NALP Government Relations Update

NALP Government Relations Update

(This article was written on September 12, 2019. For Current Information or questions please contact Andrew Bray andrew@landscapeprofessionals.org)

Assault on Lawncare Products Continue — Defend the Regulatory Process!

Lawncare products are under a tremendous amount of scrutiny. Negative press, misguided information, biased opinions and a fundamental lack of understanding of how lawncare products are evaluated and approved for use are placing immense pressures on the lawncare industry.

Pesticides are regulated under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) and undergo rigorous testing before the US EPA approves them. EPA approval of a pesticide application is based on voluminous scientific studies reviewed by many EPA experts across a number of scientific disciplines. This regulatory review is important in ensuring that products are safe for people, pets, wildlife and the environment. In addition, under law, EPA must review all pesticide products at a minimum every 15 years or if substantiated concerns about a product’s safety are raised. Following EPA approval, pesticides must be registered in each individual state where they will be used.

Ensuring the safety, health and well-being of our members, their employees, the general public and the environment is the top priority of NALP. Our association fully supports documented research conducted by regulatory bodies and the established framework of FIFRA, and we continually and closely monitor for regulatory and research developments. FIFRA prescribes and implements a robust federal and state pesticide registration and review process. NALP believes this process is the foundation for our industry to responsibly manage landscapes using federally and state approved pesticides. We rely on our regulators, as the experts, to make sound scientific decisions on pesticide registration approvals. The EPA and the 50-state pesticide lead regulatory agencies are our pesticide regulators, and the landscape industry will continue to comply with all federal and state laws and regulations that are supported by the review processes, science, evaluations, decisions and enforcement pursuant to FIFRA.

We are working tirelessly to ensure that Congress or state legislatures around the country refrain from enacting restrictive legislation that is not rooted in science and are the result of political pressure based on uninformed emotions.

As the Virginia legislative cycle kicks into gear in 2020 we will be actively monitoring and engaging the Virginia General Assembly. VTC and NALP have begun working very closely on Government relations issues this past year and we look forward to a close partnership in advocacy efforts to protect the lawncare industry in Virginia. If you have questions or want to be involved or receive updates please contact Bob Mann (bob@landscapeprofessionals.org)

Increasing Available H-2B Visas — The Fight Continues!

This past spring NALP lobbied Congress to provide the Department of Homeland Security (DHS) the discretionary authority to release an additional 69,320 H-2B visas “upon the determination that the needs of American businesses cannot be satisfied.” NALP promptly urged DHS to immediately release the available visas. In May 30,000 additional visas were released, a significant win for the landscape industry.

Now the fight for 2020 continues. In June, the full House Committee on Appropriations passed the Department of Homeland Security (DHS) FY 20 appropriations legislation. Included within the DHS Appropriations legislation is an H-2B amendment introduced by Reps. Pingree (D-ME), Harris (R-MD), and Ruppersburger (D-MD) that would require DHS to release additional visas if certified need surpasses the 66,000 cap. This amendment is similar to the language in current law that states that DHS “may” allow additional visas if the needs of seasonal businesses cannot be filled with US workers but it says that DHS “shall” release additional visas if the needs of seasonal businesses cannot be filled by US workers. This word change takes some of the discretion for releasing additional visas away from DHS.

In addition to the amendment sponsors, Ranking Member Granger (R-TX), Subcommittee Ranking Member Fleischmann (R-TX) and Rep. Rutherford (R-FL) all expressed support for the amendment. This is a very positive step in the Democratic controlled House and Appropriations Committee, but there are still many more hurdles before a DHS appropriations bill passes both chambers and is signed by the President. To date the DHS appropriations measure has stalled and continues to be THE most controversial spending package due to ongoing debate on issues involving the southern border.

Congress passed a continuing resolution in September as both the Senate and the House negotiate final spending packages. NALP is aggressively pursuing fixes for 2020 through the annual appropriations process.

Substantive Permanent Solutions

NALP and the H-2B coalition are in the process of negotiating a permanent fix for H-2B with the House Judiciary Committee, primarily committee staff and Rep. Lofgren’s staff. NALP is working with committee staff, interested stakeholders and members of Congress to reach a permanent, bipartisan reform bill to increase the cap and improve the process.