status
Article 39 DistributionPercent Change Year over Year
2008 2009 2010 2011 2012-40.0%
-30.0%
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
Change from same month the year before Last six months over year before
NC 12-Month Taxable Sales Difference from FY 07-08 Level
6-088-08
10-0812-08
2-094-09
6-098-09
10-0912-09
2-104-10
6-108-10
10-1012-10
2-114-11
6-118-11
10-1112-11
2-124-12
6-128-12
-$10,000,000,000.0
-$8,000,000,000.0
-$6,000,000,000.0
-$4,000,000,000.0
-$2,000,000,000.0
$0.0
$2,000,000,000.0
Construction-Related Other (excluding food for home)
NC Single Family Housing Starts and Prices
January 2000 = 100
89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 120
20
40
60
80
100
120
140
160
Prices Single Family Starts
NC Leading IndexPhiladelphia Federal Reserve Bank
0 1 2 3 4 5 6 7 8 9 10 11 12-6.00
-5.00
-4.00
-3.00
-2.00
-1.00
0.00
1.00
2.00
3.00
4.00
2012-13 Municipal Budget Actions
More Municipalities Seeing Improved Revenue Outlook
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-130%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Projected revenues better able to support your spending requirements than previous yearTax Rate Increase
Municipal Budget Balancing Strategies 2011-12 and 2012-13
Reduced Proposed Spending/Programs
Reduced the growth rate of General Fund spending
No Pay Raises for Employees
Cut spending in specific programs/departments below previous FY budget
Reduced actual capital spending below previous FY levels
Increased existing fees and charges for services
Appropriated more fund balance than in previous FY
Imposed a hiring freeze for part or all of current FY
Implemented new fees and charges for services
Reduced employee benefit levels or increased employee cost-sharing
Reduced the number of municipal employee positions
Contracted out additional services
Reduced Service Levels
Brought back in-house services previously contracted out
Imposed/raised impact or development fees
Shifted/shared services responsibilities with another local government
Raised Tax Rate*
0% 10% 20% 30% 40% 50% 60% 70%
FY 11-12FY 12-13
Programs in which spending was educed below FY 11-12 level
Municipalities Reducing Spending
General Government
Other Public Works
Police
Recreation
Other
Sanitation
Water/Sewer
Fire
0% 10% 20% 30% 40% 50% 60% 70%
n=192
Percentage of Municipalities Reducing Employee Positions
Below FY 11-12 Levels
1-2,499 2,500-9,999 10,000-24,999 25,000-49,999 50,000+0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 11-12FY 12-13
Percentage of Municipalities Offering No Pay Increases
1-2,499 2,500-9,999 10,000-24,999 25,00-49,999 50,000+0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 10-11FY 11-12FY 12-13
Percentage of Municipalities Reducing Capital Spending Below Prior Year Level
1-2,499 2,500-9,999 10,000-24,999 25,000-49,999 50,000+0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 11-12FY 12-13
Questions?