INFLUENCING SOLID WASTE POLICY IN VIRGINIA: INFLUENCING SOLID WASTE POLICY IN VIRGINIA Presented by David L. Bulova
Director of Environmental Services
Northern Virginia Regional Commission
August 6, 2001 TWO MEANS, TWO EXAMPLES: TWO MEANS, TWO EXAMPLES The legislative process – how to get started, and how to turn an idea into law.
Two examples – trash trucks and used oil.
The rule making process – writing and amending regulations. WEB BASED RESOURCES: WEB BASED RESOURCES Virginia Online Legislature – legis.state.va.us
Virginia Regulatory Town Hall – townhall.state.va.us INFLUENCING THE LEGISLATIVE PROCESS: INFLUENCING THE LEGISLATIVE PROCESS VIRGINIA’S LEGISLATIVE PROCESS… How a Bill Becomes a Law: VIRGINIA’S LEGISLATIVE PROCESS… How a Bill Becomes a Law Idea for a bill is presented to a potential patron.
Legislative Services drafts the potential bill.
Bill is introduced; may be pre-filed (60 days in even years and 180 days in odd years).
Bill is referred to a committee. Senate and House Committees Dealing with Solid Waste: Senate and House Committees Dealing with Solid Waste Senate Agriculture, Conservation and Natural Resources Committee
Chairman, Senator Hawkins
Sub-Committee on Waste: Bolling (Chairman), Whipple, Watkins, Hanger
House Conservation and Natural Resources Committee
Co-Chairmen: Kirkland Cox and Victor Thomas
VIRGINIA’S LEGISLATIVE PROCESS… How a Bill Becomes a Law: VIRGINIA’S LEGISLATIVE PROCESS… How a Bill Becomes a Law Action taken by the committee.
Report with or without amendments, or in the nature of a substitute.
Pass by Indefinitely (PBI).
Pass by for the day.
Incorporate into other legislation. VIRGINIA’S LEGISLATIVE PROCESS… How a Bill Becomes a Law: VIRGINIA’S LEGISLATIVE PROCESS… How a Bill Becomes a Law First, second (vote on amendments), and third reading (final vote up or down).
Communication to opposite chamber.
Committee of Conference.
Governor signs or vetoes the bill.
Bill becomes law. It is a short time frame, start early if you truly want to influence the process, and…TAKE THE INITIATIVE!: It is a short time frame, start early if you truly want to influence the process, and… TAKE THE INITIATIVE! TWO EXAMPLES: TWO EXAMPLES Trash Trucks and Used Oil Management Used Oil Management: Used Oil Management SB1003 “Requires the Department of Environmental Quality to establish a statewide program to manage used (i) motor oil, (ii) oil filters and (iii) antifreeze. The program's purpose is to encourage the environmentally sound management of these products. The Department also is to (a) maintain a list of sites that accept these used products from the public, (b) create and promote a web site to provide consumers with information on collection sites, and (c) develop an outreach education program. The bill requires those who sell motor oil, oil filters and antifreeze at the retail level and who do not accept the return of used motor oil to post a sign giving consumers information as to the locations where used motor oil, oil filters and antifreeze can be returned.” Used Oil Management: Used Oil Management Began with 1997 Ticer “Task Force.”
Resulted in 1998 budget amendment (Dillard) for a comprehensive study.
1999 NVRC study outlined options and a suggested course of action – vested Task Force members.
First attempt in 2000 – ban on dumping antifreeze and establishment of a used oil management infrastructure, resulted in carry over. Used Oil Management: Used Oil Management Opposition came from unexpected places.
Airports and VDOT concerned over de-icing materials on runways and roads.
DEQ concerned about lack of FTEs in budget amendment.
Worked with DEQ, Virginia Recycling Markets Development Council, Virginia Gasoline Marketers Council.
Went back to Senator Ticer and Delegate Dillard.
NVRC wrote initial bill with input from DEQ. Used Oil Management: Used Oil Management SB1003 introduced early, along with budget amendment with FTEs.
Developed speaking points.
Presented with VGMC to Senate AC&NR.
Amendment process – smaller penalty; lost annual survey.
No budget or FTEs!
Bill passes. Regulation of Trash Truck Parking: Regulation of Trash Truck Parking SB1318 “Allows local governing bodies to adopt ordinances to regulate commercial motor vehicles used to transport municipal solid waste by prohibiting their being parked at locations other than those specified in their ordinances and requiring leak-proof construction of their cargo compartments.” Trash Truck Parking: Trash Truck Parking Began with invitation by NVWMB to Senator Byrne to discuss a carried-over bill.
NVWMB agreed to brainstorm on legislative issues that would make a difference.
Task Force came up with a number of ideas; ran through Northern Virginia legislative liaisons. Trash Truck Parking: Trash Truck Parking Presented two options to Senator Byrne.
Legislative Services drafted the initial bill.
Initial bill was problematic; worked with Senator Byrne to introduce a substitute.
Drafted talking points.
Bill passed with little opposition and few further amendments. TIPS FOR MAKING A DIFFERENCE: TIPS FOR MAKING A DIFFERENCE Identify a reason and mechanism for generating ideas.
Talk through the problem – make sure it is one!
Work through your local government legislative liaison and colleagues if this is an option. They are the experts and know how to avoid political minefields. TIPS FOR MAKING A DIFFERENCE: TIPS FOR MAKING A DIFFERENCE However… waste issues may not be high on a local government agenda. Be prepared, with the permission of your liaison, to look for others to carry the ball.
If you don’t have a liaison, you may need to take on that role… Only a Legislator Can Introduce a Bill … Life Without a Liaison: Only a Legislator Can Introduce a Bill … Life Without a Liaison Do your homework; have a clear idea of the problem you are trying to solve.
Do the research and look for templates.
Cost it out - a bill is one thing, a budget amendment is another. Only a Legislator Can Introduce a Bill … Life Without a Liaison: Only a Legislator Can Introduce a Bill … Life Without a Liaison Identify who needs to be “in-the-loop.”
Identify potential opposition.
Bring DEQ into the loop – they are almost always asked for their opinion!
Try your hand at writing your own legislation – use simple terms and say what you mean! Only a Legislator Can Introduce a Bill … Setting Up the Meeting: Only a Legislator Can Introduce a Bill … Setting Up the Meeting Narrow your field of potential patrons.
Anticipate questions and concerns.
Set up a meeting and make your presentation quick and concise!
Set up an expectation to “report back” to a legislator. Only a Legislator Can Introduce a Bill … In Richmond: Only a Legislator Can Introduce a Bill … In Richmond Trust your patron and get acquainted with his/her staff.
Be prepared to speak in Richmond, the issue will lose credibility if you don’t.
Know the potential “flash points;” come up with acceptable alternatives.
Whether or not the bill passes, say thank you to everyone involved.
THE REGULATORY PROCESS: THE REGULATORY PROCESS IMPORTANCE: IMPORTANCE Can be as important, if not more important than influencing legislation.
Regulations often attract less attention, therefore magnifying the impact of a single person. VIRGINIA’S REGULATORY PROCESS… Nuts & Bolts: VIRGINIA’S REGULATORY PROCESS… Nuts & Bolts Virginia Administrative Code houses all regulations.
Waste regulations are handled through the Virginia Waste Management Board.
Seven members appointed by the Governor.
VIRGINIA’S REGULATORY PROCESS… Nuts & Bolts: VIRGINIA’S REGULATORY PROCESS… Nuts & Bolts Governed by Administrative Process Act and Executive Order 25 (98).
Starts with new regulation or a periodic review of regulations (once every three years).
Notice of Intended Regulatory Action (NOIRA) or Notice of Periodic Review (20 days of comment, may or may not result in a NOIRA) in Virginia Register. VIRGINIA’S REGULATORY PROCESS… Nuts & Bolts: VIRGINIA’S REGULATORY PROCESS… Nuts & Bolts Technical Advisory Committee.
Regulatory Review Package to the Secretary and the Department of Planning and Budget within 180 days (6 months) from NOIRA.
Review of the package by DPB and publication of an Economic Impact Analysis within 45 days. VIRGINIA’S REGULATORY PROCESS… Nuts & Bolts: VIRGINIA’S REGULATORY PROCESS… Nuts & Bolts Publication of Proposed Regulations in the Virginia Register.
Public hearings and submission of Final Proposed Regulations.
Adoption. TIPS FOR MAKING A DIFFERENCE: TIPS FOR MAKING A DIFFERENCE Be aware of, and understand the process.
Read the regulations and understand what they mean.
Waste is covered in 9VAC 20-10 through 9VAC 20-180; there are a total of 20 regulations.
Seven regulations are currently in some stage of development. TIPS FOR MAKING A DIFFERENCE: TIPS FOR MAKING A DIFFERENCE 9 VAC 20-130 Regulations for the Development of Solid Waste Management Plans was most recently amended.
Periodic review to be initiated in 2003.
9 VAC 20-80 Virginia Solid Waste Management Regulations are currently under review. TIPS FOR MAKING A DIFFERENCE: TIPS FOR MAKING A DIFFERENCE Target your involvement – become a member of a TAC, or present at a public hearing.
Read the enabling legislation – is there flexibility?
Be realistic and specific! Broad comments will be ignored. TIPS FOR MAKING A DIFFERENCE: TIPS FOR MAKING A DIFFERENCE Provide both written and verbal comments.
Respond individually and as organization.
Share major points with others and make it easy for others to make similar comments.
If it doesn’t go your way – consider changing the law.