[Legislative Issues] Changing Of The Guard

The Nov. 7 election, in which Democrats won enough seats in the House and Senate to recapture control of Congress (for the first time since 1994), could present regulatory challenges for the pest control industry.

Generally speaking, Republican control of Congress the last 12 years has been good for PCOs because the GOP’s agenda has been pro-business and not focused heavily on environmental issues (e.g., pesticide issues). But the Democrats’ win in the Senate and House of Representatives surely will put pressure on President George Bush’s administration on a wide range of issues, including the environment.

Bob Rosenberg, senior vice president of the National Pest Management Association, said NPMA is particularly concerned with changes in congressional leadership, especially new chairs of important jurisdictional committees, such as the House Committee on Energy and Commerce (chaired by John Dingell, D-Mich.); the House Committee on Oversight and Government Reform (chaired by Henry Waxman, D-Calif.); and the Senate Environment and Public Works Committee (chaired by Barbara Boxer, D-Calif.).

"The problem is that folks who have inherited chairmanships of most of the committees that have jurisdiction over (pest control industry-related) issues are not just Democrats — but Democrats that have a long track record of not being supportive of industry initiatives. In fact, they have created problems for us," Rosenberg said.

Rosenberg said that during the past four years NPMA and its members benefited from "a rather benign legislature, but now we have one that is fraught with peril."

WILL HISTORY REPEAT? For example, Boxer’s congressional history would suggest there could be challenges ahead. Specifically, Rosenberg noted that in fiscal year 2001, Boxer offered amendments to four appropriations bills that would have severely restricted the use of pesticides in facilities owned or managed by the departments of government that were being funded in those appropriations bills.

In 2001, Boxer added to an existing bill an amendment that would have required notification to parents 48 hours before a pesticide application was made in or around a school. The amendment was added as part of the Education Savings Account bill. It also would have directed EPA to improve its outreach to help schools reduce their use of pesticides. The notification amendment was originally part of Boxer’s Children Environmental Protection Act (S. 1112), a broader bill that was defeated.

"One of the reasons we were able to avoid battles with school pest management was because it just was not being heard under Republican leadership," said Gene Harrington, manager of government affairs, NPMA. "Now the issue may be out in the open, forcing Republicans to vote on it. It will be difficult to persuade Republicans to vote against this type of an issue."

Harrington said it would not surprise him to see this issue re-introduced.

"It is guaranteed that school pesticide legislation will be strongly considered in the 110th Congress," he said. "The environmentalists have already said that they have assurances that this issue will be on the table. The fact of the matter is that we need to start laying groundwork now so that we will be a major part of that debate. It’s just a matter of when — not if."

Harrington said he believes that the news is slightly better in the House of Representatives, where Rep. Collin Peterson, D-Minn., is in line to become chairman of the House Agriculture Committee. Harrington says Peterson will be good to work with and that Tim Holden, D-Pa., who also serves on the House Agriculture Committee, has been receptive to NPMA and its members.

In addition to school pest management, another issue that NPMA has been working on that could be affected by the election is S. 406 and H.R. 525. The Small Business Health Fairness Act of 2005, or H.R. 525 and S. 406, is legislation making health insurance more readily available to small businesses. This bill allows groups such as pest control operators, on a national scale, to band together to obtain medical insurance at group rates. Harrington says this bill may not get as much consideration with the new Congress.

A CLOSE CALL. Despite legitimate causes for concern, Harrington points out that margins in both the House and Senate are slim, so it will still be challenging to pass bills.

"I do think that we have been careful in balancing relationships with both sides of the aisle, so I don’t think we are in a terrible position," Harrington said. "We will have to redouble our efforts and continue to cultivate relationships."

Harrington added the same holds true for NPMA members and noted that Legislative Day is a good opportunity for members to introduce themselves to their legislators, especially new members of the U.S. Congress. Legislative Day 2007 is scheduled for Feb. 26-27, at The Mayflower Hotel, Washington, D.C. Call 703/352-6762 or visit www.pestworld.org for more information.

The author is managing editor of PCT magazine. He can be reached at bharbison@giemedia.com.