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The Policy Tracker: January 2016

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The Public Policy Project on Ballotpedia produces a weekly Policy Tracker to report on major national and state policy news, covering budgets, civil liberties, education, elections, energy and the environment, healthcare, and pensions. This page contains national and state policy stories from January 2016.

January 25, 2016

CBO finds federal healthcare spending a major driver of deficit increase in 2016

Click to learn more about the effect of the Affordable Care Act in the United States.

In a report released on January 19, 2016, the Congressional Budget Office (CBO) predicted that the federal deficit would grow by $105 billion in 2016, reaching $544 billion. According to the agency, part of the increase is due to the fact that the start of fiscal year 2017 will fall on a weekend, so some payments that would have been made next year "will instead be made in fiscal year 2016." The agency attributed the rest of the increase to a continued reduction in corporate and individual income taxes and a $168 billion increase in mandatory spending, of which healthcare spending accounted for about 62 percent. Federal spending on Medicare, Medicaid, and subsidies for health plans purchased on the exchanges established by the Affordable Care Act will rise by 11 percent, or $104 billion, in 2016.[1][2][3]

Between 2016 and 2025, the cumulative deficit will amount to about $8.6 trillion, $1.5 trillion higher than the CBO predicted in August 2015. This new estimate stems from the CBO's revisions to expected revenues and outlays and to its economic forecast. The agency also "boosted its projections of federal outlays for Medicaid to reflect higher-than-expected spending and enrollment for newly eligible beneficiaries under the Affordable Care Act." While federal revenues will remain relatively steady as a proportion of gross domestic product (GDP), spending will increase from 21.2 percent of GDP in 2016 to 23.1 percent in 2026. This increase will be largely due to an aging population and the resulting spending for Medicare and Social Security, according to the report. The CBO also predicts a significant increase in interest spending as federal debt held by the public rises.[1][2][3]

For its economic forecast, the CBO predicted a 2.7 percent increase in GDP in 2016 and a 2.5 percent increase in 2017. Such growth, however, is expected to slow to an average annual rate of 2 percent in 2018, 2019 and 2020. The agency also found that under current law, the effects of (1) the Affordable Care Act and (2) inflation that pushes income into higher tax brackets "are projected to dampen the supply of labor and therefore the growth of output through 2020."[1]

Michigan governor releases emails related to the Flint water crisis

Click to learn more about environmental policy in Michigan and the Flint water crisis.

On January 20, 2016, after apologizing for drinking water contamination in Flint, Michigan, in his State of the State address, Michigan Governor Rick Snyder (R) released more than 270 pages of emails related to the water crisis. The emails showed that, early on, the governor's office did not consider reports of contaminated water to be serious.[4][5][6][7]

According to one memo, a water expert from the U.S. Environmental Protection Agency (EPA), Miguel Del Toral, notified staff members at the Michigan Department of Environmental Quality in February 2015 about the potential lead contamination in Flint's drinking water. Del Toral suggested to state officials that the state government's water testing may have understated the extent of the lead contamination.[8]

In September 2015, a study from physicians at Hurley Medical Center reported a correlation between the Flint River water and increased lead in children's blood. After this study reached the governor's office, Snyder's then-chief of staff, Dennis Muchmore, referred to the warnings as "political football." In a September 25, 2015, email, Muchmore wrote that state officials at the Michigan Departments of Environmental Quality and Health and Human Services felt that "some in Flint are taking the very sensitive issue of children’s exposure to lead and trying to turn it into a political football claiming the departments are underestimating the impacts on the populations and particularly trying to shift responsibility to the state." The state Department of Health and Human Services suggested that the doctors' data was flawed before the state accepted the physicians' findings a week later.[5][7]

On January 20, 2016, the Michigan House of Representatives approved Snyder's request for $28 million more in short-term funding to pay for more bottled water, water filters, testing and monitoring, new plumbing fixtures in schools, and the city's unpaid water bills. Michigan Attorney General Bill Schuette (R) said on January 15, 2016, that his office was investigating to find out if any laws were broken in the state's handling of the water crisis. The United States Department of Justice is also investigating.[7][9][10]

Pa. budget impasse could meet new setbacks with primary season

Click to learn more about Pennsylvania state budget and finances.

In Pennsylvania, budget talks for fiscal year 2016 could see new setbacks as state legislators gear up for the state's primary election. Pennsylvania has 203 members in the state House and 25 members of the state Senate facing re-election in 2016. One of the major issues that has caused the state's budget impasse is the mostly partisan debate over higher taxes versus reduced state spending for public institutions such as education.[11]

The pressure to pass a budget was partly alleviated in December 2015, when Pennsylvania Governor Tom Wolf (D) passed an 11-month stopgap budget to aid public schools that were suffering from the lack of an official budget. The stopgap came after Wolf vetoed most of a Republican-authored budget on December 29, 2015.[12][13]

As more days pass without a budget, Pennsylvania moves closer to several important dates on its calendar. January 26, 2016 marks the official opening of campaign season for Pennsylvania's legislature, when candidates may officially begin circulating nomination petitions. The primary election, which functions as the final election for some state legislative districts, will take place on April 26, 2016. On February 9, 2016, Gov. Wolf will deliver his proposal for the state's 2017 budget. Without an official budget for the current year, it is likely that his 2017 budget will be a two-year plan to cover the rest of the 2016 fiscal year. In addition to the campaign season, there is skepticism that any meaningful budget discussion will take place before Wolf's February proposal. Some doubt if a budget will be passed before the April primary election, though Wolf disagreed. He has said that it would make better sense politically for re-election candidates to have a completed budget—rather than stopgap measures—to show voters.[11][14]

January 19, 2016

Flint, Michigan, drinking water situation triggers emergency declaration

Click to learn more about environmental policy in Michigan and Ballotpedia's coverage of water contamination in Flint, Michigan.

In January 2016, a drinking water crisis in the city of Flint, Michigan, led Michigan Gov. Rick Snyder (R) to request a federal declaration of emergency. The city switched water supplies in 2014, leading to contaminated drinking water for the city's nearly 100,000 residents after the city began drawing water from the Flint River. President Barack Obama (D) signed an emergency declaration on January 16, 2016, directing the Federal Emergency Management Agency (FEMA) to begin relief efforts in Flint, offering "water, filters, cartridges and other items for 90 days." The White House denied Snyder's request to declare the city a disaster area. According to FEMA, a "disaster declaration" is used only after natural events such as floods, tornadoes and earthquakes.[15][16][17]

Before it switched water supplies in 2014, Flint had received its drinking water from the Detroit water system. In April 2014, the city switched from the Detroit system to the Flint River until a pipeline joining Lake Huron and the city of Flint could be completed. The switch to the Flint River was led by an emergency manager appointed by Gov. Snyder and was expected to save the city money in the interim. After the switch, Flint residents complained of the new water's taste and smell, and some residents reported adverse health effects, including lead poisoning. According to CBS News, there have been 87 cases of "pneumonia-like illness since the water switch." According to researchers from Virginia Tech, the water was "highly corrosive," causing lead from the old pipes to dissolve into the water system. In October 2015, Flint switched back to the Detroit water system after county officials declared a public health emergency on October 1, 2015.[15][16][17][18]

On January 15, 2016, Michigan Attorney General Bill Schuette (R) announced a state investigation into whether the county or state governments broke any laws when the city made the switch to the Flint River. "I look forward to working with federal, state and local officials, community leaders and Flint residents as we seek answers regarding state law and hope through the process we can help restore some of the trust in our government while helping families move forward," Schuette said in a statement. The United States attorney for the Eastern District of Michigan will also investigate the water situation alongside the U.S. Environmental Protection Agency (EPA).[19][20]

Missouri House committee approves voter ID bills

Click to learn more about voter ID laws.

On January 12, 2016, the Missouri House Committee on Elections approved two bills "aimed at requiring government-issued photo identification to vote." In 2006, the state supreme court found that an existing photo ID requirement violated the state constitution. The first of the two bills, HJR 53, asks voters to amend the state constitution to permit the enactment of a photo ID requirement; the second measure, HB 1631, would provide the legal basis for that requirement should a constitutional amendment be approved. Under current Missouri law, a voter can use non-photo identification at the polls, including bank statements and pay stubs, as well as government-issued photo ID.[21][22][23]

Proponents of the two bills argue that voter ID provisions are necessary in order to hinder electoral fraud and protect the integrity of the voting process. State Representative Tony Dugger (R) said that although he believed voter fraud did exist in Missouri, it was "virtually impossible to prove without a photo ID." Opponents of the measures contend that voter ID requirements effectively disenfranchise some Americans, particularly racial minorities, the elderly and the disabled. Nimrod Chapel, president of the Missouri chapter of the NAACP, said, "You don't have to put color in a bill for it to have a discriminatory intent."[21][22][23]

The bills passed committee on strictly partisan lines, with all eight of the committee's Republicans voting in favor and all three Democrats voting against. The bills must be approved by the House Select Committee on State and Local Governments before going to the House as a whole for a floor vote. The proposed constitutional amendment must be approved by both the Missouri House of Representatives and the Missouri State Senate before going to the voters of the state as a whole for final approval. Similarly, the enacting legislation must also be approved by both chambers before becoming law.[21][22][23]

Fish and Wildlife Service to reclassify West Indian manatee as threatened species

Click to learn more about delisting a species and endangered species policy.

In January 2016, the U.S. Fish and Wildlife Service proposed to reclassify the West Indian manatee from an endangered species to a threatened species due to improving populations and habitats; this reclassification process is known as "downlisting" a species. The manatee was added to the federal list of protected species in 1967 as an endangered species. According to the service, there were around 1,260 manatees in Florida in 1991, when the agency began surveying manatee populations. As of January 2016, there were around 6,300 manatees in Florida, an estimated 500 percent increase since 1991. "The manatee’s recovery is incredibly encouraging and a great testament to the conservation actions of many. ... Today’s proposal is not only about recognizing this progress, but it’s also about recommitting ourselves to ensuring the manatee’s long-term success and recovery,” said Cindy Dohner, the Fish and Wildlife Service’s southeast regional director. Downlisting the manatee will not remove federal protections for the species. Regulated boat speed requirements and habitat protections will remain in effect due to their impact on the recovery of the species, according to the Fish and Wildlife Service. The species will also receive continuing protection under the Marine Mammal Protection Act.[24][25][26]

The Pacific Legal Foundation (PLF), a property rights nonprofit organization, supported the downlisting but criticized how long the agency took to reclassify the manatee. The organization petitioned the Fish and Wildlife Service in 2012 and filed a lawsuit in 2014 on behalf of property owners to compel the agency to downlist the species. "The good news is that the manatee population is increasing and federal officials are finally acknowledging this fact. ... The bad news is that federal officials took so long to accept the good news about the manatee's improvement," said PLF attorney Christina Martin in a statement. Conservation groups like the Center for Biological Diversity opposed the downlisting unless the agency demonstrated "a proven, viable plan for further reducing boat strike mortality and for preserving vital warm water habitat" for the species.[24][25][26][27]

Vermont pension investments in fossil fuels under debate

Click to learn more about public pensions in Vermont.

On January 7, 2016, Vermont Governor Peter Shumlin (D) delivered his State of the State address. In it, he said that the state's major pension funds should sell off investments in fossil fuel companies. Shumlin argued that because the state has recently adopted new policies in renewable energy to reduce carbon emissions, the state should not be supporting coal-fired plants; he argued that the pollution "sickens our children, creates acid rain, dumps mercury on our forests and in our lakes and increases greenhouse gas emissions."[28][29]

However, Vermont Treasurer Beth Pearce (D) has argued against the plan. Pearce argued that the pension funds could lose roughly $10 million a year if those investments are sold off. While she agreed with the governor's climate change concerns, Pearce said that she could not support divestment from those funds because the risk was too great for pension recipients.[28][30]

Despite Pearce's opposition, a divestment bill was written in the state Senate and is being sponsored by state Sen. Anthony Pollina (D). Pollina argued that "it doesn't make any sense for the state of Vermont to say that we're going to fight climate change and then invest in companies that are in fact causing climate change."[28] Pollina also said that fossil fuel stocks have not proved to be good investments for Vermont and that pension funds have lost about $75 million over the past couple of years under the current investment portfolio. The divestment bill would phase out fossil fuel investments over the next five years in order to smooth the transition to different investments.[28]

In his original address, Shumlin cited a similar law in California that would require the California pension systems to liquidate holdings in thermal coal companies by July 1, 2017.[30]

January 11, 2016

House votes to repeal Affordable Care Act, end Planned Parenthood federal funding

Click to learn more about the Affordable Care Act.

On Wednesday, January 6, the U.S. House of Representatives voted in favor of a bill to repeal parts of the Affordable Care Act, also known as "Obamacare," and to end federal funding for Planned Parenthood over the next year. President Barack Obama vetoed the measure on Friday, January 8, stating that the legislation would have caused harm "to the health and financial security of millions of Americans."[31]

The bill was widely expected to be vetoed by the president and was viewed as more of a symbolic move for the Republican Party to show voters "how they would govern if they win back the White House in November." The measure had been passed earlier in the Senate as a reconciliation bill, which bypasses filibuster attempts and needs only 51 votes to pass, rather than the standard 60 votes. The bill would have ended the expansion of Medicaid and federal subsidies for people buying health insurance on the new exchanges. These changes would have taken place in 2018, and Republicans say they would have used the two years in between to implement a replacement of the law.[32]

According to the Congressional Research Service, the House has voted to alter, defund, delay or repeal portions of the Affordable Care Act in some way 56 times before. Sixteen of these measures were ultimately enacted, and four would have repealed the law in its entirety had they been enacted. Last week marked the first time a measure to repeal major portions of the law had passed the Senate. The Congressional Budget Office and the Joint Committee on Taxation estimated that the bill would have reduced the federal deficit by $282 billion between 2016 and 2025. House Speaker Paul Ryan (R-Wis.) has stated he will hold a vote to override the president's veto.[31][33]

House to vote on repeal of EPA water rule

Click to learn more about the Waters of the United States rule.

During the week of January 11, 2016, the U.S. House of Representatives will consider a U.S. Senate bill to block the implementation of the U.S. Environmental Protection Agency's water rule, commonly known as the Waters of the United States rule. The rule expands the EPA's regulatory authority under the Clean Water Act, which mandates that the federal government oversee streams, wetlands, rivers and lakes nationwide to limit water pollution. The House Rules Committee said it would review the water rule under the Congressional Review Act, which allows Congress to overrule federal regulations within 60 days of their promulgation through a joint resolution. In November 2015, the Senate voted 53-44 to prevent the water rule's implementation under the Congressional Review Act. If the Rules Committee and full House pass the bill, it will go to the White House, where President Barack Obama (D) is expected to veto the legislation.[34][35]

At least 18 state attorneys general have challenged the rule in federal court. In October, the United States Court of Appeals for the 6th Circuit temporarily blocked the federal water rule nationwide. The Sixth Circuit went further than a prior federal court decision from August 2015 that temporarily blocked the rule's implementation only in certain states. The court, in a 2-1 decision, said that there would be no "imminent injury" to U.S. waters if the rule was temporarily suspended. It also said that delaying the rule would not bring any immediate, irreparable harm to the 18 states that brought the lawsuit, which the court said justified the rule's temporary suspension.[36]

TransCanada sues Obama administration over Keystone XL pipeline rejection

Click to learn more about the Keystone XL pipeline.

Exactly two months after the Obama administration refused to grant the Keystone XL pipeline a permit, the company behind the pipeline, TransCanada, has announced it will take the federal government to court. Under the North American Free Trade Agreement (NAFTA), foreign companies can challenge a host country's regulations. TransCanada is arguing that the decision to deny the pipeline's permit was arbitrary and politically motivated. As such, the company argues that it is entitled to monetary compensation; TransCanada has requested $15 billion in remuneration. In addition to this case, TransCanada has also filed a constitutional challenge, arguing that President Obama's denial of the permit constitutes an overreach of his executive authority. This lawsuit does not seek monetary damages.[37][38][39]

The Keystone XL pipeline would have transported crude oil extracted from tar sands in Alberta, Canada, and shale oil from North Dakota and Montana to Nebraska. The pipeline would then have connected to existing pipelines and transported oil to refineries along the Gulf Coast, in states such as Texas. The pipeline would span 875 miles and could potentially transport 830,000 barrels of oil per day.[40]

Because the pipeline would have crossed the United States-Canadian border, it required a presidential permit from the U.S. State Department. In November 2015 the proposed Keystone XL pipeline was denied a presidential permit by the Obama administration. President Obama said that approving the pipeline would have "undercut" the United States' climate change policies, although Obama also said the pipeline was not "the express lane to climate disaster" claimed by some environmental groups.[41]

See also

Public policy in the 50 states

Click your state for an overview of policy information in your state.
http://ballotpedia.org/Public policy in STATE


Footnotes

  1. ↑ 1.0 1.1 1.2 Congressional Budget Office, "Summary of 'The Budget and Economic Outlook: 2016 to 2026,'" January 19, 2016
  2. ↑ 2.0 2.1 The Hill, "CBO: Federal deficit to rise to $544 billion," January 19, 2016
  3. ↑ 3.0 3.1 Modern Healthcare, "ACA, healthcare programs partly responsible for higher federal deficit," January 19, 2016
  4. ↑ HuffPost Politics, "Gov. Rick Snyder releases emails related to Flint water crisis," January 20, 2016
  5. ↑ 5.0 5.1 Vox, "Flint's water crisis: Newly released emails show Michigan officials' long indifference to residents' concerns," January 21, 2016
  6. ↑ Washington Post, "EPA issues emergency order over Flint water crisis, administrator who oversees Michigan resigns," January 21, 2016
  7. ↑ 7.0 7.1 7.2 Associated Press, "Governor's emails show debate over blame for Flint water," January 21, 2016
  8. ↑ The New York Times, "As Water Problems Grew, Officials Belittled Complaints From Flint," January 20, 2016
  9. ↑ CNN.com, "Flint water crisis: Michigan attorney general to investigate," January 16, 2016
  10. ↑ CNN.com, "Water crisis in Flint, Michigan, draws federal investigation," January 9, 2016
  11. ↑ 11.0 11.1 Pittsburgh Post-Gazette, "Pennsylvania's approaching primary means legislators less likely to act on budget," accessed January 22, 2016
  12. ↑ Penn Live, "With stopgap, Wolf guaranteed a 2016 budget and primary season collision: Analysis," accessed January 22, 2016
  13. ↑ CBS Local - Philadelphia, "Pressure off, Pennsylvania's budget fight could be on ice," accessed January 22, 2016
  14. ↑ York Daily Record, "Wolf hopes for PA budget deal as next proposal nears," accessed January 22, 2016
  15. ↑ 15.0 15.1 CNN.com, "Michigan governor to lay out plans to fix Flint water crisis," January 19, 2016
  16. ↑ 16.0 16.1 NBC News, "Flint, Michigan, Water Crisis: Obama Signs Emergency Declaration," January 16, 2016
  17. ↑ 17.0 17.1 CBS News, "Obama signs emergency order over Flint water crisis," January 16, 2016
  18. ↑ Minnesota Star-Tribune, "Q&A: A look at the drinking water crisis in Flint, Michigan," January 13, 2016
  19. ↑ NBC News, "U.S. Attorney Probes Flint's Lead-Tainted Drinking Water as Governor Declares Emergency," January 5, 2016
  20. ↑ NBC News, "Michigan Prosecutor Opens Probe of Flint Water Crisis," January 15, 2016
  21. ↑ 21.0 21.1 21.2 Missouri Lawyers Weekly, "Missouri voter photo ID measures pass House committees," January 13, 2016
  22. ↑ 22.0 22.1 22.2 Missouri House of Representatives, "HJR 53," accessed January 16, 2016
  23. ↑ 23.0 23.1 23.2 Missouri House of Representatives, "HB 1631," accessed January 16, 2016
  24. ↑ 24.0 24.1 U.S. Fish and Wildlife Service, "U.S. Fish and Wildlife Service to Reclassify West Indian Manatee from Endangered to Threatened," January 7, 2016
  25. ↑ 25.0 25.1 CNN.com, "Manatees set for removal from U.S. endangered species list," January 8, 2016
  26. ↑ 26.0 26.1 PBS.org, "U.S. wildlife officials propose reclassifying manatees’ endangered status," January 8, 2016
  27. ↑ Associated Press, "Wildlife officials want to relist manatees as 'threatened,'" January 7, 2016
  28. ↑ 28.0 28.1 28.2 28.3 Vermont Public Radio, "State treasurer opposes plan to divest state pension fund from fossil fuels," accessed January 19, 2016
  29. ↑ Clean Yield Asset Management, "Vermont Governor Shumlin calls on pensions to divest $4B portfolio from Exxon, coal," accessed January 19, 2016
  30. ↑ 30.0 30.1 Pensions & Investments Online, "Vermont governor calls for state pension funds to divest coal stocks," accessed January 19, 2016
  31. ↑ 31.0 31.1 CNN, "Obama vetoes Obamacare repeal bill," January 8, 2016
  32. ↑ The Hill, "House passes ObamaCare repeal, sending measure to president," January 6, 2016
  33. ↑ Congressional Research Service, "Legislative Actions to Repeal, Defund, or Delay the Affordable Care Act," December 9, 2015
  34. ↑ The Hill, "House to take up bill blocking EPA water rule," January 7, 2016
  35. ↑ The Hill, "Senate votes to kill EPA’s water rule," November 4, 2015
  36. ↑ Reuters, "Court Places Hold On Clean Water Rule Nationwide," October 9, 2015
  37. ↑ The Washington Post, "TransCanada is suing the U.S. over Obama’s rejection of the Keystone XL pipeline. The U.S. might lose," January 8, 2016
  38. ↑ TransCanada, "TransCanada challenges Keystone XL denial," accessed January 8, 2016
  39. ↑ TransCanada, "TransCanada Keystone Pipeline, LP and TC Oil Pipeline Operations Inc. vs. John F. Kerry, Secretary of the Department of State; Loretta E. Lynch, Attorney General of the United States; Jeh Charles Johnson, Secretary of the Department of Homeland Security; and Sally Jewell, Secretary of the Department of Interior," accessed January 8, 2016
  40. ↑ Congressional Research Service, "Keystone XL Pipeline: Overview and Recent Developments," January 5, 2015
  41. ↑ The New York Times, "Obama Rejects Construction of Keystone XL Oil Pipeline," November 6, 2015
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