Legislative Update: Up On The Hill

The November 2002 elections resulted in significant congressional turnover, and as a result, the pest management industry is working to deliver its message to new members of Congress.

There are 64 new members of Congress — 54 first-time members in the House and 10 in the Senate. One out of every nine members of Congress is new. Both pest management industry allies and foes left office following the most recent election. Thus, industry officials say it is important for pest management professionals to present congressional members the facts about pesticides and to reinforce the industry’s message that PCOs are protectors of public health.

"There are a lot of new faces that without exception need to be educated," said Bob Rosenberg, director of government affairs, National Pest Management Association (NPMA). "A better educated member of Congress will vote better. It will be a big undertaking because this is one of the largest turnovers we have seen in a long time."

Rosenberg said "educating Congress" is one of NPMA’s significant focuses for 2003. Attendees of NPMA Legislative Day 2003 will have an opportunity to make important inroads when they meet with their area’s congressional members in Washington, D.C., Feb. 24-25. (See related news story, page 30.)

Not only is it important for PCOs to educate new members, but it is critical that they reinforce the pest management industry’s message to returning congressional members, Rosenberg said.

The November 2002 elections gave Republicans control of both houses of Congress (see January 2003 PCT). This is generally viewed as a positive because the GOP has historically supported small businesses. However, there is a secondary effect of Republican control that is cause for concern. With Senate Democrats looking to regain the majority in upcoming elections, they will focus on important "wedge issues" to attack Republicans. One of the issues Democrats likely will attack Republicans on is the environment. The concern is that even though Republicans have the majority, they will be reticent to cast votes against certain environmental issues.

One issue that the industry needs to keep an eye on is the re-introduction of the original version of the School Environment Protection Act (SEPA), Rosenberg says. SEPA is pesticide legislation designed to set safety standards for the use of pesticides in and around public schools. Efforts by NPMA and others helped produce a compromise — a more "industry-friendly" SEPA — but it was defeated in Congress last year.

In addition, a number of issues on the state level are being closely monitored by the pest management industry. States facing budgeting challenges will be looking to slash expenses and find other revenue sources.

In New York, for example, business registration increased from $50 per year to $450 for three years. Initial certification went from $15 for three years to $375 for five years. Each additional category/subcategory certification increased from $5 per year to $125 for five years. This means the average owner or technician who is certified in 7a, 7c and 7f is paying $625 for five years with $125 for each additional category/subcategory certification.

State pest control regulatory agencies also could be targets of budget cutbacks, according to Gene Harring-ton, manager of government affairs, NPMA.

Harrington added that pest control operators will want to monitor home inspection licensing legislation. There are concerns that agencies regulating home inspectors will attempt to include PCOs in order to generate revenue via licensing fees. "We are encouraging states and members to write exceptions into home inspection licensing bills exempting licensed pesticide applicators from home inspection licensing requirements," Harrington said.

Another "hot topic" PCOs will want to monitor closely is mold legislation. Last year, a number of states, including New York, Michigan and Arizona, considered mold-related legislation. More states are expected to consider such legislation — for example, legislation establishing an authorized agency to develop standards relating to mold or legislation establishing a mold task force — this year, Harrington said.

In addition to home inspection licensing bills and mold-related legislation, Harrington expects more states to pass school IPM legislation.

SCHOOL IPM LEGISLATION IN N.J. New Jersey recently passed school pesticide legislation. New Jersey Gov. James E. McGreevey signed a law Dec. 12 dubbed the School Integrated Pest Management Act (SIPA).

The law requires schools to adopt and implement a pest management policy that stresses rigorous sanitation, building maintenance and targeted, precise applications of low-impact pesticides such as baits, gels and pastes. The plan must be consistent with the model developed by the New Jersey Department of Environmental Protection.

The bill received support from pest control industry organizations, i.e., NPMA and the New Jersey Pest Management Association (NJPMA), as well as environmental groups such as the New Jersey Environmental Federation (NJEF) and the Sierra Club.

Phil Cooper, president of Lawrenceville, N.J.-based Cooper Pest Control and chairman of the NJPMA Government Affairs Committee, said NJPMA and NPMA were able to gain a number of important concessions. Under New Jersey’s new law, schools are responsible for carrying out the notification. In other words, schools must sign a document stating that they carried out the notification process. Cooper said this provision will limit liabilities for PCOs.

Also, according to Cooper, the new law recognizes the need to protect children from pests such as cockroaches, stinging insects and spiders, reflected by the inclusion of a provision that allows for emergency treatments to immediately address potentially dangerous pest infestations without providing prior notice.

NEW YORK PCOs WARY. PCOs in New York are keeping close tabs on efforts by environmental lobbyists to enact pesticide neighbor notification laws that affect the green industry. Six New York counties — Nassau, Rockland, Suffolk, Westchester, Tompkins and Albany — have passed neighbor notification laws for outdoor pesticide spraying.

Environmental lobbyists were encouraging Monroe, Dutchess and Ulster counties to adopt similar laws at press time.

Pest management professionals —