Home > Government Affairs > Legislative Updates

Legislative Updates

PLANET monitors federal and state legislation and provides timely updates on pertinent legislation to members. In addition to quarterly updates, PLANET periodically alerts members to timely legislation that affects their day-to-day operations.

Legislative Alerts

December 19, 2011

H-2B Update - Awaiting the President to sign bill that will prohibit the implementation of the Department of Labor's (DOL's) H-2B wage rule for the remainder of fiscal year 2012

President Obama will soon sign into law a bill that will prohibit the implementation of the Department of Labor's (DOL's) H-2B wage rule for the remainder of fiscal year 2012, which runs through September 30, 2012. The language blocking the wage rule was part of a massive spending package that passed the House on Friday and the Senate on Saturday. In addition to being a plaintiff in ongoing litigation to block the wage rule, PLANET has been encouraging Congress to stop the DOL from implementing the rule. Thanks to all of our members who reached out to their elected officials and contributed to this success.

In addition to the congressional action, PLANET remains hopeful for a positive decision in our Florida lawsuit asking the federal court to block the implementation of the wage rule. In two positive decisions, the judge recently rejected motions by a labor organization to intervene in the case and by the Department of Justice to transfer the case to a Pennsylvania court. While we had expected a final decision in the case by the end of the month, the recent congressional activity will likely delay the final decision in the case. A judge in a separate H-2B lawsuit filed in Louisiana recently transferred the case to Pennsylvania.

PLANET will continue to be a leader in the fight against harmful H-2B rules that will make the program more expensive and complicated for landscape contractors. We will continue to work with Congress and through the court to fight the implementation of the wage rule beyond this fiscal year. We are also continuing to advocate against a March 18 H-2B proposed rule that we expect the DOL to release in final form in the next few weeks.

Thank you to everyone who contacted their members of Congress, urging them to block the wage rule. Those calls and letters were instrumental in this victory. To ensure the DOL is not successful in making the H-2B program unusable, when you contact your members of Congress to thank them for blocking the wage rule, also ask that they prevent the other H-2B rule from going into effect.


December 12, 2011

Request for Comments to Support EPA WaterSense Notification of Intent

On October 25, the EPA WaterSense office released a notification of intent announcing proposed changes to the single-family new home specification — including the proposed removal of the 40 percent turfgrass restriction as an option for landscape design. To view the full notification of intent, visit http://www.epa.gov/watersense/docs/NH_modification_NOI-final_508.pdf.

We have worked for years, gathering comments from the industry and making calls on Congress, to have this specification removed. Of course, we support this decision and look forward to working with other interested associations and groups to improve the remaining Water Budget Tool.

Here’s your chance to do something, right now, to help further the cause. The notification of intent is currently open for public comment until December 21, 2011. Below, you will find suggested responses to the WaterSense questions related to landscape design. We urge all members to submit comments to the EPA regarding the proposed changes to the WaterSense single-family, new home specification to watersense-homes@erg.com by December 21. For more information, contact Tom Delaney, or call the PLANET office at (800) 395-2522.

WaterSense Questions/Suggested Responses

WaterSense QuestionWhich products or criteria mentioned here or in the specification differ substantially between single-family and multi-family dwellings?

Suggested Response: Landscape design of a multifamily dwelling, unlike single-family homes, is usually performed (and sometimes required to be performed) by a landscape designer or landscape architect.

The installation of a multifamily dwelling, unlike single-family homes, is usually performed (and sometimes required to be performed) by a landscape contractor.

The multifamily dwelling specification should take these factors into account, as landscape design and installation are performed differently for a single-family new home landscape design/build/installation process.

WaterSense Question: Is the Water Budget Tool sufficient as the sole option for meeting the landscape design criteria?

Suggested Response:
The use of water budgets has proven to be a very successful management tool when determining the water-use requirements of a landscape; taking into account local data such as rainfall, ET, and other locally derived climatologic factors.

Landscape design based on the WaterSense Water Budget Tool allows local landscape experts to design a landscape using climate appropriate plantings that creatively meets the needs of the family living in the home and the neighborhood, thus enhancing its marketability.

Builders, landscape design professionals, irrigation professionals, and property owners will all benefit from the appropriate use of the Water Budget Tool’s single-family new home specification to provide a water-efficient outdoor environment over a one-size-fits-all approach.

Having a single option of using the Water Budget Tool facilitates training of builders and irrigation professionals, minimizing confusion when multiple options are presented.

WaterSense Question: Do you have any suggestions on how we could make the online Water Budget Tool more user-friendly?

Suggested Response: The beta version of the Water Budget Tool works nicely and is less intimidating than the Excel spreadsheet. Suggested improvements regarding the irrigation options are as follows:

For turfgrass irrigation: Fixed spray; rotor (needs to be added as a choice); drip (pressure compensating), which would allow for the use of subsurface drip irrigation if chosen, and micro-irrigation, which includes micro-sprays, micro-bubblers, micro-streams, and standard drip which non-pressure compensating, etc.; and no irrigation. Very little “drip” irrigation used in landscape applications is not pressure compensating, and the difference in water requirement between drip (standard) and micro sprays is exactly the same. Fewer categories that are unique would make it more relevant to the marketplace and easier to choose an irrigation method.

For the other plantings: Irrigation choices for other plantings, such as trees, shrubs, ground covers, etc., could likewise be simplified to drip (pressure compensating) and micro-irrigation, as described above, and no irrigation. In addition, it would be nice to have a simple “drop-down” explanation or description of the irrigation terms for those not familiar with the industry’s terminology.

WaterSense Question: Is a simple option similar to Option 2 still required? If so, what should it be?

Suggested Response: Appropriate landscape and irrigation design and installation are complex and should be treated as such. Just trying an easy approach is not an appropriate solution to something that is as important as landscape plant-material choice and irrigation design and installation.

The Water Budget Tool is a user-friendly way to afford builders and landscape design professionals the opportunity to determine appropriate landscape plant material, based on local variables.

WaterSense Question: What parties are typically responsible for landscape design for multifamily buildings? What are the standard practices?

Suggested Response: Unlike single-family new homes, multifamily buildings use and/or require a professionally designed and installed landscape by either a landscape designer or landscape architect and a landscape contractor.

The use of the Water Budget Tool is appropriate for both single-family homes and multifamily units.

October 18, 2011

On October 12, Reps. Rodney Alexander (R-La.), Rob Wittman (R-Va.), Charles Boustany (R-La.) and Andy Harris (R-Md.) introduced legislation (H.R. 3162) that would prohibit the Department of Labor (DOL) from implementing the H-2B wage rule and finalizing the H-2B proposed rule. We need Congress to send DOL a strong message about the severe economic impacts associated with both rules by garnering numerous cosponsors of this legislation. 

Please call your U.S. representative today and ask him or her to cosponsor this legislation. Please also call your two senators and tell them your concerns with the DOL regulations and ask them to consider introducing legislation similar to H.R. 3162. You can reach them through the U.S. Capitol switchboard at (202) 225-3121. Ask to speak to the staff person who handles immigration issues. Tell him or her about the importance of the H-2B program to your business and the community you serve. Tell them what the rules mean to your company and to your American workers. Also, go to PLANET’s Legislative Action Center and send the letters added for this purpose. http://www.congressweb.com/cweb2/index.cfm/siteid/PLN/action/TakeAction.Contact/lettergroupid/79

“The Read About This Issue” section in our Legislative Action Center will have the H.R. 3162 bill and the “Dear Colleague” letter that was sent to all House members.

Late last month, the DOL delayed the implementation of the wage rule from September 30 to November 30. In issuing the delay, the DOL cited the H-2B lawsuit brought by PLANET, the National Hispanic Landscape Alliance, some individual landscape companies, and other allies. We expect the judge to issue a ruling in that case shortly. The delay followed the September 21 Senate Appropriations Committee passage of a 2012 funding bill that would prevent the DOL from enforcing the wage rule. A draft bill released by the House Appropriations Committee would prohibit the DOL from implementing both the wage rule and the proposed rule. While the delay is helpful, we need to continue to fight these rules in Congress and in the courts. 

Congress is not expected to act on appropriations legislation until late this year. We need to compel Congress to pass legislation prohibiting the DOL from implementing the wage rule prior to November 30. We also need to prevent the DOL from finalizing the proposed rule. Please call you senators and members of Congress today and ask them to cosponsor H.R. 3162.

July 29, 2011

Your Help is Needed Immediately to Save the H-2B Program!

Thanks to all the PLANET members who spent time during the Legislative Day on the Hill talking to their elected officials about the H-2B program. Several Senators and Members of Congress are now more aware of the harm that the Department of Labor’s H-2B rules will pose for landscape contractors and other seasonal businesses. A bipartisan group of Senators and Representatives are planning to send a letter to DOL asking the Department to rescind both the final H-2B wage rule and the March 18 H-2B proposed rule! Please call your Senators and Member of Congress today and ask them to sign this letter that is being circulated by Rep. Rob Wittman (R-VA).

This letter to DOL will be a bipartisan letter signed by both Senators and Congressmen. You can reach your Senators and Members of Congress by calling the Capitol switch board at 202-225-3121. Ask for your Senator or Representative’s office. Once connected to the office ask to speak to the staff person in charge on immigration issues. Explain the importance of the H-2B program to your industry or your business. Please ask that the Senator or Representative sign the letter. The deadline to sign on is August 5. Congress is getting ready to adjourn for the August recess, so please call immediately.

A final DOL rule slated to go into effect around October 1, 2011 will artificially increase H-2B hourly wages by more than 50 percent. According to DOL’s own estimates, the rule will increase H-2B wages for landscaping services by about $3.60 per hour. The actual cost to H-2B users could be far greater than DOL’s estimates because DOL does not account for labor increases for similarly employed American workers or more experienced American workers whose pay should reflect the greater skill or experience level and be proportional to the hourly wage earned by lesser skilled workers. It also does not include additional payroll costs, workers compensation insurance, overtime costs and other associated increases.

A second DOL proposed rule, published in the March 18, 2011 Federal Register, would make the program even more expensive and complicated to use. For example, the rule would require employers to hire any qualified U.S. worker up to three days before the H-2B worker is scheduled to begin, even though the employer has already offered the job to the H-2B worker, assisted with the visa process and paid transportation, housing and other associated fees. The proposed rule would also involve labor unions in the hiring process and require employers to pay transportation and subsistence costs for potential U.S. workers. A brief explanation of the DOL rules can be found here.

Please call your Senators and Member of Congress today and ask them to the sign the letter! If any Senators or Members of Congress want to sign the letter or have any questions, they can contact Brent Robinson in Rep. Robert Wittman’s office at brent.robinson@mail.house.gov. Details can be found in the “dear colleague” letter.

July 1, 2011

Federal court rules new H-2B Wage Rule, effective October 1, 2011

On June 15, 2011, the U.S. District Court for the Eastern District of Pennsylvania issued a ruling that invalidated the January 1, 2012, effective date of the Wage Rule and ordered the Department of Labor (DOL) to announce a new effective date for the rule within 45 days from June 15. The basis for the court’s ruling was twofold: (1) that the almost one-year delay in the effective date was not a “logical outgrowth” of the proposed rule, and therefore was in violation; and (2) that the DOL was wrong in considering hardship to employers when deciding to delay the effective date.

The DOL proposes that the Wage Rule take effect 60 days from the date of publication of a final rule resulting from this rulemaking. It anticipates the date of publication of the final rule to be on or about August 1, 2011; thus, the effective date of the Wage Rule would be on or about October 1, 2011. The Wage Rule will be effective for wages paid to H-2B workers and U.S. workers recruited in connection with an H-2B labor certification for all work performed on or after the new effective date. A 60-day delayed effective date also would provide the Office of Foreign Labor Certification (OFLC) within the DOL with the time it needs to implement the wage rule, as the OFLC must issue new prevailing wages for approved work performed on or after the new effective date.

In order to accomplish this, the OFLC must identify all certified H-2B applications that contain dates of work to be performed on and after the new effective date of the Wage Rule. This universe of certifications must then be issued new prevailing wage determinations in accordance with the Wage Rule’s methodology. This is a labor-intensive activity, as the OFLC will have to determine and issue the new determinations before the new effective date proposed in this rulemaking for each of these employers. OFLC has determined the universe of applications to be large, and therefore will require the 60-day delayed effective date in order to complete this task.

Last year, PLANET sent more than 3,500 postcards to all users of the H-2B program, asking them to contact their members of Congress through the PLANET Web site. We were very disappointed with the response. The simple fact is that if you do not contact your representative and senators, they will not do anything to help.

PLANET continues to work with other associations representing industries that rely on the program. However, our industry is the biggest user of the program and must therefore take the major part of the grassroots action. If PLANET members do not use PLANET’s Legislative Action Center to send letters to the Hill, this program may be rendered completely useless for the foreseeable future. We also encourage you to attend Legislative Day on the Hill and go with other members of your state to the Hill with request for help.

Tom Delaney
Director of Government Affairs
Professional Landcare Network (PLANET)
(800) 395-2522

June 17, 2011

Possible DuPont™ Imprelis™ Herbicide Injury to Evergreens

PLANET members in several states have reported injury to some spruce and pine trees following application of DuPont™ Imprelis™ (aminocyclopyrachlor) turfgrass herbicide. Damaged trees have symptoms, such as curling and twisting of new growth, consistent with growth regulator type herbicides.

DuPont is in the process of investigating the issue and their initial conclusions indicate that in most cases, where an injury was reported, Imprelis™ was applied in combination with other pre- or post-emergent herbicides or liquid fertilizer. It has been said that most Imprelis™ applications have not resulted in damage to spruce or pine, but obviously cases of damage cause alarm when dealing with a newly released herbicide.

As a precaution and until it can more fully understand the circumstance, DuPont advises to not apply Imprelis™ "where Norway Spruce or White Pine are present on, or in close proximity to, the property to be treated." Furthermore, DuPont advises, "when applying Imprelis™, be careful that no spray treatment, drift, or runoff occurs that could make contact with trees, shrubs, and other desirable plants, and stay well away from exposed roots and the root zone of trees and shrubs. Consult a certified arborist if you are uncertain about the root zone of specific tree species." The reported cases indicate that this may not be a simple herbicide drift issue but rather be from root uptake. If that is the case, it would be critical to keep applications away from the root zones of non-target trees and ornamentals.

In a letter to some applicators, DuPont states: "In many geographies, environmental conditions over the past few years have stressed trees, particularly spruces. We have observed unfavorable symptoms in trees on properties that have not been treated with an herbicide. Good growing conditions and appropriate care to minimize stress will enable many trees experiencing signs of stress to recover and return to good health."

As always, with any pesticide application, make sure to read and follow label directions.

Tom Delaney
Director of Government Affairs
Professional Landcare Network (PLANET)
(800) 395-2522

April 19, 2011

H2B Alert

It appears that the Department of Labor will be successful in ending the H-2B program! If the new hourly wages you will be required to pay H-2B workers on January 1, 2012 do not cause you to abandon the program, then the new proposed changes will.

PLANET and the H-2B Work Force Coalition have hired an expert to do a complete analysis of the proposal so that they can submit comments by the May 17, 2011 due date. The proposal would include some of the following:

  • Define temporary as less than nine months and eliminate the attestation process.
  • Require a registration process to substantiate the need for temporary workers.
  • In addition to the registration process, employers must file an Application for Temporary Employment Certification 75–90 days before the date of need for workers.
  • Job orders must be listed with the State Workforce Agency and in the unionized industries with the appropriate labor union until three days before the H-2B workers are expected to start work. Jobs must also be posted on an electronic job registry. Jobs must be offered to qualified U.S. workers who apply for the position up to three days before the H-2B workers are scheduled to begin work. If applicable, the collective bargaining representative must also be notified of the job posting. Available jobs must also be posted at the employer’s place of business for up to 10 days. The certifying officer can also require additional recruitment measures.
  • During the recruitment period, employers must contact former U.S. employees and labor unions of traditionally unionized industries and notify them of the job listing.
  • Employers must advertise in a newspaper of general circulation in the area on two separate days, including a Sunday. The ad must include wages, information about the ¾ guarantee, wages and transportation costs to be paid, and the fact that any needed tools or equipment will be provided.
  • Employers must guarantee that workers will be paid for ¾ of the hours discussed in the contract.
  • Employers are require to pay H-2B workers inbound and outbound transportation costs, subsistence costs, visa, and other costs. This requirement also applies to U.S. workers who do not live near the place of employment. If lodging is provided for H-2B workers, the same lodging must be provided for U.S. workers who do not live near the workplace.
  • The H-2B workers must be given full-time work, defined as more than 35 hours per week.
  • Workers must be paid every two weeks or in accordance with the prevailing practice in the area.
  • The job qualifications and requirements listed in the job offer must be bona fide and consistent with those required by employers that do not use H-2B workers for the same or comparable occupations.
  • As part of increased program enforcement, the proposed rule would give DOL’s Wage and Hour Division independent debarment authority.

The simple fact is that if you do not contact your representative and senators, they will not do anything to help. PLANET is working with other associations representing industries that rely on the program. However, our industry is the biggest user of the program and must therefore take the major part of grassroots action. Use PLANET’s Legislative Action Center to send letters to the Hill. Contact Tom Delaney with questions.

March 8, 2011

Ask Your Legislators to Support H.R. 872, the "Reducing Regulatory Burdens Act of 2011"

Under a 6th U.S. Circuit Court of Appeals order in National Cotton Council v. EPA, National Pollutant Discharge Elimination System Permits (NPDES) permits will be required for pesticide applications to, over, or near water beginning April 9, 2011. These Clean Water Act permits are intended to regulate pollution discharges from factories and are not appropriate for pesticide applications. While the initial permit requirements relate primarily to applications of pesticides to or around water, the Clean Water Act’s citizen action provisions could leave terrestrial pesticide applicators vulnerable to lawsuits.

On March 3, the Environmental Protection Agency (EPA) asked the court to delay the April 9 deadline to October 31, 2011. The court has yet to rule on the measure. Even if the extension is granted, congressional action is still needed to specify that NPDES permits should not be required for any pesticide applications.

On Tuesday, the House Transportation and Infrastructure Water Resources and Environment Subcommittee Chair Gibbs (R-Ohio), House Agriculture Horticulture and Nutrition Subcommittee Chair Schmidt (R-Ohio), and Ranking Member Baca (D-Calif.) introduced the “Reducing Regulatory Burdens Act of 2011” (H.R. 872). The legislation would clarify that Clean Water Act permits are not required for applications of EPA-registered pesticides. House Transportation and Infrastructure Committee Chairman Mica (R-Fla.), House Agriculture Committee Chairman Lucas (R-Okla.), and House Agriculture Committee Ranking Member Peterson (D-Minn.) joined the subcommittee leaders in cosponsoring the legislation, as did Reps. Boswell (D-Iowa), Cardoza (D-Calif.), Costa (D-Calif.), Crawford (R-Ariz.), Graves (R-Mo.), Herger (R-Calif.), Holden (D-Pa.), Kissell (D-N.C.), Neugebauer (R-Texas), Owens (D-N.Y.), Rooney (R-Fla.), Ross (D-Ariz.), Sablan (D-MP), Shilling (R-Ill.), Simpson (R-Idaho), and Tipton (R-Colo.).

PLANET strongly supports H.R. 872. We urge you to write to your member of Congress and senators, and ask them to support H.R. 872 by clicking here. Also, call your member of Congress at (202) 225-3121. Ask to speak to the staff person who deals with agriculture issues, in your representative’s office and tell them to encourage the legislator to cosponsor H.R. 872.

Whether or not you use pesticides, it is important to contact your representative and senators about this issue because it will have a ripple effect throughout the lawn care and landscape industry and sets a bad precedent. They need to learn who you are and what business you are in. Feel free to customize the letters.

November 12, 2010

Copy of ANLA-PLANET joint comments on the Department of Labor’s proposed - Wage Methodology for the Temporary Non-Agricultural Employment H–2B Program.

October 25, 2010

Proposed H-2B Regulation Will Increase Worker Wages: Your Input Needed by November 4!

On October 5, the Department of Labor (DOL) issued a proposed regulation that would change the wage methodology the DOL uses to calculate H-2B prevailing wages and result in much higher wages for your workers. The DOL is accepting comments on the proposed rule until November 4, and it is essential that it hears the landscape industry’s concerns about this proposal. We need to send the DOL a strong message that we oppose dramatic increases in worker wages, especially in today’s tough economy. In addition to this proposal, later this year the, DOL still anticipates releasing another proposed rule that addresses other aspects of the H-2B program.

In developing prevailing wage estimates, the DOL currently bases prevailing wage determinations on four tiers that link skill levels to Occupational Employment Statistics (OES) wage surveys. The proposed rule would eliminate the use of the four-tiered wage structure and instead require that the arithmetic mean of the OES wage rates be used to calculate the prevailing wage. The proposed rule would also eliminate the option for employers to use private wage surveys to determine wages. The DOL estimates that this change in methodology will increase hourly wages for landscaping services by $3.60. This estimate is extremely conservative because it does not account for the resulting increases in pay to your American workforce and other additional expenses associated with the higher payroll charges.

Click here for a draft copy of a letter that outlines your concerns about the proposed regulations to the DOL. Please personalize this letter and submit it to the DOL through regulations.gov before November 4. You may want to include information about how many H-2B workers you currently use or how difficult it is to recruit American workers.

To submit your comments, please follow these steps:

  1. Go to regulations.gov.
  2. On the main screen, there is an option to search by key word. Enter 1205-AB61.This search term should bring up a docket of all of the comments submitted to the DOL.
  3. Under the first comment that comes up, click on "submit and comment." A form will open.
  4. Check the box that says "Comment directly on proposed rule." Then, complete the form. You can put your comment on that form, or save the comment on your letterhead and attach the document to the form by following the prompts provided.
  5. Click "submit" to file your comment.

Thank you very much for doing your part to fight this proposed regulation. If you have any questions, please send an e-mail to Tom Delaney or call him at (770) 925-7113.

October 6, 2010

U.S. Labor Department issues proposed rulemaking revising wage calculations for H-2B program

Yesterday, October 5, the Department of Labor (DOL) issued a proposed rule that would change the wage methodology the DOL uses to calculate H-2B prevailing wages. This proposal would significantly raise costs for employers who use the H-2B program.

According to the DOL, it issued the rule to respond to an August 30 ruling by the U.S. District Court for the Eastern District of Pennsylvania in Comité de Apoyo a los Trabajadores (CATA) v. Solis that ordered it, within 120 days, to promulgate new rules concerning the H-2B prevailing wage calculation. The DOL also says in the proposed rule that the "Department has grown increasingly concerned that the current calculation method does not adequately reflect the appropriate wage necessary to ensure that U.S. workers are not adversely affected by the employment of H-2B workers."

In developing prevailing wage estimates, DOL currently bases prevailing wage determinations on four tier levels that link skill levels to Occupational Employment Statistics (OES) wage surveys. The proposed rule would eliminate the use of the four-tiered wage structure and instead require that the arithmetic mean of the OES wage rates be used to calculate the prevailing wage. The proposed rule would also eliminate the option for employers to use private wage surveys to determine wages. The DOL estimates that this change in methodology will increase hourly wages for landscaping services by $3.60 from what you are required to pay now.

Comments on the proposal are due to the DOL by November 4. In addition, the DOL still anticipates developing proposed rules that address other aspects of the H-2B programs.

PLANET is preparing comments on the proposed rule and is completing a more detailed analysis of the impact on the landscape industry. We are also working with the H-2B Workforce Coalition to coordinate comments and to develop a strategy to fight these costly changes. The Small Business Administration Office of Advocacy is also helping because of its pending impact on small business. In addition, we expect the data in the economic survey conducted by the U.S. Chamber of Commerce and Immigration Works USA (a survey many of you participated in) to help provide the DOL with some valuable information about the industry's need for the H-2B program.

From the Hill

Each month PLANET's own Director of Government Affairs, Tom Delaney, reports on federal government legislation and regulations and promotes proactive member participation on federal and state levels.

The ripple effect

Quarterly Legislative Updates

Quarterly Legislative Update — December 2011

Read the Quarterly Legislative Update for December 2011. Topics this quarter include:

  • EPA WaterSense program and the ICC Green Building Code
  • State fertilizer (nutrient) requirements
  • Pesticide restrictions

12/09/11

Quarterly Legislative Update — April 2011

Read the Quarterly Legislative Update for April 2011. Topics this quarter include:

  • Small Business Environmental Assistance Bill
  • H-2B wage methodology rule
  • NPDES permits for pesticide applications

04/12/11

Quarterly Legislative Update — October 2010

Read the Quarterly Legislative Update for October 2010. Topics this quarter include:

  • Chesapeake Bay TMDLs may have the biggest impact in history on lawn care applications
  • The International Green Construction Code (IGCC)
  • It looks like Congress may address Comprehensive Immigration Reform in 2011

10/08/10

Quarterly Legislative Update — June 2010

Read the Quarterly Legislative Update for June 2010. Topics this quarter include:

  • Stormwater Runoff
  • Clean Water Act
  • Pesticide Regulation

6/10/10

Quarterly Legislative Update — February 2010

Read the Quarterly Legislative Update for for February 2010. Topics this quarter include:

  • Small Business Environmental Assistance Bill
  • Comprehensive Immigration Reform (CIR) and H-2B
  • Health Care
  • Employee Free Choice Act
  • Pesticide Regulation

3/1/10

Quarterly Legislative Update — November 2009

Read the Quarterly Legislative Update for for November 2009.  Topics this quarter include:

  • H-2B
  • Clean Water Act
  • Chesapeake Bay Protection and Restoration Executive Order
  • WaterSense
  • Toxic Substances Control Act (TSCA) Reform
  • Employee Free Choice Act

11/9/09

Quarterly Legislative Update — August 2009

Read the Quarterly Legislative Update for August 2009. Topics this quarter include:

  • H-2B Update
  • Health Care
  • Clean Water Act Regulation
  • WaterSense
  • Florida Senate Bill 494 passes with the governor’s signature
  • Ohio and School IPM
  • New York Assembly Bill 7937 passes

8/5/09

Quarterly Legislative Update — May 2009

Read the Quarterly Legislative Update for May 2009. Topics this quarter include:

  • EPA's Endangered Species Act
  • EPA's New WaterSense Specifications
  • Clean Air Act
  • U.S. House Bill 2222, the Green Communities Act
  • DOJ Investigates Complaints Against Virginia and Maryland H-2B Employers

5/26/09

The Employee Free Choice Act (EFCA) of 2009

PLANET MEMBERS NEED TO TAKE ACTION NOW!

Congress has launched an all-out assault on the use of private ballots in elections to decide whether or not a worker wants to join a union. Approximately 80 percent of union elections conducted by the National Labor Relations Board (NLRB) are for work groups (“bargaining units”) of 50 or fewer employees.

The Employee Free Choice Act (EFCA) of 2009 was introduced on March 10, 2009, by Rep. George Miller (D-Calif.) with 222 cosponsors in the House (H.R.1409) and by Sen. Ted Kennedy (D-Mass.) with 39 cosponsors in the Senate (S. 560). Before this bill gets voted on, your members of Congress need to hear from you, now!

PLANET's attorney Richard Lehr says if EFCA becomes law most PLANET member companies could end up with a union based on one day of card check signing. Currently, employees who may be pressured to sign cards know that they have the right to a secret ballot vote. Under the EFCA, the pressure would remain, but the secret ballot vote would disappear. Also, unions would likely stall in bargaining because they know they will get an agreement, as the bill would provide for the federal government to set what terms the employer must comply with and what the employer must pay for wages, benefits, and any retirement program.

ACTION STEP: To make your representatives aware of your opposition to EFCA, go to PLANET’s Legislative Action Center, select Oppose Employee Free Choice Act, click on Write Your Legislators, and either e-mail the form letter we’ve prepared, edit and customize it with your own words, or e-mail your own letter to your representatives. If you have already used PLANET’s Legislative Action Center, your information may already be entered to save you even more time. A backgrounder that explains the entire issue is also available in the Legislative Action Center.

If you have any questions, please send an e-mail to Tom Delaney, PLANET's director of Government Affairs, or call him at (770) 925-7113 or (800) 395-2522.

3/10/09

Quarterly Legislative Update — February 2009

Read the Quarterly Legislative Update for February 2009.  Topics this quarter include:

  • Green Roofs
  • Reclaimed Water
  • Cranes
  • Sustainable Sites Initiative™
  • Animal Pesticide Poisoning Reporting
  • WaterSense Program
  • EPA Insights
  • 2,4-D
  • MSMA
  • H-2B
  • OSHA
  • Paid Sick Leave
  • Form I-9

2/4/09

Your action is needed with OSHA

For years, the Tree Care Industry of America (TCIA) has been asking OSHA for responsible, effective guidance to help us keep tree workers safe. On September 18, 2008, OSHA announced an “Advance Notice of Proposed Rule-Making” (ANPRM) for an Arborist standard in the Federal Register. This signals the beginning of a multiple-year process. To assure a workable standard for employers as well as guidelines that will improve safety in the industry overall, it is VITALLY IMPORTANT for the industry to be directly, actively involved in the rule-making process.

TCIA, PLANET, and our members must be deeply committed to getting a specific OSHA standard to address arborist and landscape workers’ safety. Right now, we need you to respond by Wednesday, December 17, 2008, directly to OSHA using the sample letter ResComMember (a sample response letter for members who engage in residential and commercial arboriculture) and the information contained in the Question Answered (background information on how to file comments with OSHA) document. Please keep the following in mind as you compose your response:

  • Do not feel compelled to try and answer every question that OSHA has asked. Peruse the list in the “Question Answered” document and select those topics that you feel are most important to you or your company.
  • You do not need to include the text of the questions in your response but you are free to do so if you feel it adds clarity for the reader.
  • Pay particular attention to any information in [brackets] below. This is intended as guidance for drafting a response and must not remain in your letter.
  • Make the responses your own by changing words and embellishing with your company’s unique experiences and practices.
  • Documents must be sent to OSHA, identified by Docket No. OSHA-2008-0012, no later than Wednesday, December 17, 2008, by any of the following methods:
    • Electronically: You may submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Enter the docket number, OSHA-2008-0012, into the search field, then find any one of the items that TCIA submitted or the document called “Tree Care Operations.” Click on the icon near that item that allows you to submit comments.
    • Fax: If your comments, including attachments, do not exceed 10 pages, you may fax them to the OSHA Docket Office at 202-693-1648.

If you have questions about how you should comment, you can e-mail Peter Gerstenberger at TCIA, peter@tcia.org, or Tom Delaney at PLANET.

In order for us to get good regulation, we have to have large numbers of members respond to this ANPRM. We strongly urge you to respond! It has never been more important to get involved in writing the safe work practices that will guide the tree care industry for decades to come.

The following comments and documents have already been filed by TCIA based on answers to the survey sent out by both associations:

TCIA Comment * JHA Comment * PLANET survey response * Accidents 2006 * Accidents 2007

Thank you.

There is a saying that is popular around election time: You get all the government you deserve. Well, that holds true for regulation as well. If the industry did nothing it would continue to be regulated, guided, and in fact penalized by outdated, poorly fitted standards with little or no benefit to worker safety. If we act and if we speak with one voice, we have an excellent chance for a beneficial outcome.

Tom Delaney
Director of Government Affairs

12/11/08