Government relations report:
Key issues from 2009, what’s on the horizon in 2010
On behalf of its members, GCSAA closely monitors a number of regulatory and legislative issues impacting golf course operations and gets involved when appropriate -- from providing information to government agencies, to posting action alerts so that members can share concerns with lawmakers, to submitting direct input on upcoming legislation.
Make sure you’re update on the issues affecting your industry with this recap of the major government relations news from 2009, as well as a look ahead to the issues we’ll be watching in 2010.
News from 2009
2009 GCSAA Action Alerts
GCSAA members utilized several online action alerts in 2009 to share their concerns with Congress on a number of issues including:
- H-2B “returning workers” exemption – GCSAA members contacted their Senators in February to press for passage of S. 388, the “Save our Small and Seasonal Businesses Act of 2009” which was introduced by Senators Mikulski and Specter. S. 388 would provide a three year extension of the H-2B “returning workers” exemption which expired in October 2007.
- Methyl bromide – EPA rejected a registrant proposal in September for orderly methyl bromide (MeBr) cancellation without providing any explanation for the decision. GCSAA members and chapters responded by urging their Representatives to press the EPA to agree to a reasonable timetable for an orderly MeBr cancellation process. In October, senior EPA officials assured GCSAA that the agency would not cancel golf course MeBr use immediately and would work with the product registrants to determine a phase-out schedule.
- Healthcare reform – The House passed a healthcare reform bill in November which required most employers to provide insurance to seasonal workers or be fined. In December, the Senate sought quick passage of its own healthcare reform bill that included the same provision. In response, GCSAA members reached out to their Senators to share their concerns about the treatment of seasonal workers in the Senate bill.
ADA amendments take effect
Amendments to the Americans with Disabilities Act (ADA) became effective Jan. 1, 2009. The ADA Amendments Act of 2008 revised the definition of “disability” to more broadly encompass impairments that substantially limit a major life activity. This marked the first major overhaul of the ADA since its enactment 19 years ago.
The Equal Employment Opportunity Commission (EEOC), which regulates and enforces requirements of the ADA covering employment and hiring practices, provides specific examples of impairments now defined as disabilities, along with a non-exhaustive list of major life activities that also expand coverage. The new regulations also make clear that mitigating measures (such as medications or devices that eliminate impairment) are not to be considered in determining whether someone is disabled, and that episodic impairments such as epilepsy are disabilities so long as they substantially limit a major life activity when active. As a result, large segments of the workforce will be protected for the first time. Learn more on the EEOC’s Web site.
Agreement reached with EPA on continued use of MSMA
In January, the MAA Research Task Force – basic producers of MSMA – signed an agreement with the EPA that permits the continued use of MSMA on golf courses. GCSAA worked closely with the MAARTF to preserve MSMA use through extensive staff and member involvement in grassroots campaigns, direct contact with EPA regulatory officials, and by providing EPA with usage and economic data and guidance on proposed mitigation measures. Review the agreement here.
EPA to examine pesticides for endocrine disruption
-- Published April 28
The EPA issued in April its initial list of pesticides to be screened for any potential disruption to the endocrine system, and several commonly used golf course products such as 2,4-D, chlorthalonil, chlorpyrifos and imidacloprid were among the 67 active ingredients on the agency’s list. The testing is being conducted through the Endocrine Disruptor Screening Process, an initiative under the broader Food Quality Protection Act. The initial list of pesticides was developed on the basis of exposure potential, and the EPA says it should not be construed as a list of known or likely endocrine disruptors. The tests eventually will encompass all pesticide chemicals. Learn more.
Government relations committee meets in Washington for National Golf Day
-- Published May 19
GCSAA’s Government Relations Committee joined members of the board of directors, staff and representatives from 10 allied golf associations in Washington, D.C., May 13, for the second National Golf Day. The coalition of golf leaders met with members of Congress and their staffs to bring a united message of the industry’s very significant economic and social contributions. The committee also held its annual meeting while in Washington where they developed the 2010 GCSAA Priority Issues Agenda.
New limits on uses of three pesticides
The EPA announced in September plans to place new limitations on the use of three organophosphate pesticides: chlorpyrifos, diazinon and malathion, to protect endangered and threatened salmon and steelhead in California, Idaho, Oregon and Washington. New use limitations are the result of consultations between EPA and the National Marine Fisheries Service during 2002-2004 and replace interim limitations put in place by the U.S. District Court for the Western District of Washington in 2004 as a result of the Washington Toxics Coalition anti pesticide lawsuit. Anticipated changes to product labels include the addition of pesticide buffer zones; application limitations based on wind speed, soil moisture and weather conditions; and fish mortality incident reporting requirements. New, enforceable labels could be available as early as the 2010 spring growing season. The limitations will apply to surface waters encompassing each of 28 salmon and steelhead species in the four states. Learn more on the EPA’s Web site.
GCSAA responds to possible expansion of WaterSense program
-- Published Sept. 15, 2009
GCSAA submitted comments to EPA as they considered expansion of its flagship water saving program, WaterSense. The EPA is considering expanding WaterSense to include the commercial and institutional sector, which includes golf courses. GCSAA responded to the EPA’s white paper “Water Efficiency in the Commercial and Institutional Sector: Considerations for a WaterSense Program” with questions and concerns pertaining to golf facility management. Results from the Water Use and Conservation Survey, other information from the Golf Course Environmental Profile, and information about golf’s economic, environmental and social value was also shared with EPA to consider.
New EPA information on insect repellents
The EPA launched a Web page containing product information on certain skin-applied insect repellents. The agency’s goal is to provide the public with information on registered insect repellents and their effectiveness claims in a clear, consistent and user-friendly format. The page contains two tables listing insect repellent products that are registered by the agency: those that control mosquitoes and ticks, and those that only control mosquitoes. It includes publicly available information on protection times, based on product effectiveness data reviewed by the EPA, and presents it in a format that helps consumers make informed risk-management decisions to protect their health and that of their families and children.
Congress expands military FMLA leave
Less than a year after the Department of Labor issued regulations implementing and clarifying new forms of military-related Family Medical Leave Act (FMLA) leave, Congress approved measures that will substantially expand the scope of these provisions. The 2010 National Defense Authorization Act extends eligibility for "qualifying exigencies" and military caregiver leave to a larger population of employees.
GCSAA’s Lyman to address EPA conference
-- Published Oct. 20, 2009
Greg Lyman, GCSAA’s director of environmental programs, was a featured speaker at the 2009 EPA Environmental Stewardship Branch National Conference in November. The conference, which was held at EPA headquarters in Arlington, Va., focused on The New Pesticide Environmental Stewardship Program (PESP): Building Stronger Partnerships for Effective Environmental Stewardship. Lyman’s presentation highlighted how GCSAA’s research and outreach efforts in environmental stewardship are working to improve pesticide risk reduction in golf course management.
DHS issues final rule rescinding “no-match” regulation
-- Published Nov. 3
Plagued by controversy and legal battles, the Department of Homeland Security (DHS) rescinded the proposed 2007 "no-match" rule in October, which was intended to establish safe harbor procedures for employers to follow if they received Social Security Administration (SSA) no-match letters or DHS notices that questioned the work eligibility information provided by employees. Originally scheduled to take effect in September 2007, the rule detailed new steps employers would have had to take when they received a letter from the SSA alerting them that an employee’s name and social security number provided on a W-2 form did not match – including terminating employment if the discrepancy could not be resolved in a short timeframe. The rule also provided for DHS letters to be sent, outlining new, stiffer penalties for hiring undocumented workers.
E-Verify tool extended for three years
-- Published Nov. 10
In October, DHS said it would focus its enforcement attention on the use of the voluntary E-Verify database system to prevent the employment of aliens not authorized to work in the U.S. – rather than on the issuance of “no-match” letters from the SSA. E-Verify is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, to determine the eligibility of that employee to work in the U.S. It does this by validating the information that was provided on the Form I-9 by means of double checking that information against government databases.
Chesapeake Bay cleanup, recovery strategies underway
-- Published Nov. 17
New strategies are in development to accelerate the pace of Chesapeake Bay watershed cleanup and restoration, as nutrient and sediment pollution continues to plague the largest estuary in the U.S. These strategies include the Chesapeake Executive Council’s adoption of two-year cleanup milestones, a presidential directive ushering in a new era of federal leadership and accountability, and the EPA’s development of a total maximum daily load (TMDL) for the Bay watershed. Because these efforts are being touted as a model for water pollution cleanup efforts in other parts of the country, the golf industry is paying attention to the impact these activities may have on golf course development and operations in the future.
EPA developing Clean Water Act NPDES permits for pesticide applications
-- Published Dec. 1
Golf course superintendents may face serious challenges applying FIFRA-approved pesticides to battle pests in the future because of a January 2009 Sixth Circuit Court of Appeals decision in the National Cotton Council vs. EPA case. The Sixth Circuit ruling declared that superintendents and others must obtain a federal Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) pesticide general permit to apply pesticides on, over or near waters of the U.S. Read more.
Looking ahead to 2010
GCSAA kicked off 2010 by joining the CMAA, NGCOA and PGA of America in announcing to the media and golf's other allied associations a new coalition to address the inequities the golf industry is subject to at the local, state and national levels of government. The coalition will be focused on communicating golf's economic, environmental and human benefits to the media, public and policymakers.
The WE ARE GOLF campaign will utilize the respective association staffs and memberships, and the services of the Podesta Group to execute on a strategy that will benefit the entire golf industry. The Podesta Group is a Washington, D.C.-based government and public affairs firm that brings an experienced team to address the golf industry’s legislative challenges and help with advocacy efforts. Learn more.
In 2010, GCSAA will continue to respond to the ongoing issues mentioned above, but also keep an eye on these and other emerging issues:
- The Department of Labor intends to propose modifications to the H-2B program. Secretary Solis has said the entire program is up for discussion and revision.
- President Obama said in his State of the Union address he would like Congress to continue its work on healthcare reform as well as move on climate change, jobs, immigration reform and deficit reduction legislation.
- Rep. Jim Oberstar (D-AR-8th) plans to reintroduce legislation this spring that would remove the word “navigable” from the Clean Water Act.
- EPA is proposing changes to pesticide labels to address spray drift.
Learn more about GCSAA's 2010 Priority Issues Agenda in next week's issue of GCSAA This Week. For all your public policy needs in 2010, please contact Chava McKeel, senior manager, information and public policy, at (800) 472-7878.
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