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ASLA Advocacy11-02-23 | Association News

ASLA Advocacy

A Collection of the Legislation ASLA is Currently Advocating.
by Staff

ASLA's director of federal government affairs, Roxanne Blackwell, Hon. ASLA.

https://www.asla.org/GovernmentAffairs.aspx

The American Society of Landscape Architects (ASLA) advocacy efforts are guided by climate change, biodiversity, and resilience, sustainable design to mitigate safety and welfare. The list that follows is a collection of the legislation ASLA is currently advocating. All bills are accompanied by a description that is published by ASLA and then edited for space.

Green Infrastructure
Economic vitality, homeland security, quality of life, and natural ecosystems all rely on ample, clean water. Landscape architects help communities large and small manage their stormwater with innovative green infrastructure solutions, such as green roofs, rain gardens, bioswales, and pervious pavements. ASLA urges policymakers to support strategies that reduce stormwater runoff and improve our nation's water supply.
Waters of the United States
ASLA supports policies-like the Clean Water Act (CWA)-that protect our waters and communities nationwide and enhance environmental and public health, economic growth, and national security.

On May 25, 2023, in Sackett v. Environmental Protection Agency (2023) the Supreme Court held adjacent wetlands are only subject to CWA protections if it has a continuous surface connection with a WOTUS that is relatively permanent and connected to traditional interstate navigable waters such as a stream, ocean, river, or lake. Specifically, the court wrote that Clean Water Act jurisdiction extends only to wetlands that are "indistinguishable" from larger bodies of water by having a "continuous surface connection." The plaintiffs, Sackett, asserted the significant nexus test was inappropriate to consider a wetland as WOTUS and that the wetlands on their property are not WOTUS pursuant to the "relatively permanent" test in Rapanos. This ruling significantly weakens the CWA and will leave millions of acres of wetlands unprotected causing significant repercussions for water quality and flood control throughout the nation. For now, this ruling is the "law of the land," and supersedes previous court rulings, the agencies' actions, and congressional action.

In August 2023, EPA and USACE released a final rule amending the January 2023 definition of "waters of the United States" (WOTUS) to conform with the May 2023 United States Supreme Court's decision in Sackett v. EPA.

The Water Resources Development Act
The ASLA supports the Water Resources Development Act (WRDA) that promotes sustainable water infrastructure projects, that also address climate change impacts and environmental justice.

Both bills support USACE's water infrastructure projects, studies, and policies that address wastewater; stormwater runoff; flood control; sea-level rise; damaged shorelines and natural landscape protection; storm damage and extreme weather risks; open and recreational space preservation; ecosystem restoration; and nature-based solutions.

The Living Shorelines Act
ASLA supports legislation that protects coastal communities from risks to human health and safety, including damage to property, infrastructure, and ecosystems associated with climate change.

The measure would create two federal grant programs through the National Oceanic and Atmospheric Administration. The first program will assist states, localities, and NGOs in constructing living shorelines projects. The second program will provide federal research grants for the study of living shoreline development and effectiveness. Together, these programs will better protect coastal communities and ecosystems.

Clean Water State Revolving Funds
The ASLA supports legislation that increases funding and other resources for federal clean water programs, including the Clean Water State Revolving Fund (CWSRF).

On April 26, 2023,?Representative Nikema Williams (GA) reintroduced the Water Infrastructure Sustainability and Efficiency (WISE) Act. This measure would permanently reauthorize the Green Project Reserve and increase the minimum set aside for GPR projects to 20 percent.

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Water Infrastructure Improvement Act
ASLA supports legislation that will increase resources for and strengthen green infrastructure projects related to water projects such as dams, levees, and stormwater systems.

The bill also establishes, within the EPA's Office of the Administrator, an Office of the Municipal Ombudsman to provide technical assistance to municipalities to comply with federal water pollution and safe drinking water laws and to provide information about available federal financial assistance.

America Transportation Infrastructure Act
ASLA promotes legislation that advances active transportation while considering the safety of all users, use of natural infrastructure, and protection of the natural and built environments from the effects of climate change through resiliency.

The Senate Committee on the Environment and Public Works (EPW) held a markup of S. 2302 and passed it out of committee unanimously on July 30, 2019.

Complete Streets Act
ASLA promotes legislation that advances safe, accessible, integrated transportation networks for all users, regardless of age, income, ethnicity, or mode of transportation.

Complete Streets require roadways to be designed for pedestrians, bicyclists, public transit riders, motorists, and persons with disabilities so all have safe, convenient, and comfortable access to transportation options.

On July 31, 2019, the Senate Committee on Environment and Public Works unanimously passed passed S. 2302, America's Transportation Infrastructure Act (ATIA), out of committee. ATIA includes most of the Complete Streets Act, with revisions.

Transportation Alternatives Enhancement Act
ASLA promotes legislation that advances active transportation, including bicycle and pedestrian projects, and supports the enhancement of the Federal Highway Administration's Transportation Alternatives program.

This advocates active transportation such as bicycle and pedestrian project while advancing the Federal Highway Administration's Transportation Alternatives program. This legislation would increase funding for the TA program to approximately $1.2 billion. The bill would allow local communities greater access to the program by having states utilize 34 percent of their TA funding for the state-run grant program and distributing 66 percent of TA funding to local communities.

Reviving America's Scenic Byways Act
ASLA supports the National Scenic Byways Program to recognize, protect, and promote selected roads throughout the United States.

The Reviving America's Scenic Byways Act of 2019 directs the U.S. Secretary of Transportation to request nominations for roads to be designated under the National Scenic Byways Program. The secretary is also responsible for determining which roads receive certain designations.

African-American Burial Grounds Preservation Act
ASLA supports legislation that helps to identify and protect historic and cultural sites and landscapes of national, regional, and local significance, including African American burial sites. In 2022, the act was introduced and subsequently enacted. It authorizes the National Parks Service to initiatives designed to identify, interpret, research, preserve, and record African-American burial grounds that have been left unmarked, previously abandoned, or underserved. Grant funding is also allocated and will total $3 million annually between 2023-27.

Great American Outdoors Act
ASLA supports legislation that addresses the deferred maintenance backlog of national parks and other public lands across the country as well as the full, permanent funding of the Land and Water Conservation Fund (LWCF).
The Great American Outdoors Act would require Congress to permanently fund LWCF at $900 million annually. It would also create the National Parks and Public Lands Legacy Restorations Fund. This fund would receive 50 percent of all energy development revenues not allocated to LWCF equaling up to $1.9 billion a year for 5 years.

Outdoors for All Act
ASLA believes that all persons should have equitable access to a healthy environment in which to live, work, and learn. The Outdoors for All Act seeks to address the lack of adequate recreation space in underserved communities. The bill would help fund projects for new parks, renovation, and development. In February 2023, S. 448 was reintroduced in the Senate and House.

Public School Green Rooftop Program Act
ASLA believes the skillful use of vegetation in built environments is integral to the quality of life, sustainability, and resiliency. On June 21, 2023, Representative Nydia M. Velazquez (NY) reintroduced H.R. 4270, the Public School Green Rooftop Program Act. Specifically, the measure allow grants for green roofs at public schools, additional funding for up to five years for the maintenance of the green roof, prioritizes projects for public schools that serve low-income and high-pollution neighborhoods, meet performance standards for green roofs, and the role of landscape architects as leaders in green roofs.

Recovering America's Wildlife Act
On March 30, 2023, Senators Martin Heinrich (NM) and Thom Tillis (NC) announced the reintroduction of the Recovering America's Wildlife Act. Recovering America's Wildlife Act will provide state and territorial wildlife agencies with $1.3 billion in annual funding to implement their Wildlife Action Plans.

Living Schoolyards Act
ASLA encourages creative planning, design, construction, and management of the natural and built environment that promotes active lifestyles, fosters social interaction, mitigates the impacts of the climate and biodiversity crises, addresses environmental justice, improves contact with nature, and more.

On May 10, 2023, Senator Martin Heinrich (NM) reintroduced S.1538, the Living Schoolyards Act. This measure would help transform elementary and secondary schools' outdoor spaces into living schoolyards and outdoor learning environments. The Living Schoolyards Act will help to ensure students across the country have equitable access to nature in their schoolyards.

Environmental Justice for All Act
ASLA encourages policies and practices that proactively recognize and equitably address the needs and concerns of underserved populations. The act would create new federal opportunities that landscape architects can access to help create outdoor recreation spaces in underserved communities.

On March 22, 2023, the Environmental Justice for All Act was reintroduced in the House as H.R.1705 and referred to the Subcommittee on Water Resources and Environment and was reintroduced in the Senate as S.919 and referred to the Committee on Environment and Public Works.

Excess Urban Heat Mitigation Act
On April 27, 2023, Representative Ruben Gallego (AZ), with Representative Watson Coleman (NJ), reintroduced H.R. 2945, the Excess Urban Heat Mitigation Act of 2023. A Senate version of the bill, S. 1379 was reintroduced by Senator Sherrod Brown on April 27, 2023, through targeted advocacy efforts of the ASLA Ohio Chapter.

This bill would help bring proven solutions to communities nationwide. Specifically, the measure would establish a grant program to provide communities with access to solutions that help mitigate some of the impacts of climate-induced high temperatures, including green roofs, tree planting, bus and transit shelters, and other cooling techniques.

Licensure Advocacy
The ASLA believes that the licensure of the practice of landscape architecture in every state, the District of Columbia, and U.S. territories is essential to protect the public health, safety, and welfare. Licensure includes a STEM focused education that focuses study in the natural and physical sciences, engineering and environmental studies, design principles, urban planning, and more.
The practice of landscape architecture should only be performed by, and the titles "landscape architect" and "landscape architectural" should only be used by, licensed individuals as defined, titled, and governed by enacted licensure requirements.

Filed Under: ASLA, ADVOCACY, 2023, LEGISLATION, LASN
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