AASD Applauds Bipartisan Senate Introduction of the Special District Fairness and Accessibility Act
The American Association of Special Districts (AASD) strongly supports federal efforts to define “special district,” which now includes introduction of the bipartisan Special District Fairness and Accessibility Act in the U.S. Senate.
Senators John Cornyn, R-Texas, and Jeff Merkley, R-Ore., lead the Senate Bill – S. 2014 – alongside Senators Bernie Moreno, R-Ohio, and Ruben Gallego, D-Ariz. AASD celebrates the introduction as a major milestone in the 119th Congress push to address special districts’ top federal policy issue and begin breaking down barriers to engage with federal programs.
Read more about the Special District Fairness and Accessibility Act and get your resources for advocacy here.
“Defining ‘special district’ in federal law is the simple solution to a complex problem impeding the most common form of local government in America from being recognized for the essential services they provide,” said Sara Carroll, American Association of Special Districts President, in a statement following the introduction of H.R. 2766 (Fallon), the House version of this effort. “For far too long, special districts have faced hardship to access, leverage, or serve as stakeholders in important federal programs and processes – which negatively impacts services to our communities. A formal definition would lay the groundwork to place special districts providing critical infrastructure and community resources to millions of Americans every day on a more level playing field to engage with federal programs. AASD applauds Congressman Fallon and Congresswoman Pettersen for championing the bipartisan Special District Fairness and Accessibility Act as the catalyst to finally breaking down barriers for special districts’ access to more resources for local public services in their communities.”
Read below Senator Cornyn’s press release announcing the legislation:
Cornyn, Colleagues Introduce Bill to Ensure Fairness for Special Districts
WASHINGTON – U.S. Senators John Cornyn (R-TX), Jeff Merkley (D-OR), Bernie Moreno (R-OH), and Ruben Gallego (D-AZ) today introduced the Special District Fairness and Accessibility Act, which would codify a formal definition of “special district” to ensure they are recognized as local governments and are eligible to receive federal assistance:
“The pandemic laid bare the inadvertent discrepancies in resources allocated to special districts due to ambiguity in current law,” said Sen. Cornyn. “This legislation would rectify this oversight by clarifying the definition of a special district to ensure every community in Texas is eligible to receive support when it matters most.”
“Special districts—like the Klamath 911 Emergency Communications District and the Applegate Fire District in Oregon— provide cost-effective and efficient public services to our communities, and they deserve fair access to federal funding and resources,” said Sen. Merkley. “Our bipartisan bill levels the playing field for special districts by ensuring they are eligible to receive federal dollars for their work to support critical infrastructure and essential services, including parks, irrigation, sanitation, fire protection, ports, health care, electricity, and libraries.”
“It is critical that special districts are clearly defined in the law to ensure that federal resources are available to all communities that need them,” said Sen. Moreno. “The Special Districts Fairness and Accessibility Act removes barriers that these communities face and cuts red tape, and I’m proud to lead this bill that will help nearly 1,000 special districts in Ohio receive access to important resources from the federal government.”
“Special districts provide essential services like fire protection, water, and transportation, but because they don’t have an official definition, they often cannot get the same federal support as other local governments,” said Sen. Gallego. “I’m proud to support this bill to finally define special districts so they can access the resources for services that millions of Arizonans rely on.”
Congressman Pat Fallon (TX-04) is leading companion legislation in the U.S. House of Representatives.
Background:
The Special District Fairness and Accessibility Act would codify a formal definition of “special district” to ensure districts are recognized as local governments and are eligible to receive appropriate forms of federal assistance. While special districts are already intended to be eligible for federal grants and other assistance, many special districts were unintentionally excluded from receiving federal aid during the pandemic due to the lack of clarity in current law. This legislation seeks to provide greater clarity for federal agencies administering grant funds so they are better able to support special districts with everything from infrastructure improvements to disaster recovery assistance and more.
Specifically, the bill would direct the Director of the Office of Management and Budget to issue guidance recognizing special districts as units of local government for the purpose of being eligible to receive federal assistance. Additionally, the bill would establish the following definition in federal law:
“The term ‘special district’ means a political subdivision of a State, with specified boundaries and significant budgetary autonomy or control, created by or pursuant to the laws of the State, for the purpose of performing limited and specific governmental or proprietary functions that distinguish it as a significantly separate entity from the administrative governance structure of any other form of local government unit within a State.”
The legislation is endorsed by the American Association of Special Districts, National Association of Emergency & Fire Officials, National Special Districts Association, Texas State Association of Fire & Emergency Districts (SAFE-D), Texas Special Districts Coalition, Texas Water Association, Trinity River Authority, North Texas Municipal Water District, Northeast Texas Municipal Water District, the Special Districts Association of Oregon (SDAO), and Rolling Plains Groundwater Conservation District.
NOTE: (bold/italics added, denoting AASD, its Members, and its Affiliates)
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For more information on how to get involved and assistance to directly advocate for the Special District Fairness and Accessibility Act, please email contact@americasdistricts.org.