Defining Special District

What is the Special District Fairness and Accessibility Act?

The Problem: Special Districts are not Defined in Federal Law.

Despite more than 38,000 special districts providing critical infrastructure and essential community services to millions of Americans in all 50 states, federal law lacks a definition of what a special district is.

Not having a "special district" definition has had clear consequences on the most common form of local government in the country. Ambiguity over what special districts are leads to unintentional exclusion from special districts or greater hardship for their access to federal grant and finance programs that general units of local government can access to develop or enhance their infrastructure and community programs.

Further, the federal government does not consider special districts to be geographic units of government, leading to challenges associated with certifying federal population and household data for many special districts. As a result, federal agencies may not certify population or household figures for special districts - which leads some districts, such as rural water districts, to expend resources going door-to-door for salary surveys to understand their eligibility. Unfortunately, special districts are further excluded from population-based formula programs that other general governments (e.g. cities and counties) leverage to fund projects such as community facilities.

Work to address this public policy issue began when many special districts were denied access, at all levels, to federal pandemic response and recovery funding intended for local governments - simply because special districts were not defined as a unit of local government, rendering them ineligible for direct funding. To this day - many special districts providing ambulance, fire, and certain health services have not and are unlikely to ever receive a penny of this aid.

Federal advocacy to define special districts is now aimed to broadly address funding access issues across federal programming.

The Bipartisan Solution

The bipartisan Special District Fairness and Accessibility Act would set the cornerstone to tackle this public policy problem once and for all, setting in motion the ability for special districts to be placed on a level playing field for federal funding.

The Special District Fairness and Accessibility Act would set in federal statute the following definition for "special district:"

"Special District" - 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.

Federal agencies would be required to adopt the definition. Doing so would underscore that special districts are, indeed, local governments for the purposes of relevant program opportunities.

Supporting Districts & Organizations

Special District Strategies, L.L.C. thanks the Special District Fairness and Accessibility Act's supporting special districts and organizations:

National Organizations

American Association of Special Districts
International Association of Fire Chiefs
National Association of Emergency and Fire Officials

State & Regional Organizations

Arizona Fire Districts Association
Arizona Special Districts Alliance
Illinois Association of Fire Protection Districts
Rural Water Association of Arizona
Tennessee Association of Utility Districts
Texas Special Districts Coalition
Texas State Association of Fire and Emergency Districts (SAFE-D)
Texas Water Association

Individual Special Districts

Arizona: Drexel Heights Fire District
Colorado: Apex Park & Recreation District
Louisiana: Carter Plantation Community Development District
Louisiana: Iberia Parish Mosquito Abatement District
Louisiana: Lakeshore Villages Master Community Development District
Louisiana: St. Tammany Parish Drainage District No. 2
Missouri: Waynesville Rural Fire Protection District
Montana: Choteau Volunteer Fire Department
Montana: Hamilton Rural Protection District
Montana:: Tri-Lakes Volunteer Fire Service Area
Ohio: Great Parks of Hamilton County
Texas: Benbrook Library District
Texas: North Texas Municipal Water District
Texas: Northeast Texas Municipal Water District
Texas: Rolling Plains Groundwater Conservation District
Texas: Trinity River Authority of Texas

Join the Bill's Supporting Alliance

Add your special district, business, or organization to the Special District Fairness and Accessibility Act's list of supporters, receive individual assistance, and get more resources for your advocacy.

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Support the Special District Fairness and Accessibility Act