WHAT’S IN THE WATER? State Agriculture Officials Look at Innovation, not Regulation, to Protect Water Quality

By Jake Hegeman, Vice President

At this week’s National Association of State Departments of Agriculture (NASDA) Winter Policy Conference, water policy issues took center stage among environmental concerns impacting the sector.  While NASDA is no stranger to water quality – a long-standing priority for farmers and regulators alike – what stood out at this meeting was the focus on innovative policies that minimize regulatory challenges and enhance water quality.

In particular, discussion focused on voluntary approaches to water quality protection.  While many aspects of today’s farms are regulated by the Clean Water Act as “point sources,” runoff from fields and pastures generally falls outside this definition.  To help address this issue, states have been looking at ways to promote the use of voluntary Best Management Practices (BMPs) for agricultural lands.  While the BMP concept itself is not new, some states are incentivizing participation in BMP programs by coupling participation with a presumption of compliance with state water quality requirements.  States following this approach reported that farmers are embracing the concept because of the certainty the program creates.  Some of the BMPs available include multi-cropping, new tillage practices and the use of advanced technologies to “right size” fertilizer application.

Building on this concept, some states reported they are also exploring the use of voluntary contracts between the landowner and state to provide even longer term certainty, so long as applicable BMP requirements are met.

Yet, while innovative programs are underway in some states, regulatory challenges remain.  In particular, meeting attendees discussed U.S. EPA’s May 2013 deadline to comply with a new Spill Prevention Control and Countermeasure (SPCC) requirement for farms.  This requirement, which calls for certain farms with above or below ground oil or oil product tanks to prepare SPCC plans, has raised questions about the exact reach of the rule.  In particular, the rule requires a plan from farms that could “reasonably be expected to discharge oil to navigable waters of the US or adjoining shorelines, such as lakes, rivers and streams.”  While some guidance is provided regarding what this means, questions remains over exactly which farms are covered.  At the meeting, NASDA members indicated an interest in seeing rule implementation delayed to allow time to address these issues.

These were just a few of the environmental topics taken up at the meeting, but they illustrate the work being undertaken by state officials to meet increasing global food demands in an environmentally responsible manner.

NASDA will next meet in September at its Annual Meeting in Asheville, North Carolina.

To view a complete list of Groups that have upcoming events visit http://www.stateside.com/groups/groups-schedule-by-organization/.

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Jake Hegeman is Vice President at Stateside Associates managing the Regulatory Services Division. He works with clients on a wide range of state and local regulatory advocacy efforts, with specific expertise in the issue-areas of energy, environment, agriculture and natural resources.

New Association of Clean Air Agencies

By Mark Anderson, Senior Vice President

The Association of Air Pollution Control Agencies (AAPCA) has been created as an association of state and local clean air agencies. This new association is a separate organization from the longstanding National Association of Clean Air Agencies (NACAA).

AAPCA is being staffed by Batelle Corporation and is expected to have its first meeting in March in Columbus, Ohio. The initial 16 member states of AAPCA are Alabama, Florida, Indiana, Kentucky, Louisiana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, Tennessee, Texas, Virginia, West Virginia and Wyoming. In 2013, Kentucky, Nebraska, Nevada, Tennessee, Virginia and West Virginia will be members of both AAPCA and NACAA. The remaining states are no longer members of NACAA. Ohio local air agencies are expected to also become part of AAPCA in 2013.

Discussions about the formation of the organization and the separation of a number of states from NACAA began in the fall of 2011. These discussions were initiated because of the dissatisfaction by some of the states over positions on federal policy promoted by NACAA.

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Mark Anderson is Senior Vice President working at Stateside Associates managing the Regulatory Services Division. He advises clients on engagement strategy and directs educational and “grasstops” campaigns directed at governors and regulatory officials. Mr. Anderson also has created issue advocacy coalitions and facilitates work group meetings of state and federal stakeholders addressing environmental issues.

 

A Tale of Two Counties: Energy Development Helps Counties Go from Bust to Boom

By Jake Hegeman, Vice President

What are the biggest issues facing local governments in the Western United States? That was my question when I attended the National Association of Counties (NACo) Western Interstate Region conference in Santa Fe, New Mexico. This annual meeting brings together county officials from Midwestern and Western states to discuss common issues and identify key policy priorities—with a particular focus on agriculture, rural affairs and public lands issues. Attended by approximately 200 officials, this year’s meeting covered these issues, as well as local health care and economic development, but it was energy production (or a lack thereof) that really struck me as the hot topic for local governments throughout the West today.

A look out of a plane window over Western states shows signs of this new energy frontier—drill sites and wind turbines are becoming standard scenery in many areas. In particular, technology advances in oil and gas production have brought new energy projects online and helped drive significant economic growth in many western communities. Highlighting this trend was the news that North Dakota has become the nation’s #2 oil producer, surpassing Alaska nearly a year earlier than anticipated. North Dakota also features the lowest unemployment rate in the country.

Finding the right policies to promote energy development and reap its economic benefits are key issues at the county level. In particular, having both the right zoning and tax policies is critical. Zoning requirements that allow for development but preserve aesthetic and other quality of life factors can be instrumental in creating communities that will be successful in the long-term.  Similarly, local sales and real estate transfer taxes that balance revenue generation and economic development can be the difference between energy creating a boom or bringing with it a bust. Adding to this equation are state and federal regulatory issues—in particular an emerging patchwork of environmental requirements—that could slow the development of future projects.

Officials at the meeting also warned of logistical challenges for counties with developing energy industries. Most discussed was the need for infrastructure improvements to support the massive influx of energy sector workers. Citing years of population decline in many rural areas coupled with scarce state and federal funds, county officials noted that roads, schools and sewer systems frequently are inadequate to handle the hundreds of workers that arrive to develop new energy projects. And, many of these individuals are only in the county temporarily—meaning that the infrastructure improvements may not be needed down the road. These difficult governance challenges aside, most that commented saw the benefits of energy development as outweighing the negatives.

Overall, the meeting highlighted the reality that counties are where the “rubber hits the road”—literally in the case of energy development—and that local officials faced with a potential energy rush in their counties can learn from their counterparts across the West about what works and what doesn’t, to ensure their communities maximize the benefit of this economy-driving energy boom.

For those interested in this issue, NACo’s annual meeting July 13-17 in Pittsburgh will take a closer look, with a session dedicated to where the natural gas jobs are today.  If you plan to attend, drop me a line. I would love to hear from you about these and other issues you will be closely monitoring.

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Jake Hegeman is Vice President at Stateside Associates managing the Regulatory Services Division. He works with clients on a wide range of state and local regulatory advocacy efforts, with specific expertise in the issue-areas of energy, environment, agriculture and natural resources.