The Outdoor Power Equipment Institute has been working diligently over the past couple of years to educate consumers about the dangers of E-15 and 2015 will be no different.

Legislation can often hinder or help the work of landscape businesses; as such it is important to stay current with the bills being presented to Congress. LC/DBM recently spoke with associations and their government affairs directors to see what challenges 2015 may have to offer. And although the legislative outlook is still uncertain, many associations have an idea of what is to be expected. Issues include: H-2B, pesticide bans, water concerns, and much more.

John Farner, director of government affairs for the IA, and his team are preparing for the legislative sessions to begin this month, which will give them a better idea of what the issues at hand will be. He had this to say, "We are anticipating seeing what types of legislation are introduced on the environmental/business, or the business side that would affect irrigation contractors and the industry. What we are looking at in the West, particularly in California, Nevada and Arizona, is how states are going to deal with drought management."

Another important topic for the IA is state licensing. Currently in Florida licensing is voluntary, however there has been a discussion about making this mandatory. As such, the IA will be keeping an eye on this as it progresses. Farner stressed that it is not the goal of the IA to make licensing mandatory in every state, but rather to make sure the system, whatever it may be, works for that state.


The Outdoor Power Equipment Institute has been working diligently over the past couple of years to educate consumers about the dangers E-15 poses to small engines, and making it known to lawmakers that although the Renewable Fuel Standard was developed with good intentions, it does not work in favor of the small engine equipment industry.

Although OPEI has gained support from other industry associations, including the National Marine Manufacturers Association and the American Automobile Association, Kris Kiser, president of OPEI, seems to be the one leading the pack in this battle against the EPA. In a recent interview, Kiser, known for his "Look Before You Pump' campaign, said, "The problem remains in place, it's a complicated law and it will take congress to fix it." Kiser is hoping that "new' Congress will reform this law.


In the coming year, the ICPI will continue to support the passage of a new U.S. transportation bill, which will increase research and demonstration projects for permeable pavements for government use at local and national levels. In regard to regulations, they will continue to participate in the Construction Industry Safety Coalition and the ACC Silica Panel to defeat the currently proposed changes to OSHA's silica regulation. ICPI is also planning to develop a safety program template to assist concrete paver contractors to support a safe workplace for their workers.

Several other projects important to ICPI's direction for 2015 include a redesigned website to make it easier for specifiers, contractors and members to find technical resources, an ASCE/ANSI national standard on PICP design, as well as construction and maintenance of ASTM-published Product Category Rules for segmental concrete paving products. Lastly, they will be developing guidelines for Life Cycle Assessment and Environmental Product Declarations for segmental concrete pavement systems.

Protection of pollinators hit an all-time high after a tree care company in Oregon sprayed neonicotinoid pesticides on flowering linden trees last June. Since then President Obama has asked agencies to submit plans on how to increase pollinators, as well as a plan to control the negative impacts on pollinators.

Late last year the Scientific Advisory Board (SAB) released its review of the EPA Report, "Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence." As such, an extension was granted for the comment period on the proposed rule to change the definition of "Waters of the U.S." It is expected that a definition will be released in the spring.

PLANET is currently asking Congress to prohibit the Department of Labor from implementing any new H-2B wage rule that does not preserve an employer's right to use private wage surveys.

In the coming year, the ICPI will continue to support the passage of a new U.S. transportation bill, which will increase research and demonstration projects for permeable pavements for government use at local and national levels.

Although the NAHB is on board with the recently Senate approved Tax Extenders bill, they wish that a longer term had been reached.

The NAHB supports many of the one-year extensions of the set of tax policies known as "tax extenders" that the Senate approved recently. These include the Tax Credit for Energy Efficient New Homes, which provides builders a $2,000 tax credit for exceeding energy standards based on the 2006 International Energy Conservation Code and its supplements, by 50 percent. The work must have been performed in 2014. Another tax extension that landscape professionals can take advantage of is Section 179 Small Business Expensing, which increases the maximum expensing amount for property placed in service in 2014. The amount is $500,000 on up to $2 million worth of qualified property. Many of the other extensions will give homeowners extra revenue, which could be spent on landscape improvements in 2015.


The Professional Landcare Network is working on several important issues, however these are at the forefront – Waters of the U.S., pollinator legislation and H-2B.

Waters of the U.S. - Late last year the Scientific Advisory Board released its review of the EPA Report, "Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence," which resulted in an extended comment period on the proposed rule to change the definition of "Waters of the U.S." It is expected that a definition will be released in the spring.

Pollinator Legislation - Last year during National Pollinator Week, an Oregon tree care company sprayed neonicotinoid pesticides on flowering linden trees, which caused a significant number of bee deaths. As a result, national attention was brought to this type of pesticide, which is now being banned in several states. The EPA also came out with new bee labeling for this type of pesticide and President Obama jumped on board with a demand for agencies to submit plans on how to increase pollinators, as well as a plan to control the negative impacts on pollinators.

While the landscape industry supports pollinator health, they also depend on neonicotinoid pesticides to perform their work. These pesticides are used to treat Emerald Ash Borer, which to date has killed tens of millions of trees, as well as grubs in turf. PLANET will continue to educate about the need for neonicotinods, but is also currently working with pesticide regulators to come up with BMPs.They are also encouraging the use of more pollinator friendly plants.

H-2B/Immigration & ACA - There are many issues with H-2B, however PLANET is currently asking Congress to:

• Prohibit the Department of Labor from implementing any new H-2B wage rule that does not preserve an employer's right to use private wage surveys.
• Allow employers to bring H-2B workers into the United States on "staggered schedules" as they ramp up or wind down for the season.
• Reinstate the H-2B returning worker exemption.

Don't miss PLANET's Legislative Day on the Hill; it is scheduled for July 19–21.