NATURAL RESOURCES AND INFRASTRUCTURE … · NCSL Standing Committee on Natural Resources and Infrastructure ... Rep. Susan Williams Gifford Sen. Anne M. Gobi ... Rep. Bill Pigott

NATURAL RESOURCES AND

INFRASTRUCTURE COMMITTEE

2017 LEGISLATIVE SUMMIT

NCSL Standing Committee on Natural Resources and

Infrastructure

TABLE OF CONTENTS

NRI COMMITTEE MEMBERS ............................................................................ 3

NRI COMMITTEE AGENDA ............................................................................... 7

NRI COMMITTEE ONLINE RESOURCES .....................................................13

BUSINESS MEETING AGENDA .......................................................................14

POLICY SUMMARIES ........................................................................................16

POLICY DIRECTIVES AND RESOLUTIONS ................................................18

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NCSL STANDING COMMITTEE ON NATURAL RESOURCES AND

INFRASTRUCTURE MEMBERS Updated August 1, 2017

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

Rep. Curt McCormack, VT Co-Chair

Rep. Ed Orcutt, WA

Vice Chair

Rep. Justin Cronin, SD Vice Chair

Sen. Rita Hart, IA Vice Chair

Sen. Tyson Larson, NE Vice Chair

Rep. Chuck McGrady, NC

Co-Chair: Representative Curt A. McCormack, Vermont Staff Co-Chair: David Beaujon, Colorado

Co-Chair: Representative Ed Orcutt, Washington Staff Co-Chair: Gene Hogan, South Carolina

Vice Chair: Representative Justin R. Cronin, South Dakota Staff Vice Chair: Jace Mikels, Iowa

Vice Chair: Senator Rita Hart, Iowa Staff Vice Chair: Jason Powell, Virginia

Vice Chair: Senator Tyson R. Larson, Nebraska Staff Vice Chair: Rex Shattuck, Alaska

Vice Chair: Representative Chuck W. McGrady, North Carolina

Vice Chair: Representative Andrew J. McLean, Maine

Vice Chair: Representative Diane E. Mitsch Bush, Colorado

Vice Chair: Representative Mary M. Mushinsky, Connecticut

Vice Chair: Representative Dan Saddler, Alaska

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Vice Chair

Rep. Andrew McLean, ME Vice Chair

Rep. Diane Mitsch Bush, CO Vice Chair

Rep. Mary Mushinsky, CT Vice Chair

Rep. Dan Saddler, AK

COMMITTEE STAFF

NCSL D.C. Office: Ben Husch and Kristen Hildreth

NCSL Denver Office: Jocelyn Durkay

COMMITTEE MEMBERS

Alabama

Sen. Gerald Allen

Rep. Alan Baker

Sen. Gerald O. Dial

Rep. Lynn Greer

Sen. William Holtzclaw

Rep. Richard Lindsey

Sen. Steve Livingston

Rep. David Sessions

Sen. Cam Ward

Sen. Tom Whatley

Alaska

Sen. Cathy A. Giessel

Linda Hay (staff)

Rep. DeLena M. Johnson

Rep. Scott J. Kawasaki

Sen. Anna I. MacKinnon

Rep. Mark A. Neuman

Rep. Dan Saddler

Rex Shattuck

Rep. Geran Tarr

Arizona

Sen. Karen E. Fann

Sen. Gail Griffin

Gina Kash (staff)

Sen. Lisa A. Otondo

Sen. Franklin M. Pratt

Arkansas

Rep. Fred Allen

Sen. Ronald R. Caldwell

Rep. Jack Fortner

Sen. Keith M. Ingram

Rep. Jack Ladyman

Sen. Terry Rice

Rep. Marcus E. Richmond

Sen. Gary Stubblefield

California

Assemb. Richard H. Bloom

Assemb. Mark W. Stone

Colorado

Rep. Jennifer James Arndt

Sen. Randy L. Baumgardner

David Beaujon (staff)

Jennifer Berman (staff)

Sen. John B. Cooke III

Sen. Don L. Coram

Sen. Kerry Donovan

Sen. Leroy M. Garcia

Jason Gelender (staff)

Rep. Christopher J. Hansen

Sen. Matt Jones

Sen. Vicki Marble

Rep. Diane E. Mitsch Bush

Thomas Morris (staff)

Meghan O'Connor (staff)

Sen. Ray Scott

Sen. Jerry Sonnenberg

Sen. Nancy J. Todd

Rep. Donald E. Valdez

Sen. Rachel Zenzinger

Connecticut

Lee Hansen (staff)

Janet Kaminski Leduc (staff)

Rep. Gail Lavielle

Emanuel Merisotis (staff)

Kristen Miller (staff)

Sen. Marilyn V. Moore

Rep. Mary M. Mushinsky

Bradford Towson (staff)

Chris Zavagnin (staff)

Delaware

Rep. William J. Carson Jr.

Sen. Stephanie Hansen

Rep. Debra J. Heffernan

Sen. Gerald W. Hocker

Rep. John A. Kowalko

Sen. Harris B. McDowell III

Rep. Edward S. Osienski

Rep. W. Charles Paradee

District of Columbia

CM. Charles Allen

Florida

Kara Collins-Gomez (staff)

Sen. Audrey L. Gibson

Thomas Hamby (staff)

William Howard (staff)

Reynold Meyer (staff)

Alex Regalado (staff)

Lucretia Shaw Collins (staff)

Teresa B. Tinker (staff)

Georgia

Rep. Mandi L. Ballinger

Rep. Tommy Benton

Rep. Jon G. Burns

Rep. Kevin C. Cooke

Abby Day (staff)

Rep. Robert L. Dickey

Rep. Terry L. England

Rep. Bubber Epps Jr.

Sen. Steve Gooch

Rep. Trey Kelley

Rep. David W. Knight

Rep. Dominic F. LaRiccia

Rep. Charles E. Martin Jr.

Rep. Thomas A. McCall

Rep. John D. Meadows

Rep. Gregory A. Morris

Rep. Chad Nimmer

Rep. Randy O. Nix

Sen. Nan G. Orrock

Rep. Don L. Parsons

Rep. Allen M. Peake

Rep. Alan T. Powell

Rep. Jay Powell

Rep. Trey Rhodes

Rep. Dale Rutledge

Rep. Jason Shaw

Sen. Freddie Powell Sims

Rep. Lynn R. Smith

Rep. Mickey Stephens

Rep. Kevin K. Tanner

Matt Taylor (staff)

Rep. Thomas K. Taylor

Rep. Sam L. Watson

Sen. John K. Wilkinson

Rep. Chuck E. Williams

Hawaii

Rep. Henry J.C. Aquino

Rep. Richard P. Creagan

Rep. Lynn P. DeCoite

Sen. Donovan M. Dela Cruz

Rep. Cynthia F.W. Evans

Rep. Beth K. Fukumoto

Sen. G. Mike Gabbard

Rep. Cedric S.A. Gates

Rep. Sharon E. Har

Rep. Daniel Holt

Rep. Kaniela Ing

Sen. Lorraine R. Inouye

Rep. Samuel S. Kong

Rep. Christopher K.C. Lee

Rep. Nicole E. Lowen

Rep. Lauren N.K. Matsumoto

Sen. Clarence K. Nishihara

Rep. Sean A. Quinlan

Sen. Gilbert R. Riviere

Sen. Russell E. Ruderman

Rep. Cynthia H. Thielen

Sen. Laura H. Thielen

Rep. Ryan I. Yamane

Rep. Kyle T. Yamashita

Idaho

Rep. Thomas E. Dayley

Rep. Terry F. Gestrin

Rep. Clark Kauffman

Sen. Jim Patrick

Rep. Jeff D. Thompson

Illinois

Rep. Marcus C. Evans Jr.

Sen. David Koehler

Becky Locker

Laura Sinclair (staff)

Steve Thomas (staff)

Amanda Wallen (staff)

Indiana

Rep. Terri Jo Austin

mailto:[email protected]



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Rep. B. Patrick Bauer

Tyler Campbell (staff)

Sen. Ed Charbonneau

Rep. Ryan M. Dvorak

Rep. Sean R. Eberhart

Rep. Bill Friend

Sen. Susan Glick

Jack Halloran (staff)

Jessica Harmon (staff)

Sen. Eric A. Koch

Rep. Donald J. Lehe

Sen. Jim Merritt Jr.

Rep. David L. Ober

Rep. Ed Soliday

Rep. Mike Speedy

Rep. Heath R. VanNatter

Rep. David A. Wolkins

Iowa

Sen. Rita Hart

Rep. Charles Isenhart

Theresa Kehoe (staff)

Jace Mikels (staff)

Julie Simon (staff)

Kansas

Rep. Shannon G. Francis

Rep. David Hale

Sen. Mike Petersen

Rep. Richard J. Proehl

Kentucky

Lowell Atchley (staff)

Sen. Jared K. Carpenter

Sen. C.B. Embry Jr.

Sen. Ernie L. Harris Jr.

Jay Hartz (staff)

Harland Hatter

Sen. Paul R. Hornback

D. Todd Littlefield (staff)

Tanya Monsanto (staff)

Sen. Brandon D. Smith

John Snyder

Chuck Truesdell (staff)

Sen. Johnny Ray Turner

Louisiana

Rep. Stuart J. Bishop

Rep. Kenneth E. Havard

Su King (staff)

Rep. Terry C. Landry

Rep. Christopher J. Leopold

Tyler McCloud (staff)

Sen. Francis C. Thompson

Maine

Sen. Michael E. Carpenter

Rep. Owen D. Casas

Sen. Ronald F. Collins

Sen. Scott W. Cyrway

Rep. Jessica L. Fay

Sen. Geoffrey M. Gratwick

Rep. Denise P. Harlow

Rep. Andrew J. McLean

Sen. David R. Miramant

Rep. Jeffrey K. Pierce

Sen. Thomas B. Saviello

Rep. Scott W. Strom

Maryland

Delegate Pamela G. Beidle

Delegate Andrew Cassilly

Delegate Dereck E. Davis

Sen. George C. Edwards

Delegate Robert L. Flanagan

Delegate David Fraser-

Hidalgo

Delegate Barbara A. Frush

Delegate Tawanna P. Gaines

Delegate Anne Healey

Delegate Jay A. Jacobs

Delegate Sally Y. Jameson

Delegate Cory V. McCray

Sen. Thomas M. Middleton

Delegate Charles J. Otto

Sen. Paul G. Pinsky

Robert K. Smith (staff)

Delegate Dana M. Stein

T. Patrick Tracy (staff)

Sen. Ronald N. Young

Massachusetts

Sen. Michael J. Barrett

Thomas Bonarrigo (staff)

Rep. Tackey Chan

George Chapman IV (staff)

Sen. Cynthia S. Creem

Rep. Mark J. Cusack

Rep. Carolyn C. Dykema

Christopher D. Eicher (staff)

Rep. Ann-Margaret Ferrante

Rep. Michael J. Finn

Heather Friedmann (staff)

Rep. Susan Williams Gifford

Sen. Anne M. Gobi

Rep. Thomas A. Golden Jr.

Rep. Kate Hogan

Liam Holland (staff)

Rep. Russell E. Holmes

Rep. Steven S. Howitt

Rep. Randy Hunt

Joshua I. Katz, (staff)

Rep. Robert M. Koczera

Robert E. Libin (staff)

Rep. John J. Mahoney

Rep. Paul W. Mark

Rep. Christopher M. Markey

Sen. Thomas M. McGee

Rep. James R. Miceli

Rep. Aaron M. Michlewitz

Sen. Marc R. Pacheco

Rep. Denise Provost

Rep. Angelo J. Puppolo Jr.

Rep. John H. Rogers

Rep. Paul A. Schmid III

Laurel Schwab (staff)

Rep. Frank I. Smizik

Tyler Soleau (staff)

Rep. William M. Straus

Rep. Chris Walsh

Rep. Donald H. Wong

Michigan

Rep. Sue Allor

Loanna Ammerman

Ryan Bergan (staff)

John Bollman (staff)

Julie Cassidy (staff)

Rep. Triston Cole

Dan Dundas (staff)

Katie Hoeksema (staff)

Rep. Gary Howell

Josiah Kissling (staff)

Rep. Beau M. LaFave

Suzanne Lowe (staff)

Sarah Smock

Glenn Steffens (staff)

Bob Wilson

Minnesota

Rep. Connie Bernardy

Brad Hagemeier (staff)

Rep. Rick Hansen

Rep. Frank D. Hornstein

Rep. Debra Kiel

Andrew Lee (staff)

Chris Zempel (staff)

Mississippi

Rep. Larry Byrd

Sen. Deborah J. Dawkins

Robert Dowdle Jr (staff)

Rep. Casey Eure

Sen. Thomas A. Gollott

Sen. Billy Hudson

Sen. Robert L. Jackson

Dwan Johnson (staff)

Rep. Robert L. Johnson III

Rep. John T. Lamar

Rep. Steve E. Massengill

Oona McKenzie (staff)

Rep. Ken Morgan

Rep. Bill Pigott

Sen. Willie L. Simmons

Rep. Preston E. Sullivan

Sen. Brice Wiggins

Missouri

Rep. Sonya Murray Anderson

Rep. Jay D. Houghton

Sen. Mike Kehoe

Sen. Brian Munzlinger

Rep. Randy Pietzman

Sen. Gary Romine

Rep. Clem Smith

Montana

Sen. Patrick Connell

Sen. Jennifer Fielder

Rep. Bradley M. Hamlett

Rep. Ellie Boldman Hill

Smith

Rep. Tom Jacobson

Sen. Douglas L. Kary

Joe Kolman (staff)

Leanne Kurtz (staff)

Rep. Ryan Lynch

Jason Mohr (staff)

Megan Moore (staff)

Sonja Nowakowski (staff)

Sue O'Connell (staff)

Sen. J.P. Pomnichowski

Sen. Jon C. Sesso

Rep. Ray L. Shaw

Rep. Derek Skees

Rep. Bridget Smith

Hope Stockwell (staff)

Helen Thigpen, (staff)

Sen. Jeffrey W. Welborn

Nebraska

Sen. Joni Albrecht

Sen. Lydia N. Brasch

Sen. Steve Erdman

Kate Gaul (staff)

Sen. Rick Kolowski

Sen. John L. Kuehn

Sen. Tyson R. Larson

Sen. Anna Wishart

Nevada

Assemb. Christopher Brooks

Sen. Peter J. Goicoechea

Assemb. Heidi A. Swank

Assemb. Jim F. Wheeler

New Hampshire

Rep. Robert A. Backus

Rep. Richard W. Barry

Rep. John A. Graham

Michael Kane (staff)

Michael J. Landrigan (staff)

Rep. John T. O'Connor

Rep. Sherman A. Packard

Kevin P. Ripple (staff)

Christopher M. Shea, (staff)

Rep. Steven D. Smith

Rep. George E. Sykes

Rep. Michael Vose

Sen. David H. Watters

New Jersey

Julius Bailey

Kevil Duhon

Assemb. Tim J. Eustace

Sen. Bob M. Gordon

Assemb. Reed Gusciora

Judith L. Horowitz (staff)

Mark Magyar

Assemb. Angela McKnight

New Mexico

Jon Boller (staff)

Mark Edwards, (staff)

Rep. Greg Nibert

New York

Assemb. Kevin A. Cahill

North Carolina

Rep. John R. Bradford III

Jeff Cherry (staff)

Timothy Dale (staff)

Rep. Jimmy W. Dixon

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Wendy Graf Ray (staff)

Jeff Grimes

Sen. Rick W. Gunn

Rep. Pricey Harrison

Jeff Hudson (staff)

Sen. Brent Jackson

Peter Ledford (staff)

Rep. Pat McElraft

Jennifer McGinnis (staff)

Rep. Chuck W. McGrady

Jennifer Mundt (staff)

Sara E. Nienow (staff)

Giles Perry (staff)

Chris Saunders (staff)

Rep. Phil Shepard

Rep. Bob Steinburg

Rep. John D. Szoka

Rep. John A. Torbett

North Dakota

Sen. Randall A. Burckhard

Rep. Al Carlson

Rep. Chuck D. Damschen

Sen. Robert S. Erbele

Rep. Craig Headland

Sen. David Hogue

Sen. Gary A. Lee

Rep. Mike Lefor

Sen. Erin Oban

Rep. Dan J. Ruby

Rep. Vicky Steiner

Sen. Jessica K. Unruh

Ohio

Lisa Griffin (staff)

Rep. Stephanie Howse

Rep. David Leland

Sen. Bob Peterson

Sen. Michael J. Skindell

Rep. Scott Wiggam

Sen. Sandra R. Williams

Oklahoma

Kim Bishop (staff)

Sen. Larry Boggs

Sen. Eddie Fields

Sen. Darcy A. Jech

Mary J. Mitts (staff)

Sen. Roland Pederson

Mark Tygret (staff)

Brad Wolgamott (staff)

Oregon

Sen. William S. Hansell

Rep. Karin A. Power

Rep. Bradley K. Witt

Pennsylvania

Eric Bugaile, (staff)

Barry L. Denk (staff)

Rep. Stephen C. McCarter

Sen. John C. Rafferty Jr.

Vincent J. Rossi (staff)

Puerto Rico

Rep. Joel Franqui Atiles

Sen. Miguel Laureano

Corerra

Rep. Jose Banchs German

Carlos J. Ruiz- Irizarry (staff

Sen. Luis Berdiel Rivera

Sen. Eric Correra Rivera

Sen. Cirilo Tirado Rivera

Rep. Felix Lassalle Toro

Rhode Island

Sen. Stephen R. Archambault

Sen. Frank A. Ciccone III

Rep. John G. Edwards IV

Sen. Gayle L. Goldin

Rep. Arthur Handy

Rep. Brian P. Kennedy

Sen. Frank S. Lombardi

Sen. Frank S. Lombardo III

Sen. Joshua Miller

Sen. V. Susan Sosnowski

South Carolina

Heather Anderson (staff)

Paula G. Benson (staff)

Rep. Heather Ammons

Crawford

Rep. Chandra E. Dillard

Sen. Lawrence K. Grooms

Rep. David R. Hiott

Gene Hogan (staff)

Rep. Russell L. Ott

Rep. Michael A. Pitts

Sen. Luke A. Rankin Sr.

Jane O. Shuler (staff)

Rep. F. Michael Sottile

Sen. Daniel B. Verdin III

South Dakota

Rep. Daniel P. Ahlers

Rep. Thomas J. Brunner

Rep. Michael Clark

Sen. Justin R. Cronin

Rep. Mary Duvall

Rep. Oren L. Lesmeister

Rep. Elizabeth May

Sen. Ernie Otten

Rep. Herman Otten

Sen. Deb Peters

Rep. Larry R. Rhoden

Tennessee

Sen. Paul Bailey

Sen. Mike Bell

Sen. Janice Bowling

Rep. Curtis Halford

Sen. Thelma M. Harper

Stephanie Jarnagin (staff)

Rep. Ron Lollar

Sen. Frank S. Niceley

Sen. Jim Tracy

Callan Wilkerson (staff)

Sen. Ken Yager

Sen. Jeff Yarbro

Texas

Rep. Roberto R. Alonzo

Rep. Charles Anderson

Sen. Brandon Creighton

Rep. Yvonne Davis

Nicholas De La Garza (staff)

Cindy Ellison (staff)

Jennifer Jones (staff)

Sarah Kirkle (staff)

Rep. Armando A. Martinez

Barrett McPhaul (staff)

Sen. Jose Menendez

Sen. Borris L. Miles

Rep. Larry Phillips

Rep. Joseph C. Pickett

Rep. Ron Reynolds

Jennifer Stewart (staff)

Katharine Teleki (staff)

Patrick Tyler (staff)

Utah

Sen. D. Gregg Buxton

Rep. Kay J. Christofferson

Sen. Jim Dabakis

Sen. Margaret Dayton

Ivan Djambov (staff)

Rep. Stephen G. Handy

Rep. Lynn N. Hemingway

Sen. Daniel Hemmert

Sen. David P. Hinkins

Rep. Michael E. Noel

Rep. Scott D. Sandall

Rep. Mike Schultz

Rep. Christine F. Watkins

Vermont

Aaron Adler (staff)

Sen. Christopher A. Bray

Sen. Brian A. Campion

Daniel Dickerson (staff)

Helena Gardner (staff)

Rep. Curt A. McCormack

Michael O'Grady (staff)

Sen. John S. Rodgers

Neil Schickner (staff)

U.S. Virgin Islands

Sen. Terrence Nelson

Sen. Sammuel Sanes

Virginia

Delegate Richard Anderson

Sen. Richard H. Black

Sen. Charles W. Carrico Sr.

Sen. John S. Edwards

Sen. Emmett W. Hanger Jr.

Delegate Terry G. Kilgore

Sen. Lynwood W. Lewis Jr.

Sen. David W. Marsden

Sen. Stephen D. Newman

Sen. Thomas K. Norment Jr.

Anne Oman (staff)

Delegate Robert Orrock Sr.

Sen. J. Chapman Petersen

Jason Powell (staff)

Sen. Frank M. Ruff Jr.

Sen. William M. Stanley

Sen. Richard H. Stuart

Delegate David J. Toscano

Sen. Frank W. Wagner

Delegate R. Lee Ware Jr.

Washington

Jason Callahan (staff)

Sen. Maralyn Chase

Rep. Jake Fey

Rep. Joe Fitzgibbon

Sen. John R. McCoy

Rep. Jeff R. Morris

Rep. Ed Orcutt

Beth Redfield (staff)

Meg VanSchoorl (staff)

Gary Wilburn (staff)

West Virginia

Delegate Bill Anderson Jr.

Delegate Mick P. Bates

Seth Gaskins (staff)

Delegate Marty Gearheart

Sen. Richard N. Ojeda II

Ryan Simms

Sen. Randy E. Smith

Noelle Starek (staff)

Sen. David C. Sypolt

Wisconsin

Anna Henning (staff)

Rep. Joel Kleefisch

Larry Konopacki

Sen. Christopher J. Larson

Rachel Letzing (staff)

Steven McCarthy

Sen. Mark F. Miller

David Moore (staff)

Mary Pfotenhauer (staff)

Michael Queensland (staff)

Rep. Romaine R. Quinn

Wyoming

Sen. James Lee Anderson

Josh Anderson

Rep. Hans D. Hunt

Anna Mumford (staff)

Matt Obrecht (staff)

Ian Shaw (staff)

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Saturday, August 5

8:30 a.m. – 5 p.m.

Grand Ballroom B

Energy Supply Task Force

Contact [email protected] for more information

11 a.m. – 5 p.m.

Westin Waterfront,

Lobby

Agriculture Task Force


1:30 – 5 p.m.

Westin Waterfront,

Webster Room

BATIC Institute: P3 Basics Overview


Sunday, August 6

7:30 a.m. – 12:45

p.m.

Room 257 A

Agriculture Task Force


NATURAL RESOURCES AND INFRASTRUCTURE

COMMITTEE AGENDA

Co-Chairs:

Representative Curt A. McCormack, Vermont

Representative Ed Orcutt, Washington

Legislative Staff Co-Chairs:

David Beaujon, Colorado

Gene Hogan, South Carolina

Vice Chairs:

Senator Justin R. Cronin, South Dakota

Senator Rita Hart, Iowa

Senator Tyson R. Larson, Nebraska

Representative Chuck McGrady, North Carolina

Representative Andrew J. McLean, Maine

Representative Diane E. Mitsch Bush, Colorado

Representative Mary M. Mushinsky, Connecticut

Representative Dan Saddler, Alaska

Legislative Staff Vice Chairs:

Jace Mikels, Iowa

Jason Powell, Virginia

Rex Shattuck, Alaska

Hope Stockwell, Montana





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7:30 a.m. – 12:45

p.m.

Commonwealth

Ballroom B

Military and Veterans Affairs Task Force


7:30 a.m. – 12:45

p.m.

Room 254 AB

Energy Policy Summit


8:30 a.m. – Noon

Westin Waterfront,

Webster Room

BATIC Institute: P3 Basics Overview


2:15 – 3:45 p.m.

Room 253 C

Keeping Homes Heated!

The rapid growth of natural gas and renewables in our energy mix is

challenging the capacity of the nation’s transmission lines and pipelines.

Both new infrastructure and better management tools will be needed to

ensure the stability and reliability of our energy delivery system. Examine

state, federal and industry efforts to overcome challenges related to

infrastructure siting, permitting and financing.

Moderator:

Heather Anderson, staff attorney, South Carolina General Assembly

Speakers:

Tony Clark, senior advisor, Wilkinson Barker Knauer LLP – Former FERC

Commissioner

Pete Sheffield, vice president of U.S. External Affairs, Enbridge

Elin Swanson Katz, consumer counsel, Connecticut Office of the Consumer

Counsel

4 – 5:30 p.m.

Room 253 C

NRI Committee Federal Update and Policy Review

Committee staff will provide updates on the latest federal news and the

committee will engage in a discussion session on pressing state-federal

issues.

Presiding:

Representative Curt A. McCormack, Vermont, co-chair, NRI Committee

Representative Ed Orcutt, Washington, co-chair, NRI Committee

Speaker:

Lisa Soronen, executive director, State and Local Legal Center

5:30 – 7:30 p.m.

The Lawn on D,420 D

Street, Boston MA

02210

Opening Reception

We’re having a party and it’s for you! Come join us at The Lawn on D so

you can have the ultimate New England experience. Network with your

peers over festive appetizers, New England wines and local craft beers.




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Monday, August 7

7:30 – 8:30 a.m.

Room 253 C

Food and Farm Breakfast

Join us for a full breakfast briefing about how bilateral trade creates jobs and

economic opportunities, builds on our respective efficiencies and creates a

more competitive and integrated agriculture and food industry.

Moderator:

Senator Rita Hart, Iowa, co-chair, NCSL Agriculture Task Force

Speaker:

Jason Hafemeister, acting deputy undersecretary for trade and foreign

agricultural affairs, USDA

NCSL is grateful for ADM’s support for this session.

8:45 – 10 a.m.

Room 151 AB

NRI Committee Business Meeting

All legislators and legislative staff are encouraged to attend the Business

Meeting and consider Policy Directives and Resolutions that will guide the

NRI Committee’s advocacy efforts before Congress and the administration.

Join us as the committee debates and votes on policies that guide the

Committee’s advocacy work in Washington D.C.

Presiding:

Representative Curt A. McCormack, Vermont, co-chair, NRI Committee

Representative Ed Orcutt, Washington, co-chair, NRI Committee

10:15 – 11:45 a.m.

Room 253 C

Critical Status: How Financing Can Help Address America’s

Infrastructure Crisis

There are multiple financial tools available to help build, maintain and

operate critical infrastructure in the U.S., but some have been underutilized

or misunderstood. Learn how states and the federal government can use

public-private partnerships (P3s), bonding, value capture and federal

financing to help improve transportation, water, energy and other kinds of

infrastructure. Hear about NCSL’s newly released guiding principles for

state legislatures to consider when creating P3 laws.

Moderator:

Representative Andrew McLean, transportation chair, Maine House of

Representatives

Speaker:

Alex Herrgott, associate director for infrastructure, Council on

Environmental Quality

Panelists:

Deborah E. Brown, director, alternate delivery, WSP USA

Kathy Ruffalo, principal, Ruffalo & Associates

Shant Boyajian, associate, Nossaman LLP

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Noon – 1:15 p.m.

Room 253 C

The Future of Electricity: Embracing New Technology

The U.S. electric power industry is undergoing a profound transformation.

The rapid pace of technological change and evolving electric customer needs

and expectations are driving that transformation. Explore how new

technologies are changing the electric power sector and how policies and

regulations need to keep up pace with this innovation to ensure your state

can be at the forefront of realizing its benefits.

Moderator:

Representative Dan Saddler, Alaska State Legislature

Speaker:

Honorable Philip D. Moeller, executive vice president, Business

Operations Group and Regulatory Affairs, Edison Electric Institute

NCSL is grateful for Edison Electric Institute’s support for this session.

1:30 – 3:00 p.m.

Room 253 C

Drones – Regulating the Future of Unmanned Aviation

One of the hottest topics in the news and state legislatures is how unmanned

aircraft systems (UAS), commonly referred to as drones, should be

regulated. Some in the drone industry have concerns over the potential for a

“patchwork system” and have sought to have the federal government exert

sole control. Join us for a discussion between states, the federal government

and the UAS industry on where policymakers go from here.

Moderator:

Assemblyman Elliot Anderson, Nevada

Panelists:

Hoot Gibson, senior advisor for UAS, Federal Aviation Administration

Greg McNeal, co-founder, AirMap

Brendan Schulman, vice president of policy & legal affairs, DJI

3:15 – 5:00 p.m.

Room 210 ABC

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.

Tuesday, August 8

9 – 10 a.m. General Session – Voters’ Opinions: Where do we Stand?

From budgets to taxes, education to healthcare, Americans are demanding

action from their legislators—right now. But what issues matter most? What

do voters truly want to hear? Find out how to speak to your constituents with

the words (and visuals) that work for the issues and concerns that matter.

Frank Luntz is one of the nation's foremost political commentators and

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pollsters. Known as the Focus Group Czar, he captures the attitudes of

American voters on politics, policies and the direction of the country.

10:15 a.m. – 1:15

p.m. Tour of the Wind Technology Testing Center

Contact [email protected] for more information.

12:30 – 2 p.m. Exhibit Hall Luncheon

Enjoy a delicious lunch with your colleagues and visit exhibitors from

around the nation with interesting information and policy perspectives.

2:15 – 3:30 p.m. Room 253 B

Creating a Smart Power Grid

Technology is rapidly transforming the grid. These changes—including

smart meters, household devices, and energy storage—increase resiliency

and efficiency while providing utilities and consumers greater control. But

data privacy and risk of cyber-attacks are concerns. Explore the advantages

of an intelligent grid and the potential risks through case studies.

Moderator:

Representative Jeff Morris, Washington

Speakers:

John Barnick, industry solution executive, ABB Enterprise Software

Dan Chwastyk, manager of utility strategy, Smart Electric Power

Association

Marcy Reed, president, National Grid Massachusetts

3:45 – 5 p.m. Room 253 B

Water Knows No Boundaries

Droughts, shifting populations and industrial needs threaten our water

supplies. Innovations in data collection and withdrawal practices, however,

can help states manage the demands for surface and groundwater water and

decrease interstate conflicts over this precious resource. Learn from other

state experiences how to best promote sustainable water use.

Moderator:

Larry Morandi, former director of state policy research, National

Conference of State Legislatures

Speaker:

Peter Gleick, president and co-founder, Pacific Institute for Studies in

Development, Environment and Security

Respondents:

Senator Jerry Sonnenberg, Colorado

Delegate Tawanna Gaines, Maryland


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Wednesday, August 9

9:30 – 10:45 a.m.

Room 151 AB

Preparing for Natural Disasters

Natural disasters take a toll on states and their budgets and cuts in federal

support for mitigation activities and disaster relief have been proposed.

Discuss building codes, intergovernmental collaboration and other strategies

that can make your state more resilient without breaking the bank.

Moderator:

Anne Stauffer, director of fiscal federalism, Pew Charitable Trusts

Speakers:

Dean Savramis, director, Region 1, Federal Emergency Management

Agency

Hadi Sedigh, associate legislative director for justice and public safety,

National Association of Counties

Representative Jonathan Singer, Colorado House of Representatives

Ellen Vaughn, policy director, Sustainable Buildings, Environmental and

Energy Study Institute

11 a.m.– 12:15 p.m.

Room 104

The Legal Landscape of Autonomous Vehicles

Bryant Walker Smith, a nationally recognized expert on autonomous

vehicles, will share his insight on the existing legal framework, legislative

trends and how laws may need to change to address this technology. Hear

from legislative and industry respondents on how they perceive the fast-

moving technological climate and requisite policy changes needed.

Speakers:

Hilary Cain, director of technology and innovation policy, Toyota Motor

North America

Bryant Walker Smith, assistant professor, University of South Carolina

School of Law

Respondents:

Representative Robert M. Spendlove, Utah

Representative William M. Straus, Massachusetts

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NRI COMMITTEE ONLINE RESOURCES Updated July 26, 2017

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 and agriculture;

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-to-date databases that track legislation introduced in all 50

states, the District of Columbia and Puerto Rico:

o ENVIRONMENT/ENERGY

o TRANSPORTATION

o AGRICULTURE

http://www.ncsl.org/ncsl-in-dc/standing-committees/natural-resources-and-infrastructure.aspx

http://www.ncsl.org/ncsl-in-dc/task-forces/policies-natural-resources-and-infrastructure.aspx

http://www.ncsl.org/research/environment-and-natural-resources/nri-committee-letters-to-us-congress.aspx

http://www.ncsl.org/ncsl-in-dc/standing-committees/natural-resources-and-infrastructure/newsletter-archives.aspx

http://www.ncsl.org/research/agriculture-and-rural-development/nri-info-alert-archives.aspx

http://www.ncsl.org/research/energy/ncsl-meeting-resources-archive.aspx

http://www.ncsl.org/default.aspx?tabid=13011



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NCSL NATURAL RESOURCES AND INFRASTRUCTURE

COMMITTEE

BUSINESS MEETING AGENDA

Monday, August 7, 2017

8:45 - 10 a.m. │Room 151 AB

• 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

▪ State Sovereignty in Air Ambulance Regulation

▪ Wildfire Funding

o Proposed Policy Resolutions

▪ Autonomous Vehicles

▪ Black Vulture

▪ National Appliance Efficiency Standards

▪ Year Round E15

o Proposed Amendments to Existing Policy Resolutions

▪ Organized Deployment of Unmanned Aerial Systems (UAS)

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o Proposed Amendments to Existing Policy Directives

▪ Federal Chemical Policy

▪ National Agriculture

▪ Waterways and Ports

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POLICY SUMMARIES

The Natural Resources and Infrastructure Committee will consider the following policy

directives and resolutions at the 2017 Legislative Summit:

Existing Policy Resolutions for Reconsideration

Avian Flu Response: This is an existing resolution that 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 an existing resolution that focuses on the state-federal relationship for the

development of any potential funding and regulations of air emissions.

Cover Crop Research: This an existing resolution that urges the federal government to support

efforts to further the development of and proliferation and use of cover crops.

Pollinator Health: This is an existing resolution that expresses support for federal efforts to

protect pollinators.

State Sovereignty in Air Ambulance Regulation: This is an existing resolution that 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.

Wildfire Funding: This is an existing resolution that urges the federal government to address

budget issues for wildfire suppression and supports funding wildfires as natural disasters.

Proposed Policy Resolutions

Autonomous Vehicles: This is a new resolution that recognizes the need to clearly define state

and federal roles as well as to avoid unnecessary federal preemption and burdensome federal

mandates as states and the federal government work to understand and regulate autonomous

vehicles.

Black Vulture: This is a new resolution that calls upon the U.S. Fish and Wildlife Service to

transition from a pilot program in the statewide depredation permit process for the Black

Vulture, to standard operating procedure, providing relief to all affected, not just some, by the

Vulture.

National Appliance Efficiency Standards: This is a new resolution that urges Congress and the

Department of Energy to provide full funding for the Appliance and Equipment Standards

Program, to amend standards as statutorily required, and to regularly review standards and resist

the repeal of existing standards.

Year Round E15: This is a new resolution that states support for the Consumer and Fuel Retailer

Choice Act which would remove EPA restrictions on selling E15 from June 1 through Sept. 15.

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Proposed Amendments to Existing Policy Resolution

Organized Deployment of Unmanned Aerial Systems (UAS): This is an update to an existing

resolution. The proposed changes would add language to provide for state authority and federal

coordination in the organized deployment of drones.

Proposed Amendments to Existing Policy Directives

Federal Chemical Policy: This is an existing policy directive. The proposed changes include a

significant update to the policy to reflect the passage of the Frank R. Lautenberg Chemical

Safety for the 21st Century Act—the first update to the Toxic Substances Control Act (TSCA)

which was enacted in 1976.

National Agriculture: This is an existing policy directive. The proposed changes include the

addition of a new section on industrial hemp farming that would support federal legislation to

define industrial hemp as a distinct agricultural crop and to allow states to regulate commercial

hemp farming.

Waterways and Ports: This is an existing policy directive. The proposed change adds language

that would call on Congress to significantly increase federal investment in inland waterways, as

part of the ‘Intermodal Connectors’ section.

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NCSL Standing Committee on Natural Resources and Infrastructure

POLICY DIRECTIVES AND RESOLUTIONS

2017 NCSL Legislative Summit

Boston, Massachusetts

Table of Contents

AVIAN FLU RESPONSE .............................................................................................. 19

CLIMATE CHANGE ...................................................................................................... 22

COVER CROP RESEARCH ......................................................................................... 26

POLLINATOR HEALTH ............................................................................................... 27

STATE SOVERIGNTY IN AIR AMBULANCE REGUALTION ...................................... 30

WILDFIRE FUNDING .................................................................................................... 32

AUTONOMOUS VEHICLES ......................................................................................... 34

BLACK VULTURE ........................................................................................................ 36

NATIONAL APPLIANCE EFFICIENCY STANDARDS ................................................ 38

YEAR-ROUND E15....................................................................................................... 40

ORGANIZED DEPLOYMENT OF UNMANNED AERIAL SYSTEMS (UAS) ................ 42

FEDERAL CHEMICAL POLICY ................................................................................... 46

NATIONAL AGRICULTURE ......................................................................................... 49

WATERWAYS AND PORTS ........................................................................................ 57

BACK TO THE TABLE OF CONTENTS

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COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE 1

POLICY: AVIAN FLU RESPONSE 2

TYPE: RESOLUTION 3

A resolution of the National Conference of State Legislatures, expressing support for 4

federal efforts to increase funding for avian flu research and vaccine development 5

efforts. 6

7

WHEREAS, US farmers, poultry processing and food production plants supply a 8

significant portion of poultry products consumed nationally and internationally; and, 9

10

WHEREAS, agriculture is a key driver of rural and state economies and the tremendous 11

productivity of United States farmers benefits the national economy and the country's 12

international trade balance; and, 13

14

WHEREAS, the highly pathogenic avian influenza (HPAI) H5N1 strain is a new mixed-15

origin virus that combines the H5 genes from the Asian HPAI H5N1 virus with N genes 16

from native North American avian influenza viruses found in wild birds; and, 17

18

WHEREAS, according to the USDA, since December 2014, confirmed cases of HPAI 19

H5 have been reported in the Pacific, Central, and Mississippi flyways (or migratory bird 20

paths). The disease has been found in wild birds, as well as in a few backyard and 21

commercial poultry flocks. The Centers for Disease Control and Prevention (CDC) 22

considers the risk to people from these HPAI H5 infections to be low; and, 23

24

WHEREAS, 223 detections of HPAI H5 have been reported across 15 states, with the 25

Midwest being hit the hardest, affecting over 48 million birds; and, 26

27


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WHEREAS, farmers and agriculture related businesses have seen significant losses in 28

revenue and workers have been laid off or subject to reduced work hours; and, 29

WHEREAS, according to USDA statistics, nationwide, over 11% of the nation’s laying 30

hens and over 3% of the nation’s annual turkey production have been impacted to date, 31

resulting in a significant threat to United States agriculture and the ability of our farmers 32

to feed a growing world population; and, 33

34

WHEREAS, state and federal governments have invested millions of dollars to address 35

the fallout associated with H5N1 and find solutions to the virus; and, 36

37

WHEREAS, the USDA Agricultural Research Service (ARS), Southeast Poultry 38

Research Lab (SEPRL) is working to evaluate and develop avian influenza (AI) 39

vaccines; and, 40

41

WHEREAS, the National Conference of State Legislatures (NCSL) recognizes the 42

serious threats posed by the HPAI outbreak and the key role that the federal 43

government plays in harnessing resources and providing assistance to farmers and 44

others affected by the virus. 45

46

NOW, THEREFORE, BE IT RESOLVED by the NCSL that it fully supports recent 47

federal efforts to protect poultry production and the nation’s food supply by aggressively 48

working to contain and remediate outbreaks when they occur. NCSL also supports 49

federal efforts to serve as technical advisors and the clearinghouse of information for all 50

sectors, and investigating ways to stop the spread of the virus; and, 51

52

BE IT FURTHER RESOLVED, that the NCSL strongly encourages the federal 53

government to increase the funding necessary for state and federal agencies to 54

continue development of biosecurity containment strategies, time sensitive approaches 55

to sharing information, and more aggressive research into what is causing avian 56


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influenza, why some fowl are more susceptible, and prevention measures, including the 57

development of vaccines, that can be taken; and, 58

59

BE IT FURTHER RESOLVED, that federal agencies should work closely with the states 60

to align HPAI efforts and share best practices; and, 61

62

BE IT FURTHER RESOLVED that NCSL and the states are willing partners in the 63

federal government's HPAI efforts and will closely monitor federal actions and progress 64

on these and related efforts of utmost importance to the states and our nation's food 65

supply, rural agriculture economies, environment, and natural resources.66


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POLICY: CLIMATE CHANGE 2

TYPE: RESOLUTION 3

NCSL urges the federal government to consult with state elected officials, their national 4

representative organizations and existing interstate partnerships in developing a federal 5

program. As Congress and the administration examine proposals for reducing 6

greenhouse gas emissions, the National Conference of State Legislatures encourages 7

the federal government to always take the following principles into account: 8

• Federal action should be flexible, allowing for a range of complementary 9

strategies at the state and federal level maintaining a strong role for state, local 10

and tribal government in any federal action. 11

• Federal legislation should provide states the authority and flexibility to work within 12

an overall framework; to apply the law effectively to all sources of emissions and 13

ensure achievement of climate change goals in the most cost effective, timely 14

and efficient manner for each state. 15

• Federal legislation should not preempt state or local governments from enacting 16

policy options that differ from federal choices or from enacting stricter or stronger 17

measures within their jurisdiction. 18

• Federal legislation should afford states the flexibility to form regional 19

cooperatives and implement innovative policies that advance federal efforts to 20

reduce the effects of climate change. 21

• Congress must authorize and appropriate sufficient funds for federal, state and 22

local governments to implement any federal legislation. These funds should be 23

newly authorized appropriations, not reprogrammed resources. 24

• Federal legislation should ensure state legislative authority in any federal climate 25

change legislation and affirm the active role played by state legislatures in both 26

fiscal and substantive aspects of state policymaking. 27


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• Federal legislation providing for the allocation of greenhouse gas reduction 28

programs to states should include language making decisions related to such 29

allowances subject to state legislative approval. 30

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 37

hampering investment in generation, transmission and distribution and enhance 38

the likelihood that appropriate technologies will be developed and other solutions 39

implemented so as to achieve the desired reductions in GHG emissions in the 40

most economical manner possible. 41

• Federal legislation should be designed appropriately to balance competing 42

criteria, including, but not limited to, equity, economic efficiency and ease of 43

administration. 44

• Revenue derived from a greenhouse gas reduction program should be directed 45

to complimentary policies focused on mitigating climate change consumer costs 46

including but not limited to energy research & development, weatherization, 47

conservation and energy efficiency activities. 48

• A national program to reduce GHG emissions must also address adaptation 49

issues. 50

• Auctioning of allowances may be the most economically efficient mechanism for 51

achieving a GHG emissions reductions goal. However, the allocation of 52

emissions allowances at no cost can serve as an appropriate transition measure 53

necessary to ensure continued reliability, minimize economic dislocation resulting 54

from the carbon intensity of the existing infrastructure, and allow for development 55

and deployment of needed new technologies and measures to reduce emissions. 56


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• Priority distribution of allowances at no cost should be to those entities in affected 57

sectors where existing regulatory structure provides the necessary oversight to 58

ensure that the value of such allowances is accounted for in establishing price 59

rates for consumers. 60

• The allocation of greenhouse gas reduction program to states under a federal 61

greenhouse gas reduction program should include language making decisions 62

related to such allowances subject to state legislative approval. 63

• The establishment of any new federal program should include provisions for 64

transparent reporting and accountability and incorporate the use of third party 65

verification to ensure reported outcomes are verifiable. 66

67

Unintended Consequences 68

NCSL believes that federal legislation regarding the reduction of greenhouse gases 69

should take into account the implications of actions and/or inactions on economic 70

development, energy security, and those most vulnerable citizens. Evaluation should 71

include the life cycle impacts of policy options including ancillary impacts. 72

73

NCSL believes that federal legislation should require continuing assessments of the 74

potential impacts to the United States of climate change, by state or region including 75

effects on water resources, agriculture, infrastructure, natural systems, environmental 76

quality, public health, biodiversity and the cultures of our native peoples. Such an 77

assessment will support the development of domestic and international adaptation-78

mitigation strategies. The Environmental Protection Agency (EPA) should provide 79

funding and assist states in developing assessments and adaptation plans at the state 80

and regional level. 81

82

NCSL also urges the federal government to fully consider how legislation will affect low-83

income households that already struggle to balance needs and expenses. NCSL 84

encourages the federal government to expand and enhance long-term funding for the 85

Department of Energy's Weatherization Assistance Program and to ensure that any new 86


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federal program does not undermine existing federal, state and private sector energy 87

assistance and outreach programs that assist our most vulnerable citizens. 88

89

Research and Development 90

NCSL strongly urges the federal government to authorize and appropriate funding and 91

provide other incentives to spur expanded research and development (R&D), as well as 92

advance the demonstration and deployment of new and existing technologies to 93

improve energy efficiency, advance mitigation strategies and reduce greenhouse gas 94

emissions. 95

96

NCSL urges the federal government: 97

• To ensure that legislation not limit the diversity of technologies supported, as 98

future advancements cannot be predicted. 99

• To take into account state and regional differences, and not limit or specify the 100

technologies used in each state and ensure sufficient flexibility for each State to 101

determine how to best achieve nationally-set goals. 102

• To promote current and future innovations and expand the use of such 103

technology through R&D transfer agreements with other countries. 104


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POLICY: COVER CROP RESEARCH 2

TYPE: RESOLUTION 3

WHEREAS, growing concerns about water quality, soil fertility, weed control, nematode 4

control, water retention and biodiversity; and, 5

6

WHEREAS, farmers need real solutions to solve concerns and maintain yields and 7

profits; and, 8

9

WHEREAS, cover crops have proven to increase yields in university studies as well as 10

in replicated farm research on real-world field plots; are an increasingly popular way to 11

keep soil healthy; help reduce the need for N and other nutrients, and create a healthier 12

soil environment that resists disease and pests; inhibit weed growth by shading them 13

out, by preventing emergence, and by compounds exuded by the roots; are shown to 14

reduce populations of pathogenic nematodes and encourage populations of beneficial 15

ones; break up soil compaction whether it is naturally occurring or a result of heavy 16

cultivation and tillage; add diversity to the natural biological life in heavily farmed soils, 17

often working in synergy with cash crops for bottom line benefits; add diversity to the 18

natural biological life in heavily farmed soils, often working in synergy with cash crops 19

for bottom line benefits. 20

21

NOW, THEREFORE, BE IT RESOLVED, that the National Conference of State 22

Legislatures supports federal efforts to further the development of and proliferation and 23

use of cover crops; and, 24

25

BE IT FURTHER RESOLVED, that this resolution be submitted to appropriate federal 26

officials and the U.S. Congress. 27


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POLICY: POLLINATOR HEALTH 2

TYPE: RESOLUTION 3

A resolution of the National Conference of State Legislatures (NCSL) Natural 4

Resources and Infrastructure Committee, recognizing the importance of pollinators, 5

stressing the negative ramifications of continued pollinator loss, and expressing support 6

for federal efforts to protect pollinators. 7

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 10

agricultural output; and, 11

12

WHEREAS, in addition to food, pollinators also are vital to the production of fibers, 13

edible oils, medicines, and other products; and, 14

15

WHEREAS, urban and rural beekeepers play an important role in state and federal 16

agricultural production; and, 17

18

WHEREAS, agriculture is a key driver of rural and state economies and the tremendous 19

productivity of United States farmers benefits the national economy and the country's 20

international trade balance; and, 21

22

WHEREAS, pollinator loss poses a significant threat to United States agriculture and 23

the ability of our farmers to feed a growing world population; and, 24

25

WHEREAS, pollinators are essential organisms in the ecosystems that provide 26

biodiversity, recreation and enjoyment for people and habitat for wild plants and 27

animals; and, 28


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WHEREAS, the NCSL recognizes the serious threats posed by pollinator loss and the 29

key roles that the federal government plays as landowner and manager, regulator of 30

pesticide products, and financial and technical assistance provider to farmers and other 31

private landowners. 32

33

NOW, THEREFORE, BE IT RESOLVED by the NCSL Natural Resources and 34

Infrastructure Committee that it fully supports recent federal efforts to: develop best 35

management practices and enhance pollinator habitat on federally owned or managed 36

lands; incorporate pollinator health as a component of all future federal restoration and 37

reclamation projects; revise guidance documents for designed landscapes and public 38

buildings in order to incorporate pollinator-friendly practices; increase both the acreage 39

and forage value of pollinator habitat in the Conservation Reserve Program and other 40

federal conservation programs; provide technical assistance in collaboration with land-41

grant university-based cooperative extension services to federal departments and 42

agencies, state, local, and tribal governments, and other entities and individuals 43

including farmers and ranchers; assist states and state wildlife organizations, as 44

appropriate, in identifying and implementing projects to conserve pollinators through the 45

revision and implementation of State Wildlife Action Plans; assess the effects of 46

systemic pesticides and parasites on bee and other pollinator health and take 47

corresponding action, as appropriate, to protect pollinators from pesticides and 48

parasites; and take immediate measures to support pollinators with proper habitat and 49

nutrition during the current growing season and thereafter, including planting pollinator-50

friendly vegetation, increasing flower diversity in plantings, limiting mowing practices, 51

and reduce or avoid, when necessary, the use of pesticides in sensitive pollinator 52

habitats through the use of integrated vegetation, pest and colony management 53

practices; and, 54

55

BE IT FURTHER RESOLVED that states work closely with affected individuals and 56

serve as laboratories of innovation in problem solving and policy making. Federal 57


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agencies should work closely with the states to align pollinator protection efforts and 58

share best practices; and, 59

60

BE IT FURTHER RESOLVED that NCSL and the states are willing partners in the 61

federal government's pollinator protection efforts and will closely monitor federal actions 62

and progress on these and related efforts of utmost importance to the states and our 63

nation's food supply, urban and rural agriculture economies, environment, and natural 64

resources.65


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POLICY: STATE SOVERIGNTY IN AIR AMBULANCE 2

REGULATION 3

TYPE: RESOLUTION 4

WHEREAS, as many rural hospitals have recently closed, air ambulance services have 5

become increasingly necessary and are being used more frequently to transport 6

patients to faraway hospitals in an emergency; and, 7

8

WHEREAS, competition among air ambulance services have increased costs; and, 9

10

WHEREAS, air ambulance services can cost patients tens of thousands of dollars out-11

of-pocket when companies do not accept a patient’s insurance, and emergency patients 12

rarely have the capacity to choose their own air ambulance company; and, 13

14

WHEREAS, some air ambulance companies refuse to reveal actual costs to insurers, 15

and some insurers are unwilling to pay market value for the service; and, 16

17

WHEREAS, federal government Medicare reimbursements cover only a small portion of 18

the actual cost of an air ambulance, forcing air ambulance companies to charge patients 19

more; and, 20

21

WHEREAS, under the Airline Deregulation Act, states cannot regulate routes, services 22

or prices of air ambulances. 23

24

NOW, THEREFORE, BE IT RESOLVED, that NCSL supports state sovereignty in air 25

ambulance regulation in order to protect patients from overwhelming financial burdens 26

for emergency medical services; and, 27

28


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BE IT FURTHER RESOLVED, that NCSL urges Congress to amend the Airline 29

Deregulation Act in order to provide states the authority to enforce insurance regulations 30

on air ambulance providers to protect consumers.31


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POLICY: WILDFIRE FUNDING 2

TYPE: RESOLUTION 3

A resolution of the National Conference of State Legislators (NCSL) urging the federal 4

government to address insufficient budget mechanisms for wildfire suppression and 5

expressing support for federal efforts to fund catastrophic fires as natural disasters. 6

7

WHEREAS, Wildfire suppression costs have increased dramatically in the last decade; 8

and, 9

10

WHEREAS, In the past two years, the U.S. Forest Service has had to transfer more 11

than $1 billion from other programs within the agency to pay for fighting wildfires; and, 12

13

WHEREAS, these fire transfers deplete resources from vital fire prevention and 14

mitigation programs, including forest restoration and management activities to reduce 15

future fire risk; and, 16

17

WHEREAS, increased fire activity can have substantially negative impacts on air 18

quality, water quality, greenhouse gas emissions as well as reduce downstream water 19

storage as sediment runoff lowers the effective level of dams and reservoirs; and, 20

21

WHEREAS, reduced restoration and mitigation funding also makes it easier for invasive 22

pests and diseases to infest vulnerable forests; and, 23

24

WHEREAS, anticipated changes in climate will also cause fire risk to escalate in 25

drought-ridden regions, further increasing wildfire suppression costs; and, 26

27

WHEREAS, federal funding for wildfire suppression is currently allocated using the 10-28

year average cost for wildfire suppression activities; and, 29


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WHEREAS, NCSL recognizes that wildfires must be managed on a regional basis and 30

that increased risk for wildfires on federal lands ultimately will lead to increased costs for 31

state wildfire programs. 32

33

NOW, THEREFORE, BE IT RESOLVED, that NCSL urges Congress to address the 34

budget structure of wildland fire accounts. NCSL believes that any federal policy on 35

wildfires should minimize the risk of fire transfers from prevention and mitigation 36

programs and support federal actions that would fund catastrophic wildfires similar to 37

natural disasters. 38


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POLICY: AUTONOMOUS VEHICLES 2

TYPE: DRAFT RESOLUTION 3

The automobile is on the cusp of a technological transformation with the potential to 4

both revolutionize personal mobility and provide immeasurable safety benefits. As 5

vehicles that operate on public roads are subject to both state, federal and local 6

jurisdiction, the National Conference of State Legislatures (NCSL) understands the 7

need to clearly define state and federal roles as well as avoid unnecessary federal 8

preemption and burdensome federal mandates. 9

10

State Authority to Regulate Autonomous Vehicle Testing 11

NCSL agrees that the National Highway Traffic Safety Administration (NHTSA) should 12

be the sole entity setting federal motor vehicle safety standards (FMVSS) for 13

autonomous vehicles, equivalent to their current role for conventional vehicles. 14

However, NCSL strongly believes that states are the sole authority when it comes to 15

vehicle use—which includes vehicle registration; driver licensing and education; traffic 16

laws, regulations and enforcement; and insurance and liability. NCSL is opposed to 17

congressional or administration proposals that would seek to preempt this authority from 18

states by prohibiting states from prescribing certain standards or regulations related to 19

autonomous vehicle testing, including requirements related to the presence of a human 20

driver. 21

22

FMVSS Exemptions 23

NCSL recognizes, appreciates, and agrees that authority to issue exemptions of 24

FMVSS remains solely in the realm of the Secretary of Transportation. However, NCSL 25

strongly encourages the Secretary (or applicable designated agency) to ensure that any 26

exemption of existing motor vehicle safety standards provides a safety level at least 27


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equal to the safety level of the standard. Further, as exemptions are granted, NCSL 28

implores the department to provide such information to states, in a timely manner. 29

30

Advisory Councils 31

NCSL requests that state legislators be appointed to or included in any congressional or 32

administration task force, council, or other advisory group related to the development of 33

autonomous vehicles. NCSL encourages congressional and administration task forces 34

to work with NCSL to help ensure the appropriate states are included. 35

36

Cybersecurity Information Sharing 37

Cybersecurity is a vital aspect of autonomous vehicles. As vehicles begin to 38

communicate with each other (vehicle-to-vehicle or V2V) as well with infrastructure 39

(vehicle-to-infrastructure, V2I, and V2X), the potential risk of cyberattacks and security 40

breaches greatly increases. NCSL urges both the administration and Congress to both 41

share any threat information with state governments and to work with states to ensure 42

that such threats and affected vehicle populations do not become endemic. A 43

collaborative effort is vital in ensuring such safety. 44


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POLICY: BLACK VULTURE 2


WHEREAS, the Black Vulture is a scavenger and feeds primarily on already-dead 4

animals; and, 5

6

WHEREAS, they also feed on living animals, often attacking birthing animals; and, 7

8

WHEREAS, the species has proliferated over the last 30 years and broadened its 9

geographical range; and, 10

11

WHEREAS, maintenance of the species must take into consideration that the Black 12

Vulture is protected by the Migratory Bird Treaty Act; and, 13

14

WHEREAS, the US Fish & Wildlife Service (USFWS) is authorized, under certain 15

conditions, to issue a depredation permit for Black Vultures; and, 16

17

WHEREAS, USFWS has developed pilot programs in Tennessee and Kentucky in 18

which a single, statewide depredation permit is granted for each state; and, 19

20

WHEREAS, the holder of the statewide permit is authorized to include persons seeking 21

relief from the damage caused by Black Vultures; and, 22

23

WHEREAS, the authorized “sub-permittees” are bound by all the terms of the primary 24

permit. 25

26

NOW, THEREFORE, BE IT RESOLVED, that the National Conference of State 27

Legislatures (NCSL), calls upon USFWS to make a transition in the statewide 28


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depredation permit process from pilot program to standard operational procedure in the 29

management of Black Vultures; and, 30

31

BE IT FURTHER RESOLVED, that USFWS, in each state that is experiencing livestock 32

predation/injury from Black Vultures, determine the appropriate state agriculture/wildlife 33

agency or non-governmental organization (NGO) recognized for farm advocacy and 34

award that agency/NGO the aforementioned permit. 35


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POLICY: NATIONAL APPLIANCE EFFICIENCY 2

STANDARDS 3


WHEREAS, energy efficiency standards as promulgated by the U.S. Department of 5

Energy following enactment of the Energy Policy and Conservation Act of 1975, 6

National Appliance Energy Conservation Act of 1987 and 1988 (NAECA), Energy Policy 7

Act of 1992, Energy Policy Act of 2005 and the Energy Independence and Security Act 8

of 2007, for appliances, equipment, and lighting protect consumers, are a cost-effective 9

means to reduce energy and water waste, lower utility bills and decrease pollutants and 10

atmospheric emissions including greenhouse gas emissions; and, 11

12

WHEREAS, an average U.S. household saves about $500 per year on utility bills 13

because of these existing standards; and, 14

15

WHEREAS, U.S. businesses save about $23 billion annually because of these existing 16

standards, money that can be invested in jobs or spent in local economies; and, 17

18

WHEREAS, efficiency standards stimulate innovative technologies, which are beneficial 19

to American manufacturers in a competitive global environment; and, 20

21

WHEREAS, lower energy and water use helps mitigate the need for new utility 22

infrastructure. 23

24

NOW, THEREFORE, BE IT RESOLVED, that the NCSL urges the Congress and the 25

Department of Energy (DOE) to fully fund and continue this highly successful program; 26

and, 27


39 | P a g e

28

BE IT FURTHER RESOLVED, that the NCSL strongly urges DOE to amend standards 29

as stipulated by law and in accordance with the review schedule dictated by Congress; 30

and, 31

32

BE IT FURTHER RESOLVED, that Congress continue to require DOE to regularly 33

review standards for appropriate updates and to resist any attempt to repeal existing 34

standards. 35


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POLICY: YEAR-ROUND E15 2


WHEREAS, EPA has approved fuel blends with 15 percent ethanol and 85 percent 4

gasoline. E15 provides higher octane to improve vehicle performance and historically 5

costs less than regular E10 gasoline. Current Environmental Protection Agency (EPA) 6

restrictions prohibit most of the country from selling E15 from June 1 through 7

September 15. However, retailers in air quality non-attainment areas can offer E15 8

year-round due to the greater reduction in exhaust emissions; and, 9

10

WHEREAS, the United States Department of Agriculture’s most recent report on corn-11

based ethanol stated that “greenhouse gas emissions associated with corn-based 12

ethanol in the United States are about 43 percent lower than gasoline when measured 13

on an energy equivalent basis;” and, 14

15

WHEREAS, as the farm economic downturn continues, states and rural communities 16

are looking for increased market and economic opportunities for their agricultural 17

products. Removal of this EPA regulatory barrier is one important way to provide more 18

demand for agriculture, at no cost to the government, while also providing significant 19

benefits to both state economies and consumers; and, 20

21

WHEREAS, H.R. 1311 and S. 517, the Consumer and Fuel Retailer Choice Act 22

removes this unnecessary EPA limitation, giving consumers a choice at the pump that 23

saves them money, enhances vehicle performance, improves the environment, and 24

increases state economic output. S. 517 is sponsored by Senator Deb Fischer (R-Neb.), 25

a former National Conference of State Legislatures (NCSL) Executive Committee 26

member. 27

28


41 | P a g e

NOW, THEREFORE, BE IT RESOLVED, NCSL supports H.R. 1311 and S. 517.29


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POLICY: ORGANIZED DEPLOYMENT OF UNMANNED 2

AERIAL SYSTEMS (UAS) 3

TYPE: DRAFT POLICY RESOLUTION 4

WHEREAS, the Federal Aviation Administration (FAA) anticipates there will be up to 4 5

million drones by 2020. Already the FAA has registered more than 750,000 drone 6

operators for use in the National Airspace, far more than the 200,000 manned aircraft in 7

the United States; and, millions of Unmanned Aerial Systems (UAS) have been 8

purchased by hobbyists for use in airspace of the United States which is regulated by 9

the Federal Aviation Administration (FAA), and 10

11

WHEREAS, the lack of formal rules and regulations pertaining to the use of UAS by 12

hobbyists has resulted in a frontier mentality for use and judgment in that air space; 13

and, 14

15

WHEREAS, the FAA does not yet have the preventative enforcement tools for rules or 16

laws when developed that the States have; and, 17

18

WHEREAS, as of November 2015June 2017, 49 nearly all states haveevery state has 19

considered legislation addressing UAS, with 26 ABC37 states having enacteding new 20

laws; and, 21

22

WHEREAS, the National Conference of State Legislatures (NCSL) has having 23

previously created a UAS Foundation Partnership to facilitate candid discussions 24

between state policymakers, industry leaders and end-users, to identify options for 25

maximizing the benefits of UAS while also addressing privacy, safety and 4th 26

Amendment concerns; and, 27


43 | P a g e

28

WHEREAS, the FAA continues its works to integrate UAS rules or laws into American 29

airspace, state policymakers and their constituents are working to tap the potential of 30

UAS for public and private applications; and, 31

32

WHEREAS, the U.S Court of Appeals for the District of Columbia eliminated an FAA 33

requirement for drone registration by hobbyists who operate their drone purely for 34

recreation; and, 35

36

WHEREAS, many examples of federal delegation of authority to states currently exist. 37

38

NOW, THEREFORE, BE IT RESOLVED, NCSL recognizes FAA’s general authority 39

over the national airspace but believes it is imperative to preserve the authority of state 40

governments to issue reasonable restrictions on the time, manner and place of drone 41

operations as they relate to states’ traditional police powers, including to protect public 42

safety and security, personal privacy, property rights and manage land use; and, 43

44

BE IT FUTHER RESOLVED, NCSL believes without a federal UAS registration 45

requirement states be allowed to implement their own such requirement; and, 46

47

BE IT FURTHER RESOLVED, NCSL strongly believes in the need for federal and state 48

governments to work together to manage the organized deployment of recreational and 49

commercial drones and that should the FAA require registration of all UAS, states 50

should be allowed to conduct this registration and enforcement of federal UAS rules if 51

they so choose and that the federal government should ensure that adequate resources 52

be available to states for proper enforcement. BE IT RESOLVED, that NCSL 53

constructively engage with the FAA and other parts of the federal government in order 54

to build partnerships with states for the organized deployment of UAS that respects 55

privacy, safety and 4th amendment issu56


44 | P a g e


POLICY: ORGANIZED DEPLOYMENT OF UNMANNED 2

AERIAL SYSTEMS (UAS) 3

TYPE: DRAFT POLICY RESOLUTION 4

WHEREAS, the Federal Aviation Administration (FAA) anticipates there will be up to 4 5

million drones by 2020. Already the FAA has registered more than 750,000 drone 6

operators for use in the National Airspace, far more than the 200,000 manned aircraft in 7

the United States; and, 8

9

WHEREAS, the lack of formal rules and regulations pertaining to the use of UAS by 10

hobbyists has resulted in a frontier mentality for use and judgment in that air space; 11

and, 12

13

WHEREAS, the FAA does not yet have the preventative enforcement tools for rules or 14

laws when developed; and, 15

16

WHEREAS, as of June 2017, every state has considered legislation addressing UAS, 17

with 37 states having enacted laws; and, 18

19

WHEREAS, the National Conference of State Legislatures (NCSL) having previously 20

created a UAS Foundation Partnership to facilitate candid discussions between state 21

policymakers, industry leaders and end-users, to identify options for maximizing the 22

benefits of UAS while also addressing privacy, safety and 4th Amendment concerns; 23

and, 24

25


45 | P a g e

WHEREAS, the FAA continues its work to integrate UAS rules or laws into American 26

airspace, state policymakers and their constituents are working to tap the potential of 27

UAS for public and private applications; and, 28

29

WHEREAS, the U.S Court of Appeals for the District of Columbia eliminated an FAA 30

requirement for drone registration by hobbyists who operate their drone purely for 31

recreation; and, 32

33

WHEREAS, many examples of federal delegation of authority to states currently exist. 34

35

NOW, THEREFORE, BE IT RESOLVED, NCSL recognizes FAA’s general authority 36

over the national airspace but believes it is imperative to preserve the authority of state 37

governments to issue reasonable restrictions on the time, manner and place of drone 38

operations as they relate to states’ traditional police powers, including to protect public 39

safety and security, personal privacy, property rights and manage land use; and, 40

41

BE IT FUTHER RESOLVED, NCSL believes without a federal UAS registration 42

requirement states be allowed to implement their own such requirement; and, 43

44

BE IT FURTHER RESOLVED, NCSL strongly believes in the need for federal and state 45

governments to work together to manage the organized deployment of recreational and 46

commercial drones and that states should be allowed to conduct enforcement of federal 47

UAS rules if they so choose and that the federal government should ensure adequate 48

resources be available to states for proper enforcement. 49


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POLICY: FEDERAL CHEMICAL POLICY 2

TYPE: DRAFT POLICY DIRECTIVE 3

In 2016 Congress passed the Frank R. Lautenberg Chemical Safety for the 21st 4

Century Act (LCSA), updating the Toxic Substances Control Act (TSCA) of 1976, which 5

provides the U.S. Environmental Protection Agency (EPA) with the authority to require 6

reporting, record-keeping, and safety testing of chemical substances and/or mixtures. 7

TSCA also gives EPA the power to restrict the use of chemicals. Certain substances are 8

generally excluded from TSCA, including food, drugs, cosmetics, and pesticides, which 9

are regulated under different federal laws. 10

11

Ensure Statutory Implementation 12

Amended TSCA now sets the global standard for the quality of scientific review of 13

chemicals. Accordingly, NCSL strongly urges EPA to meet all statutory deadlines within 14

LCSA in order to: maintain the public’s confidence in the safety of consumer products 15

containing toxic chemicals, implement new scientific standards and continue to keep 16

pace with modern science, and to ensure that the United States continues to lead our 17

trading partners in the quality of our public health and environmental reviews of all 18

chemicals. EPA must assure that the nation’s interest in a strong American business of 19

chemistry is protected, and that the United States maintains its ability to produce 20

products that save lives, protect our children, make our economy more energy efficient, 21

and reduce greenhouse gas emissions. 22

23

Appropriate Funding and Establish User Fees 24

NCSL urges Congress to appropriate full funding for LCSA implementation and 25

supports the requirement for EPA to collect fees for both new and existing chemicals. 26

Section 26 of the Act provides EPA the authority to collect fees that help defray the 27

costs of administering the provisions on collecting and managing information, 28


47 | P a g e

implementing the new chemicals program, and evaluating and regulating existing 29

chemicals. NCSL strongly urges EPA to implement the user fee program as 30

expeditiously as possible, assuring that EPA can continue to manage its new chemicals 31

review program efficiently, as well as undertake and complete risk evaluations on 32

schedule, and provide states with resources and assistance as necessary to implement 33

the program. Efficient implementation of LCSA will allow states to better target health 34

and environmental programs to address matters of local and regional need and interest 35

Additionally, as many states do not have the staff nor the resources to sufficiently 36

protect their citizens from harmful chemicals, NCSL urges Congress to appropriate 37

targeted funding for state grant programs under TSCA, in recognition of the enhanced 38

state-federal relationship, allowing states to fund compliance monitoring programs to 39

prevent or eliminate risks to health or the environment associated with chemical 40

substances or mixtures. 41

42

Preserve State Authority and Improve State-Federal Coordination 43

NCSL encourages EPA to interact regularly with states as it continues to build and 44

deliver a strong national chemical regulatory system, while encouraging robust 45

interstate commerce and domestic manufacturing that is globally competitive. NCSL 46

urges EPA to continue a dialogue with states, providing outreach and education on 47

LCSA, ensuring that states are aware their authorities concerning chemical safety and 48

opportunities to leverage EPA implementation of LCSA to focus state resources for 49

greater state benefit. Additionally, NCSL urges EPA to act in a timely and transparent 50

manner on a state’s chemical regulatory waivers as EPA completes its review of 51

chemicals, limiting the scope of pause-preemption. NCSL strongly urges EPA to not 52

preempt states further than statutorily allowed. 53

54

Prompt and Effective Action on Harmful Chemicals in Products and Places that 55

Could Harm People 56

NCSL urges EPA to expedite reviews and elimination of persistent, bioaccumulative and 57

toxic chemicals (PBTs) as they are uniquely dangerous and should be phased out of 58


48 | P a g e

commerce except for critical uses that lack viable alternatives. NCSL also supports 59

statutory requirements directing EPA to complete risk evaluations based solely on 60

human health and environmental considerations. The agency should also ensure that 61

reviews of chemicals incorporate protection of vulnerable subpopulations, including 62

children, low-income people, racial and ethnic minorities, workers, and pregnant 63

women. Where vulnerable subpopulations are specific to geographic locations, whether 64

local, state, or regional, NCSL urges EPA to make this identification early and seek 65

state input, including from affected indigenous populations. 66

67

Ensure Access to Mandatory Safety Data on All Chemicals 68

Considering limitations on sharing confidential business information (CBI) with the 69

public, NCSL urges EPA to provide unhindered access to mandatory safety data on all 70

chemicals, and sharing of CBI data, with state governments, health and environmental 71

professionals, and first responders in order for them to protect the public and those with 72

potential exposure to chemicals. Further, to facilitate states’ ability to receive CBI 73

information about chemicals from EPA, NCSL urges EPA to promptly complete its 74

guidance document for states. 75

76

Additionally, NCSL urges EPA to continue to provide appropriate contextual materials to 77

affected communities to accompany Toxics Release Inventory (TRI) reports to assure 78

that emergency response agencies will understand and be able to respond safety to 79

chemical releases to protect people who live in the vicinity of facilities required to file 80

TRI reports. EPA and the reporting industries should continue working to ensure that 81

reported TRI data is communicated to the public in an understandable manner that 82

includes a description of the risk of release specific chemicals pose to the public and 83

emergency response teams, how these materials are managed to control release, and 84

an assessment of the risk to public health and welfare in the event of regulated or 85

accidental release. 86

1


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POLICY: NATIONAL AGRICULTURE 2


The National Conference of State Legislatures (NCSL) believes that maintaining a 4

strong production agriculture capacity is critical to our nation’s strength and is a matter 5

of national security. NCSL recognizes that decisions affecting American agriculture 6

must reflect a working partnership of the federal government with the states in both the 7

formulation and implementation of policy. 8

9

Agricultural Fiscal Policy 10

NCSL urges federal efforts designed to enhance farm income while increasing 11

agricultural exports. Monetary policies must be implemented which promote low interest 12

rates and maintain dollar exchange rates which enhance the potential for sale of this 13

nation's commodities in international markets. The federal government must also 14

maintain a stable financial network capable of supplying adequate amounts of 15

affordable credit to the agricultural industry. The government must also continue to 16

search for innovative financing tools which enhance the ability of agricultural producers 17

to manage risk and stabilize income. In addition, any domestic farm program must work 18

in conjunction with a strong, aggressive export program which protects and expands our 19

export markets. 20

21

State legislators should be represented on any working or study group for the purpose 22

of addressing long term agriculture lending and payment needs established by 23

Congress or the executive branch. NCSL urges Congress to review the existing 24

payment limitations for individual farmers and program eligibility requirements to ensure 25

that they provide support to economically efficient farming operations and promote the 26

preservation of the family farm. In addition, the Conference recommends that all federal 27

agricultural adjustment payments, price-support program loans, payments and other 28


50 | P a g e

benefits not related to soil conservation efforts be limited to citizens of this country or 29

aliens lawfully admitted for permanent residence. 30

31

Secondary Market for Long-Term Loans 32

NCSL urges the federal government to work with states to assure that the provisions of 33

the Agricultural Credit Act of 1987 continue to be fully implemented. 34

35

Bankruptcy law 36

NCSL supports federal legislation to permanently extend allowing farm operations to 37

declare Chapter 12 bankruptcy. 38

39

Farm Credit System (FCS) 40

NCSL encourages farm credit institutions to work with farmer-borrowers to restructure 41

debt. NCSL urges that any disposition of land and assets held by the System or its units 42

be conducted in an orderly fashion so that such disposition does not adversely affect 43

the value of those assets or of other property within the community. NCSL also urges 44

that FCS institutions continue to work with producers to provide necessary financing for 45

changes in payments and crops resulting from adjustments to federal programs. 46

47

Commercial Lending Institutions 48

NCSL believes that as federal financial assistance is provided to member institutions of 49

the FCS, assistance should also be provided to commercial lending institutions that 50

provide credit to agriculture. Furthermore, Federal Deposit Insurance Corporation 51

(FDIC) policies and federal bank regulation procedures must be reviewed to ensure that 52

the maximum assistance is being provided to troubled borrowers, without compromising 53

the safety and soundness of the institution or the assets of the FDIC. 54

55

Agricultural Bonds 56

NCSL supports exempting agricultural bonds from the federal volume cap placed on 57

industrial revenue bonds in each state. Furthermore, NCSL recommends that the 58


51 | P a g e

President and U.S. Congress amend the federal Internal Revenue Code to make the 59

use of agricultural bonds more attractive to banks and other financial institutions. NCSL 60

also recommends that the federal government permit deductibility for loans financed by 61

issuers that are not necessarily small issuers as defined by the Internal Revenue Code. 62

63

Crop Insurance 64

NCSL supports a state-federal partnership to develop a fair and affordable crop 65

insurance program that complements other risk management tools available in the 66

marketplace for all crops. NCSL supports an efficient program that promotes informed 67

production and management decisions. NCSL also supports federal efforts to 68

encourage private-sector development of innovative risk management tools. However, 69

any plan for crop insurance must not adversely impact a state's ability to levy premium 70

taxes, regulate the business of private insurance or set solvency standards for private 71

crop insurers. 72

73

Marketing 74

NCSL seeks a federal policy that will sustain a vibrant agricultural marketplace and 75

strong farm economy while providing for competition and fair practices. The federal 76

government should cooperate fully with states' efforts to supplement private sector 77

marketing programs by providing comprehensive marketing, promotion and market 78

development activities. These should include, at a minimum, sustained commitments to 79

the provision of data on market trends and consumer demands, technical assistance, 80

financial assistance and public education campaigns. 81

82

Special emphasis must be placed upon the development of new markets through the 83

creation of demand for new crops or products or additional sources of demand for 84

existing commodities and products; the improvement of linkages between buyers and 85

sellers; a shift toward the sale of processed, not raw, commodities and high value cash 86

crops; and the identification and analysis of potential markets. All parties, both public 87

and private sector, must work together to develop effective strategies to exploit those 88


52 | P a g e

opportunities fully and to maintain an ongoing ability to respond to changing consumer 89

demands. 90

91

Direct Marketing Arrangements 92

NCSL recommends that Congress review the Packers and Stockyards Act as a 93

mechanism for addressing unfair practices that may occur under direct marketing 94

arrangements, monitor activities in this area, and enact appropriate and timely 95

legislation to safeguard the welfare of producers. NCSL urges Congress and USDA to 96

strengthen and diligently enforce the provisions of the Packers and Stockyards Act in 97

concert with the clear intent of the Act to curb monopolistic abuses in the concentrated 98

meatpacking sector. 99

100

Competition 101

Family farmers ultimately derive their income from the agricultural marketplace. 102

Congress must set rules to improve the competitive environment of agriculture so that 103

farmers are able to retain a greater portion of their income. 104

105

Natural Resource Conservation 106

All federal government actions affecting natural resources should be conducted in close 107

cooperation and only after consultation and coordination with the states. A strong 108

commitment to conduct research, in the area of improved methods of natural resource 109

conservation and protection, must be maintained. The federal government should work 110

with state and local governments to develop agricultural land use policies, but should 111

leave the responsibility for establishment of these policies to the state and local 112

governments. NCSL favors a block grant approach that gives states maximum flexibility. 113

NCSL supports the use of science, technology and effective practices to reduce nutrient 114

losses to water, including nitrogen and phosphorus, from point and nonpoint sources. 115

116

We encourage significant federal investment in state-supported projects—with an 117

emphasis on watershed-based public-private partnerships—that provide for 118


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accountability and transparency, as evidenced by the establishment of goals, timelines, 119

milestones, monitoring, measurement and regular public reporting documenting 120

improvements in the quality of water in public waterways. Fundamentally, NCSL 121

believes that states must be given a much stronger voice in ensuring that federal 122

wetlands, endangered species, and land management policies respect the rights of 123

local landowners and states. 124

125

Wetlands and Endangered Species 126

The federal government should delegate authority to states for the development, 127

administration, and enforcement of wetlands protection and endangered species 128

programs. The national government, acting through USDA, should set broad national 129

goals and standards for wetlands protection and preservation of endangered species, 130

but states should have the flexibility to meet those goals. The federal government, 131

furthermore, should provide financial and technical assistance as incentives to 132

encourage states to assume primacy over wetlands and endangered species programs. 133

134

Land Management 135

Devolution of authority to states should also be a goal of federal land management 136

policies. Demonstration projects should be established to determine if state 137

administration of national forests, grasslands, parks and other federal property will result 138

in cost savings to taxpayers and greater sensitivity to the concerns of local citizens and 139

property owners. NCSL, moreover, encourages Congress and federal agencies to hold 140

hearings and public meetings in order to hear the concerns of state and local officials 141

and of ordinary citizens and property holders regarding the impact of federal 142

landownership and regulation. 143

144

Soil Conservation 145

NCSL supports an ongoing education program to make certain that producers are fully 146

aware of the need for proper soil conservation practices and of the best methods to use 147

in their implementation. Diligent efforts must be made by the federal government to 148


54 | P a g e

ensure that proper soil conservation practices are adopted and that fragile, erodible land 149

is protected. 150

151

NCSL supports requiring that each farm have and follow an approved soil and water 152

conservation plan in order to obtain government assistance. Benefits may be denied if a 153

crop is grown in violation of this requirement. Further, NCSL supports continued 154

extension of the Conservation Reserve Program and federal efforts to protect 155

pollinators, including those that are vital to American food production. 156

157

Research and Development 158

NCSL supports the state-federal partnership in agricultural research at state 159

universities. Furthermore, funds must be made available to support research and 160

development of innovative products. Funds should also be used for dissemination of 161

information about research discoveries both domestically and abroad. It is particularly 162

important that the land grant universities maintain their commitment to agricultural 163

research and development and that the federal government provide sufficient research 164

dollars to support this vital effort. 165

166

NCSL urges the federal government to maintain a strong research program for the 167

development of adequate, cost-effective and environmentally sound control measures 168

to ensure the eradication of all insect and plant pests and animal diseases, which 169

should be done in close cooperation with the states. Using existing mechanisms and 170

institutions, the federal government should work with the states in providing the basic 171

training and retraining opportunities necessary for the successful operation of an 172

agricultural enterprise and for the continuing adjustment of producers to changing 173

conditions in agriculture. 174

175

Intellectual Property Rights in Publicly Funded Research 176

NCSL calls on Congress to review the Bayh-Dole Act of 1980 and subsequent 177

amendments for its impact on encouraging concentration and vertical integration within 178


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the agricultural sector, and for its consistency with the mission and purpose of the Land 179

Grant College system. Further, Congress should increase federal support for 180

agricultural research, and retain through grant and contract provisions greater portions 181

of technology arising from such research within the public domain. Congress should 182

also affirm as objectives of the Land Grant Colleges’ agricultural research mission to 183

achieve broad dissemination and producer access to crop technology, and preserve 184

and enhance the income and economic opportunities of producers. 185

186

Beginning Farmer Programs 187

The National Conference of State Legislatures supports a state-federal partnership to 188

confront challenges faced by farmers and beginning farmers, including the use of 189

federal tax incentives to support state-based development and loan programs. NCSL 190

supports changes to the federal Internal Revenue code that reduce borrowing costs for 191

qualifying farmers and strengthen state beginning farmer programs. NCSL is particularly 192

supportive of beginning farmer and other training programs that provide assistance for 193

military veterans and limited-resource farmers. Furthermore, NCSL supports raising the 194

total volume of state bonding authority to free resources for beginner farmer programs if 195

achieved in a manner consistent with a balanced federal budget. 196

197

In collaboration with state governments, as well as public and private local partners, 198

NCSL supports investment in joint research, demonstration and development of food 199

systems that provide opportunity to young and beginning farmers with limited assets, to 200

produce and deliver affordable, healthy, fresh, nutritious food to consumers within the 201

local and regional markets where the producers operate, toward a goal of national food 202

self-sufficiency and optimal health. 203

204

Agriculture Biofuels 205

NCSL believes that the U.S. Department of Agriculture (USDA) should be the lead 206

federal agency to examine regulatory issues as they develop for the algaculture 207

(Farming Algae) industry. 208


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209

Support State Regulation of Agricultural Biotechnology 210

NCSL supports the responsible use of the beneficial qualities of agricultural 211

biotechnology such as in improved crop production techniques, pharmaceuticals, anti-212

immune disease control, biodegradable plastics, and other potential benefits to people 213

in their states, the nation, the world and the global environment. NCSL supports the 214

continued regulation of agricultural biotechnology through state and territorial 215

governments working in close collaboration and partnership with the Coordinated 216

Framework for Regulation of Biotechnology administered by the U.S. Environmental 217

Protection Agency (EPA), USDA, and U.S. Food and Drug Administration (FDA). 218

219

Industrial Hemp Farming 220

NCSL Supports federal legislation to define industrial help as a distinct agricultural crop 221

(1% or less THC content) and allow states to regulate commercial hemp farming. 222

Currently 33 states have laws allowing hemp research or farming. NCSL believes that 223

hemp has a long history as a sustainable and a profitable crop, and has great potential 224

as a new crop for American agriculture and industry. According to Vote Hemp, an 225

estimated $687 million worth of hemp products were sold in the U.S. in 2016, including 226

foods, body care products, clothing, auto parts, building materials, and paper. Most of 227

these products were made from imported hemp due to federal policy that prohibits 228

commercial hemp farming. NCSL believes that federal policies that obstruct industrial 229

hemp farming are outdated and must be changed. 230


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POLICY: WATERWAYS AND PORTS 2


The National Conference of State Legislatures (NCSL) recognizes the substantial 4

benefits to the nation of the U.S. system of waterways and ports by providing access to 5

the world’s markets and the combined efforts of all levels of government and users in 6

sharing the cost of port and waterway development and maintenance. NCSL further 7

acknowledges the distinctive roles played by the states and the federal government in 8

financing waterways and ports. The increase of state and local financial support in 9

recent years should be concomitant with an increased planning authority, which is 10

particularly important for the integration and support of other transportation systems for 11

enhanced waterway and port activity. 12

13

Ports 14

NCSL believes that in order to sustain U.S. leadership in global trade: 15

• The nation’s ports must receive adequate federal funds to improve and maintain 16

federal navigational channels. 17

• 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 21

is a break in faith from the purpose of the Harbor Maintenance Tax and results in 22

the imposition of a competitive burden without providing needed improvements 23

necessary to achieve efficiencies to offset added taxes. 24

25

Intermodal Connectors 26

NCSL calls on Congress to significantly increase federal investment in highway, inland 27

waterways, and rail infrastructure and provide states added flexibility to improve 28


58 | P a g e

intermodal connectors and surface transportation systems near the nation’s ports. 29

Where feasible, NCSL also encourages and supports the deployment of ferry crossings. 30

31

Maritime Security 32

NCSL believes that port security is a state-federal partnership, critical to the nation’s 33

homeland security strategy and that states need clear federal direction to ensure that 34

resources are focused on the most needed security improvements. 35

36

As such, NCSL supports the Department of Homeland Security’s Port Security Grant 37

Program, which is vital to ports’ abilities to make improvements quickly and comply with 38

the Maritime Transportation Security Act of 2002. Federal assistance should fund 39

federal directives and requirements regarding enhanced security of publicly operated 40

ferries and the inspection of vehicles and freight in order to avoid unfunded federal 41

mandates. 42

43

Foreign Imports 44

NCSL supports: 45

• Action by the Federal Maritime Commission to restrict foreign cargo shipments 46

from nations that discriminate against U.S. carriers. 47

• Complying with the requirements, regarding the importation of hazardous 48

materials, of the National Environmental Policy Act to insure proper notification 49

and assessment of environmental impact. 50

51

Inland Waterways 52

NCSL supports the continued predominant federal role in inland waterway capital and 53

operating expenditures due to the interstate commerce nature of this transportation 54

system as well as the implementation of the 2014 Water Resources Reform and 55

Development Act (WRRDA). NCSL also supports increased investment in the Inland 56

Waterways Trust Fund to repair and modernize the existing infrastructure. The 57

commercial barge and towing companies, joined by a diverse coalition of stakeholders, 58


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unanimously and voluntarily requested a 45 percent increase to the per gallon user fee 59

to address the growing backlog of needed lock and dam construction. Congress 60

approved the increase in 2014, and should now increase the federal level of investment 61

to lock and dam infrastructure commensurate with the increasing revenue deposited 62

into the Inland Waterways Trust Fund, to ensure full use of these funds annually, based 63

on industry-endorsed capital investment strategy recommendations on priority 64

projects. NCSL supports the utilization of U.S. Department of Transportation 65

discretionary funds for emergency assistance to states for ports and waterways. 66

67

Waterways—General 68

NCSL believes that: 69

• The role of the U.S. Coast Guard in directing waterborne traffic should be 70

enhanced. As such, adequate emergency response plans should be developed 71

with a review of existing contingency plans. Additionally, Congress should 72

continue to fund the Coast Guard's Integrated Deepwater Systems program while 73

maintaining existing funding for other transportation programs. 74

• The user fee method of financing expenses incurred primarily for the user's 75

benefit is an appropriate mechanism. However, the effect of such charges in a 76

competitive worldwide environment should be carefully scrutinized. Any 77

assessed fees should be equitable and nondiscriminatory and should be 78

protected in trust fund accounts with their expenditure limited to the purposes for 79

which they were collected. As such, commercial barge and towing should be 80

directed solely to the Inland Waterways Trust Fund. Recreational boat user fees 81

should be directed solely to boating safety programs. Additionally, user fees 82

should not be assessed on commercial traffic to recover uncompensated benefits 83

to civilian navigation and search and rescue activities. 84

• A comprehensive liability and compensation system on marine environment 85

should be maintained at the federal level to provide vulnerable states with a 86

means of environmental restoration in the event of a shipping accident, or as a 87

result of invasive species. 88


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89

It should be the policy of the United States to require that domestic oil producers and 90

common carriers develop the capability to safely transport crude oil and other liquefied 91

petroleum products and to quickly and effectively contain and clean up oil spills that 92

occur. 93

Documents

NATURAL RESOURCES AND INFRASTRUCTURE … · NCSL Standing Committee on Natural Resources and Infrastructure ... Rep. Susan Williams Gifford Sen. Anne M. Gobi ... Rep. Bill Pigott