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Commission approves 2026 voluntary implementation agreement after debate, one commissioner votes no
Summary
The commission authorized staff to sign the voluntary implementation agreement for 2026 after questions about legal exposure and cost allocation; one commissioner announced a protest vote but the motion passed following staff explanations about assessment methodology and options for nonparticipating jurisdictions.
Staff presented the 2026 voluntary implementation agreement, describing it as substantially similar to last year’s agreement with mostly administrative date changes. Commissioners questioned the consequences of rejecting the agreement, asking whether nonparticipation would force the commission to run its own contractors and how assessment amounts are calculated.
Staff responded that assessments are now based on a starts-only methodology for 2026 (following litigation in other states and a recent federal district court ruling referenced by staff) and explained that the assessment budget is allocated to jurisdictions based on starts in the prior 12 months. Commissioners noted recent litigation in Kentucky and that settlement terms there included continued signal exportation for the remainder of the year; staff said the settlement terms were not public.
One commissioner stated they would not vote for the agreement as a matter of protest but did not press for others to follow. After questions and discussion, the commission moved, seconded and approved the voluntary implementation agreement for 2026; the record shows at least one commissioner voting nay. Staff noted potential alternatives for jurisdictions that decline participation, including hiring contractors and billing costs back to the state tracks.
