natural resources and infrastructure committee€¦ · 5 ncsl standing committee on natural...

NATURAL RESOURCES AND

INFRASTRUCTURE COMMITTEE

2015 LEGISLATIVE SUMMIT

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Table of Contents

RESOURCES

NRI Committee Roster .................................................................................................................................. 5

Legislative Summit NRI Committee Agenda ................................................................................................ 9

NRI Committee Online Resources ............................................................................................................... 13

Business Meeting Agenda ........................................................................................................................... 15

Policy Summaries ........................................................................................................................................ 17

POLICIES

Solving America’s Long Term Transportation Funding Crisis (Resolution) ................................................. 19

Climate Change Policy (Resolution) ............................................................................................................ 21

Amendments to Pollinator Health (Resolution) ......................................................................................... 25

Wildfire Funding (Resolution) ……………………………………………………………………………………………………………….29

Waters of the United States (Resolution)………………………………………………………………………………………………31

A Resolution Requesting U.S. EPA to Reaffirm the Current National Ambient Air Quality Standards for

Ozone (Resolution)………………………………………………....................................................................................33

Avian Flu Response (Resolution)……………………………………………………………………………………………………………37

Oil Train Safety (Resolution)…………………………………………………………………………………………………………………..41

Surface Transportation Federalism (Directive)……………………………………………………………………………………….43

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NCSL STANDING COMMITTEE ON NATURAL RESOURCES AND

INFRASTRUCTURE MEMBERS Updated July 20, 2015

NCSL’s Natural Resources and Infrastructure Committee is one of nine NCSL Standing Committees. These committees are vital to NCSL’s successful representation of state interests in Washington, D.C., and the facilitation of policy innovation among state and territorial legislatures. Please contact any of the committee staff for details about the committee, state-federal policies under its jurisdiction, or upcoming meetings and educational events.

COMMITTEE OFFICERS

Co-Chair: Delegate Sally Jameson, Maryland Co-Chair: Senator Cam Ward, Alabama Vice Chair: Elsie Arntzen, Montana Vice Chair: Representative Justin R. Cronin, South Dakota Vice Chair: Representative Rick Hansen, Minnesota Vice Chair: Senator Rita Hart, Iowa Vice Chair: Senator Clarence K. Nishihara, Hawaii Vice Chair: Representative Ed Orcutt, Washington Vice Chair: Representative Dan Saddler, Alaska Vice Chair: Senator Mike Vehle, South Dakota

Staff Co-Chair: David Beaujon, Colorado Staff Co-Chair: Linda Hay, Alaska Staff Vice Chair: Lowell Atchley, Kentucky Staff Vice Chair: Jessica Harmon, Indiana Staff Vice Chair: Jennifer Jones, Texas Staff Vice Chair: Jace Mikels, Iowa Staff Vice Chair: Rex Shattuck, Alaska Staff Vice Chair: Hope Stockwell, Montana

COMMITTEE STAFF

NCSL D.C. Office: Ben Husch and Melanie Condon NCSL Denver Office: Jocelyn Durkay

COMMITTEE MEMBERS

Alabama Sen. Gearld Allen Rep. Alan Baker Sen. Gerald Dial Rep. Joe Faust Sen. William Holtzclaw Rep. Richard J. Lindsey Sen. Steve Livingston Sen. Cam Ward * Sen. Tom Whatley Alaska Rep. Lynn Gattis Linda Hay (staff) * Rep. Scott Kawaski Rep. Charisse Millett Rep. Benjamin Nageak Rep. Mark Neuman Rep. Lance Pruitt Rep. Dan Saddler * Rex Shattuck (staff) * Rep. David Talerico Rep. Steve Thompson

Rep. Chris Tuck Arizona Sen. Steve Farley Sen. Gail Griffin Gina Kash (staff) Liisa Laiko (staff) Arkansas Sen. Ron Caldwell Rep. Dan Douglas Rep. Mike Holcomb Sen. Keith Ingram Rep. Greg Leding Sen. Terry Rice Sen. Bill Sample California Assm. Richard Bloom Brian Brown (staff) Assm. Mark Stone Assm. Das Williams

Colorado

Rep. Jennifer Arndt Sen. Randy Baumgardner David Beaujon (staff) * Rep. Jon Becker Rep. K.C. Becker Jennifer Berman (staff) Rep. J. Paul Brown Rep. Perry Buck Sen. John Cook Rep. Don Coram Rep. Jessie Danielson Sen. Kerry Donovan Rep. Timothy Dore Rep. Daneya Esgar Sen. Leroy Garcia Jason Gelender (staff) Rep. Joann Ginal Sen. Mary Hodge Sen. Matt Jones Rep. Tracy Kraft-Tharp Rep. Steve Lebsock Rep. Jovan Melton Rep. Diane Mitsch Bush

Rep. Dominick Moreno Thomas Morris (staff) Rep. Patrick Neville Rep. Dan Nordberg Meghan O’Connor (staff) Mark Quiner (staff) Sen. Ellen Roberts Rep. Catherine Roupe Rep. Lori Saine Sen. Ray Scott Rep. Lang Sias Sen. Jerry Sonnenberg Rep. Daniel Thurlow Sen. Nancy Todd Rep. Max Tyler Rep. Edward Vigil Rep. Faith Winter Connecticut Gregg Cogswell (staff) Rep. Linda M. Gentile Rep. Antonio Guerrera Lee Hansen (staff)

Alex Judd (staff) Janet Kaminski-Leduc

(staff) Sen. Ted Kennedy Jr. Emanuel Merisotis (staff) Kristen Miller (staff) Sen. Marilyn Moore Rep. Mary Mushinsky Rep. John Shaban Bradford Towson (staff) Chris Zavagnin (staff)

Delaware Sen. Colin Bonini Rep. William Carson Sen. Bruce Ennis Sen. Bethany Hall-Long Rep. Debra Heffernan Sen. Gerald Hocker Rep. John Kowalko Sen. David McBride Sen. Harris McDowell Rep. Edward Osienski Rep. W. Charles Paradee

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Sen. Karen Peterson

Florida Kara Collins-Gomez

(staff) Sen. Audrey Gibson Thomas Hamby (staff) William Howard (staff) Reynold Meyer (staff) Larry Novey (staff) Alex Regalado (staff) Lucretia Shaw Collins

(staff) Teresa B. Tinker (staff)

Georgia Rep. Mandi Ballinger Rep. Thomas Benton Rep. Jon Burns Rep. Kevin Cooke Abby Day (staff) Rep. Robert Dickey Rep. Terry England Rep. Bubber Epps Jr. Rep. Harry C. Geisinger Sen. Stephen Gooch Rep. Margaret Kaiser Rep. Trey Kelley Rep. David Knight Rep. Charles E. Martin Jr. Rep. Tom McCall Rep. John Meadows Rep. Greg Morris Rep. Chad Nimmer Rep. Randy Nix Sen. Nan Orrock Rep. Don L. Parsons Rep. Allen M. Peake Rep. Alan Powell Rep. Jay Powell Rep. Jay Roberts Rep. Dale Rutledge Rep. Barbara Sims Sen. Freddie Powell Sims Rep. Lynn Smith Rep. Mickey Stephens Matt Taylor (staff) Rep. Thomas Taylor Sen. Ross Tolleson Jr. Rep. Sam Watson Sen. John Wilkinson Rep. Chuck Williams Sen. Tommie Williams

Hawaii Rep. Henry Aquino Rep. Ty Cullen Rep. Lynn DeCoite Rep. Cynthia Evans

Sen. Mike Gabbard Rep. Sharon Har Rep. Kaniela Ing Rep. Chris Kalani Lee Rep. Matthew LoPresti Rep. Nicole Lowen Rep. Lauren K.

Matsumoto Sen. Clarence K.

Nishihara * Rep. Nafetalai Pouha Sen. Laura Thielen Rep. Clifton Tsuji Rep. Ryan I. Yamane

Idaho Rep. Terry Gestrin Rep. Clark Kauffman Sen. Jim Patrick

Illinois Rep. John E. Bradley Sen. David Koehler Becky Locker (staff) Rep. Frank J. Mautino Sen. Michael Noland Laura Sinclair (staff) Steve Thomas (staff) Amanda Wallen (staff)

Indiana Sen. Jim Arnold Rep. Terri Jo Austin Rep. B. Patrick Bauer Tyler Campbell (staff) Sen. Ed Charbonneau Matt Doerr (staff) Rep. Ryan Dvorak Rep. Sean Eberhart Sarah Freeman (staff) Rep. William Friend Sen. Susan Glick Rep. Christina Hale Jack Halloran (staff) Jessica Harmon (staff) * Rep. Eric Allan Koch Rep. Donald J. Lehe Sen. James Merritt Jr. Brian Rockensuess (staff) Rep. Edmond Soliday Rep. Michael Speedy Kristen Tjaden (staff) Rep. Heath VanNatter Rep. David Wolkins Iowa Sen. Joe Bolkcom Sen. Tod Bowman Sen. William Dotzler

Sen. Rita Hart * Sen. Robert Hogg Rep. Charles Isenhart Theresa Kehoe (staff) Jace Mikels (staff) * Sen. Joe M. Seng Julie Simon (staff) Sen. Mary Jo Wilhelm Kansas Rep. Dennis E. Hedke Rep. Kyle D. Hoffman Rep. Richard J. Proehl Rep. Sharon J. Schwartz Kentucky Lowell Atchley (staff) * Rep. Johnny W. Bell Sen. Jared K. Carpenter Rep. Hubert Collins Rep. Leslie A. Combs Rep. William Coursey Rep. Mitchel B. Denham

Jr. Rep. Bob DeWeese Sen. C.B. Embry Rep. David Floyd Rep. Jim Gooch Jr. Rep. Jeff Greer Sen. Ernie Harris Jr. Jay Hartz (staff) Harland Hatter (staff) Sen. Paul Hornback D. Todd Littlefield (staff) Rep. Mary Lou Marzian Rep. Thomas McKee Tanya Monsanto (staff) Rep. Sannie Overly Rep. John Short Rep. Arnold Simpson Rep. Kevin Sinnette Sen. Brandon Smith John Snyder (staff) Rep. Fitz Steele Rep. Wilson L. Stone Sen. Johnny Ray Turner Rep. Jim Wayne

Louisiana Sen. Robert Adley Su King (staff) Tyler McCloud (staff) Sen. Francis Thompson

Maine Rep. Robert Alley Rep. Kevin Battle Rep. Roberta Beavers

Rep. Russell Black Rep. Lydia Blume Rep. Andrew Buckland Rep. Richard Campbell Rep. Ralph Chapman Sen. Ronald Collins Rep. Patrick Corey Rep. Dale Crafts Sen. Scott Cyrway Rep. Matthew Dana Rep. Michael Devin Rep. Larry Dunphy Rep. Michelle Dunphy Rep. Anthony Edgecomb Rep. Eleanor Espling Rep. Bradley Farrin Rep. Kenneth Fredette Rep. Sara Gideon Rep. James Gillway Rep. Gay Grant Rep. Martin Grohman Rep. Jeffrey Hanley Rep. Denise Harlow Rep. Stephanie Hawke Rep. Craig Hickman Rep. Norman Higgins Rep. Gary Hilliard Rep. Brian Hobart Rep. George Hogan Sr. Rep. Mary Anne Kinney Rep. Walter Kumiega III Rep. Peter Lyford Rep. Jeff McCabe Rep. Joyce McCreight Rep. Andrew McLean Rep. William Noon Rep. Beth O’Connor Rep. Wayne Parry Rep. Jeffrey Pierceii Rep. Christine Powers Rep. Roger Reed Rep. Deane Rykersonf Rep. Robert Saucier Sen. Thomas Saviello Rep. David Sawicki Rep. Michael Shaw Rep. Stanley Short Rep. Arthur Verow Rep. Nathan Wadsworth Rep. Joan Welsh Rep. Dustin White Rep. Stephen Wood

Maryland Del. Dereck E. Davis Sen. James DeGrange Sen. George Edwards Del. Barbara A. Frush

Del. Sally Jameson * Del. Anne R. Kaiser Del. Tony McConkey Del. Maggie McIntosh Sen. Thomas McLain

Middleton Sen. Paul Pinsky Robert K. Smith (staff) T. Patrick Tracy (staff) Sen. Ronald Young

Massachusetts Thomas Bonarrigo (staff) Rep. Gailanne Cariddi Rep. Tackey Chan George Chapman IV

(staff) Rep. Mark Cusack Rep. Marcos Devers Rep. Stephen DiNatale Sen. Kenneth Donnelly Rep. Carolyn Dykema Christopher Eicher (staff) Rep. Ann-Margaret

Ferrante Rep. Michael J. Finn Heather Friedmann (staff) Rep. Susan Williams

Gifford Rep. Anne M. Gobi Rep. Thomas Golden Jr. Sen. Robert Hedlund Rep. Kate Hogan Liam Holland (staff) Rep. Russell Holmes Rep. Steven S. Howitt Rep. Randy Hunt Joshua Katz (staff) Rep. Robert Koczera Robert Libin (staff) Rep. Timothy Madden Rep. John J. Mahoney Rep. Paul W. Mark Rep. Christopher Markey Rep. James R. Miceli Rep. Aaron Michlewitz Sen. Marc R. Pacheco Rep. Denise Provost Rep. Angelo Puppolo Jr. Rep. John H. Rogers Rep. Paul A. Schmid III Laurel Schwab (staff) Rep. Frank I. Smizik Tyler Soleau (staff) Rep. William Straus Rep. Walter F. Timilty Rep. Chris Walsh Rep. Donald H. Wong

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Michigan Ryan Bergan (staff) Julie Cassidy (staff) Rep. Lee Chatfield Rep. Triston Cole Dan Dundas (staff) Rep. Ray Franz Rep. Gary Glenn Rep. Ken Goike Katie Hoeksema (staff) Rep. Larry Inman Rep. Nancy Jenkins Josiah Kissling (staff) Rep. John Kivela Rep. Andrea LaFontaine Rep. Marilyn Lane Suzanne Lowe (staff) Rep. David Maturen Rep. Sheldon Neeley Rep. Peter Pettalia Rep. Bruce Rendon Glenn Steffens (staff) Minnesota Rep. Connie Bernardy Sen. Gary Dahms Sen. D. Scott Dibble Brad Hagemeier (staff) Rep. Rick Hansen * Sen. John Hoffman Rep. Frank Hornstein Sen. Bill Ingebrigtsen Rep. Debra Kiel Sen. Mary Kiffmeyer Sen. Lyle Koenen Andrew Lee (staff) Sen. Ann Rest Ron Soderberg (staff) Sen. Dan Sparks Sen. David Tomassoni Mississippi Rep. Larry Byrd Mandy Davis (staff) Sen. Deborah Dawkins Robert Dowdle Jr. (staff) Rep. Tyrone Ellis Rep. Casey Eure Sen. Thomas Gollott Sen. Billy Hudson Sen. Robert Jackson Dwan Johnson (staff) Rep. Robert Johnson III Rep. John Thomas Lamar Rep. Steve Massengill Oona McKenzie (staff) Rep. Alex Monsour Rep. Ken Morgan

Rep. Bill Pigott Sen. Willie Lee Simmons Rep. Preston Sullivan Sen. Brice Wiggins

Missouri Rep. Sonya Anderson Rep. Jay Houghton Sen. Mike Kehoe Sen. Brian Munzlinger Rep. Randy Pietzman Sen. Gary Romine Montana Sen. Elsie Arntzen * Rep. Bob Brown Rep. Geraldine Custer Sen. Jennifer Fielder Sen. Bradley Hamlett Sen. Brian Hoven Sen. Douglas Kary Sen. Jim Keane Rep. George Kipp III Joe Kolman (staff) Leanne Kurtz (staff) Sen. Sue Malek Jason Mohr (staff) Megan Moore (staff) Sonja Nowakowski (staff) Sue O'Connell (staff) Sen. J.P. Pomnichowski Rep. Christopher Pope Rep. Bridget Smith Hope Stockwell (staff) * Helen Thigpen (staff) Sen. Gordon Vance Sen. Chas Vincent Re. Kerry White Rep. Kathleen Williams Sen. Cynthia Wolken Nebraska Sen. Dave Bloomfield Sen. Lydia N. Brasch Sen. Curt Friesen Kate Gaul (staff) Sen. Ken Haar Sen. Jerry Johnson Sen. Tyson Larson Sen. Ken Schilz Sen. Dan Watermeier Nevada Assm. Richard Carrillo Sen. Peter Goicoechea Sen. Donald Gustavson Assm. Ira Hansen Sen. Mark Manendo

Assm. Heidi Swank Assm. Robin Titus New Hampshire Rep. Robert Introne Michael Kane (staff) Michael J. Landrigan

(staff) Rep. John O’Connor Rep. Sherman Packard Kevin Ripple (staff) Christopher M. Shea

(staff) Rep. George Sykes New Jersey Sen. Robert Gordon Judith L. Horowitz (staff) New Mexico Claudia Armijo (staff) Jon Boller (staff) Sen. William F. Burt Sen. Joseph Cervantes Sen. Carlos R. Cisneros Sen. Lee S. Cotter Mark Edwards (staff) Rep. Brian Egolf Rep. Candy Ezzell Rep. Bealquin Gomez Rep. Roberto Gonzales Sen. Ron Griggs Sen. Stuart Ingle Rep. Dona Irwin Sen. Gay G. Kernan Sen. Carroll H. Leavell Rep. Ricky Little Rep. Javier Martinez Sen. Richard C. Martinez Rep. Matthew McQueen Sen. George K. Munoz Rep. Andrew Nunez Sen. Mary Kay Papen Sen. John Pinto Sen. Cliff Pirtle Sen. Nancy E. Rodriguez Sen. John C. Ryan Sen. Michael S. Sanchez Rep. Larry Scott Sen. William E. Sharer Sen. Benny J. Shendo Sen. John Arthur Smith Randall Soderquist (staff) Rep. James Strickler Rep. James Townsend Sen. Peter F. Wirth Sen. Pat Woods Rep. Bob Wooley

New York Assm. Kevin A. Cahill

North Carolina Jeff Cherry (staff) Timothy Dale (staff) Heather Fennell (staff) Wendy Graf Ray (staff) Jeff Grimes (staff) Sen. Rick Gunn Jeff Hudson (staff) Sen. Brent Jackson Peter Ledford (staff) Jennifer McGinnis (staff) Rep. Chuck McGrady Jennifer Mundt (staff) Sara Nienow (staff) Giles Perry (staff) Barbara Riley (staff) Chris Saunders (staff) North Dakota Sen. Bill L. Bowman Sen. Randall Burckhard Rep. Alan H. Carlson Rep. Chuck Damschen Rep. Glen Froseth Rep. Craig Headland Sen. David Hogue Rep. Jerry G. Kelsh Sen. Gary Lee Rep. Dan J. Ruby Rep. Vicky Steiner Sen. Connie Triplett Sen. Jessica Unruh Ohio Sen. Troy Balderson Sen. Capri S. Cafaro Sen. Lou Gentile Sen. Frank LaRose Sen. Thomas Patton Sen. Michael Skindell Sen. Joseph Uecker Oklahoma Rep. Lisa Billy Kim Bishop (staff) Rep. Mike Brown Rep. David Brumbaugh Rep. Josh Cockroft Sen. Eddie Fields Rep. Scott Inman Rep. Charles Joyner Sen. Ron Justice Rep. Steve Kouplen Rep. James Lockhart

Sen. Bryce Marlatt Rep. Mark McBride Mary J. Mitts (staff) Rep. Lewis Moore Rep. R.C. Pruett Rep. Brian Renegar Rep. Sean Roberts Rep. Seneca Scott Sen. Gary Stanislawski Mark Tygret (staff) Rep. Weldon Watson Rep. Paul Wesselhoft Brad Wolgamott (staff)

Oregon Sen. William Hansell Rep. Bradley Witt

Pennsylvania Rep. Bryan Barbin Eric Bugaile (staff) Barry L. Denk (staff) Rep. Nick Kotik Vincent J. Rossi (staff) Puerto Rico Sen. Pedro Rodriguez

Gonzalez Carlos J. Ruiz Irizarry

(staff) Sen. Ramon Ruiz Nieves Sen. Jorge Suarez Caceres Sen. Cirilo Tirado Rivera Rhode Island Sen. Stephen Archambault Rep. John Edwards IV Sen. Gayle L. Goldin Rep. Arthur Handy Rep. Brian Kennedy Sen. Frank Lombardo III Sen. Joshua Miller Sen. V. Susan Sosnowski

South Carolina Paula G. Benson (staff) Sen. Ray Cleary III Rep. Heather Crawford Rep. Chandra Dillard Sen. Lawrence K. Grooms Rep. David Hiott Sen. Joel B. Lourie Rep. Russell Ott Rep. Michael Pitts Sen. Luke Rankin Sr. Jane Shuler (staff) Rep. F. Michael Sottile Sen. Daniel B. Verdin III

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South Dakota Rep. Justin R. Cronin * Rep. Mary Duvall Sen. Bob Ewing Rep. Dennis Feickert Sen. Jason Frerichs Sen. Jenna Haggar Rep. Alex Jensen Sen. Kevin Killer Sen. Jim Peterson Sen. Larry Tidemann Sen. Mike Vehle * Rep. Dick Werner Tennessee Sen. Mike Bell Rep. Curtis Halford Sen. Thelma Harper Stephanie Jarnagin (staff) Rep. John D. Ragan Sen. Steve Southerland Sen. Jim Tracy Callan Wilkerson (staff) Sen. Ken Yager

Texas Rep. Roberto Alonzo Rep. Charles Anderson Jessie Coulter (staff) Sen. Brandon Creighton Rep. Yvonne Davis Nicholas De La Garza

(staff) Cindy Ellison (staff) Rep. Allen Fletcher Jennifer Jones (staff) * Rep. Jim Keffer Sarah Kirkle (staff) Rep. Armando Martinez Barrett McPhaul (staff) Sen. Jose Menendez Rep. Borris Miles Rep. Larry Phillips Rep. Joseph C. Pickett Rep. Ron Reynolds Will Russ (staff) Rep. Wayne Smith Jennifer Stewart (staff) Katharine Teleki (staff) Patrick Tyler (staff) Lisa Weatherford (staff)

Utah Rep. Johnny Anderson Rep. Melvin Brown Sen. Jim Dabakis Sen. Margaret Dayton Ivan Djambov (staff)

Rep. Stephen Handy Sen. David P. Hinkins Sen. Peter Knudson Rep. Mike McKell Angela J. Oh (staff) Sen. Ralph Okerlund Rep. Marc Roberts Sen. Brian Shiozawa Rep. Keven Stratton Sen. Kevin T. Van Tassell

Vermont Aaron Adler (staff) Rep. Timothy R.

Corcoran II Rep. David Deen Daniel Dickerson (staff) Helena Gardner (staff) Rep. Anthony Klein Rep. Richard Lawrence Rep. Curtis McCormack Michael O’Grady (staff) Rep. Carolyn Partridge Rep. Dave Potter Neil Schickner (staff) Virginia Del. Richard Anderson Sen. Richard Black Sen. Bill Carrico Clyde E. Cristman (staff) Sen. John Edwards Harold E. Greer (staff) Sen. Emmett Hanger Jr. Robie Ingram (staff) Del. Terry Kilgore Sen. Lynwood Lewis Jr. Sen. Dave W. Marsden Sen. Stephen D. Newman Sen. Thomas K. Norment

Jr. Anne Oman (staff) Del. Robert D. Orrock Sr. Sen. J. Chapman Petersen Jason Powell (staff) Sen. Frank M. Ruff Jr. Del. Edward T. Scott Sen. Ralph K. Smith Sen. William Stanley Sen. Richard Stuart Rep. David J. Toscano Sen. Frank W. Wagner Alan B. Wambold (staff) Del. R. Lee Ware Jr. Sen. John C. Watkins

Washington Jason Callahan (staff)

Rep. Jake Fey Rep. Joe Fitzgibbon Sen. John McCoy Rep. Jeff Morris Rep. Ed Orcutt * Beth Redfield (staff) Meg VanSchoorl (staff) Gary Wilburn (staff)

West Virginia Del. William Anderson Jr. Del. Mick Bates Seth Gaskins (staff) Del. Marty Gearheart Sen. Daniel Hall Del. Lynwood Ireland Sen. Robert Karnes Ryan Simms (staff) Noelle Starek (staff) Sen. Robert Williams Wisconsin Anna Henning (staff) Larry Konopacki (staff) Sen. Christopher J. Larson Rachel Letzing (staff) Sen. Mark Miller Michael Queensland

(staff) Rep. Romaine Quinn Wyoming Josh Anderson (staff) Sen. Floyd Esquibel Rep. Michael Greear Sen. Larry Hicks Sen. Curt Meier Anna Mumford (staff) Matthew Obrecht (staff) Ian Shaw (staff) Sen. Michael Von Flatern Rep. Thomas Walters Rep. Daniel K. Zwonitze

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All meetings will take place at the Washington State Convention Center unless otherwise noted.

Monday, August 3

1:30 – 5 p.m.

Offsite (NRI

Members Only)

Seattle Port Tour and Briefing

Open exclusively to NRI Committee members, we will stretch our legs

outside of the convention center as we disembark from the port of Seattle for

an interactive experience and exploration of intermodal trade, crude-oil

shipment issues, agriculture grain shipments and more!

Sponsored by BNSF Railway

Tuesday, August 4

7:15 – 8:30 a.m.

WC 609

Fly-Over: An Examination and Discussion of Unmanned Aircraft

Systems

Breakfast will be provided

In partnership with NCSL's Foundation for State Legislatures Unmanned

Aircraft Systems (UAS) Steering Committee, join a wide-ranging discussion

of the many uses for UAS and how to create a regulatory framework that

addresses privacy, safety and other concerns. Enjoy a hot breakfast.

Speakers:

Ryan Gammelgard, State Farm

Alex Pietsch, Washington State Department of Commerce

8:30 – 9:30 a.m.

Ballroom 6ABC

General Session: Cliff Burrows, President of Starbucks

10 a.m. – 12:30 p.m.

WC 618 - 620

NRI Committee Business Meeting

NATURAL RESOURCES AND INFRASTRUCTURE COMMITTEE

AGENDA

Co-Chairs:

Delegate Sally Jameson, Maryland

Senator Cam Ward, Alabama

Legislative Staff Co-Chairs:

David Beaujon, Colorado

Linda Hay, Alaska

Vice Chairs:

Senator Elsie Arntzen, Montana

Representative Justin Cronin, South Dakota

Representative Rick Hansen, Minnesota

Senator Rita Hart, Iowa

Senator Clarence Nishihara, Hawaii

Representative Ed Orcutt, Washington

Representative Dan Saddler, Alaska

Senator Mike Vehle, South Dakota

Legislative Staff Vice Chairs:

Lowell Atchley, Kentucky

Jessica Harmon, Indiana

Jennifer Jones, Texas

Jace Mikels, Iowa

Rex Shattuck, Alaska

Hope Stockwell, Montana

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12:30 – 1:45 p.m.

WC 609

The Future of Recycling

Enjoy lunch while we discuss the future of recycling, from electronic waste

to recycled paper and the benefits and hazards of different policies.

Speakers:

Jan Cleiland, Manager, KapStone Paper & Packaging

Allison Schumacher, Sr. Manager, Environmental Policy & Sustainability,

Consumer Electronics Association

Willie Cade, CEO, PC Rebuilders & Recyclers

Sponsored by the Consumer Electronics Association and the American

Forest and Paper Association

2 – 4:30 p.m.

WC 618 - 620

EPA 111(d) Regulation: Public Hearing

Formatted as a legislative committee hearing, participants will hear from a

series of panelists on EPA's greenhouse gas emission proposed standards.

NRI Committee members will be at the helm, directing the panelists’

statements and asking in-depth questions.

Panel 1:

Dennis McLerran, Region 10 Administrator, EPA & Kate Kelly, Director of

Region 10 Office of Air, Waste and Toxics, EPA

Panel 2:

Honorable Tony Clark, Commissioner, Federal Energy Regulatory

Commission

Kathleen Robertson, Sr. Environmental & Fuels Policy Manager, Exelon

Craig Glazer, Vice President, Federal Government Policy, PJM

Interconnection

Panel 3:

Roger Martella, Partner, Sidley Austin LLP

David Hoppock, Senior Policy Associate, Duke University Nicholas Institute

for Environmental Policy Solutions

Doug Scott, Vice President Strategic Initiatives, Great Plains Institute

4:30 – 5 p.m.

WC 618 - 620

Meet the Energy Industry Experts

Pick the brains of leading energy industry experts on the future of their field

and how they work with legislatures during this informal networking

reception.

Reception sponsored by AGA, NEI, AHRI and EEI

Wednesday, August 5

7:15– 8:30 a.m.

WC 606 - 607

Food & Farm Breakfast: The Agricultural Age Conundrum

The agriculture industry is facing an "over-the-hill" battle--farmers are

retiring with no strong next generation behind them. Hear from experts

on what we can do to engage the next crop of farmers.

Speaker

Lilia McFarland, Coordinator, New and Beginning Farmer and Rancher

Program, USDA

Breakfast sponsored by ADM

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8:00 – 9:00 a.m.

Ballroom 6ABC

General Session: A Window to Tomorrow

Sheryl Connelly, Andy Jassy and Christopher Thornberg

9:45 – 11:15 a.m.

WC 615 - 617

Volatile Oil Prices: Optimism and Anxiety in the States

Cheaper gasoline may be a boon for consumers, but tumbling oil prices have

dramatic impacts on oil and gas producers, the U.S. shale boom, the global

economy and state budgets. Find out how your state could be affected.

Moderator:

Representative Al H. Carlson, North Dakota

Speakers:

Kurt Barrow, IHS Energy

Aakash Doshi, Citigroup Global Market

11:45 a.m. – 12:30

p.m

Ballroom 6ABC

General Session: Secretary Robert Gates

12:30 – 2:00 p.m.

Exhibit Hall 4EF

Exhibit Hall Luncheon

2:00 – 4:30 p.m.

WC 611 - 614

Filling Up the Tank: Funding Transportation (Deep Dive Session)

Attend this session and you’ll create a roadmap to a sound

transportation plan that creates sustainable revenue, prepares for the

future and meets immediate transportation needs.

What you'll learn:

Methods to meet short-term needs for funding your state's

transportation system.

The newest, bold ideas from states to create long-term,

sustainable transportation revenues.

How measuring performance, prioritizing projects and strategic

spending can stretch existing transportation money.

Thursday, August 6

6:30 – 8 a.m.

Offsite

Bipartisan Bike Ride

8:30 – 10 a.m. Republican and Democrat Breakfasts

10:15 a.m. – 12:15

WC 6E

NCSL Business Meeting

12:15 – 1:45 pm

Ballroom 6ABC

Closing General Session Lunch: Leadership Lessons with John

Meacham

13

NRI COMMITTEE ONLINE RESOURCES

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 (www.ncsl.org/default.aspx?tabid=278): Overview page for the NRI Committee including links to specific resource pages (listed below) and timely news alerts

COMMITTEE POLICIES (www.ncsl.org/default.aspx?tabid=27191): All state-federal policies that have been approved by the committee, used for NCSL’s advocacy in Washington, D.C.

NRI COMMITTEE AND CONGRESS (www.ncsl.org/default.aspx?tabid=26427): Regularly updated collection of letters and testimonies sent to the U.S. Congress, related to NRI Committee policy

NEWSLETTERS (www.ncsl.org/default.aspx?tabid=25678): 3 monthly Federal Updates covering energy & ag; environment and transportation issues and two monthly state-federal policy newsletters on transportation (Transport Report) and energy (Plugged In).

INFO ALERTS & ARCHIVES (www.ncsl.org/default.aspx?tabid=25672): A one-stop-shop for all NRI Committee-related info alerts (concise informational briefs on breaking news of interest to our committee)

MEETING RESOURCES (www.ncsl.org/default.aspx?tabid=25637): 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 (www.ncsl.org/default.aspx?tabid=13011)

o TRANSPORTATION (www.ncsl.org/default.aspx?tabid=25720)

o AGRICULTURE (www.ncsl.org/default.aspx?tabid=18718)

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

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

http://www.ncsl.org/issues-research/env-res/nri-committee-letters-to-us-congress.aspx

http://www.ncsl.org/default.aspx?tabid=25678




http://www.ncsl.org/issues-research/transport/ncsl-transportation-funding-finance-legis-database.aspx


15

NCSL NATURAL RESOURCES AND INFRASTRUCTURE COMMITTEE

BUSINESS MEETING AGENDA

Tuesday, August 4, 2015

10:00 a.m. – 12:30 p.m.

Overview & Review of Procedures

Consideration of (listed in order of consideration):

Existing Policy Resolutions:

Solving America’s Long-Term Transportation Funding Crisis (pg. 19)

Climate Change (pg. 21)

Amendments to Existing Policy Resolution:

Pollinator Health (pg. 25)

New Policy Resolutions:

Wildfire Funding (pg. 29)

Waters of the United States (pg. 31)

A Resolution Requesting U.S. EPA to Reaffirm the Current National Ambient Air

Quality Standards for Ozone (pg.33)

Avian Flu Response (pg. 37)

Oil Train Safety (pg. 41)

Existing Policy Directive for Review:

Surface Transportation Federalism (pg. 43)

17

Natural Resources and Infrastructure Committee Policy Summaries

Existing Policy Resolutions for Reconsideration

Solving America’s Long Term Transportation Funding Crisis: This is a current policy

scheduled to sunset at the 2015 Legislative Summit that urges Congress to allocate funds to

states that would support state-level pilot programs to explore transportation funding alternatives

to fuel taxes.

Climate Change Policy Resolution: This is a current policy scheduled to sunset at the 2015

Legislative Summit that focuses on the state-federal relationship for the funding, development,

and regulation of air emissions and their potential impact on the climate.

Amendments to Existing Policy Resolutions

Resolution on Pollinator Health: Amendments to this existing policy resolution (set to expire at

the 2015 Legislative Summit) including recognizing neonicotinoids a specific danger to

pollinators. Amendments sponsored by Representative Rick Hansen of Minnesota.

Proposed Policy Resolutions

Wildfire Funding: This new resolution urges the federal government to address budget issues

for wildfire suppression and supports funding wildfires as natural disasters. Sponsored by

Speaker Toni Atkins of California

Waters of the United States: This new resolution expresses concern with the EPA’s Clean

Water Rule that defines which waters are protected under the Clean Water Act, and urges EPA to

reconsider the rule. Sponsored by Representative John Wilkinson of Georgia.

A Resolution Requesting U.S. EPA to Reaffirm the Current National Ambient Air Quality

Standards for Ozone: This new resolution calls upon the U.S. EPA to reaffirm the 75 ppb

primary ozone standard in the current ozone standard rulemaking or issue a limit of no less than

70 ppb. Sponsored by Representative Alan Baker of Alabama.

Avian Flu Response: This new resolution expresses concern with the recent outbreak in various

states of the avian flu, and urges the federal government to work with states to help stop the

outbreaks and prevent contamination. Sponsored by Representative Rick Hansen of Minnesota.

Oil Train Safety: This new resolution supports efforts to strengthen oil and ethanol train safety

rules. Sponsored by Representative Frank Hornstein of Minnesota.

Existing Policy Directives for Review

Surface Transportation Federalism: This existing policy directive lays out NCSL’s stance on a

variety of issues related to a shared, long-term vision for financing and funding surface

transportation systems in the U.S.

19

COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE 1

POLICY: SOLVING AMERICA’S LONG-TERM 2

TRANSPORTATION CRISIS 3

TYPE: RESOLUTION 4

Revenues for our transportation system continue to decline with vehicles becoming ever 5

more fuel efficient and changing travel patterns nationwide. The Highway Trust Fund is 6

estimated to become insolvent in 2015 while state gas taxes continue to show 7

diminishing returns. The American Society of Civil Engineers has estimated America’s 8

surface transportation infrastructure faces a funding gap of about $94 billion a year 9

based on current spending levels. 10

11

To respond to this well-documented funding crisis currently impacting America’s surface 12

transportation system, the National Conference of State Legislatures urges Congress to 13

support the creation of a $20 million program, with no more than $2 million available for 14

allocation to any one state, to support state-level pilot programs to explore 15

transportation funding alternatives to fuel taxes. 16

21


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

a 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

22

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

NCSL urges the federal government, should it choose to act on this issue, to take into 31

account the following principles regarding program design components: 32

Any national system must include short, medium and long-term goals and 33

incorporate a rigorous oversight program that provide for ongoing study and 34

analysis of the system to ensure it is achieving intended goals. 35

A new national program should serve to address uncertainties that are 36

hampering investment in generation, transmission and distribution and enhance 37

the likelihood that appropriate technologies will be developed and other solutions 38

implemented so as to achieve the desired reductions in GHG emissions in the 39

most economical manner possible. 40

Federal legislation should be designed appropriately to balance competing 41

criteria, including, but not limited to, equity, economic efficiency and ease of 42

administration. 43

Revenue derived from a greenhouse gas reduction program should be directed 44

to complimentary policies focused on mitigating climate change consumer costs 45

including but not limited to energy research & development, weatherization, 46

conservation and energy efficiency activities. 47

A national program to reduce GHG emissions must also address adaptation 48

issues. 49

Auctioning of allowances may be the most economically efficient mechanism for 50

achieving a GHG emissions reductions goal. However, the allocation of 51

emissions allowances at no cost can serve as an appropriate transition measure 52

necessary to ensure continued reliability, minimize economic dislocation resulting 53

from the carbon intensity of the existing infrastructure, and allow for development 54

and deployment of needed new technologies and measures to reduce emissions. 55

Priority distribution of allowances at no cost should be to those entities in affected 56

sectors where existing regulatory structure provides the necessary oversight to 57

23

ensure that the value of such allowances is accounted for in establishing price 58

rates for consumers. 59

The allocation of greenhouse gas reduction program to states under a federal 60

greenhouse gas reduction program should include language making decisions 61

related to such allowances subject to state legislative approval. 62

The establishment of any new federal program should include provisions for 63

transparent reporting and accountability and incorporate the use of third party 64

verification to ensure reported outcomes are verifiable. 65

Unintended Consequences 66

NCSL believes that federal legislation regarding the reduction of greenhouse gases 67

should take into account the implications of actions and/or inactions on economic 68

development, energy security, and those most vulnerable citizens. Evaluation should 69

include the life cycle impacts of policy options including ancillary impacts. 70

NCSL believes that federal legislation should require continuing assessments of the 71

potential impacts to the United States of climate change, by state or region including 72

effects on water resources, agriculture, infrastructure, natural systems, environmental 73

quality, public health, biodiversity and the cultures of our native peoples. Such an 74

assessment will support the development of domestic and international adaptation-75

mitigation strategies. The Environmental Protection Agency (EPA) should provide 76

funding and assist states in developing assessments and adaptation plans at the state 77

and regional level. 78

NCSL also urges the federal government to fully consider how legislation will affect low-79

income households that already struggle to balance needs and expenses. NCSL 80

encourages the federal government to expand and enhance long-term funding for the 81

Department of Energy's Weatherization Assistance Program and to ensure that any new 82

federal program does not undermine existing federal, state and private sector energy 83

assistance and outreach programs that assist our most vulnerable citizens. 84

Research and Development 85

24

NCSL strongly urges the federal government to authorize and appropriate funding and 86

provide other incentives to spur expanded research and development (R&D), as well as 87

advance the demonstration and deployment of new and existing technologies to 88

improve energy efficiency, advance mitigation strategies and reduce greenhouse gas 89

emissions. 90

NCSL urges the federal government: 91

To ensure that legislation not limit the diversity of technologies supported, as 92

future advancements cannot be predicted. 93

To take into account state and regional differences, and not limit or specify the 94

technologies used in each state and ensure sufficient flexibility for each State to 95

determine how to best achieve nationally-set goals. 96

To promote current and future innovations and expand the use of such 97

technology through R&D transfer agreements with other countries. 98

25


POLICY: POLLINATOR HEALTH 2

TYPE: RESOLUTION (WITH AMENDMENTS) 3

SPONSOR: REPRESENTATIVE RICK HANSEN, MINNESOTA 4

A resolution of the National Conference of State Legislatures Natural Resources and 5

Infrastructure Committee, recognizing the importance of pollinators, stressing the 6

negative ramifications of continued pollinator loss, and expressing support for federal 7

efforts to protect pollinators. 8

9

WHEREAS, farmers depend on pollinator species such as bees, ants, butterflies, birds 10

and bats to successfully produce approximately one third of all United States 11

agricultural output; and 12

13

WHEREAS, in addition to food, pollinators also are vital to the production of fibers, 14

edible oils, medicines, and other products; and 15

16

WHEREAS, urban and rural beekeepers play an important role in state and federal 17

agricultural production; and 18

19

WHEREAS, agriculture is a key driver of rural and state economies and the tremendous 20

productivity of United States farmers benefits the national economy and the country's 21

international trade balance; and 22

23

WHEREAS, pollinator loss poses a significant threat to United States agriculture and 24

the ability of our farmers to feed a growing world population; and 25

26

WHEREAS, pollinators are essential organisms in the ecosystems that provide 27

biodiversity, recreation and enjoyment for people and habitat for wild plants and 28

animals; and 29

26

30

WHEREAS, neonicotinoids, one of the most widely used classes of insecticides, are 31

systemic, persistent neurotoxins that translocate throughout all parts of plants, including 32

leaves, guttation fluids pollen and nectar; and 33

WHEREAS, a large and growing body of independent, peer-reviewed scientific studies 34

demonstrate that neonicotinoids adversely impact beneficial soil invertebrates, avian 35

and aquatic organisms, contaminate water resources and soils, and contaminate the 36

pollen and nectar that is gathered by pollinators; and 37

38

WHEREAS, studies have shown that neonicotinoids are endangering pollinators 39

through acute poisonings as well as through chronic sublethal exposures, which can 40

weaken immune defenses, causing increased susceptibility to natural stressors such as 41

parasites, pathogens (bacterial, viral and fungal diseases), and poor nutrition due to 42

habitat loss and industrial agricultural systems, and studies have shown other adverse 43

effects associated with neonicotinoids, including delays in larval development, 44

decreases in queen survival and negative effects on feeding, navigational and 45

reproductive behaviors; and 46

47

WHEREAS, the United States Environmental Protection Agency has strengthened 48

pesticide labeling requirements to protect pollinators. 49

50

WHEREAS, the National Conference of State Legislatures (NCSL) recognizes the 51

serious threats posed by pollinator loss and the key roles that the federal government 52

plays as landowner and manager, regulator of pesticide products, and financial and 53

technical assistance provider to farmers and other private landowners; NOW, 54

THEREFORE, 55

56

BE IT RESOLVED by the NCSL Natural Resources and Infrastructure Committee that it 57

fully supports recent federal efforts to: develop best management practices and 58

enhance pollinator habitat on federally owned or managed lands; incorporate pollinator 59

health as a component of all future federal restoration and reclamation projects; revise 60

27

guidance documents for designed landscapes and public buildings in order to 61

incorporate pollinator-friendly practices; increase both the acreage and forage value of 62

pollinator habitat in the Conservation Reserve Program and other federal conservation 63

programs; provide technical assistance in collaboration with land-grant university-based 64

cooperative extension services to federal departments and agencies, state, local, and 65

tribal governments, and other entities and individuals including farmers and ranchers; 66

assist states and state wildlife organizations, as appropriate, in identifying and 67

implementing projects to conserve pollinators through the revision and implementation 68

of State Wildlife Action Plans; assess the effects of systemic pesticides and parasites 69

on bee and other pollinator health and take corresponding action, as appropriate, to 70

protect pollinators from pesticides such as neonicitinoids and parasites; promote 71

labeling of neonicitnoid pesticides to protect pollinators; and take immediate measures 72

to support pollinators with proper habitat and nutrition during the current growing season 73

and thereafter, including planting pollinator-friendly vegetation, increasing flower 74

diversity in plantings, limiting mowing practices, and reduce or avoid, when necessary, 75

the use of pesticides in sensitive pollinator habitats through the use of integrated 76

vegetation, pest and colony management practices. 77

78

BE IT FURTHER RESOLVED that states work closely with affected individuals and 79

serve as laboratories of innovation in problem solving and policy making. Federal 80

agencies should work closely with the states to align pollinator protection efforts and 81

share best practices. 82

83

BE IT FURTHER RESOLVED that NCSL and the states are willing partners in the 84

federal government's pollinator protection efforts and will closely monitor federal actions 85

and progress on these and related efforts of utmost importance to the states and our 86

nation's food supply, urban and rural agriculture economies, environment, and natural 87

resources.88

28

89

29


POLICY: WILDFIRE FUNDING 2

TYPE: RESOLUTION 3

SPONSOR: SPEAKER TONI ATKINS, CALIFORNIA 4

A resolution of the National Conference of State Legislators urging the federal 5

government to address insufficient budget mechanisms for wildfire suppression and 6

expressing support for federal efforts to fund catastrophic fires as natural disasters. 7

8

WHEREAS, Wildfire suppression costs have increased dramatically in the last decade; 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; 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; 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; 20

21

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

pests and diseases to infest vulnerable forests; 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

30

WHEREAS, federal funding for wildfire suppression is currently allocated using the 10-27

year average cost for wildfire suppression activities; and 28

29

WHEREAS, the National Conference of State Legislators (NCSL) recognizes that 30

wildfires must be managed on a regional basis and that increased risk for wildfires on 31

federal lands ultimately will lead to increased costs for state wildfire programs. 32

33

BE IT RESOLVED…. That NCSL urges Congress to address the budget structure of 34

wildland fire accounts. NCSL believes that any federal policy on wildfires should 35

minimize the risk of fire transfers from prevention and mitigation programs and support 36

federal actions that would fund catastrophic wildfires similar to natural disasters. 37

31


POLICY: WATERS OF THE UNITED STATES 2

TYPE: RESOLUTION 3

SPONSOR: SENATOR JOHN WILKINSON, GEORGIA 4

5

The National Conference of State Legislatures expresses serious concerns with joint 6

final rulemaking from U.S. Environmental Protection Agency (EPA) and Army Corps of 7

Engineers (Corps) defining “waters of the U.S.” subject to federal regulation under the 8

Clean Water Act (CWA). 9

10

The EPA and the Corps final rulemaking on Waters of the United States has failed to 11

create a workable, balanced regulation, and instead have extended federal jurisdiction 12

to previously unregulated areas. Additionally, the rule fails to provide clarity for states, 13

local governments and many facilities on the regulation of ditches, waste treatment 14

facilities, and storm water systems. 15

16

The rule would now regulate isolated features, which had not been regulated following 17

the Supreme Court Case “Solid Waste Agency of Northern Cook County (SWANCC) v 18

U.S. Army of Engineers,” while overall jurisdiction is premised on the tributary definition, 19

which is more expansive than proposed. 20

21

Furthermore, the rule still includes problematic terms that allow for expansive 22

jurisdiction, while allowing jurisdiction based on historical conditions that no longer exist. 23

In light of the broadened definitions of waters of the U.S., the rule’s exclusions, said to 24

codify existing practice, remain too narrow and provide little relief, especially for waste 25

treatment systems and storm water controls. 26

27

32

NCSL calls on Congress to pass S. 1140 that would compel EPA and the Corps to 28

withdraw the proposed rule and re-propose following appropriate federal-state 29

consultation and other due process guarantees. 30

33


POLICY: A RESOLUTION REQUESTING U.S. EPA TO REAFFIRM THE 2

CURRENT NATIONAL AMBIENT AIR QUALITY STANDARDS FOR 3

OZONE 4

TYPE: RESOLUTION 5

SPONSOR: REPRESENTATIVE ALAN BAKER, ALABAMA 6

WHEREAS, the U.S. Environmental Protection Agency (EPA) proposed to revise the 7

2008 primary National Ambient Air Quality Standard for ozone from its current level of 8

75 parts per billion (ppb) to within a range of 65 ppb to 70 ppb, while taking comment on 9

an alternative standard of 60 ppb; 10

11

WHEREAS, ground level ozone, or urban smog, is caused by the photochemical 12

reaction of emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) 13

in the presence of sunlight; 14

15

WHEREAS, a wide variety of natural and manmade sources contribute to ozone, with 16

natural sources such as forests and crops contributing approximately one-third of smog-17

related emissions; manmade emission sources include motor vehicles, fossil-fueled 18

power plants, refineries, chemical, and other manufacturing and industrial facilities, oil 19

and natural gas production, and small area sources such as restaurants, gas stations, 20

lawnmowers, chain saws, motor boats, dry cleaners, and auto repair shops, as well as 21

consumer and industrial products such as paints and solvents; 22

23

WHEREAS, the EPA data indicate that in 2011 the principal sources of manmade NOx 24

and VOC emissions contributing to ozone were mobile sources (52%), industrial 25

facilities and area sources (40%), and coal-based electric generating units (7%); 26

27

34

WHEREAS, the EPA reports that national average ozone concentrations declined by 28

21% from 2000 to 2013 due to state and federal emission control programs, and will 29

continue to decrease due to the ongoing implementation of these air quality programs; 30

31

WHEREAS, the current 75 ppb ozone standard was finalized in 2008, EPA stopped 32

implementing it from 2010-2012 while the agency was engaged in the unusual process 33

– at the direction of the current administration – of proposing to lower the standard prior 34

to the normal five-year review cycle. In 2011, the EPA ultimately halted its consideration 35

of a lower standard at the request of President Obama who citing the importance of 36

reducing regulatory burdens and regulatory uncertainty during the economic recovery. 37

38

WHEREAS, as a result of this delay states did not learn which of their counties would 39

be designated as “nonattainment” until April 2012 delaying state efforts to develop SIPs. 40

EPA only finalized its rule on February 13, 2015. 41

42

WHEREAS, states will achieve further air quality improvements over the next several 43

years due to the implementation of existing Clean Air Act programs, including the 2011 44

Mercury and Air Toxics Standards (MATS) rule and the Tier III low-sulfur gasoline and 45

automotive fuel economy rules; 46

47

WHEREAS, the EPA’s August 2014 Policy Assessment of ozone health effects research 48

needs and priorities is virtually unchanged from the agency’s 2008 assessment, such that 49

many key areas of scientific uncertainty about the public health impacts of ozone remain to 50

be resolved; 51

52

WHEREAS, the EPA calculates that 358 counties in the nation would violate an ozone 53

standard of 70 ppb, based on 2011-2013 monitoring data, and that an additional 200 54

counties would violate a standard of 65 ppb; 55

56

WHEREAS, the EPA estimates that the annual cost of compliance with a revised 57

standard of 70 ppb would be $3.9 billion, rising to $15 billion for a standard of 65 ppb, 58

35

and to $39 billion for the alternative standard of 60 ppb, making this regulation 59

potentially the most costly ever issued by EPA; 60

61

WHEREAS, the nonattainment area designations associated with potential revision of 62

the ozone standard would limit economic and job growth by restricting new and 63

expanded industrial facilities and manufacturing while raising electricity prices for all 64

industries and consumers, with adverse impacts concentrated among low- and fixed-65

income citizens, including senior citizens and minorities; and 66

WHEREAS, retention of the current ozone standard would allow for continued air quality 67

progress throughout the nation as emission reduction programs under existing EPA 68

regulations are implemented, as demonstrated by EPA’s March 2014 air quality 69

modeling for the Tier III low-sulfur gasoline rule. 70

71

NOW THEREFORE BE IT RESOLVED: 72

That the National Conference of State Legislatures hereby calls upon the Administrator 73

of U.S. EPA to reaffirm the 75 ppb primary ozone standard in the current ozone 74

standard rulemaking; and 75

76

That, in the event that EPA determines that a revision of the 2008 standard is 77

appropriate, that the primary standard be set at a level not more stringent than 70 ppb in 78

order to avoid widespread nonattainment and related economic dislocations; and 79

80

That a copy of this Resolution should be delivered to the President of the United States, 81

the Administrator of the U.S. EPA. 82

36

83

37


POLICY: AVIAN FLU RESPONSE 2

TYPE: RESOLUTION 3

SPONSOR: REPRESENTATIVE RICK HANSEN, MINNESOTA 4

A resolution of the National Conference of State Legislatures, expressing support for 5

federal efforts to increase funding for avian flu research and vaccine development 6

efforts. 7

8

WHEREAS, US farmers, poultry processing and food production plants supply a 9

significant portion of poultry products consumed nationally and internationally; and 10

11

WHEREAS, agriculture is a key driver of rural and state economies and the tremendous 12

productivity of United States farmers benefits the national economy and the country's 13

international trade balance; and 14

15

WHEREAS, the highly pathogenic avian influenza (HPAI) H5N1 strain is a new mixed-16

origin virus that combines the H5 genes from the Asian HPAI H5N1 virus with N genes 17

from native North American avian influenza viruses found in wild birds; and 18

19

WHEREAS, according to the USDA, since December 2014, confirmed cases of HPAI 20

H5 have been reported in the Pacific, Central, and Mississippi flyways (or migratory bird 21

paths). The disease has been found in wild birds, as well as in a few backyard and 22

commercial poultry flocks. The Centers for Disease Control and Prevention (CDC) 23

considers the risk to people from these HPAI H5 infections to be low; and 24

25

WHEREAS, 223 detections of HPAI H5 have been reported across 15 states, with the 26

Midwest being hit the hardest, affecting over 48 million birds; and 27

28

38

WHEREAS, farmers and agriculture related businesses have seen significant losses in 29

revenue and workers have been laid off or subject to reduced work hours; and 30

31

WHEREAS, according to USDA statistics, nationwide, over 11% of the nation’s laying 32

hens and over 3% of the nation’s annual turkey production have been impacted to date, 33

resulting in a significant threat to United States agriculture and the ability of our farmers 34

to feed a growing world population; and 35

36

WHEREAS state and federal governments have invested millions of dollars to address 37

the fallout associated with H5N1 and find solutions to the virus; and 38

39

WHEREAS the USDA Agricultural Research Service (ARS), Southeast Poultry 40

Research Lab (SEPRL) is working to evaluate and develop avian influenza (AI) 41

vaccines; and 42

43

WHEREAS, the National Conference of State Legislatures (NCSL) recognizes the 44

serious threats posed by the HPAI outbreak and the key role that the federal 45

government plays in harnessing resources and providing assistance to farmers and 46

others affected by the virus, NOW, THEREFORE, 47

48

BE IT RESOLVED by the NCSL that it fully supports recent federal efforts to protect 49

poultry production and the nation’s food supply by aggressively working to contain and 50

remediate outbreaks when they occur. NCSL also supports federal efforts to serve as 51

technical advisors and the clearinghouse of information for all sectors, and investigating 52

ways to stop the spread of the virus. 53

54

BE IT FURTHER RESOLVED that the NCSL strongly encourages the federal 55

government to increase the funding necessary for state and federal agencies to 56

continue development of biosecurity containment strategies, time sensitive approaches 57

to sharing information, and more aggressive research into what is causing avian 58

39

influenza, why some fowl are more susceptible, and prevention measures, including the 59

development of vaccines, that can be taken. 60

61

BE IT FURTHER RESOLVED federal agencies should work closely with the states to 62

align HPAI efforts and share best practices. 63

64

BE IT FURTHER RESOLVED that NCSL and the states are willing partners in the 65

federal government's HPAI efforts and will closely monitor federal actions and progress 66

on these and related efforts of utmost importance to the states and our nation's food 67

supply, rural agriculture economies, environment, and natural resources. 68

41


POLICY: OIL TRAIN SAFETY 2

TYPE: RESOLUTION 3

SPONSOR: REPRESENTATIVE FRANK HORNSTEIN, 4

MINNESOTA 5

6

WHEREAS, terminated carloads of crude oil on Class I railroads in the US surged from 7

9.344 in 2008 to 540,383 in 2014; 8

9

WHEREAS, more than 141 unintentional releases were reported from railroad tankers 10

in 2014 an all time high and a nearly six fold increase over the average of 25 spills per 11

year during the period of 1975-2012; 12

13

WHEREAS, US DOT predicts there will be an average of 10 oil and ethanol train 14

derailments per year over the next 20 years, causing $4 billion dollars in damage and 15

deaths and injuries in populated areas; 16

17

WHEREAS, the USDOT promulgated new rules for oil and ethanol trains in May 2015; 18

19

BE IT RESOLVED, that the NCSL supports Congressional efforts to strengthen oil and 20

ethanol train safety rules by expediting elimination of DOT-111 and CPC-1232 tank cars 21

within two years; adding speed restrictions for oil and ethanol trains in areas with a 22

population density of 20 people per square mile or more; studying the re-routing of 23

trains around urban areas; and including the railroad industry in the provisions of the 24

Federal Emergency Planning and Community Right to Know Act. 25

42

26

43


POLICY: SURFACE TRANSPORTATION FEDERALISM 2

TYPE: POLICY DIRECTIVE 3

4

The National Conference of State Legislatures (NCSL) calls on Congress to work 5

closely with states to develop a shared, long-term vision for financing and funding 6

surface transportation systems that will enhance the nation’s prosperity and the quality 7

of life of all Americans. 8

9

The federal government plays a vital role in supporting a national surface transportation 10

system that meets national defense needs, addresses fairly and equally the mobility 11

needs of all Americans and facilitates interstate commerce. NCSL supports the 12

continuation and preservation of a federal-aid surface transportation program. The 13

federal program should direct spending to national priorities while allowing for state and 14

insular area flexibility in local and regional variations. It is also essential that the federal-15

aid surface transportation program incorporate requirements and foster goals of other 16

national policies that impact transportation decision-making. 17

18

Recent federal reauthorizations have recognized the unique contributions of each 19

transportation mode to the productivity of the states and the nation, and to the ability of 20

this nation to compete globally in the emerging and existing international 21

economies. These laws contemplate an integrated transportation system for the 22

movement of both goods and people, with increased emphasis on adopting 23

technologies that improve productivity. NCSL urges Congress to provide states 24

enhanced programming flexibility to meet a multitude of national goals. States should 25

have maximum flexibility in deciding how to generate and leverage transportation 26

revenues and how to use state and federal dollars. The ability of states to maintain 27

44

flexibility in decision making and comply with environmental and other mandates is 28

dependent upon regulatory flexibility as well as adequate and reliable funding. 29

30

National Vision 31

The surface transportation system in the United States needs a new vision to guide it 32

beyond the Interstate Highway era into the 21st century and the needs and challenges 33

that lie ahead. Congress should look at surface transportation anew, authorizing a new 34

program that better meets current and future needs for interstate mobility. 35

36

Congress must clearly articulate this new national vision for surface transportation. In 37

doing so, Congress should consider the following as federal objectives: 38

Interstate commerce and freight mobility, 39

Interstate movement of people, 40

National defense and homeland security, 41

Safety, 42

Environmental and air quality preservation and improvements, 43

Research and innovation, and 44

Economic productivity. 45

46

Congress should focus federal programs and funds on these interstate goals. In doing 47

so, Congress should heed the Tenth Amendment and not intervene in or interfere with 48

state-specific transportation priorities. 49

50

Funding and Financing 51

A federal trust fund, financed by user fees, should be retained as the primary method of 52

funding federal-aid surface transportation programs. It must provide states a sustained, 53

reliable source of transportation funding. It is critical that the Highway Trust Fund (HTF) 54

retain spending firewalls that ensure that user fees will be deposited in the HTF to be 55

used on surface transportation and will not be subject to non-transportation federal 56

discretionary spending. NCSL supports states having maximum flexibility in the use of 57

45

funds they receive from the HTF. Additional surface transportation financing and 58

investment priorities include the following. 59

User fees previously collected and diverted from the HTF must be reclaimed. 60

Transit agencies, including commuter rail operations, should be exempt from 61

federal fuel or energy taxes. 62

Unobligated revenues should not be allowed to accumulate in the 63

HTF. Moreover, federal highway spending should not be artificially reduced so 64

that HTF revenues will accumulate unspent, thereby appearing to lower the 65

federal deficit. 66

Annual appropriations should equal authorized spending levels. Obligation 67

ceilings should be set and maintained to reflect gross receipts, plus interest 68

earned. 69

Any federal user fee or container fee assessed for transportation security or 70

infrastructure should provide for state flexibility in project selection and may 71

include private sector input when programming projects funded by a security or 72

infrastructure user fee or container fee. 73

User fees designated for deposit in the HTF should be made available for flexible 74

transportation usage by states. States should have flexibility in the use of funds 75

for intercity passenger rail service, including Amtrak. The federal match should 76

encourage state efforts in specific programs of national significance, but not 77

discourage flexibility in state or insular area transference of categorical 78

funds. Despite separate federal authorizing legislation for Amtrak, Congress must 79

ensure that surface transportation authorizing legislation acknowledges and fully 80

supports the role of passenger rail for ensuring interstate mobility. States that 81

invest in or otherwise support passenger rail services to complement highway 82

mobility options should be rewarded and encouraged. 83

Any examination undertaken on the advisability and feasibility of establishing a 84

federal capital budgeting program should preserve the ability of states to set 85

surface transportation infrastructure priorities. 86

46

Federal formulas designed to distribute discretionary highway funds should 87

consider all state, insular area, and local efforts to fund highways and not be 88

limited to fuel taxes raised. 89

An increase in federal highway transportation funding is needed in the short-term 90

to provide sufficient funding for the next authorization to meet the new vision and 91

until a new, more stable long-term funding mechanism for surface transportation 92

can be put in place. Any fees or taxes imposed on carbon-based fuels used by 93

vehicles should be recognized as a traditional source for transportation funding 94

and should remain dedicated to the Highway Trust Fund. Congress must migrate 95

the Highway Trust Fund from a gas tax to a new national funding stream. In order 96

to accomplish this, Congress must examine innovative ways that capture all 97

system users. Congress should encourage pilot programs in states for 98

experimentation with approaches, methods and mechanisms. Any system should 99

ensure the privacy of users. 100

Apart from the existing Highway Trust Fund flows for transit, NCSL discourages 101

expansion of federal-local funding streams without appropriate coordination with 102

state legislatures as these complicate state-local relationships, financial 103

arrangements, and state match expectations for transportation programs. 104

Congress should continue to encourage and expand incentive-based programs, 105

such as the Urban Partnerships program, to spur local and regional 106

transportation innovation in full coordination with state authorities and to promote 107

the use of tolling, congestion pricing, public transit, telecommuting, real-time 108

traffic and other advanced technologies (also known as intelligent transportation 109

systems), and other strategies in a comprehensive approach to achieve 110

interstate mobility goals through urban congestion reduction. 111

All funding and financing options must be available to state legislatures for state 112

and federal-aid programs. All current federal restrictions on states' authority to toll 113

should be removed so that states can optimize resources for capacity expansion, 114

operations and maintenance while ensuring free flow of goods and 115

people. Tolling, value-pricing and public-private partnerships (PPPs) should 116

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remain state provinces and are not appropriate federal funding and financing 117

mechanisms. 118

Federal guidelines should be designed to accommodate private sector support. 119

The level of private sector participation is best determined by state and local 120

authorities, and private participation should not be a prerequisite for receiving 121

federal funds. Statutory or regulatory barriers to state and locally-granted 122

revenues should be removed. States should continue to have flexibility in 123

creating legislative and programmatic frameworks for public-private partnerships 124

(PPPs), and full authority to select and engage in PPP projects. 125

Congress should not mandate or prescribe state use of toll revenues or tolling 126

mechanisms, though Congress may seek to incentivize states to avoid 127

redirection of toll revenues to non-transportation uses. 128

Congress should continue Transportation Infrastructure Finance and Innovation 129

Act (TIFIA), Grant Anticipation Revenue Vehicles (GARVEE), private activity 130

bond, and State Infrastructure Bank (SIB) programs. Congress should expand 131

credit-based and loan guarantee programs to incentivize private sector 132

investment—particularly for freight mobility by rail, highway and waterway—in 133

projects sponsored by the public sector. 134

Congressional earmarks on transportation spending or for transportation projects 135

should represent additional funding, should be distributed from non-formula 136

funds, and should not redirect base funding. Earmarks should fit within a national 137

objective as defined in the surface transportation program's new vision and must 138

appear in a state DOT's plan. 139

140

Technology 141

NCSL endorses the U.S. Department of Transportation’s goal of deploying advanced 142

technologies known as intelligent transportation systems for consumers of passenger 143

and freight transportation across the nation. Intelligent Transportation Systems are 144

advanced wireless technologies that maximize the safety, mobility and environmental 145

performance of the surface transportation system. These services should be integrated, 146

interoperable, intermodal and voluntary. 147

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148

NCSL recognizes that the private sector and the federal government should lead in the 149

development and bringing to market of reliable and affordable ITS. The federal 150

government should also set national standards for original equipment manufacturers to 151

install the necessary technology so that states can take full advantage of the efficiencies 152

and safety benefits of intelligent transportation systems. Congress should require the 153

Secretary of Transportation to initiate a rulemaking proceeding that new motor vehicles 154

be equipped with platforms for interoperable systems that enable vehicle-to-vehicle and 155

vehicle-to-roadside communications for the purposes of active safety and electronic 156

tolling and tax collection and to provide a means of accelerating the deployment of this 157

equipment in existing vehicles. 158

159

Congress should incentivize states to explore and deploy technology for intelligent 160

infrastructure, making it a high priority and performance measurement benchmark in the 161

restructured federal surface transportation program. Privacy protections must be 162

developed and incorporated into all policies and practices governing use of intelligent 163

transportation systems and technologies. ITS should not be mandated except for 164

legitimate governmental purposes. Any information collected with such technology 165

should be governed by state laws. 166

167

The federal government should encourage states to cooperate with the private sector in 168

the development of real-time traffic information systems. 169

170

Planning 171

Congress must work with state legislators to establish in the next authorization a robust 172

and cooperative state-federal system to set system plans and priorities for federal 173

investment. Transportation program plans developed by entities other than those 174

created by the states must be coordinated with state legislatures to ensure that 175

proposals fit into state programmatic and funding plans. 176

177

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The federal government is uniquely situated to identify and collect data of importance to 178

the development of, maintenance of, and planning for a national transportation 179

system. Congress should incentivize states to share data with the federal government 180

and not use mandates to elicit participation in data collection and analysis. 181

182

NCSL supports a negotiated rule-making led by U.S. Department of Transportation, or 183

another collaborative process congressionally mandated and facilitated by the 184

Transportation Research Board or American Association of State Highway and 185

Transportation Officials (AASHTO), in which NCSL and state legislatures are fully 186

represented to determine the necessary level of and standards for uniformity among 187

states in data collection efforts. 188

189

Performance Measures 190

NCSL encourages the federal government to establish a cooperative process through 191

which performance measures can be crafted for gauging the success of 192

programs. Federal funding should not be directly linked to performance measures; 193

instead, a pilot program should be established in which states can voluntarily participate 194

to gain incentives such as additional funding or reduced regulatory burdens upon 195

successful deployment and use of performance measures. Performance measures 196

should be framed as goals for which states may determine the specific measures and 197

benchmarks. 198

199

Federal monitoring and compliance standards should accurately reflect compliance 200

effort and unique state circumstances. 201

202

Freight and Interstate Commerce 203

Ensuring the safe and timely movement of goods across the nation is an appropriate 204

federal transportation priority. Robust state-federal consultation should evaluate freight 205

flows and collaboratively plan the routes and development necessary to maintain and 206

expand the highway freight corridors. 207

208

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Rail capacity expansion should be coordinated with the states to ensure intermodal 209

cooperation and maximum public benefit. 210

211

The federal government should incentivize states to explore methods of separating 212

highway freight traffic from passenger traffic for the purposes of efficiently moving 213

interstate commerce and public safety. 214

215

Federal engagement with, and investment through, the states to ensure effective and 216

efficient movement of freight through ports or other commerce choke-points is 217

appropriate. 218

219

Environmental Issues 220

The federal government has a role to play in ensuring that national environmental policy 221

meshes with national transportation policy while assuring efficient and cost-effective 222

approaches to both goals. 223

Efforts to streamline regulatory review processes must continue so that 224

construction projects can again be realized on-time and on-budget. Congress 225

should allow and enhance states’ programmatic permitting. 226

Incentives to states to achieve environmental quality standards through 227

transportation projects should replace prescriptive federal regulation and punitive 228

funding actions. 229

230

Safety 231

NCSL supports a continued federal role in helping to set national performance and 232

safety goals. Safety programs should be expanded to incorporate emerging safety 233

issues while respecting state sovereignty. 234

Federal transportation safety programs should promote comprehensive safety programs 235

in the states. NCSL opposes the use of federal sanctions or redirection penalties to 236

enforce federal safety standards. Federal mandates that are enforced through the use 237

of "reprogramming" sanctions should be repealed. Any existing federal compliance 238

standards should reflect overall state effort to promote safety. 239

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240

Research and Innovation 241

NCSL acknowledges that federal leadership and investment in transportation related 242

research and innovation is needed and appropriate. In particular, NCSL supports 243

federal research that promotes fuel efficiency, alternative fuels, high-mileage vehicles, 244

safety and technology. Findings and best practices identified through federal research 245

should be shared fully with states in an unbiased, nonpartisan and scientific manner. 246

247

Indian Programs 248

Transportation is an important service program that provides the infrastructure upon 249

which American Indian tribes’ initiatives can be achieved. NCSL recognizes the unique 250

and extensive transportation funding needs on Indian lands. In an effort to ensure that 251

these needs are adequately addressed, NCSL supports a direct planning relationship 252

between Indian Nations and state departments of transportation. NCSL further supports 253

the continuation of the Federal Lands Program and its work with Indian reservations. 254

255

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