There is No App for This

By Constance Campanella, President and CEO

“If you put one foot in a bucket of boiling water and the other in a bucket of ice water – on average you would be quite comfortable.”  – Charlie Cook

Well, so much for averages.

Averages, percentages, odds–those are all worthy  tools in many settings–like Las Vegas!

However, in State Government Relations we avoid such artifices because we know that a world comprised of humans, issues, processes and politics cannot be managed “by the numbers.”

Nonetheless, people do try.

Have you ever been asked to provide percentages or odds on something happening or not happening with a bill?

I have.

Often, it is because someone needs to attach a neat little label to a bill–typically while deciding if they should hire a lobbyist. I understand that. Lobbying dollars are precious and you do not want to waste them. Parenthetically, one reason Stateside does not take any commissions when we refer lobbyists is that we never want our financial interest interfering with our advice to clients. All our lobbyist referrals are free to clients.

We know also that while people ASK for a numerical percentage or odds, they EXPECT that the assessment they receive will be the product of serious review by experienced professionals. They do not expect that you will–for example–divide a legislator’s enacted bills by the number of his sponsored bills last year and present that as a meaningful number to guide your treatment of the bill in question.

Cases in point.

A certain Democratic lawmaker in Colorado has been for much of his tenure a “backbencher.” He was ineffective and a bit unusual. No one’s choice to carry an important bill. But, thanks to the 2012 elections, this lawmaker now chairs a very important committee and is carrying–thus far successfully–one of the Governor’s key initiatives. If you look at his history, statistics would say he has a very low likelihood to pass his bills. But the reality is that he has been very successful so far this year.

Or, consider the New York State Senate which moved from Republican control to a coalition after the 2012 elections. What effectiveness rating would you put on Senate Democrats who are technically “in the majority” but not part of the ruling coalition?

We have just experienced the highest degree of legislative turnover in 50 years.

Over 50% of state legislators today have 2 or fewer years experience.

These facts and the intense partisanship that now defines most legislative bodies makes year over year predictions not only misleading but dangerous.

Those numbers mean also that we have to be well–informed about issues, states and politics and carry that knowledge to government and to our internal audiences. Experience, judgment, research, perspective, knowledge, political acuity, intelligent monitoring, smarts and sometimes courage are what successful SGR professionals are made of.

And, in a profession in which we labor constantly to demonstrate value, we have to make sure that we are thinking and communicating in 3D and HD. Dumbing Down (2D) of legislative assessments is insulting to SGR professionals and deserves to be rejected.

***

Constance Campanella is the Founder, President and CEO of Stateside Associates. A veteran of 30 years of state and federal issue management experience, Ms. Campanella managed Stateside’s growth from a one-person firm to what one trade publication has called, “a behemoth in state lobbying.”

If you would like to receive this and other Stateside Associates publications on a regular basis, join our email list HERE.

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/.

***

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.

***

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.