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GCSAA 2001 legislative/regulatory agenda
The GCSAA legislative/regulatory agenda is developed annually by the government relations committee and approved by the GCSAA Board of Directors. The agenda outlines the legislative and regulatory "priority issues" for GCSAA, issues that are likely to require the greatest amount of association resources and staff time. The 2001 agenda was approved in October 2000. Many other issues affect golf course management but are not listed as priorities on the agenda, including Occupational Safety and Health Administration requirements, wage and hour laws, and recycling and composting, to name a few. Government relations staff members closely monitor any issues pertinent to the golf course management profession and take action and notify members when necessary. The Americans
with Disabilities Act (ADA)
GCSAA role: Take lead -- initiate/pursue as a top priority for association members and golf course management industry. Position paper: ADA Golf Alliance White Paper Coalitions/affiliations: ADA Golf Alliance Issue information: The Americans with Disabilities Act (ADA) requires reasonable modifications to golf course policies, practices or procedures to serve people with disabilities (as defined by the law) on an equal basis with the rest of the general public. A reasonable modification is one that does not present an undue burden to the golf course or alter the fundamental nature of the game. Ultimate determination of what the ADA requires golf courses to do to accommodate disabled golfers will come from court decisions in lawsuits based on complaints that the Department of Justice (DOJ) chooses to litigate or from civil lawsuits. Architectural issues, such as golf car path width and curb cuts are being addressed through the regulatory process and the proposed ADA Accessibility Guidelines. On July 21, 2000, the U.S. Access Board published for comment in the Federal Register a summary of recommendations made by an ad hoc committee of the Access Board for final accessibility guidelines on recreation facilities. The Access Board will consider those comments before it votes on a final rule. In September 2000, government relations staff members were told by an Access Board official that the board expected to have final text by January 2001 and would likely vote in February with a final rule in March. The Access Board's final rule will then go to the DOJ, which will develop the enforceable standards for the rule. The Access Board official indicated that it will be very unlikely that the DOJ rule would be published before Spring 2002, and that it may be even later than that based on the slow rate of progress by the DOJ on other ADA rules. Around the United States, golf courses, disabled golfers and enforcement officials struggle with a lack of information about what is required by the law regarding program or golf course play policies. Issues that have been the subject of legal complaints include: whether golf courses must modify their policies to allow disabled golfers to take their golf cars off paths on overseeded, new or dormant turf; whether special golf cars for disabled golfers must be provided; and controlling fraud regarding who is disabled. GCSAA activity: GCSAA spearheaded the formation of the ADA Golf Alliance, bringing together the golf industry and disabled golfer organizations to identify consensus on ADA issues. An issue paper endorsed by members of the Alliance was the basis of negotiations with the DOJ for resolution of compliance issues without litigation. The DOJ has indicated that golf issues are not a priority at this time. Staff recommends that GCSAA utilize the expertise of an ADA attorney with the lobbying firm to reorganize the ADA Golf Alliance in order to move forward on policy issues with the DOJ. Food Quality
Protection Act (FQPA) implementation
GCSAA role: Take lead -- initiate/pursue as a top priority for association members and golf course management industry; work with GCSAA members and industry to protect golf course pesticide uses. Position paper: Staff is preparing a position paper for approval by the GCSAA Board of Directors. Coalitions/affiliations: Responsible Industry for a Sound Environment (RISE); Implementation Working Group (IWG) Issue information: The 1996 FQPA changed the way pesticides are assessed for safety. The intent of the law is good, but the EPA's implementation of the law is not based on science and real-use data. If the EPA continues to use assumptions and models instead of real-use data in its analysis, the loss of some pesticide uses will likely result from needs of manufacturers to reduce exposure and risks. Some specialty uses like golf courses may lose to agricultural uses in this process. Organophosphates were targeted for elimination or reduction of uses in 1999. Industry and pesticide users have continued to demand that the EPA use actual-use data. Legislation that would remedy this situation was introduced in Congress as H.R. 1592 and S. 1464 but did not win approval before Congress adjourned for the year. Both bills would have mandated the collection and use of real-use data and would have given the EPA more time to act.
GCSAA activity: GCSAA has been involved in efforts to pass federal legislation to slow the EPA's re-registration process and allow time to gather needed data. GCSAA continues to submit comments and provide input on golf course chemicals and their use as well as work with members and chemical companies in order to protect and preserve golf course uses. GCSAA continues to work closely with RISE and the IWG to ensure that safe, effective golf course pest management products are protected and will continue to be available. Land use
GCSAA role: Participate -- play an active role in efforts and expected action. Position paper: Staff is preparing a position paper for approval by the GCSAA Board of Directors. Coalitions/affiliations: None at this time. Staff members are exploring opportunities to partner with other organizations working on this issue. Issue information: Land-use issues are becoming more important at all levels of government, especially in the states. Growth management, land use, "green" planning, protection of farmland and reducing urban sprawl are major issues of concern to state legislators across the nation. States are looking for examples of programs where developers are actively working to reduce sprawl and provide "smart growth." Golf courses do and can play an important role in this issue. Golf courses preserve green space and fight sprawl by setting aside meaningful open space and protecting environmentally sensitive areas. Housing developers have successfully reduced the effects of urban sprawl by including golf courses as components of parks and greenways in residential developments. In urban areas golf courses can be the answer to blighted land such as brownfields. GCSAA activity: GCSAA government relations and environmental stewardship departments will identify and explore opportunities to partner with other organizations (such as the Urban Land Institute) to address the issue and promote the positive impacts of golf courses. Staff will work with GCSAA's lobbying firm to communicate the message to lawmakers that golf courses can be a solution to this issue, rather than a problem. Methyl bromide
GCSAA role: Participate -- play an active role in efforts and expected action. Position paper: None at this time Coalitions/Affiliations: None at this time Issue information: Methyl bromide is an odorless, colorless gas used by golf course superintendents to control weeds, diseases, insects, nematodes and pathogens by fumigating the soil. Because of concerns about its toxicity and its effects on the ozone layer, the use of methyl bromide is being phased out by the EPA and will be banned in the year 2005. Economically viable, effective alternatives are not available to date. In 2000, Congress considered legislation (H.R. 4215 and S. 2504) that would extend the use of methyl bromide until 2015. On July 13, 2000, Joe Noling, research and Extension nematologist with the University of Florida, testified on the importance of preserving the use of methyl bromide until effective, economical alternatives are developed. GCSAA activity: The GCSAA Foundation continues to fund research through the University of Florida to find alternatives to methyl bromide. Noise
GCSAA role: Participate -- play an active role in efforts and expected action; continue to work with the Outdoor Power Equipment Institute and equipment manufacturers. Position paper: None at this time Coalitions/affiliations: Outdoor Power Equip-ment Institute (OPEI) Issue information: Many communities have, or are considering, noise ordinances restricting the use of lawn mowers and other outdoor power equipment -- either by banning equipment use outright, or by restricting use during certain times of the day. Such ordinances can adversely affect golf course management operations both economically and agronomically if exceptions are not built into the laws when they are enacted. Pesticide bans
GCSAA role: Take lead -- initiate/pursue as a top priority for association members and golf course management industry. Position paper: None at this time. Backgrounder paper was prepared in 1998. Coalitions/affiliations: RISE Issue information: Many cities across the country are debating ordinances to ban the use of chemical pesticides on city/public property, including golf courses. Local bans on pesticide use are a trend that gained momentum after the city of San Francisco adopted such an ordinance in 1996. Despite its shortcomings, the San Francisco ordinance has been used as a model by anti-pesticide activists to enact similar laws in other locations. If a city adopts an ordinance banning pesticide use, golf course superintendents at publicly owned golf courses will not be able to use chemical pesticides to maintain the golf course. The municipality will be faced with the cumbersome task of dealing with harmful pests in ways that are usually much more expensive and much less effective than using IPM. This puts the golf course at a great disadvantage: When the quality of the course deteriorates, golfers will not play at the course, and the city will lose valuable revenue. Bans on pesticide use by local governments can also be precursors to efforts to totally ban the use of all pesticides in the community, including applications by private citizens to their homes and lawns and applications to commercial property, privately owned golf courses, sports fields and other recreational facilities.
GCSAA activity: GCSAA addresses local pesticide bans by working closely with RISE to coordinate grassroots efforts of superintendents in the communities where bans are proposed. Posting and
notification of pesticide and fertilizer applications
GCSAA role: Take lead -- initiate/pursue as a top priority for association members and golf course management industry. Position paper: None at this time. Issue information: Many states have posting and/or notification requirements regarding golf course pesticide and fertilizer applications. Posting laws require superintendents to post a notice at the golf course regarding the chemicals that have been, or are to be, applied. Notification laws require the superintendent to provide advance notification to abutters that a chemical application is to take place. Reasonable posting requirements that do not interfere with the practice of IPM offer opportunities to open lines of communication between superintendents and golfers. However, posting and/or notification requirements that delay applications or create other maintenance obstacles are unnecessary, can jeopardize the health of golf course turf and could result in the application of higher amounts of product. Pre-emption/primacy
GCSAA role: Take lead -- initiate/pursue as a top priority for association members and golf course management industry. Position paper: Yes Coalitions/affiliations: RISE Issue information: Many states have pre-emption (or "state primacy") laws to prohibit municipalities from adopting local laws and regulations on the use of pesticides and fertilizers. Without such laws, the more than 80,000 municipalities in the United States could adopt and enforce their own unique ordinances, including use and applicator certification, making compliance virtually impossible. In the last several years legislation has been introduced unsuccessfully in a few states to overturn state pre-emption laws. Anti-pesticide activists continue to push local governments to act on this issue. Activists also circumvent the law with bans on pesticide use on government property. Water
resources and use
GCSAA role: Take lead -- initiate/pursue as a top priority for association members and golf course management industry. Position paper: None at this time Coalitions/affiliations: Joint Water Association; Irrigation Association (IA) Issue information: Water availability, water rights and water-use restrictions are significant issues for golf courses and continue to be debated at the state and local levels. Some areas require golf courses to use reclaimed or effluent water for irrigation, and it is important that there is access to water suitable for use on turfgrass. Issue information: Water availability, water rights and water-use restrictions are significant issues for golf courses and continue to be debated at the state and local levels. Some areas require golf courses to use reclaimed or effluent water for irrigation, and it is important that there is access to water suitable for use on turfgrass. The localized nature of water resources and use regulations, as well as regional differences such as climate and geography, make this issue difficult to manage from a national perspective. GCSAA activity: GCSAA continues to participate in the Joint Water Association, facilitated by the IA. GCSAA supports superintendent efforts to deal with water issues at the local and state levels by providing resources through educational programs. Staff in both the government relations and environmental stewardship departments are researching and identifying ways GCSAA and its members can play a larger role in this issue. Wetlands
GCSAA role: Participate -- play an active role in efforts and expected action Position paper: None at this time Coalitions/affiliations: None Issue information: Laws to protect wetlands affect the development, design and renovation of golf courses. Wetlands activity at the state level varies by region. At the federal level, the Army Corps of Engineers is authorized to issue permits regulating the filling of navigable waters of the United States and wetlands under the Clean Water Act. The Corps recently published new and modified nationwide permits (NWPs), to replace NWP 26, which had authorized, without requiring an individual permit, discharges of dredged or fill materials that did not result in the loss of greater than 3 acres of wetlands. The Corps issued five new NWPs and modified six existing NWPs to replace NWP 26. The new and modified Corps permits tighten controls over wetland development and narrow the applicability of NWPs through the elimination of NWP 26 and its replacement with "activity-specific" NWPs. Mitigation is also an element of the new and revised permits. The Corps has restricted the availability and usefulness of the NWPs. As a result, GCSAA members may encounter situations where they are required to comply with individual permits for more activities. Further, environmental concerns over wetland loss and degradation will make approval of individual permits more difficult for golf course projects. The greatest impact of the new Corps program on GCSAA members and the golf industry will most likely result from NWP 39, governing residential, commercial and institutional development, and NWP 42, governing recreational facilities. GCSAA was a primary author of the Environmental Principles for Golf Courses in the United States. The voluntary guidelines in the Environmental Principles provide a framework for environmental responsibility in planning, siting, design and construction of golf courses. GCSAA activity: Staff will utilize the expertise of GCSAA's lobbying firm to explore ways for golf courses to play an active role in this issue (mitigation banking, restoration, etc.). |
