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The food and agriculture industry in the United States is not only key to the public health and welfare of this nation but is an important force in the economic, social and political fabric as well. Farming and ranching are the foundations of our $1 trillion food and fiber business with nearly $60 billion in annual exports. This vast industry is essential to the economic health of virtually every community. It generates almost 15 percent of the total economic activity in the nation, as well as providing almost 18 percent of the country’s jobs.
Agriculture remains a core feature and industry in Rural America. All levels of government must join together immediately in a comprehensive national effort to stem the tide of decline in rural communities. This objective can be accomplished only by continued federal efforts to revitalize the agricultural, mining and forestry industries and by new initiatives to diversify the economies of these rural communities. In seeking to achieve economic diversification, special focus must be placed upon the search for an effective strategy incorporating economic development, market diversification, venture capital, job training/retraining, intercity transportation, education, health and housing facilities, technical assistance and infrastructure components, at a minimum.
The US has agreed to dramatically reduce its levels of domestic support for particular crops, consistent with the obligations undertaken as part of this round of World Trade Organization talks. The federal Farm Bill is set for congressional consideration and reauthorization prior to 2007. At this juncture, the US has an opportunity to continue to support its agricultural dependent communities through a range of rural investment and direct payment programs which are consistent with the US commitments to free trade. Congress, in approaching Farm Bill reauthorization, must remain mindful of US trade commitments and therefore design domestic support programs so as to eliminate trade distortions while maintaining a vibrant rural America, a strong agricultural sector, US food security, state sovereignty, and maximum state programmatic flexibility. Congress must fully recognize the magnitude of the opportunity before it with this Farm Bill reauthorization to increase the economic prospects of rural communities while fulfilling commitments made by the US on agriculture at the World Trade Organization and thus advancing overall US trade negotiating objectives.
NCSL implores Congress to seize this important opportunity to lay the groundwork for increased rural prosperity by ensuring that the domestic supports found within the federal Farm Bill are designed to reach the broadest number of farm families and rural communities, and are fully funded. NCSL believes the conservation programs and payments under the Farm Bill should be creatively maximized to the benefit of farm and rural communities; economic development initiatives; and soil, water, and wildlife conservation. NCSL encourages Congress to carefully consider the rural development, energy, and research portions of the farm bill and the benefits of targeted investments in rural prosperity such as increased support for value added processing, all forms of on-farm energy production including bio-fuels, and strengthened linkages between land grant institutions and the communities they serve.
NCSL encourages Congress to consult regularly and meaningfully with state legislators and their national associations as the 2007 Farm Bill takes shape to ensure that state interests and programs are respected, maximized, and sustained. NCSL looks forward to working with Congress, the U.S. Department of Agriculture, and state legislators to facilitate these consultations and to achieve our mutually shared goals.
The National Conference of State Legislatures urges the federal government to encourage an increase in the research, development and promotion of alternative fuels derived from domestic sources and alternatively fueled vehicles, including their commercial production and use, and to devote federal funds to evaluate the environmental and economic impacts of alternative fuels and alternatively fueled vehicles. Alternative fuels and alternatively fueled vehicles can reduce the level of toxic and other emissions from vehicular use, reduce our dependence on imported oil, improve our national security, help to balance our trade deficit and help cities, counties and local governments comply with the Clean Air Act Amendments and other legislative mandates. This research, development and promotion of alternative fuels and alternatively fueled vehicles should have as its primary purposes reducing the level of air pollutants and other emissions, reducing U.S. dependence on foreign oil, and providing a low cost, reliable energy source.
The Clean Air Act Amendments (CAAA) attempt to address the issue of air quality by requiring states and regional authorities to develop comprehensive plans to control air pollution. A significant number of metropolitan areas in the United States have been identified by the U.S. Environmental Protection Agency (EPA) as not meeting health based standards for carbon monoxide, nitrous oxides, ozone and sulfur oxides, particulates and other pollutants. According to the EPA, much of the pollution in these nonattainment areas can be directly traced to mobile source emissions. By themselves, traditional methods apparently are no longer capable of effectively ameliorating the increasingly negative impact of these emissions. As a result, NCSL recommends the exploration and evaluation of all forms of alternative domestic fuels and alternatively fueled vehicles in order to reduce the incidence of toxic air emissions. NCSL recommends caution in promoting the replacement of traditional fuels with alternative fuels that could result in other pollution problems.
NCSL supports a federal Clean Alternative Fuels program that includes but is not necessarily limited to methanol, ethanol, or other alcohols, reformulated gasoline, ultra-low sulfur diesel, biodiesel, natural gas, liquefied petroleum gas, and hydrogen or other power source (including electricity). However, NCSL recommends that this program take into account other uses of source products, i.e. grains, when making recommendations for fuel usage or setting new national standards.
NCSL is concerned that the further development of alternative domestic fuels, alternatively fueled vehicles and conservation devices will depend, at least in the near future, upon the continued availability of tax credits designed to encourage investment in these technologies.
While tax credits and exemptions are important to the creation of an alternative fuels market, NCSL recognizes their negative fiscal impact on the overall federal budget, as well as inequities in the Highway Trust Fund. Consequently, NCSL urges Congress to encourage the use of alternative fuels through incentives that will increase the production and development of new vehicles with alternative fuels capability and vehicle conversion, in lieu of alternative fuels tax exemptions. Federal tax credits available to alternative fuel production facilities should be extended for a limited time. Congress is urged to phase out the tax credits for the research and development of alternative domestic fuels and alternatively fueled vehicles when the technology or changing policies relating to petroleum-based fuels makes the product competitive in the market place. In an effort to mitigate the state-specific impact of these and other federal policy changes, states should retain taxing authority to ensure that alternative fuels are competitively priced.
NCSL believes that the development, promotion and use of alternative fuels derived from domestic sources and alternatively fueled vehicles is consistent with the primary goals of a national energy policy that calls for the most efficient use of energy, a comprehensive energy conservation strategy and the development and promotion of alternative renewable energy sources.
NCSL believes that there should be no warranty invalidation incurred by a provider if ASTM standards are met for the fuel and the vehicle is approved for that fuel.
In areas required under CAAA to utilize reformulated oxygenated fuels, selection of alternative fuel additives should be left to the discretion of the affected state, where costs, safety, and economic and environmental impacts can be considered.
With regards to fuel additives, NCSL recommends the following:
- Prior to approval of fuel additives, U.S. EPA should examine public health benefits and cross-media implications.
- Any fuel requirements should be in the form of performance-based goals. No specific chemicals or other additives should be prescribed in order to maximize state flexibility to achieve the goals.
- Any fuel requirement should be based on anticipated air quality benefits.
August 2009
The 2002 discovery of a single case of bovine spongiform encephalopathy (BSE) in a Canadian born cow within the borders of the United States has spurred debate on the establishment of a verifiable national animal identification program. The USDA has now put into place the National Animal Identification System (NAIS), a voluntary system with three components: premises registration, animal identification, and animal identification and tracking or tracing. The National Conference of State Legislatures (NCSL) recognizes that such a program could be beneficial in helping maintain domestic and international consumer confidence in the safety of the United States meat supply. NCSL also believes such a system, if properly implemented in cooperation with the Governments of the states and territories, could be an invaluable tool in helping control any future outbreak of infectious disease while serving as a important firewall against any attempted terrorist attack on the food production system in the United States.
While there are many benefits to the implementation of such a system, the National Conference of State Legislatures also understands, as with most Federal programs, that “the devil is in the details.” NCSL strongly believes that several issues must be addressed in any final system if it is to be of benefit to the country as a whole, if it is to be consistent with the principles of our federalist system and not an unfunded mandates on the states, and if it is not to be a financial burden to individual farmers and ranchers. We believe that to reach this goal, the following must be discussed and addressed:
Any program must be designed and implemented in full consultation with state legislatures to ensure proper attention to public interest and financial considerations.
Any program must be designed and implemented in cooperation with the departments of agriculture of the states and territories. USDA must work to insure that any animal identification system is compatible with the current inspection and enforcement systems of the state governments. This program also must be largely, if not completely federally funded and not result in yet another unfunded mandate on the already strained budgets of the various states.
Any program must be designed and implemented with an eye toward the least possible cost to individual producers. Recent increases in live animal prices have given farmers and ranchers the ability to replace equity lost over the last decade of low prices. We do not need an additional layer of regulatory cost to be born solely by the meat producers of the United States which could eliminate profits in favorable times and exacerbate loses in times of low prices.
Any program should encourage shared responsibility throughout the meat industry and should encourage full participation by all sections of the industry.
Producers and processors should be provided adequate liability and privacy protection.
An educational and outreach component should be established within the program in conjunction with state cooperative extensions services to help inform producers and consumers about the system.
International imports and exports must be included in the final identification system to provide adequate protections for both the security of the domestic food system and to help ensure consumer confidence. Identifying both live animals and processed product moving across international borders is essential if any system is to be seamless and successful. Labeling of such product is necessary for trace back ability.
NCSL applauds the actions taken by USDA to maintain consumer confidence, domestically and internationally, in the U.S. supply of meat. We hope, however, that as we continue to consider further action on a national animal identification system, that a productive dialogue resulting in a workable, fully funded system is put in place and that the concerns of the states are fully addressed. We look forward to working with the federal government to reach this goal.
August 2010
America's family farmers have recently experienced financial distress caused by inflation, high fuel, rising input costs, regional droughts, and skyrocketing feed costs. In many cases, adversity has been so severe that farmers have been forced out of agricultural production. Others have been discouraged from beginning farming. The National Conference of State Legislatures supports a state-federal partnership to confront these challenges, including the use of federal tax incentives to support state-based development and loan programs.
To improve opportunities for new entrants into the farming profession many states administer "beginner farmer" programs. These programs typically involve no direct appropriations, but instead apply a federal income tax exemption to loans made to first-time purchasers of farm land, agricultural equipment and livestock. The tax savings to banks participating in the programs provide an incentive to reduce the interest rates charged to qualifying farmers. Favorable terms not only improve credit access for beginner farmers but also facilitate the development of long-term relationships that benefit rural communities.
Despite the success of state beginner farmer programs, the federal Internal Revenue Code currently includes provisions that have limited their use. While the total amount of federal tax revenue associated with these programs is relatively small, they have effectively stymied beginner farmer programs in many states.
The National Conference of State Legislatures supports changes to the federal Internal Revenue code that reduce borrowing costs to qualifying farmers and strengthen state beginner farmer programs. For example in 1996, the agricultural bond program was expanded to allow state loan programs to finance beginner farmer purchases of agricultural property from grandparents, parents or siblings. The definition of first-time farmer was also revised, so someone may own as much as 30 percent of their county median farm size and still be eligible for a beginner farmer loan.
NCSL supports building on these steps by exempting agricultural bonds from the federal volume cap placed on industrial revenue bonds in each state. Currently, agricultural bonds must compete with large industrial and housing projects in each state for the limited volume cap allocated by the federal government. As a result many states cannot meet the demand for agricultural bonds. Other states are prevented from offering them altogether because their state's volume cap is already allocated for other purposes. In addition to an exemption for agricultural bonds, NCSL supports raising the total volume of state bonding authority to free resources for beginner farmer programs if achieved in a manner consistent with a balanced federal budget.
NCSL recommends that the President and U.S. Congress amend the federal Internal Revenue Code to make the use of agricultural bonds more attractive to banks and other financial institutions. Specifically, these institutions should be able to deduct interest expense associated with their purchase of tax-exempt bonds that support beginner farmer programs. NCSL also recommends that the federal government permit deductibility for loans financed by issuers that are not necessarily small issuers as defined by the Internal Revenue Code, since many states use larger authorities to issue tax-exempt obligations for beginner farmer programs. NCSL believes that these measures would benefit beginner farmers by increasing the availability of agricultural bonds and competition between financial institutions.
August 2011
State legislatures and the federal government share the goal of a vibrant rural economy and preservation of the family farm. In the past several years, weather events and instability in the price of some agricultural commodities have beset the rural economy and magnified the need for producers to effectively manage risk. Contract production, derivatives and crop insurance have provided producers with some protection and price stability. However, these tools have not alleviated a reliance on federal ad hoc disaster programs. By their nature, these programs are unpredictable and, at best, offer producers short-term relief from natural disasters and economic downturns.
In an increasingly competitive international marketplace, American producers must have access to a range of risk management tools. Central to this goal, NCSL supports a state-federal partnership to develop a fair and affordable crop insurance program that complements other risk management tools available in the marketplace for all crops. NCSL supports an efficient program that reduces reliance on ad hoc relief programs and promotes informed production and management decisions. NCSL also supports federal efforts to encourage private-sector development of innovative risk management tools. However, any plan for crop insurance must not adversely impact a state's ability to levy premium taxes, regulate the business of private insurance and set solvency standards for private crop insurers.
August 2011
The United States has historically enjoyed low energy and gasoline prices. However, in recent years, increases in gasoline prices, home heating oil, natural gas prices and electricity prices, especially in the West, have all contributed to the uncertainty and instability of the country's economy. This instability has led to increased federal efforts to impose preemptive remedies on the states in an attempt to address the nation's energy and economic concerns.
Given the energy concerns for the nation and those shared by many individual states, NCSL believes that state legislatures should work together, regionally or otherwise, to solve their individual and collective energy supply concerns. Therefore, NCSL believes that:
States should have the option and authority of being represented in Regional Transmission Organizations (RTOs) on a voluntary basis. State participation in an RTO should not supersede nor alter state jurisdiction, unless agreed to by the state;
State-created regional mechanisms like interstate compacts and regional reliability boards designed to address transmission reliability and other regional energy issues should be facilitated by Congress;
States should collaborate to resolve problems related to the interconnectedness of the energy grid and the environmental impact of generating electricity;
Energy facility siting should remain under state jurisdiction devoid of federal mandates and preemption;
Electric facility siting authority should remain under state authority. The federal government should not exercise its power of eminent domain in its pursuit of constructing energy facilities or related purposes;
To the extent to which federal activity has restricted state authority over electric facility siting, specifically electricity transmission lines, the federal government should work together with the states to ensure a seamless system of regulatory action and minimize the necessity for the federal backstop to be used;
U.S. Department of Energy and the U.S. Environmental Protection Agency should work in partnership with states:
- in developing and implementing state and federal energy policy planning processes; and
- in deploying new energy efficiency and other demand-side options, as well as deploying new and conventional supply-side technologies;
- Given the national implications of state energy concerns, the federal government should provide sufficient funding to states as they develop energy policies on an individual or regional basis; and
- The federal government should exercise its authority, especially when requested by states, to assist them as they attempt to solve their energy problems.
August 2010
On August 29, 2005, the Southern States Energy Board (SSEB) began a study entitled “American Energy Security,” which analyzes the limitations of world oil production, the consequences of rapid growth in energy demand from “developing” nations led by China and India, and the significant vulnerabilities faced by the United States due to excessive dependence on foreign sources of oil. The Study proposes a plan for America to establish energy security and independence beginning in 2010 by replacing 5-percent of our oil imports each year through 2030 utilizing domestically produced coal, biomass and oil shale. The Study demonstrates that whereas world proven oil reserves equal roughly 3 trillion barrels, the United States has between 2 trillion and 4 trillion barrels of oil equivalent available today in the form of coal, biomass, and oil shale.
To achieve these goals, the Study proposes the rapid development of large “poly-gen” energy plants utilizing gasification technologies. Long-used in the chemical industry and overseas, gasification technologies are capable of producing environmentally superior transportation fuels, industrial and pipeline-quality synthetic natural gas, zero-emissions electricity, hydrogen, chemicals for fertilizers, and enhanced oil and natural gas recovery using captured carbon dioxide, all at stable, long-term costs below the current market prices for oil and natural gas. Rapid deployment of these technologies, which would enhance current ethanol and biodiesel initiatives already underway, could completely eliminate U.S. dependence on foreign sources of oil by 2030.
In addition to the national security benefits of this endeavor, the economic benefit to the United States of developing this new “energy manufacturing” sector would be staggering. Recent analysis prepared by the U.S. Department of Energy concluded that rapid deployment over the next two decades of gasification technology using coal as a primary feedstock for gaseous and liquid fuels would create nearly 1.5 million new, high-paying energy manufacturing jobs in the United States; reduce our nation’s energy costs by 33 percent; and, result in an aggregate GDP gain of more than $3 trillion.
The National Conference of State Legislators calls on the United States Congress to enact the legislative recommendations of the Southern States Energy Board’s American Energy Security Study. Immediate Congressional action is needed to accelerate the deployment and use of alternative transportation fuels produced from coal, biomass, and oil shale, in order to begin to eliminate the United States’ dependence on foreign sources of oil. Copies of this policy position shall be forwarded to members of the Congress of the United States.
August 2009
The combination of low farm commodity prices and uncertain exports has resulted in serious cash flow and credit problems for some of our nation's agricultural producers. These problems have, in turn, caused financial trouble for lending institutions that supply credit for agricultural purposes. States are affected because financial shortfalls in the agricultural sector exacerbate economic hardships for many farms and businesses, impact negatively on state revenues and compel states to expand various programs to overcome these challenges.
Long-Term Needs
The underlying reason behind the farm credit problem continues to be inadequate net farm income to service agricultural debt. To solve that fundamental problem, the National Conference of State Legislatures urges federal efforts designed to enhance farm income while increasing agricultural exports.
Long-term agricultural lending needs and policies must be addressed by the federal government in partnership with the states. State legislators should be represented on any working or study group for this purpose established by Congress or the executive branch.
Farm Credit System (FCS)
Many individual farmer-borrowers face hardship as they are affected by low farm prices and adverse weather. Where necessary, the National Conference of State Legislatures encourages farm credit institutions to work with farmer-borrowers to restructure debt. Furthermore, NCSL urges that any disposition of land and assets held by the System or its units be conducted in an orderly fashion so that such disposition does not adversely affect the value of those assets or of other property within the community. NCSL also urges that FCS institutions continue to work with producers to provide necessary financing for changes in payments and crops resulting from adjustments to federal programs.
Commercial Lending Institutions|
Any action to alleviate farm credit problems must take into consideration problems being experienced by commercial and independent financial institutions. As federal financial assistance is provided to member institutions of the FCS, assistance should also be provided to commercial lending institutions that provide credit to agriculture.
Furthermore, Federal Deposit Insurance Corporation (FDIC) policies and federal bank regulation procedures must be reviewed to ensure that the maximum assistance is being provided to troubled borrowers, without compromising the safety and soundness of the institution or the assets of the FDIC.
Bankruptcy Law
Bankruptcy laws also must be reviewed as they relate to agricultural and small business bankruptcies to determine what impact, if any, they may have upon credit availability and affordability. Particular emphasis should be placed upon assessing the impact on family-held corporations and partnerships. NCSL supports federal legislation to permanently extend allowing farm operations to declare Chapter 12 bankruptcy.
Secondary Market for Long-Term Loans
The Agricultural Credit Act of 1987 created a secondary market administered by the Federal Agricultural Mortgage Corporation (Farmer Mac) to provide more lending capacity for farm real estate and rural housing and more long term credit for farmers and ranchers. The National Conference of State Legislatures urges the federal government to work with states to assure that the provisions of the law continue to be fully implemented.
August 2010
Federal Facilities Cleanup (Joint with Environment Committee)
Federal and state governments are together faced with managing large quantities of hazardous, radioactive, and mixed (a combination of hazardous and radioactive materials) waste and materials that are located at numerous federal facilities throughout the United States. Some of these wastes and materials have been improperly handled over the years, necessitating both waste management and environmental restoration at these facilities. These facilities were crucial to the nation's production of nuclear weapons and overall defense strategy, and while significant progress has been made, there is a continuing need for conscientious and thorough environmental reclamation. These facilities, which belong to the U.S. Department of Energy and the U.S. Department of Defense, each have specific environmental needs that must be addressed.
Radioactive and hazardous wastes have been generated since 1942 by the development, production, and maintenance of nuclear warheads by the Department of Energy's network of nuclear weapons production facilities, including its national research labs. Even as waste minimization activities are pursued, substantial amounts of waste continue to be generated, as the environmental restoration effort progresses. This includes transuranic waste (TRU), which the Department of Energy is currently disposing of at the Waste Isolation Pilot Project (WIPP) near Carlsbad, New Mexico, as well as the high-level radioactive waste generated by the production of nuclear weapons. This high-level waste will be disposed of in the same repository that the Department of Energy will operate for the disposal of spent fuel from commercial nuclear power plants. Significant amounts of low-level radioactive waste and mixed wastes were also generated from nuclear weapons production, as well as general maintenance activities, at military bases. This waste also requires disposal.
Some wastes continue to be stored in inadequate interim storage facilities and pose potentially serious long-term threats to public health and the environment. There are also safety and equity concerns surrounding the transportation and ultimate disposal of these wastes. The states insist that the cleanup and disposal programs advance in a safe, cost-effective and expeditious manner.
Other federal facilities that have generated waste and may remain unsafe for humans include military bases and formerly used defense sites operated by the Department of Defense. States are also committed to the cleanup and conversion of closed military bases to other beneficial uses as soon as possible. NCSL encourages the Department of Defense to lessen the impacts of closing these facilities by entering into partnerships with business and other private interests in order to turn them into sites of commerce and development.
In 1992, Congress enacted the Federal Facilities Compliance Act (FFCA) which waived the doctrine of sovereign immunity and allowed partial state environmental regulation at federal facilities.
NCSL firmly supports the principles of the FFCA. Furthermore, NCSL believes that:
- Federal, state and local environmental laws have been enacted to protect health and the environment. Federal facilities must comply with and be held to the same standards established by these laws. Lower standards for federal facilities are unjustified.
- The federal government should be responsible for the cleanup of federal facilities. There should be coordination among the Department of Energy, Department of Defense, and the U.S. Environmental Protection Agency with state regulatory agencies to insure that the cleanup of these facilities is properly and efficiently managed.
- The federal government should be subject to all state laws governing the cleanup of hazardous and radioactive waste materials.
- Department of Energy facility sites should continue to be incorporated into the National Priority List according to the severity of the risk they pose, but cleanup should be independent of Superfund monies.
- The Department of Energy should continue to use the contract review process to provide effective oversight and to evaluate integrated contracts for cost accountability
- Congress should provide for sufficient long-term funding for the effective and timely cleanup and disposal of existing and future wastes. Cost -effective solutions must be developed and implemented by federal agencies to meet cleanup standards that protect human health and the environment. Congress must fund and federal agencies must implement an aggressive research and development program to develop and to put into place the technology necessary to address the cleanup situation at all federal facilities.
- Cleanup work must be accomplished in strict compliance with federal facility agreements, federal laws and regulations. Congress should give state and federal regulators complete enforcement authority necessary to ensure such compliance. For those sites that do not require extensive cleanup, a future use and owner should be identified as quickly as possible in order to return the affected land to productive use.
- States, Indian tribes and affected units of local government must have a continuing, substantive role in the planning and oversight activities of the waste-management effort. The Department of Energy must recognize that cultural resources and artifacts may be present on DOE sites, and must partner with affected Indian tribes to identify and mitigate impacts to those resources. Additionally, the general public must also be given the opportunity to be involved in the decision-making process.
- Whenever possible, pollution prevention practices should be followed and recovered materials should be recycled or reused.
- As it will be necessary for waste to be transported across state-lines to waste storage and disposal facilities, all transportation must be done in compliance with state and federal safety procedures for the shipping of hazardous, radioactive, and mixed wastes. States must play an integral role in evaluating the safety of a particular method of transportation and must be continually informed about the status of waste movement and storage.
U.S. Department of Energy
Furthermore, NCSL recognizes the work of the Department of Energy's Office of Environment Management in developing the Five Year Strategic Plan, that includes comprehensive, strategic plans to characterize and prioritize the long-term cleanup and management of wastes at all Department of Energy facilities. NCSL urges the continued implementation of these accelerated cleanup plans, and supports the following:
- A firm commitment to a cleanup schedule, including aggressive, but realistic milestones for all activities. Action should be taken to manage federal radioactive, hazardous, and mixed waste sites as soon as possible, but safety and quality cleanup must remain the priority.
- Federal cleanup efforts must be conducted in full consultation with the affected states, Indian tribes and units of local government. Cleanup efforts should begin with site-specific plans which can then be used to develop a national plan for future cleanups. An ongoing dialogue with the states should be maintained and institutionalized to ensure effective state involvement in critical cleanup related decisions.
- Federal cleanup efforts should enforce priorities and meet milestones set forth in federal-state consent orders regarding the cleanup of specific sites.
- A fully funded and comprehensive long-term stewardship program for all of the Department of Energy sites must be developed to ensure that communities are protected in perpetuity.
- Funding designated to cleaned and closed “accelerated site cleanups” must be reallocated to other sites for cleanup.
NCSL acknowledges the Department of Energy’s Performance Based Project Management with the goal of expeditiously and significantly improving program performance. NCSL supports improving program performance and risk reduction activities and supports the following:
- The need for performance standards that are both consistent and effectively applied.
- The creation of a comprehensive risk-based cleanup strategy that reduces risk to human health and the environment. This strategy should be both clear and technically defensible.
- Department of Energy adherence to all National Environmental Policy Act processes, specifically the public involvement requirements.
Waste Isolation Pilot Plant
In accordance with Public Law 96-164, the Department of Energy designed the Waste Isolation Pilot Plant (WIPP) as the first permanent repository for defense generated transuranic (TRU) waste.
The Waste Isolation Pilot Plant Land Withdrawal Act (PL 102-579), passed by Congress in 1992, allows for further testing and experiments to determine the viability of radioactive waste disposal in deep geologic salt formations as recommended by the National Academy of Sciences in 1955.
NCSL urges Congress and DOE to:
- Appropriate adequate funds and direct the Department of Energy and the Environmental Protection Agency to expedite their respective responsibilities under Public Laws 96-164 and 102-579.
- Implement through DOE, a compensation program that recognizes equity considerations for state and local governments hosting a TRU waste repository and the federal government's obligation to provide such compensation.
- Provide assistance to the host community to subsidize and maintain an independent environmental monitoring and analytical laboratory to ensure public confidence and safety (i.e., Carlsbad Environmental Monitoring and Research Center).
- Provide assistance to the state of New Mexico and other affected states for highway maintenance and improvements, emergency response training and equipment, and public education.
- Provide assistance to corridor states for transportation-related impacts.
U.S. Department of Defense
NCSL will continue to work with the federal government in the development of site-specific cleanup plans. State legislators are interested in the timely cleanup and conversion of bases subject to closure to lessen the financial impact on the states and local communities from the closure of military facilities. The Department of Defense should establish an aggressive cleanup schedule for military facilities or develop options for the transfer of land to new owners who agree to cleanup the site before developing it for future use. The Department of Defense and any future owners should be subject to all state laws governing the cleanup of hazardous and radioactive waste materials. All cleanup efforts should be conducted in full consultation with affected states and local communities.
August 2010
National Conference of State Legislatures (NCSL) is distressed by the current state of affairs that the United States finds itself in with regards to energy policy and financial stability. As State elected officials we believe it is well past time for a change in the direction at the national level. In particular, the NCSL is concerned that;
- The lack of Congressional and Presidential leadership over the past three decades has placed America in a very precarious position with respect to national energy security and the resultant financial stability.
- Effective policies and solutions are stifled by the constant failure of the Congress and current and past administrations to cooperate and seek solutions that are both effective and productive.
- Individual states are working to address energy issues at the state level but a comprehensive national strategy is necessary to address the myriad of energy issues that plague this country.
- It is imperative that Washington, D.C. turn to the issues at hand and work to effectively solve the energy issues faced by all of our constituents.
In order to reverse course and begin to address these issues the NCSL urges Congress and the Administration to act without delay to reestablish a sound foundation for national energy policy given the important and integral role of energy in all facets of modern life. By providing the necessary and fundamental support for programs key to a secure and sustainable energy future, the nation will at the same time be ensuring the resilience of our domestic economy and the competitiveness of the United States in the global economy.
The NCSL believes a considerable effort needs to be undertaken at the federal level in partnership with state, local and tribal governments to advance action that moves us closer to our ultimate goal of a secure and sustainable energy future. To that end NCSL urges action by Congress and the Administration:
- To promote enhanced efficiency and conservation in the use of our energy resources;
- To promote a diversified national energy portfolio that would reduce our reliance on a limited number of energy sources;
- Encourage and assist in the development of enhanced oil and gas refining capacity and technology;
- Support domestic energy production and reduce imports;
- Regularly reviews and updates CAFE standards;
- To accelerate research and development of advanced clean energy technologies;
- To promote the development of an infrastructure to support the distribution of clean energy technologies;
- To ensure energy resources are used in a sustainable and environmentally sound manner;
- To support investment in the national academic and job training systems in order to advance science and engineering curricula and ensure a trained workforce exists to accomplish the necessary research and development of advanced clean energy technologies;
- To support both basic and advanced science education that would provide a foundation for tomorrow's workforce and reverse the decline in well-qualified entrants into the domestic energy economy;
- To address the limitations of the visa system that restricts entry to the United states of leading scientists and engineers from around the world; and
- To address the capitol, material and labor deficiencies affecting our ability to manufacture and deploy advanced clean energy technologies.
National Energy Strategy: Roadmap to the Future
The NCSL acknowledges and applauds the enormous amount of work the states have devoted to developing comprehensive energy policies to date. However, to fully secure the further benefits that only a national energy policy can ensure, NCSL urges Congress to direct the U.S. Department of Energy through the national laboratories and technology centers to develop a national energy strategy for moving the United States toward independence from non-North American energy sources. The development of this strategy should be done in partnership with state governments and universities to leverage the work which has already been done to develop comprehensive state energy strategies. The national energy strategy should encompass short, medium and long-term goals designed to enable the nation to transition from current energy production and use patterns to a more secure and financially stable future configuration that is drastically more independent of non-North American energy sources.
August 2011
The first Morrill Act of 1862, the Hatch Act of 1887 and the Smith-Lever Act of 1914 created a system of Land Grant Universities and endowed the colleges with a three-part mission of teaching, research and extension. The third component of the mission – extension – links the Land Grant Colleges’ programs to the needs of society at large through a service function that includes extending education and technology transfer to the public. The Bayh-Dole Act of 1980, and amendments, dramatically altered intellectual property rights in publicly-funded research, allowing recipients of federal research funds to patent and license technologies and inventions arising from such research.
Mergers and concentration among agricultural suppliers have greatly diminished the number of farm input suppliers providing seed, chemicals and other products and services to producers. Ownership and control of plant genetics, plant varieties and the agricultural research is rapidly being concentrated in the hands of a few, economically powerful firms. The purpose and promise of agricultural research through the Land Grant Colleges, including research into genetics and biotechnology, is to create products of added value to producers and to ultimately enhance farm income. Privatization of agricultural research has increasingly limited producer access to advanced genetics and the fruits of biotechnology to license and contract, creating a potential legal barrier to agricultural producers fully realizing the economic benefits of agricultural research.
Therefore, the National Conference of State Legislatures (NCSL) calls on Congress to review the Bayh-Dole Act of 1980 and subsequent amendments for its impact on encouraging concentration and vertical integration within the agricultural sector, and for its consistency with the mission and purpose of the Land Grant College system. Further, Congress should increase federal support for agricultural research, and retain through grant and contract provisions greater portions of technology arising from such research within the public domain. Congress should also affirm as objectives of the Land Grant Colleges’ agricultural research mission to achieve broad dissemination and producer access to crop technology, and preserve and enhance the income and economic opportunities of producers.
August 2009
The 1967 and 1968 Meat and Poultry Inspection Acts prohibit state-inspected products (beef, poultry, pork, lamb, and goat) from being sold in interstate commerce. However, the prohibition does not apply to “non-amenable” products—such as venison, pheasant, quail, rabbit, alligator and a host of others. These products are normally regulated by state inspection programs, yet can be shipped in interstate commerce without restriction.
The 1967 and 1968 Acts require all state meat and poultry inspection programs to be “at least equal” to federal standards. Twenty eight states have adopted state meat inspection programs that equal or exceed federal standards. State-inspected meat and poultry are the only commodities that are restricted from sale across state lines. Other commodities, such as milk, dairy products, fruit, vegetables, fish, and shellfish, which are inspected under state jurisdiction, are allowed to be marketed freely throughout the U.S. In addition, foreign-inspected meat can be shipped to and sold anywhere in the U.S. as long as that country’s foreign inspection program is equivalent to U.S. federal standards—in practice the same standard which state-inspected programs must meet.
Three USDA Advisory Committees have recommended that the ban on interstate sales of meat and poultry be removed because it will level the economic playing field for small business, spur more competition in the marketplace, create a more uniform inspection system, and enhance consumer confidence in the food supply—all of which will benefit farmers, ranchers, processors, small business, and consumers.
The National Conference of State Legislatures supports federal legislation to allow interstate shipment of state-inspected meat and poultry, and urges members of Congress to ensure such this legislation is enacted.
August 2010
Changes in the national and global agricultural marketplace affect farmers dramatically. Consolidation of agribusinesses and new marketing practices are but some of the marketplace elements that encourage and discourage farmers, sometimes creating a wealthy farm owner, sometimes destroying a family farm. The National Conference of State Legislatures seeks a federal policy that will sustain a vibrant agricultural marketplace and strong farm economy while providing for competition and fair practices.
Agribusiness Vertical Integration and Marketing Practices
In recent years, agribusiness has sought closer ties with farm producers through contracting and vertical integration to increase efficiency and ensure steady supplies of commodities with specific attributes. Farm producers are becoming more closely tied to agribusinesses that process and market food products by arrangements that coordinate the various stages of the food production and marketing system.
Direct marketing arrangements are rapidly replacing the traditional open market system for valuing and trading commodities. While contract production arrangements may afford benefits to both producers and agricultural processors, loss of a competitive marketplace entails new risks for producers. The experience of certain farm sectors within integrated systems also shows that producers can be vulnerable to exploitation and manipulation under contract arrangements, particularly when producers are wholly dependent on one or two integrators for contracting opportunities.
NCSL recommends that Congress review the Packers and Stockyards Act as a mechanism for addressing unfair practices that may occur under such arrangements, monitor activities in this area, and enact appropriate and timely legislation to safeguard the welfare of producers.
Further, in light of the level of unprecedented concentration within the packing industry - a level even greater than that which prompted enactment of the Packers and Stockyards Act - vigorous and determined enforcement of anti-monopolistic practices of the major purchasers and processors of livestock, including discriminatory procurement practices, is vital to the prosperity of production agriculture. The National Conference of State Legislatures urges Congress and USDA to strengthen and diligently enforce the provisions of the Packers and Stockyards Act in concert with the clear intent of the Act to curb monopolistic abuses in the concentrated meatpacking sector
Agribusiness Mergers
Despite the explicit prohibition of Section 7 of the federal Clayton Anti Trust Act (15 U.S.C. 18) against business mergers having the effect of lessening of competition or tending to create a monopoly, rapid consolidation among the nation’s leading agribusiness conglomerates continues unabated. The past decade has witnessed previously unthinkable mergers and buyouts of competing agribusiness giants.
Recent mergers and proposed mergers are resulting in unprecedented consolidation in our national food production and processing system. The combinations are a significant milestone in the relentless march toward integration and monopolization in the meatpacking sector and have posed a major test of the effectiveness of anti-trust law and its enforcement. In September of 2000, the GAO found deficiencies in the ability of the Grain Inspection/Packers and Stockyards Administration (GIPSA) to police anticompetitive practices in the meat industry. It also confirms growing fears that our nation’s food supply will ultimately be dominated by a handful of national and international food conglomerates.
The National Conference of State Legislatures therefore calls upon Congress and the U.S. Department of Agriculture to closely scrutinize further mergers among the nation’s livestock slaughtering and production companies with a combined value of greater than $1 billion, to establish a bipartisan commission to study the effect of concentration and vertical integration in the livestock sector, and to recommend necessary changes in policy and authorities to preserve and enhance competition.
August 2010
The National Conference of State Legislatures urges the federal government to develop, implement and maintain an expansive, integrated, environmentally-sensitive and cost-effective national energy policy. NCSL commends Congress and the Administration on passage of the Energy Policy Act of 2005 (Public Law No: 109-058.) reaffirming the federal commitment to establish and maintain a national energy policy.
The primary goals of a national energy policy should be to develop a comprehensive energy conservation strategy, provide for the most efficient use of energy, to promote reliable sources of domestic energy supplies and to develop and promote the use of alternative, renewable energy sources. A national energy policy should ensure adequate supplies of affordably priced energy. A national energy policy should ensure the use of energy in an efficient and environmentally-sound manner so that the needs of our citizens, economy and national security interests are met. Energy independence must be a goal of the United States. A balanced mix of energy sources is essential to the security and the future economic growth of the United States. It is also imperative that a national energy policy must utilize a cost-benefit analysis to determine the effect of each fuel source on the environment.
Principles
Those principles which NCSL believes ought to guide the development and implementation of a national energy policy include:
- Promotion of the most efficient and economical use of all energy resources.
- Promotion of energy conservation and efficiency and the development and use of alternative and renewable energy supplies.
- Promotion and provision of incentives for the development and optimal use of all energy resources and new facility infrastructure.
- Assurance that various domestic energy sources are continually developed, maintained and stored to prevent supply emergencies and to promote energy independence.
- Consideration and assessment of environmental costs and benefits for all energy resources, fuels and technologies in rendering legislative, regulatory and market decisions regarding energy production and use.
- Provision of an affordable energy supply for all citizens.
- Examine the feasibility of and where feasible promote state-wide or regional minimum storage level requirements for heating oil for states dependent on this fuel.
- Specification and balancing of clear lines of local, state and federal regulatory authority.
- Development of both short - and long-term strategies to provide adequate energy supplies, efficient utilization of those supplies and optimum cost effectiveness.
- Promotion of the education of school-age children regarding energy resources, consumption, conservation, and production and regarding environmental protection, safety and risks in energy production.
- Assurance of expanded energy research and development and broadening of the citizenry’s access to energy-related information.
- Assurance of participation of state and local officials in the development and implementation of a national energy plan and strategy.
- Avoidance of mandates, particularly unfunded mandates, upon state and local governments in developing a national energy policy.
- Avoidance of pre-emptive federal laws.
Implementation
NCSL believes development of a national energy strategy should have at least these seven components:
- an assessment and forecast of our nation’s energy future and its impacts;
- an evaluation and ranking of short and long-term energy options available to the nation;
- an evaluation of possible energy futures which provide greater benefits to our citizens;
- development of recommendations for energy options and energy futures that the nation should pursue, with the establishment of national targets or goals;
- evaluation and recommendation of implementation mechanisms including, but not limited to, incentives, technical assistance, educational programs, regulatory standards or guidelines to achieve the targets or goals;
- coordination of federal and state components, responsibilities, and authority; and
- a cost-bennifit analysis to determine the use of each fuel source.
NCSL believes that a national energy policy should consider energy sources based on the following criteria first: lowest cost, cost benefit analysis, revenue loss, cost to consumers, reliability and environmental or other impacts. Energy policy alternatives that would improve our energy security without imposing significant new costs, while balancing the need for environmental protection, should be implemented. NCSL strongly supports a coordinated effort between state and federal government in producing a national energy policy. In the development of a national energy policy, the federal government should consult closely with state legislatures, devise mechanisms to bring state legislatures into the energy decision-making process as full participants on a continuing basis, and ensure the inclusion of representatives of the legislative branch of state government in all state-federal working groups dealing with energy policy.
Conservation and Energy Efficiency
Increased energy efficiency can decrease U.S. reliance on imported oil, reduce the environmental impacts of fossil fuels, reduce the long-term operating costs of U.S. industries thus improving their competitiveness, slow the depletion of our finite fossil fuels and extend the time we have to make the transition to new and innovative energy technologies.
NCSL supports a national energy policy that promotes energy efficiency in a variety of ways including both setting and strengthening policies as technologies improve while recognizing the significance of economic costs on various segments of the population including rural areas:
- Corporate Average Fuel Economy Standards for automobiles and light duty trucks, including sport utility vehicles and minivans;
- energy efficiency provisions in model building codes (including lighting efficiency standards and weatherization);
- "Whole-building" and life cycle costing approaches to construction and retrofitting that integrate energy efficiency technologies and practices;
- home appliance and heating and cooling unit efficiency standards;
- waste recycling and reduction standards for industrial manufacturing;
- standards for conservation in electrical production and supply including cogeneration;
- use of alternative energy; and
- a national transportation policy that emphasizes various modes of transportation, including passenger rail and transit, and promotes energy efficiency.
Government Support for Energy Efficient Products and Industries
NCSL supports incentives for consumers to purchase energy efficient products. The federal government should continue to establish incentives for energy efficient fleet procurement industries and manufacturers of energy efficient products. The federal government should continue to encourage the use of innovative financing technologies to increase energy efficiency in buildings such as performance contracting and long-term leasing and purchase agreements for energy efficient products.
Government's Participitory Role
Federal and state governments’ leadership role in the purchase and use of new energy efficient technologies and products should be expanded, and all government-owned buildings should make use of economical energy conservation programs, demonstrating state of the art efficiencies whenever possible.
Renewable Energy
Renewable energy sources include, but are not limited to, geothermal, hydropower, biomass, wind, photovoltaics and solar. NCSL believes that recognizing this spectrum of resources, the federal government should institute a long-range, stable Renewable Energy Development Program which identifies and supports development of renewable energy sources from research and development through demonstration projects and commercialization in a cooperative effort among industry, higher education, and national laboratories.
Energy Emergency Preparedness
The federal government should support and enhance energy emergency preparedness in order to reduce the potential impact of petroleum supply disruptions. Initial efforts should focus on strategies to reduce the nation's dependence on foreign oil to avoid future emergencies. Such programs must give consideration to existing state laws and programs, and state and local officials should be included in the federal planning process.
The national energy emergency preparedness program shall include the following principles: voluntary conservation is preferred to mandatory measures wherever possible; any mandatory response should be phased in, beginning with the least stringent measures, with gasoline rationing reserved for only the most severe shortage; and to minimize undue hardships on states and regions heavily dependent on motor vehicle transportation, rationing allotments and allocation plans should be based on state and regional needs and strategies rather than on national averages. Priority shall be given to home heating needs including home heating oil and propane, provided homes are adequately insulated.
To ensure that the country has sufficient, affordable supplies of energy, NCSL believes changes need to be made at the national level to encourage the more efficient use of energy to reduce U.S. reliance on foreign oil. Federal investments in energy efficiency research and technology have and will continue to ensure that less energy is consumed without a loss in comfort or productivity. Also, federal investments in new energy technologies such as fuel cells and hybrid generators can create technology and manufacturing jobs. Both energy efficiency and research in developing alternative energy technologies should figure significantly in a national energy policy.
Crude Oil
The federal government should promote the environmentally-sound production of domestic energy resources in coordination with the conservation and efficient use of energy resources, and the management of energy imports.
The federal government should promote and encourage domestic production of crude oil in an environmentally sound manner to supply United States consumers with a secure source of petroleum, and provide a stabilizing influence to the world price of crude oil. Since domestic production is declining rapidly, the efficient use and conservation of these resources must be encouraged. Also, the extraction and transportation of crude oil must be done only with full safeguards for the protection of the environment. In this regard, the federal government should consider incentives for domestic exploration, maintenance of stripper wells, but excluding other extractions, and technological research for methods of enhanced oil and gas recovery that are environmentally safe and in accordance with state policy.
The federal government should ensure that energy resources are utilized in a manner that recovers the most energy value possible while assuring full protection of the environment. Similarly, it should be the strategy of the United States to alleviate oil dependency by funding research and development to perfect alternative fuels, particularly for transportation. The federal government should also increase research and development in the area of new energy generating technologies like fuel cells and hybrid engines. Enhanced oil and gas recovery from known reserves should be promoted in an environmentally sound manner.
The federal government should manage United States imports by diversifying import suppliers, pursuing a Pan American Energy Alliance with Western Hemisphere producing nations, and expanding a dialogue with suppliers worldwide.
Coal
Coal is America’s leading fossil fuel in reserve. Coal holds the promise of long-term energy security for this nation. Resources of coal can be properly utilized only if we develop technologies to burn coal more cleanly, and efficiently. Because coal consumption produces carbon dioxide, mercury and other emissions, energy conservation and energy efficiency must be emphasized.
It should be the goal of the United States to provide continued support for the Clean Coal Technology Program, in partnership with the private sector. Research and technology development in clean coal usage should include work in pre-combustion, combustion, post-combustion, and coal conversion areas with desulfurization efforts a top priority. The United States should jointly address transboundary environmental problems with Canada and Mexico. NCSL supports the acid rain program of the Clean Air Act of 1990 that phases -in reductions in emissions from coal burning power plants.
Since gas generated from coal can be distributed through existing pipeline systems, and since the delivery of coal in a conventional form will require extensive capital investment in plant conversion and rail transportation, coal gasification should be seriously considered as an alternative to the use of coal in a conventional manner.
Mined lands should be reclaimed concurrently and restored to an environmentally appropriate condition. The effects on local infrastructure needs and the costs of prime farmland protection and land reclamation should be considered in the development of a national coal program. Financing of activities under the abandoned mine reclamation fund should be accelerated, and a federal commitment to reclamation should be strengthened. No federal policy having implications for land development or management should be adopted without accommodating the laws and policies of affected states.
Natural Gas
Efficient natural gas turbines can be utilized in many areas with fewer environmental concerns. Natural gas can be developed with very low worker mortality compared to other energy activities.
The United States should encourage domestic production of natural gas in an environmentally sound manner.
Currently, the Office of Pipeline Safety (OPS) regulates the inspections of gas pipelines in the U.S. NCSL believes safety is not being maintained sufficiently given recent explosions. The federal government should adopt legislation that funds and authorizes states to assume a more prominent role in the regulation of pipeline safety. In this way, states in partnership with the federal government, will enhance the safety of pipelines and the protection of residents by decreasing the risk of pipeline accidents.
Nuclear
Assuming concerns regarding plant safety, and the transportation, storage and disposal of nuclear waste can be resolved, nuclear power is an integral part of a national energy plan.
A federal government program for the long-term treatment and disposal of high-level radioactive waste, funded by the generators of the waste, should be pursued with the highest priority given to the safe reprocessing or transportation of waste and to the safety and technical suitability of storage or disposal sites. Such a program should be developed in full consultation with all of the affected states. The nuclear power plant licensing process for future plant construction must be improved to ensure both public input and timely decisions, and federally standardized nuclear power plant designs should be established.
It is essential that the Nuclear Regulatory Commission provide strong, centralized, and
- consistent administration to improve management of the agency, expedite policy formulation, and help bring about needed reforms in licensing and regulation, consistent with the NRC’s primary responsibility of ensuring public health and safety. Meaningful and effective state participation is necessary in public safety planning and transportation of commercial nuclear waste.
- States must continue to have the right to monitor operating conditions at nuclear power plants, waste storage and disposal facilities, and to exercise regulatory authority where consistent with federal law.
- Federal funding should be provided for research in the areas of waste management technologies, nuclear fusion, and plant retrofit and life extension.
Tax Treatment of Decommissioning Funds
State electric industry restructuring initiatives and the emergence of competition in generation supply have two potentially adverse major impacts on decommissioning funds - loss of tax deductibility and taxation of the funds transferred in nuclear plant sale transactions. The tax code should be updated to ensure that existing funds are treated in the manner intended by the tax laws and to reflect new business conditions.
Electricity
The federal government should promote energy efficiency and conservation to lower the demand for electricity. The development of sources of electric energy that are sufficient to meet national needs, secure from external threat, reliable in availability and delivery, safe relative to people and the environment, and efficient for use in homes, businesses, industries, and as an alternative vehicular fuel, should be pursued after aggressive efficiency and conservation programs are implemented.
The electricity sector today is marked by tremendous regional diversity, especially with regard to capacity. Fuel usage also varies widely. Implementation of federal legislation that fails to recognize this diversity inevitably penalizes one region or another.
Public Benefits/Environment:
- States should maintain the authority to require public benefits programs on a nondiscriminatory basis, including those that support reliable and universal service, energy efficiency, renewable technologies, research and development, and low-income assistance. Existing federally sponsored public benefits programs should be maintained in a restructured market. Electric industry restructuring should be consistent with any federal environmental laws, including the Clean Air Act.
- In regards to fuel usage, the electricity sector is characterized by tremendous diversity, regionally, and state-to-state. Factors relating to fuel usage include energy efficiency, economic competitiveness, environmental impacts and technological adaptability. Implementation of Federal legislation that fails to recognize market mechanisms inevitably penalizes one region or state or another. Mandate programs, which have led to energy market distortions in the past, are counter to the concept of restructuring, which encourages the efficiencies of market competition. States are in the best position to evaluate market force considerations. Congressional legislation should not limit, through the use of mandates or otherwise, state flexibility in addressing market mechanisms in electric restructuring plans.
- NCSL believes that non-traditional energy production should be encouraged. The federal government must maintain and increase its commitment to cost effective energy conservation and efficiency while maintaining adequate and reliable energy. Power providers, equipment and appliance manufacturers, and consumers should be given legislative and regulatory incentives to promote these goals.
Consumer Protection and Education:
- The safety, reliability, quality, and sustainability of services should be maintained or improved.
- All consumers should have access to adequate, safe, reliable, and efficient energy services at fair and reasonable prices, as a result of competition.
- States should retain the authority, with the assistance of the federal government as needed, to protect consumers from anticompetitive behavior, undue discrimination, poor service, market power abuses, and unfair service practices.
- States should maintain the authority to establish or require comprehensive consumer education and outreach programs to minimize public confusion and provide information so consumers are able to make informed choices and participate effectively in a restructured market.
Regulatory Authority
State regulatory bodies are close to consumers, utilities, industries, and concerned for state environmental and economic well being. State regulatory bodies are in the best position to evaluate consumer needs, questions relative to fuel choice, economic development implications, and system reliability.
NCSL strongly supports and urges the continuation of the state legislative oversight for the approval and siting of all major energy conversion facilities, subject to minimum federal standards established only after the fullest consultation with state governments, both executive and legislative branch. State authority over the siting of energy facilities should not be preempted by federal law.
NCSL recognizes action taken by Congress in the 2005 Energy Policy Act establishes new preemptions of state authority regarding liquefied natural gas terminal siting and electricity transmission line siting. NCSL urges Congress to allow these provisions to be implemented and studied before any attempt is made to expand the preemption to further limit the state role in siting of these energy infrastructure components. NCSL opposes any such expansion of these provision but urges Congress at a minimum to allow for the complete implementation of the new standards before reopening the issue.
Research and Development
The cornerstone of a national energy policy should include a broad research and development component. The federal government has already committed substantial research funds for clean coal, nuclear research, basic science and related efforts. These research and development efforts ought to be continued. These efforts, however, should be supplemented with increased incentives and federal funding for research and development projects emphasizing emerging technologies, including, but not limited to, renewable resources, energy conservation, efficient use of energy, alternative fuels, oil and gas recovery, superconductivity, and fuel cell technology. This enhanced long-term research and development capacity should also be designed to encourage private sector participation with federal and state representatives.
Renewable Energy R&D Market Support
Part of the renewable energy resource development program, and critical to its success, is federal development of alternative technologies that improve renewable energy efficiencies, cut costs, and assist in integrating renewable energy into existing energy systems. Also needed is a translation and distribution system for international technical and marketing papers on renewable energy. The U.S. should strive for excellence in the use, manufacturing and marketing of renewable energy resources and technologies.
Education and Information
It is essential that the nation, including its elementary and secondary school-age children, be made fully aware of energy use and costs, production processes, alternative energy resources and the impact energy usage has on our environment. NCSL recommends that public and private sector education efforts be initiated, expanded and appropriately funded. These efforts should emphasize that significant economic and environmental benefits can be achieved through increased efficiency and conservation. Also, the federal government should promote both energy conservation education and fund research into conservation technologies. Federal funding of energy conservation programs, including grants to states, should be enhanced.
The federal government and the states should encourage education in schools about the importance of energy efficiency and conservation.
NCSL believes an essential step in formulating a balanced energy policy is to develop the necessary data and employ analytical methods and models to assess the efficiency, productivity costs and risks of the various energy choices available to the nation. NCSL recommends the development of this analytic base by the Department of Energy, with assistance from the Departments of Defense, Treasury and State, and the Office of Management and Budget, in conjunction with the states.
Transportation
National transportation strategies must include public policy initiatives directed at broadening the efficient use of our energy resources. NCSL believes these policy initiatives should include, but not necessarily be limited to, incentives and adequate funding for mass transit, high speed rail, magnetic levitation and other emerging transportation technologies; fuel economy standards; and other market incentives for improving the energy efficiency of automobiles and light trucks; and federal, state, and local procurement policies favoring efficient vehicles. Public-private partnerships should be encouraged.
This policy supersedes the national Energy policy approved at the 2004 annual meeting and the Electric Industry Restructuring policy approved at the 2005 annual meeting.
August 2009
The National Conference of State Legislatures (NCSL) believes that federal farm programs should continue to provide support to economically efficient farming operations. The funding appropriate to agriculture should be targeted toward programs which promote the preservation of the basic family farm structure. Legislation should also be enacted to limit agricultural business tax shelters for non-farm income. NCSL urges Congress to review the existing payment limitations for individual farmers and program eligibility requirements to ensure that they meet this objective. In addition, the Conference recommends that all federal agricultural adjustment payments, price-support program loans, payments and other benefits not related to soil conservation efforts be limited to citizens of this country or aliens lawfully admitted for permanent residence.
NCSL believes that broader national concerns must be addressed in order to provide stability to agriculture. Monetary policies must be implemented which promote low interest rates and maintain dollar exchange rates which enhance the potential for sale of this nation's commodities in international markets. The federal government must also maintain a stable financial network capable of supplying adequate amounts of affordable credit to the agricultural industry. The government must also continue to search for innovative financing tools which enhance the ability of agricultural producers to manage risk and stabilize income. In addition, any domestic farm program must work in conjunction with a strong, aggressive export program which protects and expands our export markets.
NCSL recognizes that decisions affecting American agriculture must reflect a working partnership of the federal government with the states in both the formulation and implementation of policy. Both federal and state policies affect the preservation of the family farm, regulation of corporate farming, the availability of credit and resource conservation and development. It will only be through the strengthened efforts of state legislatures in these areas, in cooperation with the federal government, that a sound national farm policy can be developed and maintained.
Marketing
The federal government should cooperate fully with states' efforts to supplement private sector marketing programs by providing comprehensive marketing, promotion and market development activities. These should include, at a minimum, sustained commitments to the provision of data on market trends and consumer demands, technical assistance, financial assistance and public education campaigns. An aggressive, enhanced marketing program, targeted to both foreign and domestic buyers, is indispensable to the creation and maintenance of a healthy agricultural sector.
Special emphasis must be placed upon the development of new markets through the creation of demand for new crops or products or additional sources of demand for existing commodities and products; the improvement of linkages between buyers and sellers; a shift toward the sale of processed, not raw, commodities and high value cash crops; and the identification and analysis of potential markets. All parties, both public and private sector, must work together to develop effective strategies to exploit those opportunities fully and to maintain an ongoing ability to respond to changing consumer demands.
Competition
Family farmers ultimately derive their income from the agricultural marketplace. These independent producers are in a challenging position in selling their product to large processors and in buying their inputs from large suppliers. Today the position of the family farmer has become even weaker as consolidation in agribusiness and food retail has reached all-time highs. Farmers have fewer buyers and suppliers than ever. The result is an increasing loss of family farms and the smallest farm share of the consumer dollar in history.
The agricultural marketplace has degraded to the point where competition at the farm gate has nearly vanished. The open market lacks adequate price information for producers to make marketing decisions. At the same time that we focus on access to foreign markets, our farmers are being shut out of domestic markets. Horizontal consolidation and vertical integration have caused a misallocation of resources where such consolidation fails to benefit the farmer or consumer. Contractual relationships between farmers and processors or input suppliers must be fair and equitable for all parties involved. As Congress considers methods to increase farmer income through government programs or otherwise, it must set rules to improve the competitive environment so that farmers are able to retain a greater portion of that income.
The National Conference of State Legislatures therefore calls on Congress to include a Competition Title in the next Farm Bill. The basic purpose of a Competition Title should be to protect individual producers so as to promote the diverse ownership of the productive assets in agriculture. The Competition Title should be based on fundamental principles to facilitate proper market operation including: access to markets, fairness in dealing, freedom from conflict of interest, transparency/full information of market conditions, and vigorous price competition. Three subsections of the Competition Title should include rules governing: (1) the open market; (2) contractual relationships; and (3) the ability to bargain collectively. These rules should apply to all agricultural commodities.
Natural Resource Conservation
Policies affecting agricultural production should encourage the conservation, not the depletion, of natural resources. All federal government actions affecting these resources should be conducted in close cooperation and only after consultation with the states. A strong commitment to conduct research, in the area of improved methods of natural resource conservation and protection, must be maintained. State and local governments have repeatedly demonstrated their ability to best solve their own problems. The federal government should work with state and local governments to develop agricultural land use policies, but should leave the responsibility for establishment of these policies to the state and local governments. NCSL favors a block grant approach that gives states maximum flexibility. Fundamentally, NCSL believes that states must be given a much stronger voice in ensuring that federal wetlands, endangered species, and land management policies respect the rights of local landowners and states.
Federal wetlands policy is currently in a state of confusion, as a result of overlapping responsibilities among multiple federal agencies with wetlands responsibilities. Delineation of wetlands, instead, should be the clear responsibility of a single agency acting in consultation with other federal agencies, states and ultimately with state concurrence that the property rights of local farmers and ranchers have been protected. Similarly, federal regulation to protect endangered species must be conducted with a greater emphasis on consultation with the states and the protection of private property rights and state prerogatives. Unless there is substantial progress in protecting private property rights and state prerogatives, then procedures should be considered for states to opt out of federal wetlands and endangered species regulation.
In general, the federal government should delegate authority to states for the development, administration, and enforcement of wetlands protection and endangered species programs. The national government, acting through USDA, should set broad national goals and standards for wetlands protection and preservation of endangered species, but states should have the flexibility to meet those goals in ways that ensure both the protection of the rights of its citizens and the protection of the health and vitality of the states' agricultural, forestry, and ranching economies. The federal government, furthermore, should provide financial and technical assistance as incentives to encourage states to assume primacy over wetlands and endangered species programs.
Devolution of authority to states should also be a goal of federal land management policies. Demonstration projects should be established to determine if state administration of national forests, grasslands, parks and other federal property will result in cost savings to taxpayers and greater sensitivity to the concerns of local citizens and property owners. NCSL, moreover, encourages Congress and federal agencies to hold hearings and public meetings in order to hear the concerns of state and local officials and of ordinary citizens and property holders regarding the impact of federal landownership and regulation.
Soil conservation remains one of the foremost government responsibilities to agriculture. An ongoing education program must be maintained to make certain that producers are fully aware of the need for proper soil conservation practices and of the best methods to use in their implementation. To avoid an irreparable loss of valuable topsoil and siltation of our nation's rivers and streams, diligent efforts must be made by the federal government to ensure that proper soil conservation practices are adopted and that fragile, erodible land is protected.
The National Conference of State Legislatures supports existing law which requires that each farm have and follow an approved soil and water conservation plan in order to obtain government assistance. Benefits may be denied if that crop is grown in violation of this requirement. Further, NCSL supports continued extension of the Conservation Reserve Program.
Research and Development
NCSL supports the state-federal partnership in agricultural research at state universities. A thorough review of all existing research and development programs must occur, with priority being given to those projects which identify new uses of agricultural commodities or their byproducts, increase their value in the marketplace or reduce the production costs. This study should also examine the allocation of resources for applied as well as basic research. Furthermore, funds must be made available to support research and development of innovative products. Funds should also be used for dissemination of information about research discoveries both domestically and abroad.
NCSL urges the federal government to maintain a strong research program for the development of adequate, cost-effective and environmentally sound control measures to ensure the eradication of all insect and plant pests and animal diseases. NCSL believes that this research and the implementation of all pest or disease eradication projects should be done in close cooperation with the states.
Success in agriculture requires increasingly sophisticated management skills and financial resources. Using existing mechanisms and institutions, the federal government should work with the states in providing the basic training and retraining opportunities necessary for the successful operation of an agricultural enterprise and for the continuing adjustment of producers to changing conditions in agriculture.
August 2010
Calcium deficiencies are an epidemic, costing billions per year every year. Indeed, calcium deficient diets are found in all generations, races and genders. The diseases now known to be associated with calcium deficient diets are osteoporosis, adult, childhood and pregnancy related hypertension (pre-eclampsia), obesity, colon cancer, PMS, post-partum depression, kidney stone formation and polycystic ovary disease.
The National Institute of Child Health and Human Development (NICHD) recognizes inadequate calcium consumption among children and adolescents to be an epidemic and a serious threat to their later health, growth, and development. According to the Centers for Disease Control, over 66% of today's children cannot or will not get their recommended daily intake of calcium. Bones grow and incorporate calcium most rapidly during the teen years, and establish approximately 90% of adult bone mass by age 17, but only 13% of teenage girls get the calcium necessary to build their bones to peak capacity. Many children do not meet their needs for calcium but can receive calcium rich foods and beverages without changing their dietary habits.
Therefore, NCSL urges the federal government to work cooperatively with the states to increase calcium intake and reduce the incidence of calcium-deficient disease, by:
- Prioritizing education and awareness through the Cooperative Extension Service;
- Supporting programs that encourage and increase dairy consumption;
- Supporting purchasing preferences legislation of calcium-fortified foods and beverages over non-fortified products in all public institutions;
- Supporting the use of calcium supplements for the Americans that cannot or will not consume a normal daily calcium intake; and,
- Promoting research programs to assess childrens’ overall daily calcium intakes and in-school consumption pattern.
August 2010
The National Conference of State Legislatures (NCSL) urges the Environmental Protection Agency (EPA) to reform the NSR program to achieve improvements that enhance the environment and increase production capacity, while encouraging efficiency, fuel diversity and the use of resources without weakening the requirements intended to reduce emissions from new or modified sources of air pollution. Routine maintenance, repair or replacement activities which are not major modifications should not trigger NSR requirements.
August 2011
Oil overcharge settlement funds have been made available to states from the Department of Energy through the settling of claims against the oil industry for the overcharge of petroleum products. NCSL is appreciative of Administrative and congressional action to disburse authorized unclaimed overcharge monies to the states.
NCSL believes that the refunded oil overcharge money disbursed to states should be used for energy-related purposes. Emerging federal and state emphasis on conservation and energy efficiency programs has created a state need for funds to develop and implement new programs. Existing state grants administered through the Department of Energy need additional money to accomplish program goals. Some states are unable to meet the growing demands of their energy programs with state money alone.
Therefore, NCSL strongly supports expeditious pass-through of oil overcharge settlement funds by the Department of Energy to states only to supplement, and not supplant, energy related programs. NCSL opposes efforts to reduce or eliminate or take credit for federal funding of existing energy related programs such as the Weatherization Assistance Program, the Institutional Conservation Program, the State Energy Conservation Program, and programs authorized to be funded by the Energy Policy Act of 1992, based on the receipt of oil overcharge settlement monies. NCSL also opposes the diversion of oil overcharge monies from their intended energy uses.
As oil overcharge and settlement funds are depleted, Congress is encouraged to appropriate replacement or supplemental funds to facilitate continued state involvement in worthwhile energy programs.
August 2010
The National Conference of State Legislatures recognizes the shared responsibility of states, counties and the federal government for the management of public lands. Responsible and efficient land management necessitates a constructive partnership, particularly for those lands administered by the National Forest System. These lands provide benefits in terms of fees, recreational opportunities and environmental diversity to all Americans. At the same time, public lands create substantial costs in terms of infrastructure development and maintenance, much of which is borne by the counties and the states. These costs are particularly problematic for states with a large amount of federal acreage within their borders because federal land cannot be assessed to contribute to the state tax base.
The federal government recognized this problem in 1976 when it created the Payments in Lieu of Taxes (PILT) system, and in 1994 when Congress substantially increased its authorization. The PILT program gives counties a small payment per acre of federal land, which only partially offsets county costs of supporting federal lands in the county. In many cases, payments are inadequate to support the growth of recreation, travel and tourism on federal lands. Inadequate payments have strained some county budgets and undermined the intergovernmental partnership between counties, states and the federal government.
The National Conference of State Legislatures supports federal efforts to:
- reform the PILT program to create a more predictable, fair and flexible system that accurately reflects the fiscal effects of federal lands and state and local governments;
- provide full funding for the PILT program, provided that this goal is accomplished in a manner consistent with a balanced federal budget; and
- provide a more flexible payment system, NCSL supports authorization for the transfer of land of equivalent value from the federal government to counties in lieu of monetary payment, consistent with state statutes and practice. Clearly, such payments would only be appropriate in cases where the federal government, states and counties have been in close consultation and are in agreement on the terms of transfer.
August 2011
Low-Level Waste
Congress mandated that the states assume total responsibility for providing commercial low-level waste disposal capacity with the passage and enactment of the Low-Level Radioactive Waste Policy Act 1980 and the Low-Level Radioactive Waste Policy Amendments Act of 1985. These laws encouraged states to develop regional solutions to siting low-level radioactive waste disposal facilities. NCSL believes that states are best prepared to license and regulate low-level waste disposal facilities that operate within their borders in order to protect the health, safety and welfare of their citizens.
Since passage of the Low-Level Radioactive Waste Policy Act of 1980 and the Amendments Act of 1985, many changes have occurred in the low-level waste public policy arena-changes in the industries and institutions that create low-level waste, and changes in state efforts to pursue development of low-level radioactive waste disposal facilities.
State legislators have examined closely the market forces and new trends that have altered many state and compact perceptions of what is needed to efficiently manage low-level radioactive waste (LLRW) disposal. Legislators have identified the following reasons that many states and compacts have abandoned efforts to build disposal capacity:
- decreasing volumes of LLRW nationwide;
- continued access to operational disposal facilities; and
- the numerous barriers that hinder development of disposal facilities, including higher development costs than projected.
South Carolina hosts a disposal facility in Barnwell that accepts low-level waste from generators in every state. After June 30, 2008, however, acceptance will be limited to organizations located in the Atlantic Compact Region, which includes South Carolina, Connecticut, and New Jersey. Washington State hosts a disposal facility that accepts waste from generators in the Northwest Interstate Compact and the Rocky Mountain Compact. Utah has licensed a private sector facility that also is open to generators across the country for Class A and lower low-level radioactive waste. . Most states and compacts have slowed or stopped their work.
NCSL believes that the Low-Level Radioactive Waste Policy Act of 1980 and the Amendments Act of 1985, the federal laws which governs low-level radioactive waste management, no longer address adequately the conditions of the marketplace and state efforts to provide disposal for low-level waste.
NCSL urges Congress to review the Low-Level Radioactive Waste Policy Act and the Low-Level Waste Policy Amendments Act of 1985-especially Title II, the Omnibus Low-Level Radioactive Waste Interstate Compact Consent Act-to determine w
