NATIONAL ASSOCIATION OF COUNTIES n WASHINGTON, D.C. VOL. 43, NO. 1 n January 17, 2011 New award Feds will pay highlights Stormwater Nat’l County fees under Government new law Month By Julie ufner ASSOCIATE LEGISLATIVE DIRECTOR By Jim philipps MEDIA RELATIONS MANAGER President Barack Obama signed into law a bill Jan. 4 requiring the With a new year comes a federal government to finally pay renewed opportunity for county its fair share of local stormwater officials to inform the communi- management service. ties they serve about the essential Prior to this decision, in 15 states programs and services their coun- and in the District of Columbia, ties provide. The best method to some federal installations such as accomplish this task is through post offices, other federal buildings and military bases refused to pay See NCGM page 6 local stormwater fees, even though the stormwater program is a federal QuickTakes Photo by Associated Press mandate. Members of the White House staff, and President Obama and Mrs. Obama observe a minute of silence The federal government claimed 5 Counties Jan. 10 for the victims of the Jan. 8 shootings in Arizona. “sovereign immunity,” calling the with the Highest charges a tax, rather than a fee, and Agricultural Sales thus, unconstitutional. This trans- lated to millions of dollars of unpaid Value of Sales * Arizona county officials federal government stormwater bills Fresno County, Calif. 3.73 for many local governments. Tulare County, Calif. 3.33 Gwinnett and DeKalb Counties Kern County, Calif. 3.20 jolted by Tucson shootings in Georgia, for example, are owed Merced County, Calif. 2.33 Monterey County, Calif. 2.18 By Charles Taylor, Charlie Ban and who later said he was angry at best you can.” Larry Naman, a See STORMWATER page 6 * in millions of $ ChrisTopher Johnson her support for a baseball stadium homeless man, was convicted of Source: 2010 County and City Extra – Annual Metro, STAFF WRITERS tax. As the first Hispanic woman attempted first-degree murder City and County Data Book elected to the board, Wilcox says in 1998 for wounding Wilcox. INSIDE >> The shootings that wounded she had been the target of talk- Stapley is “still shocked by the Rep. Gabrielle Giffords and radio tirades. magnitude of what happened” CountyNews killed an Arizona federal judge “I knew that the hate had been in Tucson, several days after have ignited debate about cause caused by a lot of the negative the shootings. “To have killed Features and effect. Did a toxic environ- rhetoric that had gone on,” she a sitting federal judge, without Model Programs ment of over-heated political said. “At the trial, the man said, ‘I being targeted, is just sobering.” rhetoric push a disturbed young shot her because the radio said to U.S. District Judge John M. Roll News From the Nation’s man to pull the trigger? Or was take her out.’” She sees the same among those killed. Counties his alleged mental instability forces at work today. “As county officials we’re al- alone enough to force his hand? After Wilcox’s shooting, Mari- ways with people, and there’s no Profiles in Service Arizona elected officials, copa County beefed up security way to isolate yourself without including at the county level, and there has not been another hurting your ability to represent NACo on the Move vary in their opinions. But all incident, according to Don Sta- your constituents,” Stapley The 97th Annual Rose Bowl prompted a friendly wager agree that — cause or not — the pley, a Maricopa supervisor and said. “Losing dedicated public between counties » Page 7 Research News rhetoric needs to be toned down. NACo past president, but he servants and innocent citizens For one of them, there can be hasn’t forgotten the trauma of that has left all of Arizona’s public Libraries start a new chapter in The H.R. Doctor Is in no doubt. Maricopa County incident, nor has Wilcox. officials heavy-hearted.” lending with e-readers » Page 4 What’s in a Seal? Supervisor Mary Rose Wilcox “It makes you more cautious,” Stapley spoke to County News Organ donation efforts become has “been there.” she said. “I still get nervous when after attending the opening of personal for Cook County In Case You Missed It In 1997, while leaving a people are behind me and I can’t the state’s legislative session, commissioner » Page 5 County Board meeting, Wilcox see them, but you have to move NACo project to address traffic Financial Services News was shot from behind by a man on and work for the people as See TUCSON page 8 congestion, safety » Page 7 2 January 17, 2011 CountyNews • EPA plans release of new stormwater rule In September 2011, the En- coverage to urbanized clusters, identifying specifically where governments, EPA has asked for PolicyLearn About Policies vironmental Protection Agency Metropolitan Statistical Areas and stormwater plays a large part in written input on the proposal and CommitteesIssue Areas (EPA) plans to release a new Metropolitian Planning Areas; degradation and impairment of prior to Jan. 22. EnvironmentFeatured Envi- stormwater rule that will poten- regulating based on population water quality; setting goals and To read the original Federal ronment, Energy and Land Use tially impact all Phase I, Phase II, or impervious cover threshold or milestones to reduce stormwater Register Notice, which contains Documents, or download the transportation and non-regulated watershed boundaries; regulating pollution; pinpointing priority detailed information on the pro- presentation at: www.naco.org/ Municipal Separate Storm Sewer all MS4s but allowing states to projects that meet long-term goals posal, visit www.epa.gov/npdes/ stormwaterproposal. Systems (MS4). The proposed exempt areas or require states to such as redevelopment retrofits or regulations/fedreg_swmanagement. Please send comments to: rule, which has not yet been pub- designate additional MS4s. routine repair and maintenance; pdf. Connie Bosma, USEPA Head- lished in the Federal Register, will The EPA may also require and creating inducements for The agency’s stormwater quarters, Ariel Rios Building, become final by November 2012. MS4s to develop and implement a retrofits on private property. rule proposals are also avail- 1200 Pennsylvania Ave. NW, According to EPA, the new stormwater retrofit plan to include: As part of a formal consulta- able on NACo’s website. Go to: Mail Code 4203M, Washington, rule would address the effect that a list of all “sensitive” waters; tion process with state and local www.naco.orgLegislation and DC 20460. rapid land-use development has on water quality. However, the agency recognizes the potential rule may also intrude into local land use authorities. Subsequent- New year, new norm for federal spending ly, it is requesting information from counties on the best way to By mike Belarmino as an effective and low-cost means provision’s impact could be wide- spending cuts alone as opposed to implement the rule. ASSOCIATE LEGISLATIVE DIRECTOR to finance projects, this suggested spread as funding in areas such offsetting new tax cuts or manda- Specifically, it wants to know change could diminish counties’ as education, housing and law tory spending increases with tax what proposals are valid and The start of the 112th Congress ability to invest in productive assets enforcement, among others, would increases or mandatory spending workable for local government. signaled the beginning of a new like roads, bridges, and water and see reductions in attempts to meet cuts under PAYGO. Some of the questions include: attitude in Washington towards sewer systems. the spending limits. As a result, With belts already tightened, should EPA expand the area federal spending, an attitude that Another example would be the counties would have to continue as the work in the 112th Congress subject to federal stormwater was foreshadowed during discus- elimination of all congressional enduring the current challenge of picks up, counties may soon find regulations into currently non- sions in the months leading up to earmarks. This provision, how- doing more with less since state and themselves running out of belt regulated areas; should EPA last year’s midterm elections. ever, has been suggested before local economies are still struggling holes on their belts as everyone establish specific requirements Fiscal responsibility became and urged by others outside of the to recover. adjusts to the new norm in federal to control stormwater discharges buzzwords even before the ap- commission. Although some in It is still too early to know with spending. from new development and pointment of the president’s Washington feel that the outright certainty which provisions of the redevelopment; and should it National Commission on Fiscal ban is long overdue, others feel commission’s plan will see new life establish different requirements Responsibility and Reform last reforming the process would be in this Congress. Early indications for transportation facilities, set year. The widely accepted fact, more appropriate. Their argument show that the focus in the new Re- retrofit requirements on MS4s, with little disagreement from is that some earmarks support publican House majority will start President | Glen Whitley and add additional provisions either side of the aisle, has been worthy projects that otherwise with spending. Just this month, Publisher | Larry Naake Public Affairs Director | Tom Goodman specific to the Chesapeake Bay. that the nation’s fiscal house must might not see the light of day in the House adopted its new rules Executive Editor | Beverly Anne Schlotterbeck be put in order. Just how to do local communities without federal package that changes budget en- Senior Staff Writer | Charles Taylor The Proposal that, however, is where the debate funding. forcement mechanisms. One such Staff Writer | Charlie Ban Graphic Artist | Jack Hernandez EPA is considering perfor- usually stalled.