natural resources and infrastructure committee 2016 legislative summit

Transcription

NATURAL RESOURCES AND
INFRASTRUCTURE COMMITTEE
2016 LEGISLATIVE SUMMIT
NCSL Standing Committee on Natural Resources and
Infrastructure
TABLE OF CONTENTS
NRI COMMITTEE MEMBERS ………………………………………………………………..3
NRI COMMITTEE AGENDA…………………………………………………………………. 8
NRI COMMITTEE ONLINE RESOURCES
………………………………………………13
BUSINESS MEETING AGENDA…………………………………………………………...
14
POLICY SUMMARIES……………………………………………………………………….
15
POLICY DIRECTIVES & RESOLUTIONS………………………………………………...17
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NCSL STANDING COMMITTEE ON NATURAL RESOURCES AND
INFRASTRUCTURE MEMBERS
Updated July 29, 2016
NCSL’s Natural Resources and Infrastructure Committee is one of nine NCSL Standing Committees. These
committees are vital to NCSL’s successful representation of state interests in Washington, D.C., and the
facilitation of policy innovation among state and territorial legislatures. Please contact any of the committee staff
for details about the committee, state-federal policies under its jurisdiction, or upcoming meetings and
educational events.
COMMITTEE OFFICERS
Co-Chair: Delegate Sally Jameson, Maryland
Co-Chair: Senator Cam Ward, Alabama
Vice Chair: Senator Elsie Arntzen, Montana
Vice Chair: Representative Justin R. Cronin, South Dakota
Vice Chair: Representative Rick Hansen, Minnesota
Vice Chair: Senator Rita Hart, Iowa
Vice Chair: Senator Clarence K. Nishihara, Hawaii
Vice Chair: Representative Ed Orcutt, Washington
Vice Chair: Representative Dan Saddler, Alaska
Vice Chair: Senator Mike Vehle, South Dakota
Staff Co-Chair: David Beaujon, Colorado
Staff Co-Chair: Linda Hay, Alaska
Staff Vice Chair: Brian Brown, California
Staff Vice Chair: Gene Hogan, South Carolina
Staff Vice Chair: Jace Mikels, Iowa
Staff Vice Chair: Rex Shattuck, Alaska
Co-Chair
Co-Chair
Del. Sally Jameson,
MD
Sen. Cam Ward, AL
Vice Chair
Vice Chair
Vice Chair
Vice Chair
Sen. Elise Arntzen, MT
Rep. Justin R. Cronin, SD
Rep. Rick Hansen, MT
Sen. Rita Hart, IO
P a g e 3 | 63
Vice Chair
Vice Chair
Vice Chair
Vice Chair
Sen. Clarence K.
Nishihara, HI
Rep. Ed Orcutt, WA
Rep. Dan Saddler, AK
Sen. Mike Vehle, SD
COMMITTEE STAFF
NCSL D.C. Office: Ben Husch and Kristen Hildreth
NCSL Denver. Office: Jocelyn Durkay
COMMITTEE MEMBERS
Alabama
Sen. Gearld Allen
Rep. Alan Baker
Sen. Gerald Dial
Rep. Joe Faust
Sen. William Holtzclaw
Rep. Richard J. Lindsey
Sen. Steve Livingston
Sen. Cam Ward
Sen. Tom Whatley
Alaska
Rep. Lynn Gattis
Linda Hay (staff)
Rep. Scott Kawaski
Rep. Charisse Millett
Rep. Benjamin Nageak
Rep. Mark Neuman
Rep. Lance Pruitt
Rep. Dan Saddler
Rex Shattuck (staff)
Rep. David Talerico
Rep. Steve Thompson
Rep. Chris Tuck
Arizona
Sen. Steve Farley
Sen. Gail Griffin
Gina Kash (staff)
Arkansas
Rep. Charles Blake
Sen. Ron Caldwell
Rep. Dan Douglas
Rep. Mike Holcomb
Sen. Keith Ingram
Rep. Greg Leding
Sen. Terry Rice
Sen. Bill Sample
Rep. Nelda Sparks
California
Assm. Richard Bloom
Brian Brown (staff)
Assm. Mark Stone
Assm. Das Williams
Colorado
Rep. Jennifer Arndt
Sen. Randy Baumgardner
David Beaujon (staff)
Rep. Jon Becker
Rep. K.C. Becker
Jennifer Berman (staff)
Rep. J. Paul Brown
Rep. Perry Buck
Sen. John Cooke III
Rep. Don Coram
Rep. Jessie Danielson
Sen. Kerry Donovan
Rep. Timothy Dore
Rep. Daneya Esgar
Sen. Leroy Garcia
Jason Gelender (staff)
Rep. Joann Ginal
Sen. Mary Hodge
Sen. Matt Jones
Rep. Tracy Kraft-Tharp
Rep. Steve Lebsock
Rep. Jovan Melton
Rep. Diane Mitsch Bush
Rep. Dominick Moreno
Thomas Morris (staff)
Rep. Patrick Neville
Rep. Dan Nordberg
Meghan O’Connor (staff)
Sen. Ellen Roberts
Rep. Catherine Roupe
Rep. Lori Saine
Sen. Ray Scott
Rep. Lang Sias
Sen. Jerry Sonnenberg
Rep. Daniel Thurlow
Sen. Nancy Todd
Rep. Max Tyler
Rep. Edward Vigil
Rep. Faith Winter
Connecticut
Gregg Cogswell (staff)
Rep. Linda M. Gentile
Rep. Antonio Guerrera
Lee Hansen (staff)
Alex Judd (staff)
Janet Kaminski-Leduc
(staff)
Sen. Ted Kennedy Jr.
Emanuel Merisotis (staff)
Kristen Miller (staff)
Sen. Marilyn Moore
Rep. Mary Mushinsky
Rep. John Shaban
Bradford Towson (staff)
Chris Zavagnin (staff)
Delaware
Sen. Colin Bonini
Rep. William Carson
Sen. Bruce Ennis
Sen. Bethany Hall-Long
Rep. Debra Heffernan
Sen. Gerald Hocker
Rep. John Kowalko
Sen. David McBride
Sen. Harris McDowell II
Rep. Edward Osienski
Rep. W. Charles Paradee
Sen. Karen Peterson
District of Columbia
Cncl. Charles Allen
Florida
Kara Collins-Gomez (staff)
Sen. Audrey Gibson
Thomas Hamby (staff)
William Howard (staff)
Reynold Meyer (staff)
Alex Regalado (staff)
Lucretia Collins (staff)
Teresa B. Tinker (staff)
Georgia
Rep. Mandi Ballinger
Rep. Thomas Benton
Rep. Jon Burns
Rep. Kevin Cooke
Abby Day (staff)
Rep. Robert Dickey
Rep. Terry England
Rep. Bubber Epps Jr.
Sen. Stephen Gooch
Rep. Margaret Kaiser
Rep. Trey Kelley
Rep. David Knight
Rep. Charles E. Martin Jr.
Rep. Tom McCall
Rep. John Meadows
Rep. Greg Morris
Rep. Chad Nimmer
Rep. Randy Nix
Sen. Nan Orrock
Rep. Don L. Parsons
Rep. Allen M. Peake
Rep. Alan Powell
Rep. Jay Powell
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Rep. Dale Rutledge
Rep. Barbara Sims
Sen. Freddie Powell Sims
Rep. Lynn Smith
Rep. Mickey Stephens
Matt Taylor (staff)
Rep. Thomas Taylor
Rep. Sam Watson
Sen. John Wilkinson
Rep. Chuck Williams
Sen. Tommie Williams
Hawaii
Rep. Henry Aquino
Rep. Lauren N.K. Cheape
Matsumoto
Rep. Ty Cullen
Rep. Lynn DeCoite
Sen, Donovan Dela Cruz
Rep. Cynthia Evans
Sen. Mike Gabbard
Rep. Sharon Har
Rep. Kaniela Ing
Sen. Lorraine R. Inouye
Rep. Chris Kalani Lee
Rep. Matthew LoPresti
Rep. Nicole Lowen
Sen. Clarence Nishihara
Rep. Nafetalai Pouha
Sen. Gilbert R. Riviere
Sen. Russell E. Rudeman
Sen. Laura Thielen
Rep. Clifton Tsuji
Rep. Ryan I. Yamane
Idaho
Rep. Terry Gestrin
Rep. Clark Kauffman
Sen. Jim Patrick
Illinois
Rep. John E. Bradley
Sen. David Koehler
Becky Locker (staff)
Sen. Michael Noland
Laura Sinclair (staff)
Steve Thomas (staff)
Amanda Wallen (staff)
Indiana
Sen. Jim Arnold
Rep. Terri Jo Austin
Rep. B. Patrick Bauer
Tyler Campbell (staff)
Sen. Ed Charbonneau
Matt Doerr (staff)
Rep. Ryan Dvorak
Rep. Sean Eberhart
Sarah Freeman (staff)
Rep. William Friend
Sen. Susan Glick
Rep. Christina Hale
Jack Halloran (staff)
Jessica Harmon (staff)
Rep. Eric Allan Koch
Rep. Donald J. Lehe
Sen. James Merritt Jr.
Brian Rockensuess (staff)
Rep. Edmond Soliday
Rep. Michael Speedy
Kristen Tjaden (staff)
Rep. Heath VanNatter
Rep. David Wolkins
Iowa
Sen. Joe Bolkcom
Sen. Tod Bowman
Sen. William Dotzler
Sen. Rita Hart *
Sen. Robert Hogg
Rep. Charles Isenhart
Theresa Kehoe (staff)
Jace Mikels (staff)
Sen. Joe M. Seng
Julie Simon (staff)
Sen. Mary Jo Wilhelm
Kansas
Rep. Dennis E. Hedke
Rep. Kyle D. Hoffman
Rep. Richard J. Proehl
Rep. Sharon J. Schwartz
Kentucky
Lowell Atchley (staff)
Rep. Johnny W. Bell
Sen. Jared K. Carpenter
Rep. Hubert Collins
Rep. Leslie A. Combs
Rep. William Coursey
Rep. Mitchel Denham Jr.
Rep. Bob DeWeese
Sen. C.B. Embry
Rep. David Floyd
Rep. Jim Gooch Jr.
Rep. Jeff Greer
Sen. Ernie Harris Jr.
Jay Hartz (staff)
Harland Hatter (staff)
Sen. Paul Hornback
D. Todd Littlefield (staff)
Rep. Mary Lou Marzian
Rep. Thomas McKee
Tanya Monsanto (staff)
Rep. Sannie Overly
Rep. John Short
Rep. Arnold Simpson
Rep. Kevin Sinnette
Sen. Brandon Smith
John Snyder (staff)
Rep. Fitz Steele
Rep. Wilson L. Stone
Sen. Johnny Ray Turner
Rep. Jim Wayne
Louisiana
Su King (staff)
Tyler McCloud (staff)
Sen. Francis Thompson
Maine
Rep. Robert Alley
Rep. Kevin Battle
Rep. Roberta Beavers
Rep. Russell Black
Rep. Lydia Blume
Rep. Andrew Buckland
Rep. Richard Campbell
Rep. Ralph Chapman
Sen. Ronald Collins
Rep. Patrick Corey
Rep. Dale Crafts
Sen. Scott Cyrway
Rep. Matthew Dana II
Rep. Michael Devin
Rep. Larry Dunphy
Rep. Michelle Dunphy
Rep. Anthony Edgecomb
Rep. Eleanor Espling
Rep. Bradley Farrin
Rep. Kenneth Fredette
Rep. Sara Gideon
Rep. James Gillway
Rep. Gay Grant
Rep. Martin Grohman
Rep. Jeffrey Hanley
Rep. Denise Harlow
Rep. Stephanie Hawke
Rep. Craig Hickman
Rep. Norman Higgins
Rep. Gary Hilliard
Rep. Brian Hobart
Rep. George Hogan Sr.
Rep. Mary Anne Kinney
Rep. Walter Kumiega III
Rep. Peter Lyford
Rep. Jeff McCabe
Rep. Joyce McCreight
Rep. Andrew McLean
Rep. Beth O’Connor
Rep. Wayne Parry
Rep. Jeffrey Pierce
Rep. Christine Powers
Rep. Roger Reed
Rep. Deane Rykerson
Rep. Robert Saucier
Sen. Thomas Saviello
Rep. David Sawicki
Rep. Stanley Short
Rep. Arthur Verow
Rep. Nathan Wadsworth
Rep. Joan Welsh
Rep. Dustin White
Rep. Stephen Wood
Sen. Paul Pinsky
Robert K. Smith (staff)
T. Patrick Tracy (staff)
Sen. Ronald Young
Maryland
Del. Dereck E. Davis
Sen. James DeGrange Sr,
Sen. George Edwards
Del. Robert Flanagan
Del. Davud Fraser-Hidalgo
Del. Barbara A. Frush
Del. Tawanna Gaines
Del. Anne Healey
Del. Jay Jacobs
Del. Sally Jameson
Del. Anne R. Kaiser
Del. Tony McConkey
Del. Maggie McIntosh
Sen. Thomas Middleton
Del. Charles James Otto
Michigan
Loanna Ammerman (staff)
Ryan Bergan (staff)
John Bollman (staff)
Julie Cassidy (staff)
Rep. Lee Chatfield
Rep. Triston Cole
Dan Dundas (staff)
Rep. Ray Franz
Rep. Gary Glenn
Rep. Ken Goike
Katie Hoeksema (staff)
Rep. Larry Inman
Rep. Nancy Jenkins
Josiah Kissling (staff)
Rep. John Kivela
Massachusetts
Thomas Bonarrigo (staff)
Rep. Gailanne Cariddi
Rep. Tackey Chan
George Chapman IV
(staff)
Rep. Mark Cusack
Rep. Marcos Devers
Sen. Kenneth Donnelly
Rep. Carolyn Dykema
Christopher Eicher (staff)
Rep. Ann-Margaret
Ferrante
Rep. Michael J. Finn
Heather Friedmann (staff)
Rep. Susan Williams
Gifford
Rep. Anne M. Gobi
Rep. Thomas Golden Jr.
Rep. Kate Hogan
Liam Holland (staff)
Rep. Russell Holmes
Rep. Steven S. Howitt
Rep. Randy Hunt
Joshua Katz (staff)
Rep. Robert Koczera
Robert Libin (staff)
Rep. Timothy Madden
Rep. John J. Mahoney
Rep. Paul W. Mark
Rep. Christopher Markey
Rep. James R. Miceli
Rep. Aaron Michlewitz
Sen. Marc R. Pacheco
Rep. Denise Provost
Rep. Angelo Puppolo Jr.
Rep. John H. Rogers
Rep. Paul A. Schmid III
Laurel Schwab (staff)
Rep. Frank I. Smizik
Tyler Soleau (staff)
Rep. William Straus
Rep. Walter F. Timilty
Rep. Chris Walsh
Rep. Donald H. Wong
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Rep. Andrea LaFontaine
Rep. Marilyn Lane
Suzanne Lowe (staff)
Rep. David Maturen
Rep. Sheldon Neeley
Rep. Peter Pettalia
Rep. Bruce Rendon
Glenn Steffens (staff)
Minnesota
Rep. Connie Bernardy
Sen. Gary Dahms
Sen. D. Scott Dibble
Brad Hagemeier (staff)
Rep. Rick Hansen
Sen. John Hoffman
Rep. Frank Hornstein
Sen. Bill Ingebrigtsen
Rep. Debra Kiel
Sen. Mary Kiffmeyer
Sen. Lyle Koenen
Andrew Lee (staff)
Sen. Ann Rest
Ron Soderberg (staff)
Sen. Dan Sparks
Sen. David Tomassoni
Mississippi
Rep. Larry Byrd
Mandy Davis (staff)
Sen. Deborah Dawkins
Robert Dowdle Jr. (staff)
Rep. Tyrone Ellis
Rep. Casey Eure
Sen. Thomas Gollott
Sen. Billy Hudson
Sen. Robert Jackson
Dwan Johnson (staff)
Rep. Robert Johnson III
Rep. John Thomas Lamar
Rep. Steve Massengill
Oona McKenzie (staff)
Rep. Alex Monsour
Rep. Ken Morgan
Rep. Bill Pigott
Sen. Willie Lee Simmons
Rep. Preston Sullivan
Sen. Brice Wiggins
Missouri
Rep. Sonya Anderson
Rep. Jay Houghton
Sen. Mike Kehoe
Sen. Brian Munzlinger
Rep. Randy Pietzman
Sen. Gary Romine
Rep. Clem Smith
Montana
Sen. Elsie Arntzen
Rep. Bob Brown
Rep. Geraldine Custer
Sen. Jennifer Fielder
Sen. Bradley Hamlett
Sen. Brian Hoven
Sen. Douglas Kary
Sen. Jim Keane
Rep. George Kipp III
Joe Kolman (staff)
Leanne Kurtz (staff)
Sen. Sue Malek
Sen. Mary McNally
Jason Mohr (staff)
Megan Moore (staff)
Sonja Nowakowski (staff)
Sue O'Connell (staff)
Sen. J.P. Pomnichowski
Rep. Christopher Pope
Rep. Bridget Smith
Hope Stockwell (staff) *
Helen Thigpen (staff)
Sen. Gordon Vance
Sen. Chas Vincent
Re. Kerry White
Rep. Kathleen Williams
Sen. Cynthia Wolken
Nebraska
Sen. Dave Bloomfield
Sen. Lydia N. Brasch
Sen. Curt Friesen
Kate Gaul (staff)
Sen. Ken Haar
Sen. Jerry Johnson
Sen. Tyson Larson
Sen. Ken Schilz
Sen. Dan Watermeier
Nevada
Assm. Richard Carrillo
Sen. Peter Goicoechea
Sen. Donald Gustavson
Assm. Ira Hansen
Sen. Mark Manendo
Assm. Heidi Swank
Assm. Robin Titus
New Hampshire
Rep. Robert Backus
Rep. Eric Eastman
Rep. Robert Introne
Michael Kane (staff)
Michael J. Landrigan
(staff)
Rep. John O’Connor
Rep. Sherman Packard
Kevin Ripple (staff)
Christopher Shea (staff)
Rep. Steven Smith
Rep. George Sykes
Rep. David Waters
New Jersey
Julius Bailey (staff)
Kevil Duhon (Staff)
Sen. Robert Gordon
Assm. Reed Gusicora
Judith L. Horowitz (staff)
Mark Magyar
New Mexico
Jon Boller (staff)
Sen. William F. Burt
Sen. Joseph Cervantes
Sen. Carlos R. Cisneros
Sen. Lee S. Cotter
Mark Edwards (staff)
Rep. Brian Egolf
Rep. Candy Ezzell
Rep. Bealquin Gomez
Rep. Roberto Gonzales
Sen. Ron Griggs
Sen. Stuart Ingle
Rep. Dona Irwin
Sen. Gay G. Kernan
Sen. Carroll H. Leavell
Rep. Ricky Little
Rep. Javier Martinez
Sen. Richard C. Martinez
Sen. George K. Munoz
Rep. Andrew Nunez
Sen. Mary Kay Papen
Sen. John Pinto
Sen. Cliff Pirtle
Sen. Nancy E. Rodriguez
Sen. John C. Ryan
Sen. Michael S. Sanchez
Rep. Larry Scott
Sen. William E. Sharer
Sen. Benny J. Shendo
Sen. John Arthur Smith
Rep. James Strickler
Rep. James Townsend
Sen. Peter F. Wirth
Sen. Pat Woods
Rep. Bob Wooley
New York
Assm. Kevin A. Cahill
North Carolina
Rep. John R. Bradford III
Rep. Richard Caitlin
Jeff Cherry (staff)
Timothy Dale (staff)
Rep. Jimmy W. Dixon
Rep. John A. Fraley
Wendy Graf Ray (staff)
Jeff Grimes (staff)
Sen. Rick Gunn
Rep. Susi H. Hamilton
Jeff Hudson (staff)
Sen. Brent Jackson
Peter Ledford (staff)
Rep. Patricia McElraft
Jennifer McGinnis (staff)
Rep. Chuck McGrady
Jennifer Mundt (staff)
Sara Nienow (staff)
Giles Perry (staff)
Chris Saunders (staff)
Rep. Lawrence
Yarborough
Rep. Lee Zachary Jr.
North Dakota
Sen. Bill L. Bowman
Sen. Randall Burckhard
Rep. Alan H. Carlson
Rep. Chuck Damschen
Sen. Robert S. Erbele
Rep. Glen Froseth
Rep. Craig Headland
Sen. David Hogue
Rep. Jerry G. Kelsh
Sen. Gary Lee
Rep. Dan J. Ruby
Rep. Vicky Steiner
Sen. Connie Triplett
Sen. Jessica Unruh
Ohio
Sen. Troy Balderson
Sen. Capri S. Cafaro
Sen. Lou Gentile
Sen. Frank LaRose
Sen. Thomas Patton
Sen. Michael Skindell
Sen. Joseph Uecker
Oklahoma
Rep. Lisa Billy
Kim Bishop (staff)
Rep. Mike Brown
Rep. David Brumbaugh
Rep. Josh Cockroft
Sen. Eddie Fields
Rep. Scott Inman
Rep. Charles Joyner
Sen. Ron Justice
Rep. Steve Kouplen
Rep. James Lockhart
Sen. Bryce Marlatt
Rep. Mark McBride
Mary J. Mitts (staff)
Rep. Lewis Moore
Rep. R.C. Pruett
Rep. Brian Renegar
Rep. Sean Roberts
Rep. Seneca Scott
Sen. Gary Stanislawski
Mark Tygret (staff)
Rep. Weldon Watson
Rep. Paul Wesselhoft
Brad Wolgamott (staff)
Oregon
Sen. William Hansell
Rep. Bradley Witt
Pennsylvania
Rep. Bryan Barbin
Eric Bugaile (staff)
Barry L. Denk (staff)
Rep. Jaret Gibbons
Rep. R. Ted Harhai
Rep. Nickolas Kotik
Sen. John Rafferty Jr.
Vincent J. Rossi (staff)
Puerto Rico
Sen. Pedro Rodriguez
Gonzalez
Carlos Ruiz Irizarry (staff)
Sen. Ramon Ruiz Nieves
Sen. Jorge Suarez
Caceres
Sen. Cirilo Tirado Rivera
P a g e 6 | 63
Rhode Island
Sen. Stephen Archambault
Rep. John Edwards IV
Sen. Gayle L. Goldin
Rep. Arthur Handy
Rep. Brian Kennedy
Sen. Frank Lombardo III
Sen. Joshua Miller
Sen. V. Susan Sosnowski
South Carolina
Paula G. Benson (staff)
Sen. Ray Cleary III
Rep. Heather Crawford
Rep. Chandra Dillard
Sen. Lawrence K. Grooms
Rep. David Hiott
Gene Hogan (staff)
Sen. Joel B. Lourie
Rep. Russell Ott
Rep. Michael Pitts
Sen. Luke Rankin Sr.
Jane Shuler (staff)
Rep. F. Michael Sottile
Sen. Daniel B. Verdin III
South Dakota
Sen. Gary L. Cammack
Rep. Justin R. Cronin
Rep. Mary Duvall
Sen. Bob Ewing
Rep. Dennis Feickert
Sen. Jason Frerichs
Sen. Jenna Haggar
Rep. Alex Jensen
Sen. Kevin Killer
Sen. Debra Peters
Sen. Jim Peterson
Sen. Larry Tidemann
Sen. Mike Vehle
Rep. Dick Werner
Reo. Larry Zikmund
Tennessee
Sen. Mike Bell
Rep. Curtis Halford
Sen. Thelma Harper
Stephanie Jarnagin (staff)
Rep. John D. Ragan
Sen. Steve Southerland
Sen. Jim Tracy
Callan Wilkerson (staff)
Sen. Ken Yager
Texas
Rep. Roberto Alonzo
Rep. Charles Anderson
Jessie Coulter (staff)
Sen. Brandon Creighton
Rep. Yvonne Davis
Nicholas De La Garza
(staff)
Cindy Ellison (staff)
Rep. Allen Fletcher
Jennifer Jones (staff)
Rep. Jim Keffer
Sarah Kirkle (staff)
Rep. Armando Martinez
Barrett McPhaul (staff)
Sen. Jose Menendez
Rep. Borris Miles
Rep. Larry Phillips
Rep. Joseph C. Pickett
Rep. Ron Reynolds
Rep. Wayne Smith
Jennifer Stewart (staff)
Katharine Teleki (staff)
Patrick Tyler (staff)
Lisa Weatherford (staff)
U.S. Virgin Islands
Sen. Marvin Blyden
Sen. Clifford Graham
Sen. Terrence Nelson
Utah
Rep. Johnny Anderson
Rep. Patrice Arent
Rep. Melvin Brown
Rep. Kay Christofferson
Sen. Jim Dabakis
Sen. Margaret Dayton
Ivan Djambov (staff)
Rep. Gage Frorer
Rep. Stephen Handy
Rep. Lynn Hemingway
Sen. David P. Hinkins
Sen. Peter Knudson
Rep. Mike McKell
Rep. Michael Noel
Angela Oh (staff)
Sen. Ralph Okerlund
Rep. Lee B. Perry
Rep. Marc Roberts
Sen. Brian Shiozawa
Rep. Keven Stratton
Sen. Kevin T. Van Tassell
Vermont
Aaron Adler (staff)
Rep. Timothy Corcoran II
Rep. David Deen
Daniel Dickerson (staff)
Helena Gardner (staff)
Rep. Anthony Klein
Rep. Richard Lawrence
Rep. Curtis McCormack
Michael O’Grady (staff)
Rep. Carolyn Partridge
Rep. Dave Potter
Neil Schickner (staff)
Rep. Kathryn Webb
Virginia
Del. Richard Anderson
Sen. Richard Black
Sen. Bill Carrico Sr.
Clyde E. Cristman (staff)
Sen. John Edwards
Harold E. Greer (staff)
Sen. Emmett Hanger Jr.
Robie Ingram (staff)
Del. Terry Kilgore
Sen. Lynwood Lewis Jr.
Sen. Dave W. Marsden
Sen. Stephen D. Newman
Sen. Thomas Norment Jr.
Anne Oman (staff)
Del. Robert D. Orrock Sr.
Sen. J. Chap Petersen
Jason Powell (staff)
Sen. Frank M. Ruff Jr.
Sen. William Stanley
Sen. Richard Stuart
Rep. David J. Toscano
Sen. Frank W. Wagner
Alan B. Wambold (staff)
Del. R. Lee Ware Jr.
Washington
Jason Callahan (staff)
Sen. Maralyn Chase
Rep. Jake Fey
Rep. Joe Fitzgibbon
Sen. John McCoy
Rep. Jeff Morris
Rep. Ed Orcutt
Beth Redfield (staff)
Meg VanSchoorl (staff)
Gary Wilburn (staff)
West Virginia
Del. Bill Anderson Jr.
Del. Mick Bates
Seth Gaskins (staff)
Del. Marty Gearheart
Del. Lynwood Ireland
Sen. Robert Karnes
Ryan Simms (staff)
Noelle Starek (staff)
Sen. Robert Williams
Wisconsin
Anne Henning (staff)
Larry Knopacki (staff)
Sen. Christopher Larson
Rachel Letzing (staff)
Steven McCarthy (staff)
Sen. Mark Miller
David Moore (staff)
Mary Pfotenhauer (staff)
Michael Queensland (staff)
Rep. Romaine Quinn
Wyoming
Josh Anderson (staff)
Sen. Floyd A. Esquibel
Rep. Michael Greear
Sen. Larry Hicks
Sen. Curt Meier
Anna Mumford (staff)
Matthew Obrecht (staff)
Ian Shaw (staff)
Sen. Michael Von Flatern
Rep. Thomas Walters
Rep. Daniel Zwonitzer
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NATURAL RESOURCES AND INFRASTRUCTURE
COMMITTEE AGENDA
Co-Chairs:
Delegate Sally Jameson, Maryland
Senator Cam Ward, Alabama
Legislative Staff Co-Chairs:
David Beaujon, Colorado
Linda Hay, Alaska
Vice Chairs:
Senator Elsie Arntzen, Montana
Representative Justin Cronin, South Dakota
Representative Rick Hansen, Minnesota
Senator Rita Hart, Iowa
Senator Clarence Nishihara, Hawaii
Representative Ed Orcutt, Washington
Representative Dan Saddler, Alaska
Senator Mike Vehle, South Dakota
Legislative Staff Vice Chairs:
Brian Brown, California
Gene Hogan, South Carolina
Jace Mikels, Iowa
Rex Shattuck, Alaska
**All meetings will take place at the McCormick Place West unless otherwise noted. **
Sunday, August 7
8 a.m. – 1 p.m.
Room W183 b
Level 1
Energy Supply Task Force
12:30 – 10 p.m.
Offsite
Agriculture Task Force
1:30 – 5 p.m.
Room W183 a
Level 1
Energy Policy Summit
Contact [email protected] for more information
Monday, August 8
7:30 – 11:45 a.m.
Room W179 b
Level 1
Agriculture Task Force
8:00 – 11:45 a.m.
Room W194 b
Level 1
Multisector P3 Partnership
8 a.m. – 12:45 p.m.
Room W183 a
Level 1
Energy Summit
Hear national experts and state leaders discuss emerging policy issues
surrounding the expanding P3 industry and its potential role in helping
strengthen public infrastructure assets in arenas as diverse as water, energy,
higher education, transportation and others. Contact
[email protected] for more information
Continued from Sunday - Contact [email protected] for more
information
P a g e 8 | 63
12– 4 p.m.
NRI Committee Site Visit
Offsite
(NRI Members Only)
Open exclusively to NRI Committee members
5:30 – 7 p.m.
McCormick Place
Networking Reception
Passenger and Freight Rail Tour – Take a ride on METRA to Union
Pacific’s Proviso rail yard where committee members will get a rail safety,
engineering and hazmat briefing. Following the briefing, members will tour
the rail equipment and hump yard. Committee members, contact
[email protected] to reserve a spot.
Tuesday, August 9
7:30 – 8:45 a.m.
Room W179 a
Level 1
Food & Farm Breakfast
The United States and Canada enjoy the largest bilateral trading relationship
in the world, which includes more than $50 billion in agriculture and food
trade. Join us for a full breakfast briefing from Roy Norton, the consul
general in Chicago, about how this bilateral trade directly creates jobs and
economic opportunities in both the United States and Canada, builds on our
respective efficiencies and creates a more competitive and integrated
agriculture and food industry.
Moderator:
Sen. Rita Hart, Co-Chair NCSL Agriculture Task Force
Speaker:
Marcy Grossman, Consul General, Consulate General of Canada in Denver
Hot breakfast sponsored by ADM
9 – 10:30 a.m.
Room W184 b & c
Level 1
NRI Committee Business Meeting
10:45 a.m. – Noon
Room W179 a
Level 1
Nuclear Nexus
Debate and vote on policies that guide NCSL's advocacy work in
Washington D.C.
Nearly 100 commercial nuclear reactors in the U.S generate almost 20
percent of the nation’s electricity. But energy technology, fuel prices and the
Clean Power Plan are changing economics and prompting some reactors to
shut down. Explore market structures, decommissioning, and compliance
with new government regulations as the nation undergoes the largest energy
transition in generations.
Speakers:
Alex Flint, Senior Vice President of Government Affairs, Nuclear Energy
Institute
Kathleen Barron, Senior Vice President of Federal Regulatory Affairs,
Exelon Corporation
Andrew Ott, President and Chief Executive Officer, PJM Interconnection
12:15 – 1:30 p.m.
Room W179 a
Level 1
SmartLabel™ – Delivering Transparency to Consumers
It's no secret that consumers are demanding to know more about the products
they buy and consume, from food and beverages to body lotion and laundry
detergent. Meanwhile, policymakers at the federal and state levels are
engaged in conversations regarding the future of food and beverage product
labeling. Join the Natural Resources and Infrastructure Committee for a
P a g e 9 | 63
briefing from Pennsylvania Senator Rob Teplitz and The Hershey Company
regarding the new industry product transparency tool, SmartLabel™.
SmartLabel™ is a mobile and digital tool that delivers detailed product
information to consumers on demand across food, beverage, personal care
and household care categories. Consumers can instantly access information
about product ingredients, allergens, certifications, nutrition details, usage
guides and much more to make better decisions for their families.
Speaker:
Deborah Arcoleo, Director, Product Transparency at The Hershey Company
Lunch sponsored by The Hershey Company
1:45 – 3:15 p.m.
Room W179 a
Level 1
Gearing Up: Transportation Funding for the Future
Fuel economy standards are set to increase through 2025, more electric and
alternative vehicles are on the road, and transportation mobility is
changing. Is it time to reevaluate how states collect transportation revenues?
Examine how these changes could impact the future of transportation
funding and emerging policies states are considering to meet transportation
infrastructure needs.
Speakers:
Bill Kramer, Policy Director, Council of State Chambers
Rep. Charles Busby, Mississippi
Rep. Leslie A. Combs, Kentucky
Del. Tawanna P. Gaines, Maryland
Sen. Wayne Harper, Utah
3:30 – 5 p.m.
Room W179 a
Level 1
TSCA Reform: Modernizing 40-Year Old Legislation
With the approval of Congress and the president's signature, the Toxic
Substance Control Act (TSCA) is significantly updated from its initial
version, first passed more than 40 years ago. While giving EPA new powers
to regulate chemicals in commerce, the bill also has significant impacts on
states, which had become the de facto primary regulators over the past
decade. Join the discussion to learn how the new bill will affect both your
state and the private sector.
Speakers:
Jim Jones, U.S. Environmental Protection Agency, Washington, D.C.
Rudy Underwood, American Chemistry Council, Washington, D.C.
John Stine, Minnesota Pollution Control Agency, Minnesota
Wednesday, August 10
8:30 – 10:30 a.m.
Room W181 a, b & c
Level 1
The Future Is Near: Revolution of the Roadways
A brave new transportation world is on the horizon where autonomous
vehicles are at our service with a tap of a mobile device, traffic fatalities
could be drastically reduced, and new partnerships pave the way for a
radically different mode of travel. However, this transition to the future is
complicated, requiring legislatures, agencies and industry to invest in
vehicle-to-everything technology and infrastructure for safer and more
consumer and energy friendly roads and highways.
Speakers:
Sen. Jeffrey P. Brandes, Florida
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Sen. Mo Denis, Nevada
Bernard Soriano, California Department of Motor Vehicles, California
Kirk Steudle, Michigan Department of Transportation, Michigan
9:15 – 10:30 a.m.
Room 185 b & c
Level 1
Crystal Clear? State Efforts to Improve Water Planning
Water makes news, whether it’s the algae bloom on Lake Erie, storm water
runoff, lead poisonings in Flint, or suits against upstream counties. States are
working to bring together the agriculture industry, urban areas and clean
water advocates to address efforts to maintain healthy water resources, and
consider future demand and supply of this important resource.
Moderator:
Tom Curtis, former Deputy Executive Director, American Water Works
Association, Washington, D.C.
Speakers:
John Covington, U.S. Environmental Protection Agency, Washington, D.C.
Greg Diloreto, American Society of Civil Engineers, Oregon
Chris Kolb, Michigan Environmental Council, Michigan
10:35 a.m. – 12:30
p.m.
Room W375 e
Level 3
12:30 – 1:20 p.m.
Hall F 1
Level 3
1:00 – 5:00 p.m.
Offsite
NCSL Business Meeting
All legislators and legislative staff are encouraged to attend the Business
Meeting and consider Policy Directives and Resolutions that will guide
NCSL's advocacy efforts before Congress and the administration,
amendments to the Bylaws and Rules of Procedure, election of NCSL
officers and approval of the Conference budget. All other meeting
participants are welcome to observe.
Exhibit Hall Luncheon
Zion Nuclear Power Station – Decommissioning Tour
NCSL invites you to participate in an afternoon tour of the Zion Nuclear
Power Station, hosted by EnergySolutions. The Zion facility was
permanently shut down in 1998 and is currently is in the process of
decommissioning. The Zion plant once served Chicago and the northern
quarter of Illinois. If you are interested in participating in this tour, please
contact Kristy Hartman ([email protected]; 303-856-1509).
1:30 – 2:30 p.m.
Room W375 a, b & c
Level 3
General Session
2:45 – 4:45 p.m.
Room W176 a
Level 1
Natural Disasters: Planning, Preparing and Paying For Them
As the frequency and severity of natural disasters increases, so do the
potential budget impacts. From planning and mitigation to response,
recovery and restoration, states must juggle a complex set of priorities.
Engage with peers on the front lines of natural disaster planning and experts
with information to help you prepare for this growing threat.
Speakers:
Bryan Koon, National Emergency Management Association, Kentucky
Stephanie Tennyson, FEMA Office of External Affairs Washington, D.C.
P a g e 11 | 63
6:30 – 10 p.m.
Illinois Signature Event: Field Museum
Thursday, August 11
6:30 – 8 a.m.
Offsite
Bipartisan Bike Ride
8 – 9:15 a.m.
Room W192 a, b & c
Level 1
Republican and Democrat Breakfasts.
Republican Breakfast Speaker: Jeanine Pirro, Host of Fox News Show
“Justice with Judge Jeanine”
Democratic Breakfast Speaker: Amanda Renteria, Hillary for America,
New York
9:30 – 10:30 a.m.
Room W185 b & c
Level 1
Cybersecurity Showdown: Challenges and Strategies for States
Cyber threats have enormous implications for government security,
economic prosperity and public safety. In rapid fire blasts, learn about key
cybersecurity issues and perspectives: government, financial and consumer
data, water and energy threats, IT security and law enforcement challenges—
all with an eye toward collaborative strategies to combat these elusive and
ever evolving threats.
Moderator:
Rep. Max Tyler, Colorado
Speakers:
Andrew Bochman, Idaho National Laboratory, Idaho
Joe Demarest, Ernst & Young LLP, New York
Ashwini Jarral, IJIS Institute, Virginia
10:45 a.m. – Noon
Room W185 b & c
Level 1
The Electric Grid Revolution and The Clean Power Plan
Despite the Supreme Court stay of EPA’s carbon regulations, states are
considering a range of potential energy futures based on new technologies
and dramatically lower prices for natural gas and renewables. Hear leading
energy analysts discuss how states can harness these changes to spark
innovation, drive job growth and modernize electric grids, and how it will
impact the state economies, jobs and citizens.
Speakers:
Kari Bennett, Midcontinent Independent System Operator, Inc., Indiana
Christopher Van Atten, MJ Bradley & Associates, Washington, D.C.
Francisco de la Chesnaye, Electric Power Research Institute, California
12:15 – 1:45 p.m.
Room W375 a, b & c
Level 3
Closing General Session Lunch
P a g e 12 | 63
NRI COMMITTEE ONLINE RESOURCES
Updated July 21, 2016
The NCSL Natural Resources & Infrastructure Committee (NRI) is pleased to notify you of our updated
website, where you can find up-to-date committee information and resources at any time.

COMMITTEE HOMEPAGE: Overview page for the NRI Committee including links to specific resource
pages (listed below) and timely news alerts

COMMITTEE POLICIES): All state-federal policies that have been approved by the committee, used
for NCSL’s advocacy in Washington, D.C.

NRI COMMITTEE AND CONGRESS: Regularly updated collection of letters and testimonies sent to
the U.S. Congress, related to NRI Committee policy

NEWSLETTERS: 3 monthly Federal Updates covering energy & ag; environment and transportation
issues and two monthly state-federal policy newsletters on transportation (the Transporter) and energy
(Plugged In).

INFO ALERTS & ARCHIVES: A one-stop-shop for all NRI Committee-related info alerts (concise
informational briefs on breaking news of interest to our committee)

MEETING RESOURCES: Information from recent NCSL meetings—including agendas, presentations
from our sessions (when available) and other resources of interest—plus details about upcoming
events

NATURAL RESOURCES & INFRASTRUCTURE BILL-TRACKING DATABASES: A series of up-todate databases that track legislation introduced in all 50 states, the District of Columbia and Puerto
Rico:
o
ENVIRONMENT/ENERGY (www.ncsl.org/default.aspx?tabid=13011)
o
TRANSPORTATION (www.ncsl.org/default.aspx?tabid=25720)
o
AGRICULTURE (www.ncsl.org/default.aspx?tabid=18718)
P a g e 13 | 63
NCSL NATURAL RESOURCES AND INFRASTRUCTURE COMMITTEE
BUSINESS MEETING AGENDA
Tuesday, August 9, 2016
9:00 a.m. - 10:30 a.m. │Room W 184 B & C, Level 1
 Overview & Review of Procedures
 Consideration of (listed in order of consideration):
o Existing Policy Resolutions
 Avian Flu Response
 Climate Change
 Cover Crop Research
 Pollinator Health
 Wildfire Funding
o Proposed Policy Resolutions
 Examination of the Proposed Merger Between Dow Chemical and
DuPont
 State Sovereignty in Air Ambulance Regulations
o Proposed Amendments to Existing Policy Directives
 Air Policy
 Environmental Federalism
 Federal Land Policy Management Act
 Water Policy
 Waterways and Ports
P a g e 14 | 63
POLICY SUMMARIES
The Natural Resources and Infrastructure Committee will consider the following policy directives and
resolutions at the 2016 Legislative Summit:
Existing Policy Resolutions for Reconsideration
Avian Flu Response: This resolution expresses concern with the recent outbreak of avian flu in
various states, and urges the federal government to work with states to help stop the outbreaks and
prevent contamination.
Climate Change: This resolution focuses on the state-federal relationship for the funding,
development, and regulation of air emissions and their potential impact on the climate.
Cover Crop Research: This resolution urges the federal government to support efforts to further the
development of and proliferation and use of cover crops.
Pollinator Health: This resolution expresses support for federal efforts to protect pollinators.
Wildfire Funding: This resolution urges the federal government to address budget issues for wildfire
suppression and supports funding wildfires as natural disasters.
Proposed Policy Resolutions
Examination of the Proposed Merger Between Dow Chemical and DuPont: This new resolution
would urge the Antitrust Division of the United States Department of Justice to carefully examine the
proposed merger between Dow Chemical and DuPont in order to protect state economic output from
the negative effects of excessive consolidation.
State Sovereignty in Air Ambulance Regulation: This new resolution urges Congress to amend
the Airline Deregulation Act in order to provide states the authority to enforce insurance regulations
on air ambulance providers to protect consumers.
Proposed Amendments to Existing Policy Directives
Air: These include a set of proposed staff amendments as well as one proposed amendment
concerning the allocation of federal funding to states based on solar energy standards and net
metering policies. The existing directive pertains to the implementation of the Clean Air Act by the
U.S. Environmental Protection Agency (EPA).
Environmental Federalism: These include a set of proposed staff technical changes to update the
directive as well as one proposed amendment pertaining to federal trade agreements that usurp state
authority. The existing directive focuses the state-federal partnership for environmental protection.
Land Management: This is a set of proposed staff amendments to update the existing policy
directive which focuses on urging all federal agencies involved in the management of public lands to
incorporate within their policies and regulations, provisions for a continuous and cooperative
involvement of state governments in public lands policy and public lands management
P a g e 15 | 63
Water: This includes a set of proposed staff amendments, as well as one amendment emphasizing
the prioritization of water quality from nutrient pollution in the Mississippi River basin, while also
calling on the federal government to assist groups of state legislators focused on the attainment of
clean water. The existing policy directive focuses on the establishing the appropriate role for the
federal government of water resources management.
Waterways and Ports: This is a proposed amendment to an existing policy directive that both
removes existing language on increased user fees as Congress included in its FY 2015 Omnibus,
and replaces it with language supporting increased appropriations from the Inland Waterways Trust
Fund to commensurate with the increasing revenue.
P a g e 16 | 63
NCSL Standing Committee on Natural Resources and
Infrastructure
Policy Directives and Resolutions
2016 NCSL Legislative Summit
Chicago, Illinois
Table of Contents
AVIAN FLU RESPONSE .................................................................................................. 18
CLIMATE CHANGE .......................................................................................................... 20
COVER CROP RESEARCH ............................................................................................. 24
POLLINATOR HEALTH ................................................................................................... 25
WILDFIRE FUNDING ........................................................................................................ 27
EXAMINATION OF THE PROPOSED MERGER BETWEEN DOW CHEMICAL AND
DUPONT
.................................................................................................................. 29
STATE SOVEREIGNTY IN AIR AMBULANCE REGULATION ....................................... 31
AIR POLICY
.................................................................................................................. 32
ENVIRONMENTAL FEDERALISM ................................................................................... 40
FEDERAL LAND POLICY MANAGEMENT ACT ............................................................. 45
WATER
.................................................................................................................. 49
WATERWAYS AND PORTS ............................................................................................ 59
1
COMMITTEE:
2
POLICY:
AVIAN FLU RESPONSE
3
TYPE:
RESOLUTION
4
A resolution of the National Conference of State Legislatures, expressing support for
5
federal efforts to increase funding for avian flu research and vaccine development efforts.
6
WHEREAS, US farmers, poultry processing and food production plants supply a significant
7
portion of poultry products consumed nationally and internationally; and
8
WHEREAS, agriculture is a key driver of rural and state economies and the tremendous
9
productivity of United States farmers benefits the national economy and the country's
10
international trade balance; and
11
WHEREAS, the highly pathogenic avian influenza (HPAI) H5N1 strain is a new mixed-
12
origin virus that combines the H5 genes from the Asian HPAI H5N1 virus with N genes
13
from native North American avian influenza viruses found in wild birds; and
14
WHEREAS, according to the USDA, since December 2014, confirmed cases of HPAI H5
15
have been reported in the Pacific, Central, and Mississippi flyways (or migratory bird
16
paths). The disease has been found in wild birds, as well as in a few backyard and
17
commercial poultry flocks. The Centers for Disease Control and Prevention (CDC)
18
considers the risk to people from these HPAI H5 infections to be low; and
19
WHEREAS, 223 detections of HPAI H5 have been reported across 15 states, with the
20
Midwest being hit the hardest, affecting over 48 million birds; and
21
WHEREAS, farmers and agriculture related businesses have seen significant losses in
22
revenue and workers have been laid off or subject to reduced work hours; and
23
WHEREAS, according to USDA statistics, nationwide, over 11% of the nation’s laying
24
hens and over 3% of the nation’s annual turkey production have been impacted to date,
BACK TO THE TABLE OF CONTENTS
18 | P a g e
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resulting in a significant threat to United States agriculture and the ability of our farmers to
26
feed a growing world population; and
27
WHEREAS, state and federal governments have invested millions of dollars to address the
28
fallout associated with H5N1 and find solutions to the virus; and
29
WHEREAS, the USDA Agricultural Research Service (ARS), Southeast Poultry Research
30
Lab (SEPRL) is working to evaluate and develop avian influenza (AI) vaccines; and
31
WHEREAS, the National Conference of State Legislatures (NCSL) recognizes the serious
32
threats posed by the HPAI outbreak and the key role that the federal government plays in
33
harnessing resources and providing assistance to farmers and others affected by the virus,
34
NOW, THEREFORE, BE IT RESOLVED by the NCSL that it fully supports recent federal
35
efforts to protect poultry production and the nation’s food supply by aggressively working to
36
contain and remediate outbreaks when they occur. NCSL also supports federal efforts to
37
serve as technical advisors and the clearinghouse of information for all sectors, and
38
investigating ways to stop the spread of the virus.
39
BE IT FURTHER RESOLVED, that the NCSL strongly encourages the federal government
40
to increase the funding necessary for state and federal agencies to continue development
41
of biosecurity containment strategies, time sensitive approaches to sharing information,
42
and more aggressive research into what is causing avian influenza, why some fowl are
43
more susceptible, and prevention measures, including the development of vaccines, that
44
can be taken.
45
BE IT FURTHER RESOLVED, federal agencies should work closely with the states to
46
align HPAI efforts and share best practices.
47
BE IT FURTHER RESOLVED that NCSL and the states are willing partners in the federal
48
government's HPAI efforts and will closely monitor federal actions and progress on these
49
and related efforts of utmost importance to the states and our nation's food supply, rural
50
agriculture economies, environment, and natural resources.
19 | P a g e
1
COMMITTEE:
2
POLICY:
CLIMATE CHANGE
3
TYPE:
RESOLUTION
4
NCSL urges the federal government to consult with state elected officials, their national
5
representative organizations and existing interstate partnerships in developing a federal
6
program. As Congress and the administration examine proposals for reducing greenhouse
7
gas emissions, the National Conference of State Legislatures encourages the federal
8
government to always take the following principles into account:
9

Federal action should be flexible, allowing for a range of complementary strategies
10
at the state and federal level maintaining a strong role for state, local and tribal
11
government in any federal action.
12

Federal legislation should provide states the authority and flexibility to work within
13
an overall framework; to apply the law effectively to all sources of emissions and
14
ensure achievement of climate change goals in the most cost effective, timely and
15
efficient manner for each state.
16

Federal legislation should not preempt state or local governments from enacting
17
policy options that differ from federal choices or from enacting stricter or stronger
18
measures within their jurisdiction.
19

Federal legislation should afford states the flexibility to form regional cooperatives
20
and implement innovative policies that advance federal efforts to reduce the effects
21
of climate change.
22

Congress must authorize and appropriate sufficient funds for federal, state and local
23
governments to implement any federal legislation. These funds should be newly
24
authorized appropriations, not reprogrammed resources.
20 | P a g e
25

Federal legislation should ensure state legislative authority in any federal climate
26
change legislation and affirm the active role played by state legislatures in both
27
fiscal and substantive aspects of state policymaking.
28

Federal legislation providing for the allocation of greenhouse gas reduction
29
programs to states should include language making decisions related to such
30
allowances subject to state legislative approval.
31
NCSL urges the federal government, should it choose to act on this issue, to take into
32
account the following principles regarding program design components:
33

Any national system must include short, medium and long-term goals and
34
incorporate a rigorous oversight program that provide for ongoing study and
35
analysis of the system to ensure it is achieving intended goals.
36

A new national program should serve to address uncertainties that are hampering
37
investment in generation, transmission and distribution and enhance the likelihood
38
that appropriate technologies will be developed and other solutions implemented so
39
as to achieve the desired reductions in GHG emissions in the most economical
40
manner possible.
41

including, but not limited to, equity, economic efficiency and ease of administration.
42
43
Federal legislation should be designed appropriately to balance competing criteria,

Revenue derived from a greenhouse gas reduction program should be directed to
44
complimentary policies focused on mitigating climate change consumer costs
45
including but not limited to energy research & development, weatherization,
46
conservation and energy efficiency activities.
47

A national program to reduce GHG emissions must also address adaptation issues.
48

Auctioning of allowances may be the most economically efficient mechanism for
49
achieving a GHG emissions reductions goal. However, the allocation of emissions
50
allowances at no cost can serve as an appropriate transition measure necessary to
51
ensure continued reliability, minimize economic dislocation resulting from the
21 | P a g e
52
carbon intensity of the existing infrastructure, and allow for development and
53
deployment of needed new technologies and measures to reduce emissions.
54

Priority distribution of allowances at no cost should be to those entities in affected
55
sectors where existing regulatory structure provides the necessary oversight to
56
ensure that the value of such allowances is accounted for in establishing price rates
57
for consumers.
58

The allocation of greenhouse gas reduction program to states under a federal
59
greenhouse gas reduction program should include language making decisions
60
related to such allowances subject to state legislative approval.
61

The establishment of any new federal program should include provisions for
62
transparent reporting and accountability and incorporate the use of third party
63
verification to ensure reported outcomes are verifiable.
64
Unintended Consequences
65
NCSL believes that federal legislation regarding the reduction of greenhouse gases should
66
take into account the implications of actions and/or inactions on economic development,
67
energy security, and those most vulnerable citizens. Evaluation should include the life
68
cycle impacts of policy options including ancillary impacts.
69
NCSL believes that federal legislation should require continuing assessments of the
70
potential impacts to the United States of climate change, by state or region including
71
effects on water resources, agriculture, infrastructure, natural systems, environmental
72
quality, public health, biodiversity and the cultures of our native peoples. Such an
73
assessment will support the development of domestic and international adaptation-
74
mitigation strategies. The Environmental Protection Agency (EPA) should provide funding
75
and assist states in developing assessments and adaptation plans at the state and
76
regional level.
77
NCSL also urges the federal government to fully consider how legislation will affect low-
78
income households that already struggle to balance needs and expenses. NCSL
79
encourages the federal government to expand and enhance long-term funding for the
22 | P a g e
80
Department of Energy's Weatherization Assistance Program and to ensure that any new
81
federal program does not undermine existing federal, state and private sector energy
82
assistance and outreach programs that assist our most vulnerable citizens.
83
Research and Development
84
NCSL strongly urges the federal government to authorize and appropriate funding and
85
provide other incentives to spur expanded research and development (R&D), as well as
86
advance the demonstration and deployment of new and existing technologies to improve
87
energy efficiency, advance mitigation strategies and reduce greenhouse gas emissions.
88
NCSL urges the federal government:
89

advancements cannot be predicted.
90
91
To ensure that legislation not limit the diversity of technologies supported, as future

To take into account state and regional differences, and not limit or specify the
92
technologies used in each state and ensure sufficient flexibility for each State to
93
determine how to best achieve nationally-set goals.
94
95

To promote current and future innovations and expand the use of such technology
through R&D transfer agreements with other countries.
23 | P a g e
1
COMMITTEE:
2
POLICY:
COVER CROP RESEARCH
3
TYPE:
RESOLUTION
4
WHEREAS, growing concerns about water quality, soil fertility, weed control, nematode
5
control, water retention and biodiversity; and
6
WHEREAS, farmers need real solutions to solve concerns and maintain yields and profits,
7
WHEREAS, cover crops have proven to increase yields in university studies as well as in
8
replicated farm research on real-world field plots; are an increasingly popular way to keep
9
soil healthy; help reduce the need for N and other nutrients, and create a healthier soil
10
environment that resists disease and pests; inhibit weed growth by shading them out, by
11
preventing emergence, and by compounds exuded by the roots; are shown to reduce
12
populations of pathogenic nematodes and encourage populations of beneficial ones; break
13
up soil compaction whether it is naturally occurring or a result of heavy cultivation and
14
tillage; add diversity to the natural biological life in heavily farmed soils, often working in
15
synergy with cash crops for bottom line benefits; add diversity to the natural biological life
16
in heavily farmed soils, often working in synergy with cash crops for bottom line benefits.
17
RESOLVED, that the National Conference of State Legislatures supports federal efforts to
18
further the development of and proliferation and use of cover crops.
19
BE IT FURTHER RESOLVED, that this resolution be submitted to appropriate federal
20
officials and the U.S. Congress.
24 | P a g e
1
COMMITTEE:
2
POLICY:
POLLINATOR HEALTH
3
TYPE:
RESOLUTION
4
A resolution of the National Conference of State Legislatures Natural Resources and
5
Infrastructure Committee, recognizing the importance of pollinators, stressing the negative
6
ramifications of continued pollinator loss, and expressing support for federal efforts to
7
protect pollinators.
8
WHEREAS, farmers depend on pollinator species such as bees, ants, butterflies, birds
9
and bats to successfully produce approximately one third of all United States agricultural
10
output; and
11
WHEREAS, in addition to food, pollinators also are vital to the production of fibers, edible
12
oils, medicines, and other products; and
13
WHEREAS, urban and rural beekeepers play an important role in state and federal
14
agricultural production; and
15
WHEREAS, agriculture is a key driver of rural and state economies and the tremendous
16
productivity of United States farmers benefits the national economy and the country's
17
international trade balance; and
18
WHEREAS, pollinator loss poses a significant threat to United States agriculture and the
19
ability of our farmers to feed a growing world population; and
20
WHEREAS, pollinators are essential organisms in the ecosystems that provide
21
biodiversity, recreation and enjoyment for people and habitat for wild plants and animals;
22
and
23
WHEREAS, the National Conference of State Legislatures (NCSL) recognizes the serious
24
threats posed by pollinator loss and the key roles that the federal government plays as
25
landowner and manager, regulator of pesticide products, and financial and technical
26
assistance provider to farmers and other private landowners; NOW, THEREFORE,
25 | P a g e
27
BE IT RESOLVED by the NCSL Natural Resources and Infrastructure Committee that it
28
fully supports recent federal efforts to: develop best management practices and enhance
29
pollinator habitat on federally owned or managed lands; incorporate pollinator health as a
30
component of all future federal restoration and reclamation projects; revise guidance
31
documents for designed landscapes and public buildings in order to incorporate pollinator-
32
friendly practices; increase both the acreage and forage value of pollinator habitat in the
33
Conservation Reserve Program and other federal conservation programs; provide
34
technical assistance in collaboration with land-grant university-based cooperative
35
extension services to federal departments and agencies, state, local, and tribal
36
governments, and other entities and individuals including farmers and ranchers; assist
37
states and state wildlife organizations, as appropriate, in identifying and implementing
38
projects to conserve pollinators through the revision and implementation of State Wildlife
39
Action Plans; assess the effects of systemic pesticides and parasites on bee and other
40
pollinator health and take corresponding action, as appropriate, to protect pollinators from
41
pesticides and parasites; and take immediate measures to support pollinators with proper
42
habitat and nutrition during the current growing season and thereafter, including planting
43
pollinator-friendly vegetation, increasing flower diversity in plantings, limiting mowing
44
practices, and reduce or avoid, when necessary, the use of pesticides in sensitive
45
pollinator habitats through the use of integrated vegetation, pest and colony management
46
practices.
47
BE IT FURTHER RESOLVED that states work closely with affected individuals and serve
48
as laboratories of innovation in problem solving and policy making. Federal agencies
49
should work closely with the states to align pollinator protection efforts and share best
50
practices.
51
BE IT FURTHER RESOLVED that NCSL and the states are willing partners in the federal
52
government's pollinator protection efforts and will closely monitor federal actions and
53
progress on these and related efforts of utmost importance to the states and our nation's
54
food supply, urban and rural agriculture economies, environment, and natural resources.
26 | P a g e
1
COMMITTEE:
2
POLICY:
WILDFIRE FUNDING
3
TYPE:
RESOLUTION
4
A resolution of the National Conference of State Legislators urging the federal government
5
to address insufficient budget mechanisms for wildfire suppression and expressing support
6
for federal efforts to fund catastrophic fires as natural disasters.
7
WHEREAS, Wildfire suppression costs have increased dramatically in the last decade;
8
WHEREAS, In the past two years, the U.S. Forest Service has had to transfer more than
9
$1 billion from other programs within the agency to pay for fighting wildfires;
10
WHEREAS, these fire transfers deplete resources from vital fire prevention and mitigation
11
programs, including forest restoration and management activities to reduce future fire risk;
12
WHEREAS, increased fire activity can have substantially negative impacts on air quality,
13
water quality, greenhouse gas emissions as well as reduce downstream water storage as
14
sediment runoff lowers the effective level of dams and reservoirs;
15
WHEREAS, reduced restoration and mitigation funding also makes it easier for invasive
16
pests and diseases to infest vulnerable forests;
17
WHEREAS, anticipated changes in climate will also cause fire risk to escalate in drought-
18
ridden regions, further increasing wildfire suppression costs; and
19
WHEREAS, federal funding for wildfire suppression is currently allocated using the 10-year
20
average cost for wildfire suppression activities; and
21
WHEREAS, the National Conference of State Legislators (NCSL) recognizes that wildfires
22
must be managed on a regional basis and that increased risk for wildfires on federal lands
23
ultimately will lead to increased costs for state wildfire programs.
24
BE IT RESOLVED…. That NCSL urges Congress to address the budget structure of
25
wildland fire accounts. NCSL believes that any federal policy on wildfires should minimize
27 | P a g e
26
the risk of fire transfers from prevention and mitigation programs and support federal
27
actions that would fund catastrophic wildfires similar to natural disasters.
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1
COMMITTEE:
2
3
POLICY:
EXAMINATION OF THE PROPOSED MERGER
BETWEEN DOW CHEMICAL AND DUPONT
4
TYPE:
NEW RESOLUTION
5
A resolution of the National Conference of State Legislatures, urging the federal
6
government to carefully examine a proposed merger of agricultural input companies.
7
WHEREAS, America's farmers provide food, fiber, and fuel for this nation and a growing
8
world population; and
9
WHEREAS, farmers currently face significant financial challenges due to low commodity
10
prices and no commensurate reduction in cost for inputs such as seed and fertilizer; and
11
WHEREAS, both farmers and consumers benefit from true competition in agricultural input
12
markets; and
13
WHEREAS, excessive consolidation in the agricultural input sector has the potential to
14
stifle innovation, create barriers to entry for smaller companies, and lead to higher prices
15
and limited choices for farmers and consumers; and
16
WHEREAS, these impacts would have significant negative effects on state economic
17
output, particularly in rural areas; and
18
WHEREAS, the proposed merger between Dow Chemical and DuPont could create the
19
country's largest biotechnology and seed company in an industry that has already
20
undergone significant consolidation in recent years; and
21
WHEREAS, the Antitrust Division of the United States Department of Justice is charged
22
with enforcing section 7 of the federal Clayton Act and prohibiting mergers that would
23
substantially decrease market competition; and
24
WHEREAS, the Antitrust Division's efforts ensure that farmers and consumers benefit from
25
competitive markets for agricultural inputs and the abundant production, competitive
29 | P a g e
26
prices, innovation, and efficiency that result when markets function free from
27
anticompetitive interference; and
28
WHEREAS, the Clayton Act empowers the Antitrust Division to stop or modify a proposed
29
merger to prevent economic harm that would be more difficult to address once the merger
30
is finalized; and
31
WHEREAS, the Antitrust Division has scrutinized and successfully blocked or modified
32
several agricultural mergers resulting in substantial benefits for farmers and consumers,
33
including the proposed mergers of Monsanto and DeKalb Genetics Corporation (1998),
34
Cargill and Continental (1999), Case and New Holland (1999), Monsanto and Delta & Pine
35
Land (1999); and Syngenta, Astrazeneca and Advanta (2004);
36
NOW, THEREFORE, BE IT RESOLVED by the National Conference of State Legislatures
37
that it urges the Antitrust Division of the United States Department of Justice to carefully
38
examine the proposed merger between Dow Chemical and DuPont in order to protect
39
American farmers and state economic output from the negative effects of excessive
40
consolidation and uncompetitive markets for agricultural inputs.
41
BE IT FURTHER RESOLVED that a copy of this resolution be sent to Attorney General
42
Loretta Lynch, President Barack Obama, and all members of Congress.
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1
COMMITTEE:
2
3
POLICY:
STATE SOVEREIGNTY IN AIR AMBULANCE
REGULATION
4
TYPE:
NEW RESOLUTION
5
WHEREAS, as many rural hospitals have recently closed, air ambulance services have
6
become increasingly necessary and are being used more frequently to transport patients
7
to faraway hospitals in an emergency; and
8
WHEREAS, competition among air ambulance services have increased costs; and
9
WHEREAS, air ambulance services can cost patients tens of thousands of dollars out-of-
10
pocket when companies do not accept a patient’s insurance, and emergency patients
11
rarely have the capacity to choose their own air ambulance company; and
12
WHEREAS, some air ambulance companies refuse to reveal actual costs to insurers, and
13
some insurers are unwilling to pay market value for the service; and
14
WHEREAS, federal government Medicare reimbursements cover only a small portion of
15
the actual cost of an air ambulance, forcing air ambulance companies to charge patients
16
more; and
17
WHEREAS, under the Airline Deregulation Act, states cannot regulate routes, services or
18
prices of air ambulances; and
19
NOW, THEREFORE BE IT RESOLVED THAT, NCSL supports state sovereignty in air
20
ambulance regulation in order to protect patients from overwhelming financial burdens for
21
emergency medical services; and
22
BE IT FURTHER RESOLVED THAT, NCSL urges Congress to amend the Airline
23
Deregulation Act in order to provide states the authority to enforce insurance regulations
24
on air ambulance providers to protect consumers.
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1
COMMITTEE:
2
POLICY:
AIR POLICY
3
TYPE:
DIRECTIVE (WITH AMENDMENTS)
4
The Clean Air Act Implementation
5
The National Conference of State Legislatures (NCSL) fully supports the goals embodied in
6
the Clean Air Act Amendments of 1990 (CAAA) and urges the U.S. Environmental Protection
7
Agency (EPA) to proceed diligently with full implementation of the law to achieve clean air for
8
our citizens. It is essential that Congress and the EPA fulfill their responsibilities to facilitate
9
implementation by the states.
10
11
NCSL makes the following recommendations:

Implementation of the CAAA is the responsibility of the states. NCSL encourages
12
Congress and the EPA to pay particular attention to the voices of that state expertise
13
and experience.
14

Communication with state legislators is of utmost importance because only state
15
legislators can enact enabling legislation for state programs and appropriate state
16
funds. Congress and the EPA should regularly and directly work with state legislators
17
during federal action on air quality issues.
18

EPA should work closely with states to assist them in developing all regulations,
19
technical assistance and funding necessary for compliance. Furthermore, EPA should
20
support any state regulation that enables that state to meet or exceed the CAAA
21
standards.
22

Federal grants authorized under the CAAA provide financial resources to the states for
23
development and implementation of air quality programs and other clean air
24
responsibilities. Congress and the EPA must ensure that states continue to receive
25
adequate funding to cover all costs of program management including monitoring.
32 | P a g e
26

Because the states have existing air pollution control programs to administer with
27
current federal funding, any new air quality programs or responsibilities mandated by
28
Congress or EPA should be accompanied by additional federal funding.
29

order to achieve clean air goals in the most cost effective and efficient manner.
30
31

Cost-effectiveness should be permitted as a factor in state selection of transportation
control measures and emissions control strategies.
32
33
NCSL urges EPA to provide as much administrative flexibility as the law allows in

NCSL urges EPA to meet all deadlines for publication of documents required under
34
the CAAA. NCSL urges Congress to amend the law to replace statutory deadlines for
35
state action with language that provides a specific time period for state compliance
36
after document publication.
37

NCSL urges EPA to act expeditiously to enact the required regulations necessary to
38
reduce emissions from federally preempted sources. Failure to act to require emission
39
reductions from federally preempted sources can impede a state’s ability to achieve
40
attainment in some areas despite any and all actions available to a state in
41
development of their state implementation plans.
42

NCSL urges Congress to develop and implement sustainable management policies
43
which will reduce fuel loadings on federal lands, thereby reducing emissions from
44
catastrophic wildfires and improving carbon sequestration on those lands.
45

EPA should provide training opportunities for states to help develop the skills and
46
understanding needed to properly implement the CAAA. In addition, EPA should
47
provide informational resources to help the public understand its role in achieving
48
CAAA goals.
49

Congress and EPA should take maximum advantage of tools and strategies to reduce
50
emissions from mobile sources including but not limited to promoting alternative fuels
51
and encouraging strict exhaust standards for light duty vehicles.
33 | P a g e
52

Federal highway legislation should be made consistent with CAAA objectives. The
53
EPA and the Department of Transportation (DOT) should work together to ensure
54
coordination of federal policy.
55

NCSL urges the adoption of national energy, transportation and other policy that
56
emphasizes energy conservation in order to help achieve the goals of the CAAA. This
57
should include strengthening of emission standards for automobiles as technologies
58
improve, more energy-efficient lighting, buildings, and transportation, and more
59
research and use of alternative forms of energy advanced energy resources. The
60
federal government should allocate a significant portion of incentive funding to
61
states that establish progressively increasing solar renewable energy
62
standards, supported by mutually-beneficial net-metering policies made
63
available under value-of-solar rate tariffs.
64

NCSL urges the federal government to expeditiously apply the same CAAA
65
requirements to federal facilities and motor vehicle fleets that are required for state
66
facilities and fleets.
67
Multi-Pollutant Legislation
68
NCSL further believes that national efforts to fully implement the CAAA, to maintain and
69
enhance air quality at the local, state and national level requires Congressional action on
70
multi-pollutant legislation.
71
NCSL urges Congress to act expeditiously on multi-pollutant legislation to provide certainty in
72
a time of limited federal and state resources and to enhance the impact of this federal
73
program which is implemented at the state level. New legislation enacted by Congress should
74
ensure the ability of all stakeholders to move forward with air pollutant emission reductions,
75
enhance the environment and protect public health while providing a stable planning
76
environment for energy providers and consumers.
77
34 | P a g e
78
79
NCSL recommends that:

New federal standards should maintain and renew the commitment to statutory
80
authority for states to enact state environmental standards that are more stringent than
81
their minimum federal counterparts.
82

New federal standards should acknowledge the existence of state programs and
83
agreements in accord with these standards and should not preempt their continued
84
implementation.
85

New federal standards should be accompanied by adequate federal funding and
86
technical assistance that are essential to state efforts to implement complete and
87
adequate state programs that fully comply with these standards.
88

New federal standards should provide states with maximum flexibility to apply the law
89
effectively to all sources of emissions and ensure achievement of clean air goals in the
90
most cost effective, timely and efficient manner for each state.
91

New federal standards should allow states to maintain all of the enforcement tools
92
available to states under the CAA to ensure compliance with state implementation of
93
federal regulations.
94

New federal standards should permit states to allow sources to trade emissions
95
reductions and protect state authority to restrict which emissions may or may not be
96
traded within a state's borders.
97

New federal standards should allow for regional air planning coordination among
98
states whenever they agree to address and act on issues with regional air quality
99
implications.
100
101
Sanctions

States should not be sanctioned for non-compliance if state's failure to comply was the
102
result of EPA's failure to adhere to CAAA deadlines for promulgation of regulations or
103
technical guidance that provide details and requirements of state programs.
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104

EPA should have the authority to waive sanctions on states that EPA determines are
105
making reasonable good faith efforts to comply with CAAA requirements and
106
deadlines.
107
New Source Review Program
108
NCSL urges the Environmental Protection Agency (EPA) to reform the NSR program to
109
achieve improvements that enhance the environment and increase production capacity, while
110
encouraging efficiency, fuel diversity and the use of resources without weakening the
111
requirements intended to reduce emissions from new or modified sources of air pollution.
112
Routine maintenance, repair or replacement activities, which are not major modifications,
113
should not trigger NSR requirements.
114
Motor Vehicle Inspection and Maintenance
115
NCSL believes that:
116

States should be granted flexibility to design inspection and maintenance (I/M)
117
programs that achieve air quality targets and should receive full credit for emissions
118
reductions those programs achieve.
119

Congress and EPA should not require the states to use specific I/M technologies.
120
Such rigid federal requirements may fail to account for technological advances in
121
emissions testing programs and equipment.
122
Alternative Fuels and Alternatively Fueled Vehicles
123
NCSL urges the federal government to encourage an increase in the research, development
124
and promotion of alternative fuels derived from domestic sources and alternatively fueled
125
vehicles, including their commercial production and use, and to devote federal funds to
126
evaluate the environmental and economic impacts of alternative fuels and alternatively fueled
127
vehicles. The primary purpose of these efforts should be reducing the level of air pollutants
128
and other emissions, reducing U.S. dependence on foreign oil, and providing a low cost,
129
reliable energy source. NCSL further urges Congress to develop policies to encourage
130
domestic manufacture of the infrastructure and equipment necessary to produce alternative
131
fuels.
36 | P a g e
132
NCSL recommends the exploration and evaluation of all forms of alternative domestic fuels
133
and alternatively fueled vehicles in order to reduce the incidence of toxic air emissions. NCSL
134
recommends caution in promoting the replacement of traditional fuels with alternative fuels
135
that could result in other pollution problems.
136
NCSL supports a federal Clean Alternative Fuels program that includes but is not necessarily
137
limited to methanol, ethanol, or other alcohols, reformulated gasoline, ultra-low sulfur diesel,
138
biodiesel, natural gas, liquefied petroleum gas, and hydrogen or other power source
139
(including electricity). However, NCSL recommends that this program take into account other
140
uses of source products, i.e. grains, when making recommendations for fuel usage or setting
141
new national standards. Furthermore, NCSL urges Congress to improve the availability of
142
source materials from our federal lands in accordance with multiple use mandates.
143
NCSL is concerned that the further development of alternative domestic fuels, alternatively
144
fueled vehicles and conservation devices will depend, at least in the near future, upon the
145
continued availability of tax credits designed to encourage investment in these technologies.
146
While tax credits and exemptions are important to the creation of an alternative fuels market,
147
NCSL recognizes their negative fiscal impact on the overall federal budget, as well as
148
inequities in the Highway Trust Fund. Consequently, NCSL urges Congress to:
149

Encourage the use of alternative fuels through incentives that will increase the
150
production and development of new vehicles with alternative fuels capability and
151
vehicle conversion, in lieu of alternative fuels tax exemptions.
152

extended for a limited time.
153
154
Make federal tax credits available to alternative fuel production facilities should be

Phase out the tax credits for the research and development of alternative domestic
155
fuels and alternatively fueled vehicles when the technology or changing policies
156
relating to petroleum-based fuels makes the product competitive in the market place.
157

Retain state taxing authority to ensure that alternative fuels are competitively priced in
158
an effort to mitigate the state-specific impact of these and other federal policy
159
changes.
37 | P a g e
160
NCSL believes that there should be no warranty invalidation incurred by a provider if ASTM
161
standards are met for the fuel and the vehicle is approved for that fuel.
162
In areas required under CAAA to utilize reformulated gas (RFG) or oxygenated fuels,
163
selection of alternative fuel additives should be left to the discretion of the affected state,
164
where costs, safety, and economic and environmental impacts can be considered.
165
With regards to fuel additives, NCSL recommends the following:
166

cross-media implications.
167
168
Prior to approval of fuel additives, U.S. EPA should examine public health benefits and

Any fuel requirements should be in the form of performance-based goals. No specific
169
chemicals or other additives should be prescribed in order to maximize state flexibility
170
to achieve the goals.
171

Any fuel requirement should be based on anticipated air quality benefits.
172
Low Emission Vehicles and Zero Emission Vehicles
173
NCSL believes that:
174

EPA should maintain national Low Emission Vehicle (LEV) standards, referred to as
175
the 49-state car, that are stricter than the law requires. States should be allowed, but
176
not required, to adopt Zero Emission Vehicles (ZEV) requirements.
177
Clean Diesel
178
The NCSL supports the priority given to diesel retrofit projects under the Congestion
179
Mitigation and Air Quality Program. NCSL believes that, due to the cost-effectiveness of
180
diesel retrofit projects, funding should be substantially increased and provided for the Diesel
181
Emissions Reduction Program administered by the EPA and that this funding should not
182
jeopardize the availability of retrofit funding through federal supplemental environmental
183
projects. NCSL further believes that the EPA should maximize efforts to ensure that diesel-
184
fueled vehicles entering the United States from bordering and other foreign countries should
185
meet or exceed U.S. and state environmental standards.
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186
Transportation Conformity with State Air Quality Plans
187
NCSL supports the principles underlying transportation conformity provisions of the Clean Air
188
Act that requires new or revised state transportation implementation plans (TIPs) to conform
189
to the purpose of state air quality plans, also referred to as state implementation plans (SIPs).
190
Furthermore, NCSL believes that:
191

requirements for development, revision and implementation of conforming TIPs.
192
193

196
In evaluating the emissions budgets submitted by states, EPA should ensure state
flexibility in balancing the burden of reduction among all air pollution sources.
194
195
Adequate funding should be made available to cover the cost of the resource-intensive

Conformity requirements should be limited to nonattainment areas and areas at risk of
becoming nonattainment.
39 | P a g e
1
COMMITTEE:
2
POLICY:
ENVIRONMENTAL FEDERALISM
3
TYPE:
4
The National Conference of State Legislatures (NCSL) urges the federal government to
5
renew its commitment to the state-federal partnership for environmental protection.
6
State governments, acting in partnership with the federal government, play an
7
indispensable role in our mutual effort to protect natural resources and combat
8
environmental degradation and pollution. State implementation of federal law is the
9
cornerstone of our current system of environmental protection. States are particularly
10
dependent upon federal pollution control laws to address the interstate migration and
11
affects of pollutants. Given the increasing trend of delegating more authority to the states,
12
it is essential that the federal government not abandon its commitment to uniform minimum
13
federal standards, the state-federal partnership and the very laws and agencies that
14
guarantee the success of our partnership.
15
In furtherance of the above, the following principles should guide NCSL's federal lobbying
16
efforts with respect to the state-federal environmental partnership:
17

NCSL supports the prevention of pollution at its source and believes that federal
18
legislation and regulation, through delegated authority to the states, should
19
encourage the implementation of activities designed to minimize the generation of
20
hazardous pollution by regulated entities.
21

development, training, technical assistance, and regulatory guidance for states.
22
23
NCSL further supports federal funding of pollution prevention research and

The present level of commitment and funding for natural resource and
24
environmental protection efforts should be enhanced; specifically, the federal
25
government should prevent efforts to further erode its commitment to provide
26
technical support, research and financial assistance to states and avoid further cost
27
shifts to the states.
40 | P a g e
28

The federal government should provide funding to the states in the form of block
29
grants that provide for maximum state flexibility to use federal monies in the manner
30
which they deem proper and in a manner which is consistent with their intended
31
purpose.
32

Environmental protection should be based on a holistic comprehensive, flexible and
33
integrated program that addresses environmental issues, the nation’s broader
34
economic prosperity, and policies that ensure long-term energy affordability &
35
reliability.
36

preserved and strengthened.
37
38
Uniform minimum federal standards for environmental protection should be

Statutory authority for states to enact state environmental standards that are more
39
stringent than their minimum federal counterparts should be maintained and
40
renewed.
41

Within the framework of uniform minimum federal standards, states should have
42
maximum flexibility in devising approaches and methods for obtaining compliance
43
with such standards. The federal government should adopt performance-based
44
standards which prescribe the end to be accomplished and leave the means of
45
obtaining the end up to individual states. In return for this new level of autonomy,
46
the federal government should adopt a system of performance audits and
47
objectively quantifiable benchmarks that would allow the federal government to
48
certify state performance results in meeting uniform minimum federal standards.
49

Implementation schedules established under the framework of uniform minimal
50
federal standards should ensure that the time to deploy emissions control
51
technology reflects normal construction industry experience, technology availability
52
and practices that maximize order and efficiency to avoid wasteful financial
53
expenditures and any risks to energy reliability.
54
55

Within this framework, states should have the flexibility to work with utilities to
coordinate the closure and retrofitting of existing power generation stations in a
41 | P a g e
56
manner that will ensure the continued supply of electricity and that will allow power
57
generators to upgrade their facilities in a manner that provides reasonable cost
58
while attaining environmental compliance. State flexibility should allow for
59
regulatory options for units that are necessary for grid reliability, that commit to
60
retire or repower and establishing interim progress standards that ensure
61
generation units meet EPA regulations in an orderly, cost-effective manner.
62

There should be consistent, uniform and vigorous federal enforcement of
63
environmental laws to deter non-compliant behavior and to reward those who are
64
acting in compliance with such laws. The federal government should continue its
65
present role of overseeing the efficacy of state efforts to enforce uniform minimal
66
federal environmental protection standards.
67

In light of the Supreme Court rulings in Seminole Tribe of Florida v. Florida and
68
Alden v. Maine, which suggest that citizens will no longer be able to sue states in
69
federal court for violations of federal environmental protection laws, the federal
70
government needs to allocate adequate resources to ensure compliance among the
71
states.
72

Cost-benefit analysis should be performed in environmental decision making.
73
Sound public policy decision making demands that benefits should be proportionate
74
to costs, after factoring in the totality of the circumstances. However, cost-benefit
75
analysis should not be the only determinative factor in any environmental decision
76
making process. Rather, such an analysis should be one of the many tools that
77
inform decision makers in formulating sound public policy. In the face of uncertainty
78
in devising analytical methods, any default assumptions that are employed should
79
favor enhanced environmental protection.
80

In order to finance environmental protection efforts, Congress should create funding
81
mechanisms that consistently generate revenue solely for such uses. All monies
82
from such funds should be fully appropriated for their intended uses.
83
84

NCSL supports a citizen's right to access public information. NCSL supports "rightto-know" laws and other statutory and regulatory mechanisms that readily provide
42 | P a g e
85
public access to public information while acknowledging the need to balance this
86
right with security concerns relating to the distribution of sensitive material such as
87
water security information regarding water infrastructure and sources of supply.
88

NCSL supports the preservation of state authority to enforce chemical security
89
standards that are more stringent than those established by the federal government;
90
finally.
91

NCSL opposes any attempt to preempt or circumvent the authority of state courts
92
and local administrative bodies. Proposed federal legislation that would centralize
93
decision-making in the Federal courts for compensation for land use and other
94
regulatory actions represents a major threat to our Constitutional system of
95
federalism. Improving the efficiency of the state and local judicial process is an
96
issue for state legislatures, not Congress. Land use and regulatory policy must
97
remain a primary responsibility of the states. The authority of state courts must be
98
preserved.
99

NCSL opposes federal trade agreements containing mechanisms that
100
undermine state environmental laws and regulations -- or that usurp state
101
authority to set and maintain environmental policy and investments in the
102
public interest -- including tactics such as “regulatory cooperation entities,”
103
“harmonization,” “mutual recognition,” “international standardization,”
104
“reducing trade irritants” or other means by which the Constitutional powers
105
or decisions of the states could be directly or indirectly overridden, modified
106
or preempted.
107

In acknowledgement of the unique needs and concerns of the arctic ecosystem that
108
is undergoing rapid environmental change and extensive exploration for natural
109
resources, the NCSL urges ratification of the United Nations (UN) Convention on
110
the Law of the Sea, negotiated in 1982, and of the Treaty on Persistent Organic
111
Pollutants, adopted by the U.S. in 2001 but never ratified.
112
113

NCSL believes federal environmental health regulations require more and better
data about the unique exposure patterns and sensitivities of children who are
43 | P a g e
114
uniquely vulnerable to environmental exposures because they are in a dynamic
115
state of growth, with many vital systems not fully developed upon birth.
116

contamination in all federal environmental policy, legislation, and regulation.
117
118
NCSL supports consideration of the sensitivity of children to environmental

NCSL supports federal funding for health research on the effects of exposure of
119
children to environmental toxicants, and consistent reporting and tracking of birth
120
defects, cancer, and other relevant diseases in children.
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1
COMMITTEE:
2
POLICY:
FEDERAL LAND POLICY MANAGEMENT ACT
3
TYPE:
4
Federal Land Policy Management Act (FLPMA)
5
The Federal Land Policy Management Act (FLPMA) provides for perpetual federal
6
retention of publics lands unless it is in the national interest to dispose of a particular
7
parcel.
8
Ninety-three percent of all lands under federal jurisdiction in the United States are located
9
in the West, and over sixty-three percent of the land area in the twelve western states is
10
federally controlled. Further, many federal and non-federal lands are intermingled. This
11
limits the western states' prerogatives in managing the uses of their own land and further
12
limits the potential base of the states' economies. Units of governments whose property
13
tax revenue bases have been reduced by large federal land holdings also require
14
adequate funds to help make up the shortfall. With perpetual federal retention, Congress
15
must assure state payments in lieu of taxes in perpetuity.
16
Federal-state relations regarding federal agency land planning vary widely and suffer from
17
a lack of specificity on how and when cooperation should take place. No meaningful
18
mechanism currently exists in the wilderness review process for the involvement of
19
legislatures as the state policymaking bodies.
20
The National Conference of State Legislatures (NCSL) urges all federal agencies involved
21
in the management of public lands to incorporate within their policies and regulations
22
provisions for a continuous and cooperative involvement of state governments in public
23
lands policy and public lands management. Furthermore, NCSL supports remedial
24
legislation which will guarantee a state and tribal role in public lands management and
25
establish procedures for designations, disposition, or use of certain public lands found to
26
be excess property.
27
Federal agencies managing federal land should assure that uses, both on-site and off-site,
28
do not cause adverse environmental impacts on the federal land or other adjacent lands or
45 | P a g e
29
waters and provide special protection for wetland resources in light of the goal of no loss of
30
wetlands.
31
As Congress considers funding for federal agencies with public land management
32
responsibilities, NCSL recommends that Congress assure appropriations sufficient for the
33
full and proper execution of the agencies' legislative mandates to process lease
34
applications properly and expeditiously and protect the environment during increased
35
energy development.
36
If a federal wilderness designation occurs, state and/or tribal "inholdings" in wilderness
37
areas should be purchased, or exchanged with lands of equal or greater value outside of
38
these areas as designated by FLPMA.
39
NCSL also urges the establishment of an interagency coordinator or coordination program
40
to facilitate tribal governments, state agencies and communities to address all relevant
41
agencies in a "one stop" manner.
42
Takings and Land Use Authority
43
NCSL strongly opposes any federal legislation or regulation that would: 1) attempt to
44
define or categorize compensable "takings" under the Fifth Amendment to the United
45
States Constitution; (2) interfere with a state's or tribe’s ability to define and categorize
46
regulatory takings requiring state or tribal compensation; (3) preempt state or tribal
47
eminent domain constitutional provisions or statutes; or (4) infringe on state or tribal
48
sovereignty under the Eleventh Amendment. NCSL supports collaborative examinations of
49
state, tribal and federal use of eminent domain authority.
50
Conservation Easements
51
NCSL urges Congress to enact legislation to make permanent the tax deduction for
52
charitable contributions by individuals and corporations of real property interests for
53
conservation purposes through conservation easements.
54
46 | P a g e
55
Readiness and Environmental Protection Initiative
56
The Department of Defense (DOD) Readiness and Environmental Protection Initiative
57
(REPI) enables DOD to work with partners to protect valuable habitat and avoid land use
58
conflicts in the vicinity of priority installations. Maintaining availability, accessibility and
59
capability for realistic training, live fire testing and other operations is crucial to ensuring a
60
trained and ready force to support the DOD mission to fight and win the nation's wars.
61
REPI provides significant and long term benefits to the people and the landscape in
62
communities surrounding military installations. It enhances military readiness; protects high
63
value habitat; strengthens military/community relations; and provides the opportunity for
64
partnerships among key stakeholders, such as state, tribal and local governments and the
65
military. NCSL supports REPI and believes there is a limited window of opportunity for
66
REPI partnerships to protect land and habitat in support of military training and testing. In
67
addition, the increasing numbers of willing sellers in the existing real estate market present
68
significant near-term opportunities to leverage REPI funding with state, tribal and local
69
partners.
70
NCSL applauds the United States Congress for recognizing the critical need to protect
71
DoD bases and the limited window of opportunity to do so, and for continuing its strong
72
bipartisan support for REPI.
73
State-Federal Partnerships In Land Management Around Federal Facilities
74
The NCSL calls on Congress and the Administration to enable and encourage federal
75
agencies to enter into formal partnerships with state or tribal governments to enable the
76
better management of land in and around military and other federal facilities. Such
77
partnerships will enable states, federally recognized tribes, local communities and the
78
federal facilities, ranges, and training air/sea/land space they serve to work jointly on
79
matters of importance to all stakeholders. The adoption of memorandums of understanding
80
or other agreements between federal agencies, tribal governments, and/or state wildlife,
81
parks, and environment agencies will establish a mechanism for the federal agencies to:
82
83

assist tribal governments and state agencies to acquire landowner agreements
around military facilities;
47 | P a g e
84

BRAC round by ensuring mission capabilities at military facilities; and
85
86
assist tribal governments, communities and states to be better prepared for the next

identify within the federal agency the person or office to whom tribal governments,
87
state agencies and communities may contact for assistance in coordinating
88
conservation easement/contracts or other appropriate negotiated transaction.
89
90
In partnering with such agencies as the Department of Defense (DOD), the U.S.
91
Department of Agriculture (USDA), the U.S. Department of Interior (Interior), and the U.S.
92
Army Corps of Engineers (Corps) states, tribal governments and local communities will be
93
able to:
94

federal facilities ranges, and training air/sea/land space;
95
96


expand public understanding of how critical tribal and state land conservation
actions are to protect the mission and economic welfare of federal entities;
99
100
improve wildlife habitat around federal facilities, ranges, and training air/sea/land
space and throughout the state;
97
98
protect water resources benefiting tribal governments and local communities and

expand public support for federal assistance of state efforts to acquire permanent
101
conservation easements, contracts or other appropriate negotiated transactions and
102
long term leases with landowners to protect federal installations from civilian
103
encroachment that will adversely impact mission capabilities and economic benefits
104
to communities, and increase land for contract training;
105

expand state agency, private landowners, and DoD facilities' ability to develop
106
longitudinal training capabilities through partnerships that expand training
107
opportunities in combination with preserving agricultural lands; and that permit
108
federal and national guard training areas to be linked for expanded joint training;
109
and
110

encourage tourism to the conservation lands acquired by state agencies.
48 | P a g e
1
COMMITTEE:
2
POLICY:
WATER
3
TYPE:
4
Jurisdiction for federal water projects is scattered throughout agencies of the federal
5
government and committees of Congress. The National Conference of State Legislatures
6
sees a need for clearer, more coordinated and more consistent federal policies. These
7
policies, however, should recognize and build upon the constitutions, statutes, policies and
8
programs of the states as the fundamental basis for a truly national effort toward better
9
water resources management. The federal government should recognize that water
10
resources policy can and must be developed at the state level. The appropriate role for the
11
federal government should be to provide technical, research and financial assistance to
12
the states at their request.
13
NCSL endorses the following principles:
14

Primary authority and responsibility for water resources management functions,
15
including planning, development and regulation, rest with the states and their
16
delegated interstate agencies. Water resources management, wetland protection,
17
coastal zone management, and soil conservation projects should be clearly
18
delineated by Congress as the primary responsibility of the states and their
19
delegated interstate agencies, with federal oversight.
20

A national water conservation initiative should be undertaken to encourage water
21
conservation at the federal, state and local levels. Functions, such as navigation
22
and flood control and other issues at the prerogative of the state, should continue to
23
be shared with the federal government to the degree appropriate. Federal policy
24
must recognize and respect the rights of the states to administer their individual
25
water laws and to manage their water resources.
26

The role of the federal government is four-fold: (1) to establish a framework of
27
national objectives developed in cooperation with the states; (2) to provide
28
assistance to the states in the development of programs to meet state needs within
49 | P a g e
29
such a framework; (3) to be consistent with such state programs to the maximum
30
extent possible when undertaking direct federal actions pursuant to the national
31
interest; and (4) to coordinate agency activities through a national coordinating
32
entity reporting directly to the President and with provision for adequate state and
33
public input.
34

The responsibility of the federal government is to establish, in full cooperation with
35
states and other appropriate interests, national objectives for the protection,
36
management, restoration, development, and use of water and related resources to
37
meet national economic, environmental and social objectives and to assist in
38
implementing such policies in federal actions and through assistance and support
39
for state actions.
40

The essential steps toward orderly, efficient and balanced water resources
41
management are to recognize the primary responsibility of the state and to put each
42
state in the position to secure, in cooperation with local governments, coherent
43
water management strategies.
44
Federal policy should be directed toward strengthening the capacity of the state to act as
45
the integrator and manager of all programs affecting the water resources of the state. To
46
do so effectively, states need:
47

Realistic and dependable financial support to integrate management activities
through expansion of provisions for state assistance;
48
49

Full funding of authorized programs consistent with congressional intent;
50

A common platform for compiling and accessing data across programs and
agencies that is available to local, state, interstate and federal stakeholders; and
51
52

Assurance that direct federal actions will be consistent with state programs,
53
responsive to national policy, and carefully evaluated against mutually agreed upon
54
standards.
50 | P a g e
55

interstate water and related resources plans and programs.
56
57


Federal project evaluation, planning, financing, cost sharing, and cost recovery
policies should be reviewed and simplified.
60
61
Greater flexibility in the entire federal support system for water resource planning
and management.
58
59
Federal actions, projects and programs must be consistent with adopted state and

Project evaluation should promote equal consideration of both structural and nonstructural solutions.
62
63
Many existing water programs create inherent financial biases which favor certain
64
solutions to water problems over others, sometimes resulting in the approval of programs
65
of only marginal utility. Accordingly, NCSL urges that:
66

the same purpose.
67
68
Cost-sharing policies should be consistent among alternative means for achieving

Cost sharing policies should be consistent among federal agencies for the same
69
purposes. There should be no financial grounds for non-federal participants to
70
"shop around" for the best deal.
71

The public participation requirements of project planning and evaluation criteria
should be aggressively carried out.
72
73
Water Conservation
74
Water conservation must be a fundamental consideration in all future water management
75
programs.
76
Accordingly, NCSL recommends:
77

A national water conservation initiative implemented by the states as a part of their
78
total water management programs with federal financial and technical assistance
79
including a component for evaluation of the true benefits and costs of conservation;
51 | P a g e
80

resources to maximize the availability of surface and groundwater supplies;
81
82


Examining and promoting where feasible the practices of conjunctive use of water
supplies; and
85
86
Closely examining the incentives and disincentives for encouraging conservation,
recycling and reuse of water;
83
84
Encouraging comprehensive management of intermittently available freshwater

Congress fund research into the use of saltwater or grey water sources as an
alternative to the continued use of scarce freshwater resources.
87
88
Among water research programs, no specific mechanism exists which focuses the water
89
research establishment on the planning and management concerns of the nation's
90
principal water managers---the states.
91
As such, NCSL recommends that:
92

The research agenda of both the federal agencies and the federally-supported
93
water resources research centers be developed in conjunction with the expressed
94
research needs of the state.
95

Congress should recognize state primacy over all water rights within each state's
96
boundaries and bring to closure the debate on the Federal Reserved Water Rights
97
Policy.
98
99

Congress should respect and encourage state compacts for sharing and managing
water resources.
100
Wetlands
101
NCSL supports a wetlands program that is flexible to balance the competing and legitimate
102
demands for conservation and use of the Nation's resources.
103
NCSL urges Congress and the Administration to:
52 | P a g e
104

Reaffirm the national goal of eliminating the net loss of both wetlands acreage and
105
wetlands habitat values, as a result of any activities, and of increasing both
106
wetlands acreage and wetlands habitat values;
107

Designate a single federal agency to be the lead agency responsible for the overall
108
development, implementation, and enforcement of a national wetlands policy in
109
partnership with the states;
110

Facilitate the delegation of wetlands protection programs to the states and provide
111
technical and financial resources to assist states in developing and operating their
112
programs;
113

Establish a clear preferred sequence of mitigation options that begins with
114
avoidance of adverse effects on wetlands followed by a reduction of unavoidable
115
adverse effects, and allowing compensation by creating, replacing or restoring
116
within the same ecosystem; and
117

Recognize that private landowners have an economic stake in wetlands resources
118
and establish a strong program of economic incentives that encourages and assists
119
the private sector to exercise its management responsibilities in a way that will
120
protect the public values wetlands provide while contributing to a reasonable return
121
on investment.
122
Federal agencies, in conjunction with states, the private sector, and nonprofit groups
123
should expand their educational outreach programs.
124
The U.S. Army Corps of Engineers and the EPA should agree on strategies for effectively
125
and expeditiously monitoring, verifying, and enforcing permits authorizing activities in
126
wetlands. In addition Congress and other regulatory authorities should take any necessary
127
action, including amending existing laws to prevent the willful alteration of wetlands
128
characteristics to circumvent regulatory jurisdictions.
129
53 | P a g e
130
Aquatic Nuisance Species
131
To combat the threats to biodiversity in the nation's coastal and estuarine habitats as well
132
as inland navigable waters that are associated with aquatic nuisance species and to help
133
prevent their introduction into state waters, NCSL calls on Congress to:
134

1990;
135
136


Increase the support for international, national, and state efforts to control and
manage aquatic nuisance species; and
139
140
Provide for improved means for preventing the introduction of aquatic nuisance
species;
137
138
Reauthorize the Non-indigenous Aquatic Nuisance Prevention and Control Act of

Increase research and technical assistance resources available to federal, state,
141
and local officials.
142
Water Pollution Control
143
NCSL urges that:
144

Congress fully fund the Sewer Overflow Control State Grants Program;
145

Congress separately appropriate full funding for non-point source pollution and
146
ensure the effectiveness of the provisions of this program to restore and protect our
147
nation's waters;
148

states;
149
150

153
Congress authorize and fully fund new grant programs for wastewater and drinking
water infrastructure developments;
151
152
Congress initiate an incentive program to encourage water conservation in the

Nutrient pollution be prioritized as a water quality improvement objective in
the Mississippi River basin and wherever such pollution from pervasive point
54 | P a g e
154
and non-point sources creates serious hypoxic conditions in waters of
155
economic, ecological and/or recreational significance;
156

The federal government foster and assist in the financing and support of
157
working groups of state legislators within major watersheds where water
158
pollution is a multi-state responsibility, with such working groups or
159
compacts formed to coordinate the development of strategies, policies,
160
statutes, regulations and spending priorities for the attainment of clean water,
161
including goals, timelines and accountability for performance.
162

EPA strengthen pretreatment pollution prevention requirements to reduce the
163
amount of hazardous waste flowing to waters from wastewater treatment plants and
164
from contaminated sludge; and that
165

Uniform national wastewater monitoring standards and protocols should be required
166
to assure achievement of water quality objectives, fair and uniform enforcement,
167
and full disclosure of contamination.
168
Drinking Water
169
NCSL urges Congress and the Administration to increase federal appropriations for safe
170
drinking water programs to necessary levels that also takes into account recent
171
developments across the country regarding lead contamination. A special
172
consideration for financial assistance should be given to those states that have
173
communities and water systems that have limited resources to deal with the requirements
174
of the Safe Drinking Water Act (SDWA). States should receive additional federal financial
175
assistance in order to develop and maintain the administrative and technical capacity
176
needed to implement the program's mandated objectives.
177
Furthermore, NCSL supports the following provisions:
178
179

States should have the authority to prioritize activities based on state public health
needs.
55 | P a g e
180

States should be able to use federal drinking water funds to consolidate public
181
water systems when it is economically or environmentally beneficial, and/or in the
182
best interest of the public health.
183

Congress should direct EPA to base its standards on scientifically sound principles
184
for protection of human health. The ability of EPA to require water systems to test
185
for additional contaminants must take into account the human health risk posed by
186
the contaminant. Congress should adequately fund EPA's research efforts to
187
develop scientifically sound standards which will assure safe drinking water.
188

EPA should be directed to work closely with primacy states in establishing a
189
comprehensive program of water testing which recognizes the potential of
190
contaminants based upon source, storage and delivery of water. Human health
191
protection should be the basis for establishing any contaminant management
192
program.
193
Disapproval or withdrawal of primacy should not result in a decreased level of public health
194
protection in that state.
195
State Revolving Funds (SRFs)
196
With respect to the Clean Water State Revolving Fund (CWSRF) and the Drinking Water
197
State Revolving Fund (DWSRF), NCSL supports the following:
198

needs.
199
200
Reauthorization of the CWSRF and DWSRF at levels commensurate with state

States should be able to extend the life of SRF loans as necessary to accommodate
201
low-income communities provided the loan repayment period does not exceed the
202
useful life of the project.
203

States should be able to use the interest earnings from the SRF monies for grant
204
assistance to low-income communities, or for other related projects as determined
205
by the individual state.
206

States should be allowed to use at least 6-8% of SRF funds for administrative costs.
56 | P a g e
207

States should be able to use SRF funds to consolidate public water systems when it
208
is economically or environmentally beneficial, and/or in the best interest of the
209
public health.
210

In years when federal funds increase by more than 20%, states may request a
211
waiver of the increased match required, with current state funds used for state
212
drinking water purposes qualifying as the match for that year.
213

Any new requirements applied to the CWSRF or the DWSRF should not be applied
retroactively to funding already in the SRF or projects currently in progress.
214
215
Stormwater Management
216
NCSL urges Congress and the Administration to:
217

Commit to and provide full funding and resources for combined sewer overflows
(CSOs), sanitary sewer overflows (SSOs) and storm water wet weather discharges.
218
219

Include a federal cost share of at least 50 percent of the cost of remediation.
220

Establish a zero-interest, or low interest, loan program for homeowners and
businesses required to implement storm water management programs.
221
222

Federal funding programs.
223
224
225
NCSL further urges Congress and the Administration to:

Authorize state environmental agencies to grant waivers for both municipal and
private sector implementation based on economic hardship.
226
227
Wet weather management funding should be in addition to, and not replace, other

Direct the EPA to encourage evidence-based abatement methods and promote
228
compliance using alternative methods of abatement that are least costly to
229
implement.
230
Groundwater
57 | P a g e
231
NCSL believes that the development of groundwater policy should take into account or
232
include the following:
233

State primacy must be assured in the development of groundwater legislation.
234

There needs to be federal assistance available to states in protecting
wellhead/recharge areas from contamination.
235
236

A survey of state data collection and research needs should be completed to
237
assess future needs for financial and technical assistance with respect to aquifer
238
mapping, monitoring and classification.
239

and social factors within various states and regions.
240
241

States' primacy in devising appropriate financing mechanisms for groundwater
programs should be continued.
242
243
Any policy should recognize the diversity of hydrologic, climatic, economic, legal,

Where necessary groundwater conservation programs with appropriate financing
244
should be developed jointly by the federal, state and local governments, but
245
implemented by state and local governments.
246
247

A comprehensive review of groundwater contamination from pesticides should be
undertaken and recommendations based on this review should be implemented.
248
Publicly Owned Treatment Works
249
NCSL urges Congress to cooperate with states to eliminate barriers to local government's
250
ability to restructure assets or raise the capital necessary for costly improvements to Public
251
Owned Treatment Works (POTWs). While NCSL takes no position with respect to whether
252
any particular POTW should pursue a public-private partnership, the decision to enter such
253
a partnership should be made by the local unit of government pursuant to state law and
254
local ordinance.
58 | P a g e
1
COMMITTEE:
2
POLICY:
WATERWAYS AND PORTS
3
TYPE:
4
The National Conference of State Legislatures (NCSL) recognizes the substantial benefits
5
to the nation of the U.S. system of waterways and ports by providing access to the world’s
6
markets and the combined efforts of all levels of government and users in sharing the cost
7
of port and waterway development and maintenance. NCSL further acknowledges the
8
distinctive roles played by the states and the federal government in financing waterways
9
and ports. The increase of state and local financial support in recent years should be
10
concomitant with an increased planning authority, which is particularly important for the
11
integration and support of other transportation systems for enhanced waterway and port
12
activity.
13
Ports
14
NCSL believes that in order to sustain U.S. leadership in global trade:
15

federal navigational channels.
16
17
The nation’s ports must receive adequate federal funds to improve and maintain

Congress should adequately fund deepening projects to modernize our ports and
18
make full use of the Harbor Maintenance Trust Fund to maintain the nation’s
19
harbors.
20

NCSL opposes the accumulation of harbor tax receipts at the federal level, as it is a
21
break in faith from the purpose of the Harbor Maintenance Tax and results in the
22
imposition of a competitive burden without providing needed improvements
23
necessary to achieve efficiencies to offset added taxes.
24
59 | P a g e
25
Intermodal Connectors
26
NCSL calls on Congress to significantly increase federal investment in highway and rail
27
infrastructure and provide states added flexibility to improve intermodal connectors and
28
surface transportation systems near the nation’s ports. Where feasible, NCSL also
29
encourages and supports the deployment of ferry crossings.
30
Maritime Security
31
NCSL believes that port security is a state-federal partnership, critical to the nation’s
32
homeland security strategy and that states need clear federal direction to ensure that
33
resources are focused on the most needed security improvements.
34
As such, NCSL supports the Department of Homeland Security’s Port Security Grant
35
Program, which is vital to ports’ abilities to make improvements quickly and comply with
36
the Maritime Transportation Security Act of 2002. Federal assistance should fund federal
37
directives and requirements regarding enhanced security of publicly operated ferries and
38
the inspection of vehicles and freight in order to avoid unfunded federal mandates.
39
Foreign Imports
40
NCSL supports:
41

nations that discriminate against U.S. carriers.
42
43
Action by the Federal Maritime Commission to restrict foreign cargo shipments from

Complying with the requirements, regarding the importation of hazardous materials,
44
of the National Environmental Policy Act to insure proper notification and
45
assessment of environmental impact.
46
Inland Waterways
47
NCSL supports the continued predominant federal role in inland waterway capital and
48
operating expenditures due to the interstate commerce nature of this transportation
49
system as well as the implementation of the 2014 Water Resources Reform and
60 | P a g e
50
Development Act (WRRDA). NCSL also supports increased investment in the Inland
51
Waterways Trust Fund to repair and modernize the existing infrastructure. This increased
52
level of investment should come from an increase of the per gallon fuel user fee
53
between $.06 and $.09 as such an increase is already supported by commercial
54
barge and towing companies, the users of the inland waterway system. The
55
commercial barge and towing companies, joined by a diverse coalition of
56
stakeholders, unanimously and voluntarily requested a 45 percent increase to the
57
per gallon user fee to address the growing backlog of needed lock and dam
58
construction. Congress approved the increase in 2014, and should now increase the
59
federal level of investment to lock and dam infrastructure commensurate with the
60
increasing revenue deposited into the Inland Waterways Trust Fund, to ensure full
61
use of these funds annually, based on industry-endorsed capital investment
62
strategy recommendations on priority projects. NCSL supports the utilization of U.S.
63
Department of Transportation discretionary funds for emergency assistance to states for
64
ports and waterways.
65
Waterways—General
66
NCSL believes that:
67

The role of the U.S. Coast Guard in directing waterborne traffic should be
68
enhanced. As such, adequate emergency response plans should be developed with
69
a review of existing contingency plans. Additionally, Congress should continue to
70
fund the Coast Guard's Integrated Deepwater Systems program while maintaining
71
existing funding for other transportation programs.
72

The user fee method of financing expenses incurred primarily for the user's benefit
73
is an appropriate mechanism. However, the effect of such charges in a competitive
74
worldwide environment should be carefully scrutinized. Any assessed fees should
75
be equitable and nondiscriminatory and should be protected in trust fund accounts
76
with their expenditure limited to the purposes for which they were collected. As
77
such, commercial barge and towing should be directed solely to the Inland
61 | P a g e
78
Waterways Trust Fund. Recreational boat user fees should be directed solely to
79
boating safety programs. Additionally, user fees should not be assessed on
80
commercial traffic to recover uncompensated benefits to civilian navigation and
81
search and rescue activities.
82

A comprehensive liability and compensation system on marine environment should
83
be maintained at the federal level to provide vulnerable states with a means of
84
environmental restoration in the event of a shipping accident, or as a result of
85
invasive species.
86

It should be the policy of the United States to require that domestic oil producers
87
and common carriers develop the capability to safely transport crude oil and other
88
liquefied petroleum products and to quickly and effectively contain and clean up oil
89
spills that occur.
62 | P a g e
We look forward to seeing you at
the 2016 Capitol Forum from
December 5-8 in Washington, D.C.
For more information, please visit
our website.
63 | P a g e

natural resources and infrastructure committee 2016 legislative summit

Transcription

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