Policy Area

The Supreme Court has agreed to decide whether federal courts of appeals versus federal district courts (lower courts) have the authority to rule whether the “waters of the United States” (WOTUS) regulations are lawful.

Numerous states and local governments have challenged the WOTUS regulations. In National Association of Manufacturers v. Department of Defense the Supreme Court will not rule whether the regulations are lawful. Instead, they will simply decide which court gets to take the first crack at deciding whether they are lawful.

Workforce Development: 5 Things to Know

1. Employment and Training Administration (ETA) Publishes Guidance on Registered Apprenticeship Provisions and Opportunities in the Workforce Innovation and Opportunity Act (WIOA)
2. ETA Releases Planning Estimate for WIOA Youth, Adult, and Dislocated worker Program Allotments for Program Year 2017
3. US Department of Labor Awards $65 Million to Help Unemployed Workers with Job Searches, Support Integrity of the Unemployment Insurance Program

State WIOA Plans are now available to be viewed online.

What is WIOA?

The Workforce Innovation and Opportunity Act, also known as WIOA, was signed in July 2014 and is a major reform of the public workforce system.  The WIOA supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973.  The WIOA requires states to...

Are public pension plans trading off long-term stability for a less hair-raising sticker price for state governments today? A new report from the Rockefeller Institute of Government answers that question and takes a closer look at the difficult choices those running public pension funds have had to make over the last three decades, and what those choices mean for the future fiscal stability of states. 

Kaiser Health News has created a special website to keep track of news about changes to the Affordable Care Act. KHN says it will provide analysis, explanation, investigation and data on its site called Repeal & Replace Watch. You can bookmark this on your browser.

In the coming months, legislators in almost every state will be grappling with writing a new budget. According to the National Association of State Budget Officers (NASBO), 47 states will enact a new budget for fiscal year 2018, while the three remaining states (Kentucky, Virginia and Wyoming) have previously enacted budgets that cover both fiscal years 2017 and 2018. Among those 47 states, most – 30 – will pass an annual budget, while 17 will authorize a two-year (biennial) budget that will cover both fiscal year 2018 and 2019. Note that for 46 states, fiscal year 2018 will begin on July 1, 2017. Alabama (Oct. 1), Michigan (Oct. 1), New York (Apr. 1) and Texas (Sept. 1) are the exceptions.  Most state legislatures adopt their new budgets in the spring.  

President-elect Donald Trump has vowed to get rid of numerous federal regulations adopted by the Obama Administration. Impossible many say. If there is one man who may be able to make this happen it is Supreme Court Justice Anthony Kennedy.

Three of the most important regulations to state and local government were the subject of litigation likely headed to the Supreme Court before Trump was elected:  the Clean Power Plan (CPP) (President Obama’s signature climate change measure), the regulations defining “waters of the...

President-elect Donald Trump has stated repeatedly that one of the goals of his new administration is to get rid of federal regulations. Despite the fact that the new administration has a menu of options to kill final federal regulations the most effective options are likely the most difficult to achieve.

This blog posting uses as examples three of the most important regulations to state and local government—all of which are on the chopping block:  the Clean Power Plan (CPP) (President Obama’s signature climate change measure), the regulations defining “waters of the United States” (WOTUS) (a significant term in the Clean Water Act defining the federal government’s jurisdiction to regulate water), and the Fair Labor Standards Act (FLSA) overtime regulations (extending overtime pay to 4 million workers).

Issue: States are seeking to change how transportation projects are selected by making project selection less political, determining which ones could have the best return on investment, factoring in long-term costs and reconsidering some long-planned projects that may no longer make sense in the modern age. Increasingly facing limited resources, they likely will need to do more of that in the future.

Issue: After years of saying they were still years away, autonomous vehicles and other technologies are here—or nearly here (at least to some degree). Uber has a fleet of autonomous vehicles in Pittsburgh. Uber’s self-driving truck company, Otto, recently delivered a truck full of beer in Colorado. So now the question becomes how will state governments respond and how will they need to respond? The National Highway Traffic Safety Administration issued guidelines last summer for states to consider in drafting autonomous vehicle legislation. But in trying to encourage the development of these technologies and perhaps reap an economic windfall, states will need to guard against doing more harm than good through legislation and regulation.

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