Skip to main content

Capitol to Capitol | May 22, 2023

May 22, 2023

Questions? Please use the email icon at left to contact NCSL’s State-Federal Affairs Division.

Administration Updates

Department of Education Releases Proposed Rule on Medicaid Reimbursement for Special Education Services

The proposed rule would remove the requirement for schools to obtain parental consent to bill Medicaid for services provided to children with disabilities under the Individuals with Disabilities Education Act who are enrolled in the health insurance program. The rule retains the requirement to notify parents that all special education and related services are provided at no cost to them. Comments on the proposed rule are due by Aug. 1. Read more.

New Coal Ash Rule Would Require Contamination Cleanup

The Environmental Protection Agency issued a proposed rule broadening the number of coal combustion residual disposal sites that would be subject to oversight. The residual, commonly known as coal ash, is a byproduct of burning coal to generate electricity. The administration already regulates coal ash sites at active power plants, and the proposed rulemaking would place similar regulations on inactive coal ash ponds, landfills and other fill sites. The proposal would require site owners to monitor for groundwater contamination and participate in cleanup activities should contamination occur. The proposal would also regulate online coal-fired power plants with surface impoundments and landfills that are currently exempt from the agency’s coal ash regulations. The 2016 Water Infrastructure Improvements for the Nation Act allows states to act as the primary regulatory enforcers of coal ash once their state permit programs are established.

The proposed rulemaking follows a decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the exemption in the 2015 Coal Ash Rule for inactive surface impoundments at inactive facilities. The comment period is open through July 17.

Debt Negotiations: Latest Developments

Treasury Secretary Janet Yellen stated in a May 15 letter to congressional leaders that the department will likely be unable to continue financing the federal government’s operations as early as June 1. The letter comes as President Biden and congressional leaders continue to negotiate a path forward to raise the federal government’s debt ceiling and avoid a default, with the president stating, “The leaders [of Congress] have all agreed: We will not default. Every leader has said that.” The president and Speaker Kevin McCarthy (R-Calif.) have since entered direct negotiations that have left McCarthy saying a deal is “doable.” Read Yellen’s letter here.

NCSL Updates

Register for NCSL Policy Week

As a member of NCSL, you are invited to participate in NCSL’s annual Policy Week, June 20-26. This will be an opportunity for all legislators and legislative staff to learn about NCSL Standing Committee policy processes and to discuss existing policy directives and resolutions scheduled for consideration at the Legislative Summit, Aug. 14-16, in Indianapolis. Register here.

  • Contact NCSL

  • For more information on this topic, use this form to reach NCSL staff.