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By: @Kyle Packham

Historic legislation to define special districts for the first time in federal law has now been introduced in the United States Senate. Spearheaded by the National Special Districts Association (NSDA), the Special District Fairness and Accessibility Act is supported by thousands of special districts throughout the country.

On June 10, Senator John Cornyn (R-TX), together with original cosponsors Senator Jeff Merkley (D-OR), Senator Bernie Moreno (R-OH), and Senator Ruben Gallego (D-AZ), introduced S. 2014, the Senate companion to H.R. 2766, which was introduced April 9 in the U.S. House of Representatives.

Both S. 2014 and H.R. 2766, introduced in the 119th Congress, are incorporate the same language as last year’s H.R. 7525, which passed the U.S. House of Representatives with broad bi-partisan support and passed the Senate Homeland Security and Governmental Affairs Committee with just one “no” vote.

Notably, original cosponsors Senator Moreno and Senator Gallego both serve on the Senate Homeland Security and Governmental Affairs Committee, which holds jurisdiction over governance measures such as S. 2014.

CSDA is calling on all special districts and their partners to join the NSDA Coalition in support of the Special District Fairness and Accessibility Act:

Support our efforts to Define Special Districts in Federal Law in H.R.2766/S.2014 - National Special Districts Association

• Check here to see if your district or organization is listed in support.
• If not listed, complete this form.
• If you’d like to be removed from the coalition, email chantalu@nationalspecialdistricts.org or message NSDA here.

In the last Congress, H.R. 7525 passed the House of Representatives with broad bi-partisan support and cleared the Senate Homeland Security and Governmental Affairs Committee with just one “no” vote but failed to receive an opportunity to be voted upon by the full Senate. S. 2014 and H.R. 2766 is the vehicle to continue our progress in the new Congress.

Tools and Resources:

• Talking Points: Engage with decisionmakers, stakeholders, and your communities.
• Co-Sponsor Request: Use this template to request your Congressional Representatives co-sponsor H.R. 2766.
• Social Media Graphic: Use this graphic to build your social media posts.

Additional Background and Messaging:

Federal law currently lacks a clear definition of “special district,” creating unnecessary barriers to federal resources, emergency funding, and essential grants. Since 2020, NSDA has led efforts to establish a federal definition. This work has resulted in proposed legislation to amend U.S. Code Title 13, ensuring that special districts are formally recognized and equitably included in federal programs. 

Special districts are the most localized, limited, and specialized governance model in our country for the delivery of essential services families and businesses rely on every day.  Special districts offer our communities:

1. Freedom to self-determination: Special districts strengthen Americans’ choices to determine who provides the governmental services they locally fund.
2. Local control: Special districts empower Americans to closely oversee and hold accountable their government at the most local level.
3. Efficiency through specialization: Special districts focus on providing a single service people want and want done well, leading to efficiency, effectiveness, and innovation.

S. 2014 (Cornyn) and H.R. 2766 (Fallon), the Special District Fairness and Accessibility Act, will help rural communities that have chosen the most localized, limited, and specialized form of government to meet only their most essential needs better navigate the overwhelming bureaucracy of the federal government. 

Most special districts only have enough staff to do the fundamental job they’ve been tasked to do, whether it be to provide water, sewer, or fire protection. They rarely have the size of administrative staff that larger agencies may have.  Some are entirely run by volunteers or perhaps contract services out to the private sector.  So, when the federal government mandates something upon them, or they need partners on a project involving the federal government, it is essential we cut red tape and intergovernmental friction. 

A most basic step in making our government more efficient is giving the federal government a definition for special districts. Today, when our special districts call a federal department or agency, the federal officials often don’t even understand the special district is a form of local government. This leads to delays, incorrect direction, or even being left out entirely.  The sad reality is that, when someone from a small, rural agency calls the federal department of X and is told, “you aren’t a local government”, the special district is unlikely to have the lawyers, lobbyists, and resources, let alone the time, to fight, and they often assume the federal official must be right—after all, it’s their laws and regulations. 

It’s time we fix this and give our local agencies doing so much more with so much less the credit and the basic of tools that they need to do their job well for our communities.