One year after Congress passed a law to deal with the problem of
"unfunded mandates," the results are not encouraging.
Few Americans have any idea that Washington forces all sorts of
laws and regulations on state and local governments -- concerning
everything from storm-water drainage to health care for illegal
immigrants -- without giving states and localities so much as a
penny to pay for them.
State and local government officials and business leaders met
recently in Washington to examine the preliminary recommendations
of the Advisory Council on Intergovernmental Relations (ACIR). This
is the body Congress assigned last year to examine how "unfunded
mandates" are hurting state and local governments, as part of its
Unfunded Mandates Reform Act of 1995.
As the ACIR's recommendations show, unfunded mandates are still
busting state and local budgets, diverting much-needed money from
law enforcement, fire fighting, education and other activities
people really need. In short, Congress accomplished little with
last year's reforms. This should come as no surprise. After all,
the
Unfunded Mandates Reform Act of 1995 did absolutely nothing to
address existing mandates -- except to have the ACIR study
them.
But the study is proving useful. Based on information from the
National Governors' Association and dozens of other state and local
governments and organizations, ACIR identified 14 mandates it sees
as the biggest problems.
The report recommends that seven federal laws, including the
Family and Medical Leave Act, the Occupational Safety and Health
Act, and the Fair Labor Standards Act, no longer apply to state and
local governments. Another seven laws, including the Americans with
Disabilities Act, the Safe Drinking Water Act and the Clean Air
Act, should be made more flexible or be funded more by the federal
government instead of forcing state and local governments to
pay.
Of course, the report has its shortcomings. It doesn't say
anything about how unfunded mandates affect the private sector and
whether reforms should extend that far. There also are countless
environmental, health and education mandates the report doesn't
address. And while the ACIR acknowledges that laws like the
Occupational Safety and Health Act may not have a legitimate
scientific basis, the ACIR's report doesn't reach into whether the
laws themselves should be changed. Asking Congress to exempt states
and localities from laws that are ill-conceived in the first place
sets a bad precedent and creates a double standard for treatment of
the private sector.
In short, the ACIR report just scratches the surface of a huge
problem. Costly requirements imposed by Washington are undermining
the fiscal health of state and local governments. For example,
every three years the Safe Drinking Water Act requires the
Environmental Protection Agency to identify 25 new substances
localities must test for in their water supplies -- forcing cities
across America to bear the cost of testing for substances that
literally have been banned for decades.
Another example: A study
by The Heritage Foundation showed that state spending on Medicaid
will increase from $32 billion in 1990 to $104 billion in 2002, a
325 percent boost, if there is no reform of the current program.
States like California and New York will have to raise additional
billions just to pay for their share of this program.
Unfunded mandates can force states to raise taxes; reduce
spending on education, infrastructure, law enforcement or some
other service; or both. For example, in September 1995, Fairfax
County, Va. reported that half its non-school budget is being
consumed by programs and mandates issued by Congress and the
Virginia General Assembly, for which the county receives no funds.
In February, the county executive was forced to propose one of the
largest tax increases in the county's history, as well as dramatic
reductions in education and social service programs..
Despite their limitations, the ACIR recommendations should give
states and localities hope. They confirm that the burden of
unfunded mandates is real and significant. The ACIR's final report
could create the foundation for a new round of legislative
initiatives. These could range from full federal funding of
mandates to outright repeal.
However, if state and local communities expect change, they will
have to continue badgering Washington through legislation and the
courts. Unless states and localities are vigilant in keeping
Congress and the president focused on addressing the problem of
unfunded mandates, there will be no reform at all.
Washington will be all too happy to keep passing the buck.
Note: Angela Antonelli is former director of economic policy
studies at The Heritage
Foundation, a Washington-based public policy research
institute.