LEGISLATIVE ACTION CENTER

ANLA Lighthouse Program
(get up to date information regarding current legislation and contact information for your government representative)

Legislative News
Update through June 22, 2007

(Information is reprinted from the July/August 2007 issue of Nursery Notes and is compiled from the ANLA Legislative Update and other industry sources.)

IMMIGRANTION RETURNS TO SENATE FLOOR
Republicans and Democrats reached an agreement June 15 to resume debate over the comprehensive immigration bill (S. 1348). The bill had been pulled from the Senate floor following a failed procedural vote on June 7. As part of the agreement to resume debate, both parties agreed to add $4.4 billion in guaranteed funding to the legislation to strengthen border security, expand detention facilities, and strengthen worksite enforcement. The legislation was slated to be taken up again on the Senate floor as early as June 21.

The Bush Administration has pushed hard to have the bill brought back. Cabinet Secretaries Chertoff (Homeland Security) and Gutierrez (Commerce) have been most active. ANLA was among a handful of groups invited to the White House to hear President Bush make the case for reform.

ANLA has pushed Senate leaders to resume debate over the measure and hopes that the Senate will quickly pass the bill. The legislation includes meaningful H-2A and H-2B reforms, as well as tighter border security, employee verification provisions and a legalization process for currently undocumented workers. Please continue to contact your Senators and encourage them to quickly pass the measure.

FARM BILL PROPOSALS ADVANCE
Several House agriculture subcommittees have passed various titles of the 2007 Farm Bill. To date, subcommittees have passed portions of the Farm Bill related to specialty crops, nutrition, crop insurance, conservation, energy, horticulture and organic agriculture, rural development, livestock, dairy, and poultry. The full committee will begin to take up the various components of the farm bill this week, with the goal of bringing a final bill to the House floor prior to the August recess.

On June 8, the Horticulture and Organic Agriculture Subcommittee passed parts of the farm bill that are important to the nursery and floriculture industry. While the bill
authorizes funding for some programs important to our industry, funding will not actually be secured for most of these programs unless Congress provides funding through the annual appropriations process. ANLA will continue to advocate for actual funding for priority programs. The legislation would do the following:

• Amend the Tree Assistance Program so that nursery and Christmas trees are eligible for compensation of up to $150,000.


• Shift from the Department of Homeland Security to USDA the border inspectors tasked with keeping out foreign pests and diseases.


• Authorize funding for the Clean Plant Network, which would clear foreign germplasm of “high risk, high value” plant material and provide clean planting stock to the industry.


• Create the Threat Identification and Mitigation Program that would task APHIS to identify and take action against emerging pest risks.


• Authorize funding for a grant program to provide technical assistance to specialty crop growers for the development and implementation of “certification systems based on auditbased approaches, such as best management practices or nursery pest risk management systems, to address plant pests.”

During subcommittee action on the various farm bill titles, almost all controversial amendments were held for full committee consideration. ANLA is closely monitoring potential amendments that could impact the nursery and floricultural industry. One potential amendment of concern is a bill (H.R.2401) introduced by Rep. Joe Baca (D-CA) that would greatly expand pesticide record keeping requirements for all pesticide applications. The various titles of the farm bill acted on to date can be found on the House Agriculture Committee’s website at: http://agriculture.house.gov/inside/2007FarmBill.html. The Senate Agriculture, Nutrition, and Forestry Committee has yet to introduce its version of the farm bill, but Chairman Harkin (D-IA) said he will soon introduce a measure.

EXPANSION OF THE CLEAN WATER ACT PROPOSED
Legislation (H.R.2421) introduced by house transportation and infrastructure chainman Jim Oberstar (D-MN) would greatly expand the reach of the Clean Water Act. The bill, which has 160 cosponsors, would delete the word “navigable” from the definition of “waters of the U.S.,” expanding the regulatory authority of EPA and the Army Corps of Engineers to virtually all public and private water bodies. This proposal would potentially regulate almost every wet area in the nation. The new definition would include farm and stock ponds and an estimated 55 million acres of prior converted cropland. The bill could affect production and management practices near any of these new water bodies. Chairman Oberstar plans to hold a hearing on the bill next month and mark it up in committee in September. Senator Russ Feingold (D-WI) recently introduced the same bill in the Senate with 17 cosponsors.

GREEN BUILDINGS’ BILL ADVANCE
The Senate Environment and Public Works Committee recently passed Green Buildings Legislation. The “High performance Green Building Act of 2007” (S.506) is intended to improve the energy efficiency, indoor air quality and environmental impact of federal buildings. The bill creates an Office of High-Performance Green Buildings within the General Services Administration. The Office would coordinate research and development on ways for government buildings to become “green.” The research shall include, among other things, studies on the relationship between human health and indoor air quality, lighting, maintenance, cleaning, and pest control activities. Information will also be available to the public on the latest developments in green building, including the technology, studies, and best practices. The Act also provides $10 million over five years for grants to states to help improve the environmental and health impact of local schools on children.

In addition, the House Committee on Oversight and Government Reform recently passed legislation (H.R.2635) that would require the federal government to freeze its carbon emissions by 2010 and achieve zero emissions by 2050. The “Carbon-Neutral Government Act of 2007” would also require all new federal buildings and federal buildings undergoing major renovations to be designed to reduce fossil fuel-generated energy consumption (compared to a similar building built in FY2003). New federal buildings would be required to achieve Leadership in Energy and Environmental Design (LEED) Silver certification from the U.S. Green Buildings Council.

CONGRESSIONAL WATER CAUCUS FORMED
On June 14, representatives Linder (R-GA), Costa (D-CA), Radanovich (R-CA), Napolitano (D-CA), and Stupak (D-MI) formed the Congressional Water Caucus. The caucus is intended to “allow Members of Congress committed to the goals of promoting dialogue about our nation’s water issues to have a meaningful educational venue and forum about how best to realize those goals. The Congressional Water Caucus will aim to provide timely scientific information and dialogue about water resources and water use.” They also agreed to “The Twelve Principles of Water Policy,” covering such issues as water availability, drought planning, water efficiency and technology, and federal, state, and local roles.

NEW REGULATIONS WEBSITE FOR AGRICULTURE
The U.S. Environmental Protection Agency has announced a new website containing an easy look-up tool listing federal environmental regulations that could potentially apply to agriculture. The site can be found at epa.gov/agriculture/
llaw.html.

EPA AND THE ARMY CORPS ISSUE WETLANDS GUIDANCE
Responding to a recent supreme court decision limiting the scope of the clean water act (CWA), EPA and the U.S. Army Corps of engineers have proposed joint guidance for their field offices clarifying when and where a person may need to obtain a CWA Section 404 permit before conducting activities in wetlands, tributaries, and other waters. Comments are being sought and must be received on or
before December 5.

USDA RESTRICTS CANADIAN NURSERY STOCK FOR ASH BORER
USDA-APHIS published an interim rule on May 31 establishing regulations to prohibit or restrict the importation of ash nursery stock and other propagative plant material from Canada to prevent the artificial spread of emerald ash borer (EAB). APHIS is restricting or prohibiting EAB host material from Canada, including nursery stock, plants, other propagative plant material, ash logs, and wood with bark that cannot be feasibly inspected, treated, or handled to prevent the introduction of the pest

METHYL BROMIDE INVENTORY CONTIUES DOWNWARD TREND
The methyl bromide inventory held by U.S. companies at the end of 2006 continues to shrink, according to EPA. The data show a steady decline in the inventory since 2003, when the Agency began collecting such information. A broad-spectrum fumigant, methyl bromide is classified as an ozone-depleting chemical and under an international treaty the United States phased out new production and import of methyl bromide, except for limited exemptions for users who have no technically and economically feasible alternatives. The inventory held by approximately 35 companies in the United States at the end of 2006 shows a steady decline—approximately 16,422 metric tons in 2003, 12,994 metric tons in 2004, 9,974 metric tons in 2005, and 7,671 metric tons in 2006.