NATURAL RESOURCES AND INFRASTRUCTURE COMMITTEE

2015 LEGISLATIVE SUMMIT

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Table of Contents

RESOURCES

NRI Committee Roster ...... 5 Legislative Summit NRI Committee Agenda ...... 9 NRI Committee Online Resources ...... 13 Business Meeting Agenda ...... 15 Policy Summaries ...... 17

POLICIES

Solving America’s Long Term Transportation Funding Crisis (Resolution) ...... 19 Climate Change Policy (Resolution) ...... 21 Amendments to Pollinator Health (Resolution) ...... 25 Wildfire Funding (Resolution) ……………………………………………………………………………………………………………….29

Waters of the (Resolution)………………………………………………………………………………………………31

A Resolution Requesting U.S. EPA to Reaffirm the Current National Ambient Air Quality Standards for Ozone (Resolution)………………………………………………...... 33

Avian Flu Response (Resolution)……………………………………………………………………………………………………………37

Oil Train Safety (Resolution)…………………………………………………………………………………………………………………..41

Surface Transportation Federalism (Directive)……………………………………………………………………………………….43

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NCSL STANDING COMMITTEE ON NATURAL RESOURCES AND INFRASTRUCTURE MEMBERS Updated July 20, 2015

NCSL’s Natural Resources and Infrastructure Committee is one of nine NCSL Standing Committees. These committees are vital to NCSL’s successful representation of state interests in Washington, D.C., and the facilitation of policy innovation among state and territorial legislatures. Please contact any of the committee staff for details about the committee, state-federal policies under its jurisdiction, or upcoming meetings and educational events.

COMMITTEE OFFICERS Co-Chair: Delegate Sally Jameson, Maryland Staff Co-Chair: David Beaujon, Co-Chair: Senator Cam Ward, Alabama Staff Co-Chair: Linda Hay, Vice Chair: Elsie Arntzen, Montana Staff Vice Chair: Lowell Atchley, Kentucky Vice Chair: Representative Justin R. Cronin, South Dakota Staff Vice Chair: Jessica Harmon, Vice Chair: Representative Rick Hansen, Minnesota Staff Vice Chair: Jennifer Jones, Texas Vice Chair: Senator Rita Hart, Iowa Staff Vice Chair: Jace Mikels, Iowa Vice Chair: Senator Clarence K. Nishihara, Staff Vice Chair: Rex Shattuck, Alaska Vice Chair: Representative Ed Orcutt, Washington Staff Vice Chair: Hope Stockwell, Montana Vice Chair: Representative Dan Saddler, Alaska Vice Chair: Senator Mike Vehle, South Dakota

COMMITTEE STAFF NCSL D.C. Office: Ben Husch and Melanie Condon NCSL Denver Office: Jocelyn Durkay

COMMITTEE MEMBERS Alabama Rep. Rep. Jennifer Arndt Rep. Alex Judd (staff) Sen. Gearld Allen Sen. Thomas Morris (staff) Janet Kaminski-Leduc Rep. Alan Baker Arizona David Beaujon (staff) * Rep. (staff) Sen. Gerald Dial Sen. Steve Farley Rep. Jon Becker Rep. Dan Nordberg Sen. Ted Kennedy Jr. Rep. Joe Faust Sen. Gail Griffin Rep. K.C. Becker Meghan O’Connor (staff) Emanuel Merisotis (staff) Sen. William Holtzclaw Gina Kash (staff) Jennifer Berman (staff) Mark Quiner (staff) Kristen Miller (staff) Rep. Richard J. Lindsey Liisa Laiko (staff) Rep. J. Paul Brown Sen. Sen. Marilyn Moore Sen. Steve Livingston Rep. Perry Buck Rep. Catherine Roupe Rep. Mary Mushinsky Sen. Cam Ward * Sen. John Cook Rep. Rep. John Shaban Sen. Tom Whatley Sen. Ron Caldwell Rep. Sen. Ray Scott Bradford Towson (staff) Rep. Dan Douglas Rep. Rep. Lang Sias Chris Zavagnin (staff) Alaska Rep. Mike Holcomb Sen. Sen. Rep. Lynn Gattis Sen. Rep. Timothy Dore Rep. Daniel Thurlow Linda Hay (staff) * Rep. Rep. Sen. Sen. Rep. Scott Kawaski Sen. Sen. Rep. Max Tyler Rep. William Carson Rep. Charisse Millett Sen. Bill Sample Jason Gelender (staff) Rep. Sen. Rep. Benjamin Nageak Rep. Rep. Sen. Bethany Hall-Long Rep. Mark Neuman California Sen. Rep. Rep. Assm. Richard Bloom Sen. Matt Jones Connecticut Sen. Rep. Dan Saddler * Brian Brown (staff) Rep. Tracy Kraft-Tharp Gregg Cogswell (staff) Rep. John Kowalko Rex Shattuck (staff) * Assm. Mark Stone Rep. Steve Lebsock Rep. Linda M. Gentile Sen. David McBride Rep. David Talerico Assm. Das Williams Rep. Jovan Melton Rep. Antonio Guerrera Sen. Harris McDowell Rep. Steve Thompson Rep. Diane Mitsch Bush Lee Hansen (staff) Rep. Colorado Rep. W. Charles Paradee

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Sen. Karen Peterson Sen. Mike Gabbard Sen. Rita Hart * Rep. Russell Black Del. Sally Jameson * Rep. Sen. Robert Hogg Rep. Del. Anne R. Kaiser Florida Rep. Kaniela Ing Rep. Charles Isenhart Rep. Andrew Buckland Del. Tony McConkey Kara Collins-Gomez Rep. Chris Kalani Lee Theresa Kehoe (staff) Rep. Richard Campbell Del. Maggie McIntosh (staff) Rep. Matthew LoPresti Jace Mikels (staff) * Rep. Ralph Chapman Sen. Thomas McLain Sen. Audrey Gibson Rep. Sen. Joe M. Seng Sen. Ronald Collins Middleton Thomas Hamby (staff) Rep. Lauren K. Julie Simon (staff) Rep. Patrick Corey Sen. Paul Pinsky William Howard (staff) Matsumoto Sen. Mary Jo Wilhelm Rep. Dale Crafts Robert K. Smith (staff) Reynold Meyer (staff) Sen. Clarence K. Sen. Scott Cyrway T. Patrick Tracy (staff) Larry Novey (staff) Nishihara * Kansas Rep. Matthew Dana Sen. Ronald Young Alex Regalado (staff) Rep. Nafetalai Pouha Rep. Dennis E. Hedke Rep. Michael Devin Lucretia Shaw Collins Sen. Laura Thielen Rep. Kyle D. Hoffman Rep. Larry Dunphy (staff) Rep. Clifton Tsuji Rep. Richard J. Proehl Rep. Thomas Bonarrigo (staff) Teresa B. Tinker (staff) Rep. Ryan I. Yamane Rep. Sharon J. Schwartz Rep. Anthony Edgecomb Rep. Gailanne Cariddi Rep. Eleanor Espling Rep. Idaho George Chapman IV Rep. Kentucky Rep. Bradley Farrin Rep. Terry Gestrin Lowell Atchley (staff) * Rep. (staff) Rep. Thomas Benton Rep. Clark Kauffman Rep. Rep. Jon Burns Rep. Johnny W. Bell Rep. Sara Gideon Sen. Jim Patrick Sen. Jared K. Carpenter Rep. James Gillway Rep. Rep. Kevin Cooke Rep. Stephen DiNatale Abby Day (staff) Illinois Rep. Hubert Collins Rep. Gay Grant Rep. Leslie A. Combs Rep. Martin Grohman Sen. Kenneth Donnelly Rep. Robert Dickey Rep. John E. Bradley Rep. Rep. Sen. David Koehler Rep. William Coursey Rep. Jeffrey Hanley Rep. Mitchel B. Denham Rep. Christopher Eicher (staff) Rep. Bubber Epps Jr. Becky Locker (staff) Rep. Ann-Margaret Rep. Harry C. Geisinger Rep. Frank J. Mautino Jr. Rep. Stephanie Hawke Rep. Bob DeWeese Rep. Craig Hickman Ferrante Sen. Stephen Gooch Sen. Michael Noland Rep. Michael J. Finn Rep. Margaret Kaiser Laura Sinclair (staff) Sen. C.B. Embry Rep. Norman Higgins Rep. David Floyd Rep. Gary Hilliard Heather Friedmann (staff) Rep. Steve Thomas (staff) Rep. Susan Williams Rep. David Knight Amanda Wallen (staff) Rep. Jim Gooch Jr. Rep. Brian Hobart Rep. Jeff Greer Rep. George Hogan Sr. Gifford Rep. Charles E. Martin Jr. Rep. Anne M. Gobi Rep. Tom McCall Indiana Sen. Ernie Harris Jr. Rep. Mary Anne Kinney Sen. Jim Arnold Jay Hartz (staff) Rep. Walter Kumiega III Rep. Thomas Golden Jr. Rep. John Meadows Sen. Robert Hedlund Rep. Rep. Terri Jo Austin Harland Hatter (staff) Rep. Rep. B. Patrick Bauer Sen. Paul Hornback Rep. Jeff McCabe Rep. Rep. Chad Nimmer Liam Holland (staff) Rep. Tyler Campbell (staff) D. Todd Littlefield (staff) Rep. Joyce McCreight Sen. Ed Charbonneau Rep. Mary Lou Marzian Rep. Andrew McLean Rep. Sen. Nan Orrock Rep. Steven S. Howitt Rep. Don L. Parsons Matt Doerr (staff) Rep. Thomas McKee Rep. William Noon Rep. Ryan Dvorak Tanya Monsanto (staff) Rep. Beth O’Connor Rep. Randy Hunt Rep. Allen M. Peake Joshua Katz (staff) Rep. Rep. Rep. Sannie Overly Rep. Wayne Parry Sarah Freeman (staff) Rep. John Short Rep. Jeffrey Pierceii Rep. Robert Koczera Rep. Jay Powell Robert Libin (staff) Rep. Jay Roberts Rep. William Friend Rep. Arnold Simpson Rep. Christine Powers Sen. Susan Glick Rep. Kevin Sinnette Rep. Roger Reed Rep. Timothy Madden Rep. Dale Rutledge Rep. John J. Mahoney Rep. Barbara Sims Rep. Christina Hale Sen. Brandon Smith Rep. Deane Rykersonf Jack Halloran (staff) John Snyder (staff) Rep. Robert Saucier Rep. Paul W. Mark Sen. Freddie Powell Sims Rep. Rep. Jessica Harmon (staff) * Rep. Fitz Steele Sen. Thomas Saviello Rep. Eric Allan Koch Rep. Wilson L. Stone Rep. David Sawicki Rep. James R. Miceli Rep. Mickey Stephens Rep. Matt Taylor (staff) Rep. Donald J. Lehe Sen. Johnny Ray Turner Rep. Michael Shaw Sen. James Merritt Jr. Rep. Jim Wayne Rep. Stanley Short Sen. Marc R. Pacheco Rep. Thomas Taylor Rep. Sen. Ross Tolleson Jr. Brian Rockensuess (staff) Rep. Arthur Verow Rep. Rep. Nathan Wadsworth Rep. Jr. Rep. Sen. Robert Adley Rep. John H. Rogers Sen. John Wilkinson Rep. Michael Speedy Rep. Joan Welsh Kristen Tjaden (staff) Su King (staff) Rep. Dustin White Rep. Paul A. Schmid III Rep. Chuck Williams Tyler McCloud (staff) Laurel Schwab (staff) Sen. Tommie Williams Rep. Heath VanNatter Rep. Stephen Wood Rep. David Wolkins Sen. Francis Thompson Rep. Frank I. Smizik Hawaii Maryland Tyler Soleau (staff) Del. Dereck E. Davis Rep. William Straus Rep. Iowa Rep. Robert Alley Rep. Sen. Joe Bolkcom Sen. James DeGrange Rep. Walter F. Timilty Rep. Kevin Battle Sen. George Edwards Rep. Chris Walsh Rep. Lynn DeCoite Sen. Tod Bowman Rep. Roberta Beavers Rep. Cynthia Evans Sen. William Dotzler Del. Barbara A. Frush Rep. Donald H. Wong 6

Michigan Rep. Assm. Heidi Swank Sen. Bryce Marlatt Ryan Bergan (staff) Sen. Willie Lee Simmons Assm. Robin Titus New York Rep. Mark McBride Julie Cassidy (staff) Rep. Assm. Kevin A. Cahill Mary J. Mitts (staff) Rep. Lee Chatfield Sen. Brice Wiggins New Hampshire Rep. Lewis Moore Rep. Rep. Robert Introne North Carolina Rep. R.C. Pruett Dan Dundas (staff) Missouri Michael Kane (staff) Jeff Cherry (staff) Rep. Brian Renegar Rep. Ray Franz Rep. Sonya Anderson Michael J. Landrigan Timothy Dale (staff) Rep. Sean Roberts Rep. Gary Glenn Rep. Jay Houghton (staff) Heather Fennell (staff) Rep. Seneca Scott Rep. Ken Goike Sen. Mike Kehoe Rep. John O’Connor Wendy Graf Ray (staff) Sen. Gary Stanislawski Katie Hoeksema (staff) Sen. Brian Munzlinger Rep. Sherman Packard Jeff Grimes (staff) Mark Tygret (staff) Rep. Larry Inman Rep. Randy Pietzman Kevin Ripple (staff) Sen. Rick Gunn Rep. Weldon Watson Rep. Nancy Jenkins Sen. Gary Romine Christopher M. Shea Jeff Hudson (staff) Rep. Paul Wesselhoft Josiah Kissling (staff) (staff) Sen. Brent Jackson Brad Wolgamott (staff) Rep. John Kivela Montana Rep. George Sykes Peter Ledford (staff) Rep. Andrea LaFontaine Sen. Elsie Arntzen * Jennifer McGinnis (staff) Oregon Rep. Marilyn Lane Rep. Bob Brown New Jersey Rep. Chuck McGrady Sen. William Hansell Suzanne Lowe (staff) Rep. Geraldine Custer Sen. Robert Gordon Jennifer Mundt (staff) Rep. Bradley Witt Sen. Jennifer Fielder Sara Nienow (staff) Rep. David Maturen Judith L. Horowitz (staff) Pennsylvania Rep. Sheldon Neeley Sen. Bradley Hamlett Giles Perry (staff) Sen. Brian Hoven Barbara Riley (staff) Rep. Bryan Barbin Rep. Peter Pettalia Eric Bugaile (staff) Rep. Bruce Rendon Sen. Douglas Kary Claudia Armijo (staff) Chris Saunders (staff) Sen. Jim Keane Barry L. Denk (staff) Glenn Steffens (staff) Jon Boller (staff) Rep. Nick Kotik Rep. George Kipp III Sen. William F. Burt North Dakota Joe Kolman (staff) Sen. Bill L. Bowman Vincent J. Rossi (staff) Minnesota Sen. Joseph Cervantes Rep. Connie Bernardy Leanne Kurtz (staff) Sen. Carlos R. Cisneros Sen. Randall Burckhard Sen. Sue Malek Rep. Alan H. Carlson Puerto Rico Sen. Gary Dahms Sen. Lee S. Cotter Sen. Pedro Rodriguez Sen. D. Scott Dibble Jason Mohr (staff) Mark Edwards (staff) Rep. Chuck Damschen Megan Moore (staff) Rep. Glen Froseth Gonzalez Brad Hagemeier (staff) Rep. Carlos J. Ruiz Irizarry Rep. Rick Hansen * Sonja Nowakowski (staff) Rep. Rep. Craig Headland Sue O'Connell (staff) Sen. David Hogue (staff) Sen. John Hoffman Rep. Bealquin Gomez Sen. Ramon Ruiz Nieves Rep. Frank Hornstein Sen. J.P. Pomnichowski Rep. Rep. Jerry G. Kelsh Rep. Christopher Pope Sen. Gary Lee Sen. Jorge Suarez Caceres Sen. Bill Ingebrigtsen Sen. Ron Griggs Sen. Cirilo Tirado Rivera Rep. Debra Kiel Rep. Bridget Smith Sen. Rep. Dan J. Ruby Hope Stockwell (staff) * Rep. Vicky Steiner Sen. Mary Kiffmeyer Rep. Dona Irwin Rhode Island Sen. Lyle Koenen Helen Thigpen (staff) Sen. Gay G. Kernan Sen. Connie Triplett Sen. Gordon Vance Sen. Jessica Unruh Sen. Stephen Archambault Andrew Lee (staff) Sen. Carroll H. Leavell Rep. John Edwards IV Sen. Ann Rest Sen. Chas Vincent Rep. Ricky Little Re. Kerry White Ohio Sen. Gayle L. Goldin Ron Soderberg (staff) Rep. Javier Martinez Rep. Arthur Handy Sen. Dan Sparks Rep. Kathleen Williams Sen. Richard C. Martinez Sen. Troy Balderson Sen. Cynthia Wolken Sen. Capri S. Cafaro Rep. Brian Kennedy Sen. David Tomassoni Rep. Matthew McQueen Sen. Frank Lombardo III Sen. George K. Munoz Sen. Lou Gentile Sen. Frank LaRose Sen. Joshua Miller Rep. Andrew Nunez Sen. V. Susan Sosnowski Rep. Sen. Sen. Sen. Thomas Patton Mandy Davis (staff) Sen. Lydia N. Brasch Sen. John Pinto Sen. Michael Skindell South Carolina Sen. Deborah Dawkins Sen. Curt Friesen Sen. Cliff Pirtle Sen. Joseph Uecker Paula G. Benson (staff) Robert Dowdle Jr. (staff) Kate Gaul (staff) Sen. Nancy E. Rodriguez Sen. Ray Cleary III Rep. Tyrone Ellis Sen. Ken Haar Sen. John C. Ryan Oklahoma Rep. Heather Crawford Rep. Casey Eure Sen. Jerry Johnson Sen. Michael S. Sanchez Rep. Lisa Billy Rep. Chandra Dillard Sen. Thomas Gollott Sen. Rep. Larry Scott Kim Bishop (staff) Sen. Lawrence K. Grooms Sen. Billy Hudson Sen. Sen. William E. Sharer Rep. Mike Brown Rep. David Hiott Sen. Robert Jackson Sen. Sen. Benny J. Shendo Rep. David Brumbaugh Sen. Joel B. Lourie Dwan Johnson (staff) Sen. John Arthur Smith Rep. Josh Cockroft Rep. Russell Ott Rep. Robert Johnson III Nevada Randall Soderquist (staff) Sen. Eddie Fields Rep. Michael Pitts Rep. John Thomas Lamar Assm. Richard Carrillo Rep. Rep. Scott Inman Sen. Luke Rankin Sr. Rep. Sen. Peter Goicoechea Rep. James Townsend Rep. Charles Joyner Jane Shuler (staff) Oona McKenzie (staff) Sen. Donald Gustavson Sen. Peter F. Wirth Sen. Ron Justice Rep. F. Michael Sottile Rep. Assm. Ira Hansen Sen. Pat Woods Rep. Steve Kouplen Sen. Daniel B. Verdin III Rep. Sen. Mark Manendo Rep. Rep. James Lockhart 7

South Dakota Rep. Stephen Handy Rep. Jake Fey Rep. Justin R. Cronin * Sen. David P. Hinkins Rep. Joe Fitzgibbon Rep. Mary Duvall Sen. Peter Knudson Sen. John McCoy Sen. Bob Ewing Rep. Mike McKell Rep. Jeff Morris Rep. Dennis Feickert Angela J. Oh (staff) Rep. Ed Orcutt * Sen. Jason Frerichs Sen. Ralph Okerlund Beth Redfield (staff) Sen. Jenna Haggar Rep. Marc Roberts Meg VanSchoorl (staff) Rep. Alex Jensen Sen. Brian Shiozawa Gary Wilburn (staff) Sen. Kevin Killer Rep. Keven Stratton Sen. Jim Peterson Sen. Kevin T. Van Tassell West Sen. Larry Tidemann Del. William Anderson Jr. Sen. Mike Vehle * Vermont Del. Mick Bates Rep. Dick Werner Aaron Adler (staff) Seth Gaskins (staff) Rep. Timothy R. Del. Marty Gearheart Tennessee Corcoran II Sen. Daniel Hall Sen. Mike Bell Rep. David Deen Del. Lynwood Ireland Rep. Curtis Halford Daniel Dickerson (staff) Sen. Robert Karnes Sen. Thelma Harper Helena Gardner (staff) Ryan Simms (staff) Stephanie Jarnagin (staff) Rep. Anthony Klein Noelle Starek (staff) Rep. John D. Ragan Rep. Richard Lawrence Sen. Robert Williams Sen. Steve Southerland Rep. Curtis McCormack Sen. Jim Tracy Michael O’Grady (staff) Wisconsin Callan Wilkerson (staff) Rep. Carolyn Partridge Anna Henning (staff) Sen. Ken Yager Rep. Dave Potter Larry Konopacki (staff) Neil Schickner (staff) Sen. Christopher J. Larson Texas Rachel Letzing (staff) Rep. Roberto Alonzo Virginia Sen. Mark Miller Rep. Charles Anderson Del. Richard Anderson Michael Queensland Jessie Coulter (staff) Sen. Richard Black (staff) Sen. Brandon Creighton Sen. Bill Carrico Rep. Romaine Quinn Rep. Yvonne Davis Clyde E. Cristman (staff) Nicholas De La Garza Sen. John Edwards Wyoming (staff) Harold E. Greer (staff) Josh Anderson (staff) Cindy Ellison (staff) Sen. Emmett Hanger Jr. Sen. Floyd Esquibel Rep. Allen Fletcher Robie Ingram (staff) Rep. Michael Greear Jennifer Jones (staff) * Del. Terry Kilgore Sen. Larry Hicks Rep. Jim Keffer Sen. Lynwood Lewis Jr. Sen. Curt Meier Sarah Kirkle (staff) Sen. Dave W. Marsden Anna Mumford (staff) Rep. Armando Martinez Sen. Stephen D. Newman Matthew Obrecht (staff) Barrett McPhaul (staff) Sen. Thomas K. Norment Ian Shaw (staff) Sen. Jose Menendez Jr. Sen. Michael Von Flatern Rep. Borris Miles Anne Oman (staff) Rep. Thomas Walters Rep. Larry Phillips Del. Robert D. Orrock Sr. Rep. Daniel K. Zwonitze Rep. Joseph C. Pickett Sen. J. Chapman Petersen Rep. Ron Reynolds Jason Powell (staff) Will Russ (staff) Sen. Frank M. Ruff Jr. Rep. Wayne Smith Del. Edward T. Scott Jennifer Stewart (staff) Sen. Ralph K. Smith Katharine Teleki (staff) Sen. William Stanley Patrick Tyler (staff) Sen. Richard Stuart Lisa Weatherford (staff) Rep. David J. Toscano Sen. Frank W. Wagner Utah Alan B. Wambold (staff) Rep. Johnny Anderson Del. R. Lee Ware Jr. Rep. Melvin Brown Sen. John C. Watkins Sen. Jim Dabakis Sen. Margaret Dayton Washington Ivan Djambov (staff) Jason Callahan (staff)

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NATURAL RESOURCES AND INFRASTRUCTURE COMMITTEE AGENDA

Co-Chairs: Legislative Staff Co-Chairs: Delegate Sally Jameson, Maryland David Beaujon, Colorado Senator Cam Ward, Alabama Linda Hay, Alaska

Vice Chairs: Legislative Staff Vice Chairs: Senator Elsie Arntzen, Montana Lowell Atchley, Kentucky Representative Justin Cronin, South Dakota Jessica Harmon, Indiana Representative Rick Hansen, Minnesota Jennifer Jones, Texas Senator Rita Hart, Iowa Jace Mikels, Iowa Senator Clarence Nishihara, Hawaii Rex Shattuck, Alaska Representative Ed Orcutt, Washington Hope Stockwell, Montana Representative Dan Saddler, Alaska Senator Mike Vehle, South Dakota

All meetings will take place at the Washington State Convention Center unless otherwise noted. Monday, August 3

1:30 – 5 p.m. Seattle Port Tour and Briefing Offsite (NRI Open exclusively to NRI Committee members, we will stretch our legs Members Only) outside of the convention center as we disembark from the port of Seattle for an interactive experience and exploration of intermodal trade, crude-oil shipment issues, agriculture grain shipments and more! Sponsored by BNSF Railway

Tuesday, August 4

7:15 – 8:30 a.m. Fly-Over: An Examination and Discussion of Unmanned Aircraft WC 609 Systems Breakfast will be provided In partnership with NCSL's Foundation for State Legislatures Unmanned Aircraft Systems (UAS) Steering Committee, join a wide-ranging discussion of the many uses for UAS and how to create a regulatory framework that addresses privacy, safety and other concerns. Enjoy a hot breakfast. Speakers: Ryan Gammelgard, State Farm Alex Pietsch, Washington State Department of Commerce 8:30 – 9:30 a.m. General Session: Cliff Burrows, President of Starbucks Ballroom 6ABC 10 a.m. – 12:30 p.m. NRI Committee Business Meeting WC 618 - 620

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12:30 – 1:45 p.m. The Future of Recycling WC 609 Enjoy lunch while we discuss the future of recycling, from electronic waste to recycled paper and the benefits and hazards of different policies. Speakers: Jan Cleiland, Manager, KapStone Paper & Packaging Allison Schumacher, Sr. Manager, Environmental Policy & Sustainability, Consumer Electronics Association Willie Cade, CEO, PC Rebuilders & Recyclers Sponsored by the Consumer Electronics Association and the American Forest and Paper Association 2 – 4:30 p.m. EPA 111(d) Regulation: Public Hearing WC 618 - 620 Formatted as a legislative committee hearing, participants will hear from a series of panelists on EPA's greenhouse gas emission proposed standards. NRI Committee members will be at the helm, directing the panelists’ statements and asking in-depth questions. Panel 1: Dennis McLerran, Region 10 Administrator, EPA & Kate Kelly, Director of Region 10 Office of Air, Waste and Toxics, EPA Panel 2: Honorable Tony Clark, Commissioner, Federal Energy Regulatory Commission Kathleen Robertson, Sr. Environmental & Fuels Policy Manager, Exelon Craig Glazer, Vice President, Federal Government Policy, PJM Interconnection Panel 3: Roger Martella, Partner, Sidley Austin LLP David Hoppock, Senior Policy Associate, Duke University Nicholas Institute for Environmental Policy Solutions Doug Scott, Vice President Strategic Initiatives, Great Plains Institute 4:30 – 5 p.m. Meet the Energy Industry Experts WC 618 - 620 Pick the brains of leading energy industry experts on the future of their field and how they work with legislatures during this informal networking reception. Reception sponsored by AGA, NEI, AHRI and EEI

Wednesday, August 5

7:15– 8:30 a.m. Food & Farm Breakfast: The Agricultural Age Conundrum WC 606 - 607 The agriculture industry is facing an "over-the-hill" battle--farmers are retiring with no strong next generation behind them. Hear from experts on what we can do to engage the next crop of farmers. Speaker Lilia McFarland, Coordinator, New and Beginning Farmer and Rancher Program, USDA Breakfast sponsored by ADM

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8:00 – 9:00 a.m. General Session: A Window to Tomorrow Ballroom 6ABC Sheryl Connelly, Andy Jassy and Christopher Thornberg 9:45 – 11:15 a.m. Volatile Oil Prices: Optimism and Anxiety in the States WC 615 - 617 Cheaper gasoline may be a boon for consumers, but tumbling oil prices have dramatic impacts on oil and gas producers, the U.S. shale boom, the global economy and state budgets. Find out how your state could be affected. Moderator: Representative Al H. Carlson, North Dakota Speakers: Kurt Barrow, IHS Energy Aakash Doshi, Citigroup Global Market 11:45 a.m. – 12:30 General Session: Secretary Robert Gates p.m Ballroom 6ABC 12:30 – 2:00 p.m. Exhibit Hall Luncheon Exhibit Hall 4EF 2:00 – 4:30 p.m. Filling Up the Tank: Funding Transportation (Deep Dive Session) WC 611 - 614 Attend this session and you’ll create a roadmap to a sound transportation plan that creates sustainable revenue, prepares for the future and meets immediate transportation needs.

What you'll learn:  Methods to meet short-term needs for funding your state's transportation system.  The newest, bold ideas from states to create long-term, sustainable transportation revenues.  How measuring performance, prioritizing projects and strategic spending can stretch existing transportation money. Thursday, August 6

6:30 – 8 a.m. Bipartisan Bike Ride Offsite 8:30 – 10 a.m. Republican and Democrat Breakfasts 10:15 a.m. – 12:15 NCSL Business Meeting WC 6E 12:15 – 1:45 pm Closing General Session Lunch: Leadership Lessons with John Ballroom 6ABC Meacham

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NRI COMMITTEE ONLINE RESOURCES

The NCSL Natural Resources & Infrastructure Committee (NRI) is pleased to notify you of our updated website, where you can find up-to-date committee information and resources at any time.

 COMMITTEE HOMEPAGE (www.ncsl.org/default.aspx?tabid=278): Overview page for the NRI Committee including links to specific resource pages (listed below) and timely news alerts  COMMITTEE POLICIES (www.ncsl.org/default.aspx?tabid=27191): All state-federal policies that have been approved by the committee, used for NCSL’s advocacy in Washington, D.C.  NRI COMMITTEE AND CONGRESS (www.ncsl.org/default.aspx?tabid=26427): Regularly updated collection of letters and testimonies sent to the U.S. Congress, related to NRI Committee policy  NEWSLETTERS (www.ncsl.org/default.aspx?tabid=25678): 3 monthly Federal Updates covering energy & ag; environment and transportation issues and two monthly state- federal policy newsletters on transportation (Transport Report) and energy (Plugged In).  INFO ALERTS & ARCHIVES (www.ncsl.org/default.aspx?tabid=25672): A one-stop-shop for all NRI Committee-related info alerts (concise informational briefs on breaking news of interest to our committee)  MEETING RESOURCES (www.ncsl.org/default.aspx?tabid=25637): Information from recent NCSL meetings—including agendas, presentations from our sessions (when available) and other resources of interest—plus details about upcoming events  NATURAL RESOURCES & INFRASTRUCTURE BILL-TRACKING DATABASES: A series of up-to-date databases that track legislation introduced in all 50 states, the District of Columbia and Puerto Rico: o ENVIRONMENT/ENERGY (www.ncsl.org/default.aspx?tabid=13011) o TRANSPORTATION (www.ncsl.org/default.aspx?tabid=25720) o AGRICULTURE (www.ncsl.org/default.aspx?tabid=18718)

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NCSL NATURAL RESOURCES AND INFRASTRUCTURE COMMITTEE BUSINESS MEETING AGENDA

Tuesday, August 4, 2015 10:00 a.m. – 12:30 p.m.

Overview & Review of Procedures Consideration of (listed in order of consideration): Existing Policy Resolutions:  Solving America’s Long-Term Transportation Funding Crisis (pg. 19)  Climate Change (pg. 21)

Amendments to Existing Policy Resolution:

 Pollinator Health (pg. 25)

New Policy Resolutions:  Wildfire Funding (pg. 29)  Waters of the United States (pg. 31)  A Resolution Requesting U.S. EPA to Reaffirm the Current National Ambient Air Quality Standards for Ozone (pg.33)  Avian Flu Response (pg. 37)  Oil Train Safety (pg. 41)

Existing Policy Directive for Review:

 Surface Transportation Federalism (pg. 43)

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Natural Resources and Infrastructure Committee Policy Summaries Existing Policy Resolutions for Reconsideration Solving America’s Long Term Transportation Funding Crisis: This is a current policy scheduled to sunset at the 2015 Legislative Summit that urges Congress to allocate funds to states that would support state-level pilot programs to explore transportation funding alternatives to fuel taxes. Climate Change Policy Resolution: This is a current policy scheduled to sunset at the 2015 Legislative Summit that focuses on the state-federal relationship for the funding, development, and regulation of air emissions and their potential impact on the climate. Amendments to Existing Policy Resolutions Resolution on Pollinator Health: Amendments to this existing policy resolution (set to expire at the 2015 Legislative Summit) including recognizing neonicotinoids a specific danger to pollinators. Amendments sponsored by Representative Rick Hansen of Minnesota. Proposed Policy Resolutions Wildfire Funding: This new resolution urges the federal government to address budget issues for wildfire suppression and supports funding wildfires as natural disasters. Sponsored by Speaker Toni Atkins of California Waters of the United States: This new resolution expresses concern with the EPA’s Clean Water Rule that defines which waters are protected under the Clean Water Act, and urges EPA to reconsider the rule. Sponsored by Representative John Wilkinson of Georgia. A Resolution Requesting U.S. EPA to Reaffirm the Current National Ambient Air Quality Standards for Ozone: This new resolution calls upon the U.S. EPA to reaffirm the 75 ppb primary ozone standard in the current ozone standard rulemaking or issue a limit of no less than 70 ppb. Sponsored by Representative Alan Baker of Alabama. Avian Flu Response: This new resolution expresses concern with the recent outbreak in various states of the avian flu, and urges the federal government to work with states to help stop the outbreaks and prevent contamination. Sponsored by Representative Rick Hansen of Minnesota. Oil Train Safety: This new resolution supports efforts to strengthen oil and ethanol train safety rules. Sponsored by Representative Frank Hornstein of Minnesota. Existing Policy Directives for Review Surface Transportation Federalism: This existing policy directive lays out NCSL’s stance on a variety of issues related to a shared, long-term vision for financing and funding surface transportation systems in the U.S.

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1 COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE

2 POLICY: SOLVING AMERICA’S LONG-TERM

3 TRANSPORTATION CRISIS

4 TYPE: RESOLUTION

5 Revenues for our transportation system continue to decline with vehicles becoming ever 6 more fuel efficient and changing travel patterns nationwide. The Highway Trust Fund is 7 estimated to become insolvent in 2015 while state gas taxes continue to show 8 diminishing returns. The American Society of Civil Engineers has estimated America’s 9 surface transportation infrastructure faces a funding gap of about $94 billion a year 10 based on current spending levels.

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12 To respond to this well-documented funding crisis currently impacting America’s surface 13 transportation system, the National Conference of State Legislatures urges Congress to 14 support the creation of a $20 million program, with no more than $2 million available for 15 allocation to any one state, to support state-level pilot programs to explore 16 transportation funding alternatives to fuel taxes.

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1 COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE

2 POLICY: CLIMATE CHANGE

3 TYPE: RESOLUTION

4 NCSL urges the federal government to consult with state elected officials, their national 5 representative organizations and existing interstate partnerships in developing a federal 6 program. As Congress and the administration examine proposals for reducing 7 greenhouse gas emissions, the National Conference of State Legislatures encourages 8 the federal government to always take the following principles into account:

9  Federal action should be flexible, allowing for a range of complementary 10 strategies at the state and federal level maintaining a strong role for state, local 11 and tribal government in any federal action. 12  Federal legislation should provide states the authority and flexibility to work within 13 a overall framework; to apply the law effectively to all sources of emissions and 14 ensure achievement of climate change goals in the most cost effective, timely 15 and efficient manner for each state. 16  Federal legislation should not preempt state or local governments from enacting 17 policy options that differ from federal choices or from enacting stricter or stronger 18 measures within their jurisdiction. 19  Federal legislation should afford states the flexibility to form regional 20 cooperatives and implement innovative policies that advance federal efforts to 21 reduce the effects of climate change. 22  Congress must authorize and appropriate sufficient funds for federal, state and 23 local governments to implement any federal legislation. These funds should be 24 newly authorized appropriations, not reprogrammed resources. 25  Federal legislation should ensure state legislative authority in any federal climate 26 change legislation and affirm the active role played by state legislatures in both 27 fiscal and substantive aspects of state policymaking.

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28  Federal legislation providing for the allocation of greenhouse gas reduction 29 programs to states should include language making decisions related to such 30 allowances subject to state legislative approval. 31 NCSL urges the federal government, should it choose to act on this issue, to take into 32 account the following principles regarding program design components: 33  Any national system must include short, medium and long-term goals and 34 incorporate a rigorous oversight program that provide for ongoing study and 35 analysis of the system to ensure it is achieving intended goals. 36  A new national program should serve to address uncertainties that are 37 hampering investment in generation, transmission and distribution and enhance 38 the likelihood that appropriate technologies will be developed and other solutions 39 implemented so as to achieve the desired reductions in GHG emissions in the 40 most economical manner possible. 41  Federal legislation should be designed appropriately to balance competing 42 criteria, including, but not limited to, equity, economic efficiency and ease of 43 administration. 44  Revenue derived from a greenhouse gas reduction program should be directed 45 to complimentary policies focused on mitigating climate change consumer costs 46 including but not limited to energy research & development, weatherization, 47 conservation and energy efficiency activities. 48  A national program to reduce GHG emissions must also address adaptation 49 issues. 50  Auctioning of allowances may be the most economically efficient mechanism for 51 achieving a GHG emissions reductions goal. However, the allocation of 52 emissions allowances at no cost can serve as an appropriate transition measure 53 necessary to ensure continued reliability, minimize economic dislocation resulting 54 from the carbon intensity of the existing infrastructure, and allow for development 55 and deployment of needed new technologies and measures to reduce emissions. 56  Priority distribution of allowances at no cost should be to those entities in affected 57 sectors where existing regulatory structure provides the necessary oversight to

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58 ensure that the value of such allowances is accounted for in establishing price 59 rates for consumers. 60  The allocation of greenhouse gas reduction program to states under a federal 61 greenhouse gas reduction program should include language making decisions 62 related to such allowances subject to state legislative approval. 63  The establishment of any new federal program should include provisions for 64 transparent reporting and accountability and incorporate the use of third party 65 verification to ensure reported outcomes are verifiable. 66 Unintended Consequences

67 NCSL believes that federal legislation regarding the reduction of greenhouse gases 68 should take into account the implications of actions and/or inactions on economic 69 development, energy security, and those most vulnerable citizens. Evaluation should 70 include the life cycle impacts of policy options including ancillary impacts.

71 NCSL believes that federal legislation should require continuing assessments of the 72 potential impacts to the United States of climate change, by state or region including 73 effects on water resources, agriculture, infrastructure, natural systems, environmental 74 quality, public health, biodiversity and the cultures of our native peoples. Such an 75 assessment will support the development of domestic and international adaptation- 76 mitigation strategies. The Environmental Protection Agency (EPA) should provide 77 funding and assist states in developing assessments and adaptation plans at the state 78 and regional level.

79 NCSL also urges the federal government to fully consider how legislation will affect low- 80 income households that already struggle to balance needs and expenses. NCSL 81 encourages the federal government to expand and enhance long-term funding for the 82 Department of Energy's Weatherization Assistance Program and to ensure that any new 83 federal program does not undermine existing federal, state and private sector energy 84 assistance and outreach programs that assist our most vulnerable citizens.

85 Research and Development

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86 NCSL strongly urges the federal government to authorize and appropriate funding and 87 provide other incentives to spur expanded research and development (R&D), as well as 88 advance the demonstration and deployment of new and existing technologies to 89 improve energy efficiency, advance mitigation strategies and reduce greenhouse gas 90 emissions.

91 NCSL urges the federal government:

92  To ensure that legislation not limit the diversity of technologies supported, as 93 future advancements cannot be predicted. 94  To take into account state and regional differences, and not limit or specify the 95 technologies used in each state and ensure sufficient flexibility for each State to 96 determine how to best achieve nationally-set goals. 97  To promote current and future innovations and expand the use of such 98 technology through R&D transfer agreements with other countries.

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1 COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE

2 POLICY: POLLINATOR HEALTH

3 TYPE: RESOLUTION (WITH AMENDMENTS)

4 SPONSOR: REPRESENTATIVE RICK HANSEN, MINNESOTA

5 A resolution of the National Conference of State Legislatures Natural Resources and 6 Infrastructure Committee, recognizing the importance of pollinators, stressing the 7 negative ramifications of continued pollinator loss, and expressing support for federal 8 efforts to protect pollinators. 9 10 WHEREAS, farmers depend on pollinator species such as bees, ants, butterflies, birds 11 and bats to successfully produce approximately one third of all United States 12 agricultural output; and 13 14 WHEREAS, in addition to food, pollinators also are vital to the production of fibers, 15 edible oils, medicines, and other products; and 16 17 WHEREAS, urban and rural beekeepers play an important role in state and federal 18 agricultural production; and 19 20 WHEREAS, agriculture is a key driver of rural and state economies and the tremendous 21 productivity of United States farmers benefits the national economy and the country's 22 international trade balance; and 23 24 WHEREAS, pollinator loss poses a significant threat to United States agriculture and 25 the ability of our farmers to feed a growing world population; and 26 27 WHEREAS, pollinators are essential organisms in the ecosystems that provide 28 biodiversity, recreation and enjoyment for people and habitat for wild plants and 29 animals; and

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30 31 WHEREAS, neonicotinoids, one of the most widely used classes of insecticides, are 32 systemic, persistent neurotoxins that translocate throughout all parts of plants, including 33 leaves, guttation fluids pollen and nectar; and 34 WHEREAS, a large and growing body of independent, peer-reviewed scientific studies 35 demonstrate that neonicotinoids adversely impact beneficial soil invertebrates, avian 36 and aquatic organisms, contaminate water resources and soils, and contaminate the 37 pollen and nectar that is gathered by pollinators; and 38 39 WHEREAS, studies have shown that neonicotinoids are endangering pollinators 40 through acute poisonings as well as through chronic sublethal exposures, which can 41 weaken immune defenses, causing increased susceptibility to natural stressors such as 42 parasites, pathogens (bacterial, viral and fungal diseases), and poor nutrition due to 43 habitat loss and industrial agricultural systems, and studies have shown other adverse 44 effects associated with neonicotinoids, including delays in larval development, 45 decreases in queen survival and negative effects on feeding, navigational and 46 reproductive behaviors; and 47 48 WHEREAS, the United States Environmental Protection Agency has strengthened 49 pesticide labeling requirements to protect pollinators. 50 51 WHEREAS, the National Conference of State Legislatures (NCSL) recognizes the 52 serious threats posed by pollinator loss and the key roles that the federal government 53 plays as landowner and manager, regulator of pesticide products, and financial and 54 technical assistance provider to farmers and other private landowners; NOW, 55 THEREFORE, 56 57 BE IT RESOLVED by the NCSL Natural Resources and Infrastructure Committee that it 58 fully supports recent federal efforts to: develop best management practices and 59 enhance pollinator habitat on federally owned or managed lands; incorporate pollinator 60 health as a component of all future federal restoration and reclamation projects; revise

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61 guidance documents for designed landscapes and public buildings in order to 62 incorporate pollinator-friendly practices; increase both the acreage and forage value of 63 pollinator habitat in the Conservation Reserve Program and other federal conservation 64 programs; provide technical assistance in collaboration with land-grant university-based 65 cooperative extension services to federal departments and agencies, state, local, and 66 tribal governments, and other entities and individuals including farmers and ranchers; 67 assist states and state wildlife organizations, as appropriate, in identifying and 68 implementing projects to conserve pollinators through the revision and implementation 69 of State Wildlife Action Plans; assess the effects of systemic pesticides and parasites 70 on bee and other pollinator health and take corresponding action, as appropriate, to 71 protect pollinators from pesticides such as neonicitinoids and parasites; promote 72 labeling of neonicitnoid pesticides to protect pollinators; and take immediate measures 73 to support pollinators with proper habitat and nutrition during the current growing season 74 and thereafter, including planting pollinator-friendly vegetation, increasing flower 75 diversity in plantings, limiting mowing practices, and reduce or avoid, when necessary, 76 the use of pesticides in sensitive pollinator habitats through the use of integrated 77 vegetation, pest and colony management practices. 78 79 BE IT FURTHER RESOLVED that states work closely with affected individuals and 80 serve as laboratories of innovation in problem solving and policy making. Federal 81 agencies should work closely with the states to align pollinator protection efforts and 82 share best practices. 83 84 BE IT FURTHER RESOLVED that NCSL and the states are willing partners in the 85 federal government's pollinator protection efforts and will closely monitor federal actions 86 and progress on these and related efforts of utmost importance to the states and our 87 nation's food supply, urban and rural agriculture economies, environment, and natural 88 resources.

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1 COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE

2 POLICY: WILDFIRE FUNDING

3 TYPE: RESOLUTION

4 SPONSOR: SPEAKER TONI ATKINS, CALIFORNIA

5 A resolution of the National Conference of State Legislators urging the federal 6 government to address insufficient budget mechanisms for wildfire suppression and 7 expressing support for federal efforts to fund catastrophic fires as natural disasters. 8 9 WHEREAS, Wildfire suppression costs have increased dramatically in the last decade; 10 11 WHEREAS, In the past two years, the U.S. Forest Service has had to transfer more 12 than $1 billion from other programs within the agency to pay for fighting wildfires; 13 14 WHEREAS, These fire transfers deplete resources from vital fire prevention and 15 mitigation programs, including forest restoration and management activities to reduce 16 future fire risk; 17 18 WHEREAS, increased fire activity can have substantially negative impacts on air 19 quality, water quality, greenhouse gas emissions as well as reduce downstream water 20 storage as sediment runoff lowers the effective level of dams and reservoirs; 21 22 WHEREAS, reduced restoration and mitigation funding also makes it easier for invasive 23 pests and diseases to infest vulnerable forests; 24 25 WHEREAS, anticipated changes in climate will also cause fire risk to escalate in 26 drought-ridden regions, further increasing wildfire suppression costs; and

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27 WHEREAS, federal funding for wildfire suppression is currently allocated using the 10- 28 year average cost for wildfire suppression activities; and 29 30 WHEREAS, the National Conference of State Legislators (NCSL) recognizes that 31 wildfires must be managed on a regional basis and that increased risk for wildfires on 32 federal lands ultimately will lead to increased costs for state wildfire programs. 33 34 BE IT RESOLVED…. That NCSL urges Congress to address the budget structure of 35 wildland fire accounts. NCSL believes that any federal policy on wildfires should 36 minimize the risk of fire transfers from prevention and mitigation programs and support 37 federal actions that would fund catastrophic wildfires similar to natural disasters.

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1 COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE

2 POLICY: WATERS OF THE UNITED STATES

3 TYPE: RESOLUTION

4 SPONSOR: SENATOR JOHN WILKINSON, GEORGIA

5

6 The National Conference of State Legislatures expresses serious concerns with joint 7 final rulemaking from U.S. Environmental Protection Agency (EPA) and Army Corps of 8 Engineers (Corps) defining “waters of the U.S.” subject to federal regulation under the 9 Clean Water Act (CWA). 10 11 The EPA and the Corps final rulemaking on Waters of the United States has failed to 12 create a workable, balanced regulation, and instead have extended federal jurisdiction 13 to previously unregulated areas. Additionally, the rule fails to provide clarity for states, 14 local governments and many facilities on the regulation of ditches, waste treatment 15 facilities, and storm water systems. 16 17 The rule would now regulate isolated features, which had not been regulated following 18 the Supreme Court Case “Solid Waste Agency of Northern Cook County (SWANCC) v 19 U.S. Army of Engineers,” while overall jurisdiction is premised on the tributary definition, 20 which is more expansive than proposed. 21 22 Furthermore, the rule still includes problematic terms that allow for expansive 23 jurisdiction, while allowing jurisdiction based on historical conditions that no longer exist. 24 In light of the broadened definitions of waters of the U.S., the rule’s exclusions, said to 25 codify existing practice, remain too narrow and provide little relief, especially for waste 26 treatment systems and storm water controls. 27

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28 NCSL calls on Congress to pass S. 1140 that would compel EPA and the Corps to 29 withdraw the proposed rule and re-propose following appropriate federal-state 30 consultation and other due process guarantees.

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1 COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE

2 POLICY: A RESOLUTION REQUESTING U.S. EPA TO REAFFIRM THE

3 CURRENT NATIONAL AMBIENT AIR QUALITY STANDARDS FOR

4 OZONE

5 TYPE: RESOLUTION

6 SPONSOR: REPRESENTATIVE ALAN BAKER, ALABAMA

7 WHEREAS, the U.S. Environmental Protection Agency (EPA) proposed to revise the 8 2008 primary National Ambient Air Quality Standard for ozone from its current level of 9 75 parts per billion (ppb) to within a range of 65 ppb to 70 ppb, while taking comment on 10 an alternative standard of 60 ppb; 11 12 WHEREAS, ground level ozone, or urban smog, is caused by the photochemical 13 reaction of emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) 14 in the presence of sunlight; 15 16 WHEREAS, a wide variety of natural and manmade sources contribute to ozone, with 17 natural sources such as forests and crops contributing approximately one-third of smog- 18 related emissions; manmade emission sources include motor vehicles, fossil-fueled 19 power plants, refineries, chemical, and other manufacturing and industrial facilities, oil 20 and natural gas production, and small area sources such as restaurants, gas stations, 21 lawnmowers, chain saws, motor boats, dry cleaners, and auto repair shops, as well as 22 consumer and industrial products such as paints and solvents; 23 24 WHEREAS, the EPA data indicate that in 2011 the principal sources of manmade NOx 25 and VOC emissions contributing to ozone were mobile sources (52%), industrial 26 facilities and area sources (40%), and coal-based electric generating units (7%); 27

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28 WHEREAS, the EPA reports that national average ozone concentrations declined by 29 21% from 2000 to 2013 due to state and federal emission control programs, and will 30 continue to decrease due to the ongoing implementation of these air quality programs; 31 32 WHEREAS, the current 75 ppb ozone standard was finalized in 2008, EPA stopped 33 implementing it from 2010-2012 while the agency was engaged in the unusual process 34 – at the direction of the current administration – of proposing to lower the standard prior 35 to the normal five-year review cycle. In 2011, the EPA ultimately halted its consideration 36 of a lower standard at the request of President Obama who citing the importance of 37 reducing regulatory burdens and regulatory uncertainty during the economic recovery. 38 39 WHEREAS, as a result of this delay states did not learn which of their counties would 40 be designated as “nonattainment” until April 2012 delaying state efforts to develop SIPs. 41 EPA only finalized its rule on February 13, 2015. 42 43 WHEREAS, states will achieve further air quality improvements over the next several 44 years due to the implementation of existing Clean Air Act programs, including the 2011 45 Mercury and Air Toxics Standards (MATS) rule and the Tier III low-sulfur gasoline and 46 automotive fuel economy rules; 47 48 WHEREAS, the EPA’s August 2014 Policy Assessment of ozone health effects research 49 needs and priorities is virtually unchanged from the agency’s 2008 assessment, such that 50 many key areas of scientific uncertainty about the public health impacts of ozone remain to 51 be resolved; 52 53 WHEREAS, the EPA calculates that 358 counties in the nation would violate an ozone 54 standard of 70 ppb, based on 2011-2013 monitoring data, and that an additional 200 55 counties would violate a standard of 65 ppb; 56 57 WHEREAS, the EPA estimates that the annual cost of compliance with a revised 58 standard of 70 ppb would be $3.9 billion, rising to $15 billion for a standard of 65 ppb,

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59 and to $39 billion for the alternative standard of 60 ppb, making this regulation 60 potentially the most costly ever issued by EPA; 61 62 WHEREAS, the nonattainment area designations associated with potential revision of 63 the ozone standard would limit economic and job growth by restricting new and 64 expanded industrial facilities and manufacturing while raising electricity prices for all 65 industries and consumers, with adverse impacts concentrated among low- and fixed- 66 income citizens, including senior citizens and minorities; and 67 WHEREAS, retention of the current ozone standard would allow for continued air quality 68 progress throughout the nation as emission reduction programs under existing EPA 69 regulations are implemented, as demonstrated by EPA’s March 2014 air quality 70 modeling for the Tier III low-sulfur gasoline rule. 71 72 NOW THEREFORE BE IT RESOLVED: 73 That the National Conference of State Legislatures hereby calls upon the Administrator 74 of U.S. EPA to reaffirm the 75 ppb primary ozone standard in the current ozone 75 standard rulemaking; and 76 77 That, in the event that EPA determines that a revision of the 2008 standard is 78 appropriate, that the primary standard be set at a level not more stringent than 70 ppb in 79 order to avoid widespread nonattainment and related economic dislocations; and 80 81 That a copy of this Resolution should be delivered to the President of the United States, 82 the Administrator of the U.S. EPA.

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1 COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE

2 POLICY: AVIAN FLU RESPONSE

3 TYPE: RESOLUTION

4 SPONSOR: REPRESENTATIVE RICK HANSEN, MINNESOTA

5 A resolution of the National Conference of State Legislatures, expressing support for 6 federal efforts to increase funding for avian flu research and vaccine development 7 efforts. 8 9 WHEREAS, US farmers, poultry processing and food production plants supply a 10 significant portion of poultry products consumed nationally and internationally; and 11 12 WHEREAS, agriculture is a key driver of rural and state economies and the tremendous 13 productivity of United States farmers benefits the national economy and the country's 14 international trade balance; and 15 16 WHEREAS, the highly pathogenic avian influenza (HPAI) H5N1 strain is a new mixed- 17 origin virus that combines the H5 genes from the Asian HPAI H5N1 virus with N genes 18 from native North American avian influenza viruses found in wild birds; and 19 20 WHEREAS, according to the USDA, since December 2014, confirmed cases of HPAI 21 H5 have been reported in the Pacific, Central, and Mississippi flyways (or migratory bird 22 paths). The disease has been found in wild birds, as well as in a few backyard and 23 commercial poultry flocks. The Centers for Disease Control and Prevention (CDC) 24 considers the risk to people from these HPAI H5 infections to be low; and 25 26 WHEREAS, 223 detections of HPAI H5 have been reported across 15 states, with the 27 Midwest being hit the hardest, affecting over 48 million birds; and 28

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29 WHEREAS, farmers and agriculture related businesses have seen significant losses in 30 revenue and workers have been laid off or subject to reduced work hours; and 31 32 WHEREAS, according to USDA statistics, nationwide, over 11% of the nation’s laying 33 hens and over 3% of the nation’s annual turkey production have been impacted to date, 34 resulting in a significant threat to United States agriculture and the ability of our farmers 35 to feed a growing world population; and 36 37 WHEREAS state and federal governments have invested millions of dollars to address 38 the fallout associated with H5N1 and find solutions to the virus; and 39 40 WHEREAS the USDA Agricultural Research Service (ARS), Southeast Poultry 41 Research Lab (SEPRL) is working to evaluate and develop avian influenza (AI) 42 vaccines; and 43 44 WHEREAS, the National Conference of State Legislatures (NCSL) recognizes the 45 serious threats posed by the HPAI outbreak and the key role that the federal 46 government plays in harnessing resources and providing assistance to farmers and 47 others affected by the virus, NOW, THEREFORE, 48 49 BE IT RESOLVED by the NCSL that it fully supports recent federal efforts to protect 50 poultry production and the nation’s food supply by aggressively working to contain and 51 remediate outbreaks when they occur. NCSL also supports federal efforts to serve as 52 technical advisors and the clearinghouse of information for all sectors, and investigating 53 ways to stop the spread of the virus. 54 55 BE IT FURTHER RESOLVED that the NCSL strongly encourages the federal 56 government to increase the funding necessary for state and federal agencies to 57 continue development of biosecurity containment strategies, time sensitive approaches 58 to sharing information, and more aggressive research into what is causing avian

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59 influenza, why some fowl are more susceptible, and prevention measures, including the 60 development of vaccines, that can be taken. 61 62 BE IT FURTHER RESOLVED federal agencies should work closely with the states to 63 align HPAI efforts and share best practices. 64 65 BE IT FURTHER RESOLVED that NCSL and the states are willing partners in the 66 federal government's HPAI efforts and will closely monitor federal actions and progress 67 on these and related efforts of utmost importance to the states and our nation's food 68 supply, rural agriculture economies, environment, and natural resources.

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1 COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE

2 POLICY: OIL TRAIN SAFETY

3 TYPE: RESOLUTION

4 SPONSOR: REPRESENTATIVE FRANK HORNSTEIN,

5 MINNESOTA

6

7 WHEREAS, terminated carloads of crude oil on Class I railroads in the US surged from 8 9.344 in 2008 to 540,383 in 2014; 9 10 WHEREAS, more than 141 unintentional releases were reported from railroad tankers 11 in 2014 an all time high and a nearly six fold increase over the average of 25 spills per 12 year during the period of 1975-2012; 13 14 WHEREAS, US DOT predicts there will be an average of 10 oil and ethanol train 15 derailments per year over the next 20 years, causing $4 billion dollars in damage and 16 deaths and injuries in populated areas; 17 18 WHEREAS, the USDOT promulgated new rules for oil and ethanol trains in May 2015; 19 20 BE IT RESOLVED, that the NCSL supports Congressional efforts to strengthen oil and 21 ethanol train safety rules by expediting elimination of DOT-111 and CPC-1232 tank cars 22 within two years; adding speed restrictions for oil and ethanol trains in areas with a 23 population density of 20 people per square mile or more; studying the re-routing of 24 trains around urban areas; and including the railroad industry in the provisions of the 25 Federal Emergency Planning and Community Right to Know Act.

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1 COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE

2 POLICY: SURFACE TRANSPORTATION FEDERALISM

3 TYPE: POLICY DIRECTIVE

4

5 The National Conference of State Legislatures (NCSL) calls on Congress to work 6 closely with states to develop a shared, long-term vision for financing and funding 7 surface transportation systems that will enhance the nation’s prosperity and the quality 8 of life of all Americans. 9 10 The federal government plays a vital role in supporting a national surface transportation 11 system that meets national defense needs, addresses fairly and equally the mobility 12 needs of all Americans and facilitates interstate commerce. NCSL supports the 13 continuation and preservation of a federal-aid surface transportation program. The 14 federal program should direct spending to national priorities while allowing for state and 15 insular area flexibility in local and regional variations. It is also essential that the federal- 16 aid surface transportation program incorporate requirements and foster goals of other 17 national policies that impact transportation decision-making. 18 19 Recent federal reauthorizations have recognized the unique contributions of each 20 transportation mode to the productivity of the states and the nation, and to the ability of 21 this nation to compete globally in the emerging and existing international 22 economies. These laws contemplate an integrated transportation system for the 23 movement of both goods and people, with increased emphasis on adopting 24 technologies that improve productivity. NCSL urges Congress to provide states 25 enhanced programming flexibility to meet a multitude of national goals. States should 26 have maximum flexibility in deciding how to generate and leverage transportation 27 revenues and how to use state and federal dollars. The ability of states to maintain

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28 flexibility in decision making and comply with environmental and other mandates is 29 dependent upon regulatory flexibility as well as adequate and reliable funding. 30 31 National Vision 32 The surface transportation system in the United States needs a new vision to guide it 33 beyond the Interstate Highway era into the 21st century and the needs and challenges 34 that lie ahead. Congress should look at surface transportation anew, authorizing a new 35 program that better meets current and future needs for interstate mobility. 36 37 Congress must clearly articulate this new national vision for surface transportation. In 38 doing so, Congress should consider the following as federal objectives: 39  Interstate commerce and freight mobility, 40  Interstate movement of people, 41  National defense and homeland security, 42  Safety, 43  Environmental and air quality preservation and improvements, 44  Research and innovation, and 45  Economic productivity. 46 47 Congress should focus federal programs and funds on these interstate goals. In doing 48 so, Congress should heed the Tenth Amendment and not intervene in or interfere with 49 state-specific transportation priorities. 50 51 Funding and Financing 52 A federal trust fund, financed by user fees, should be retained as the primary method of 53 funding federal-aid surface transportation programs. It must provide states a sustained, 54 reliable source of transportation funding. It is critical that the Highway Trust Fund (HTF) 55 retain spending firewalls that ensure that user fees will be deposited in the HTF to be 56 used on surface transportation and will not be subject to non-transportation federal 57 discretionary spending. NCSL supports states having maximum flexibility in the use of

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58 funds they receive from the HTF. Additional surface transportation financing and 59 investment priorities include the following. 60  User fees previously collected and diverted from the HTF must be reclaimed. 61  Transit agencies, including commuter rail operations, should be exempt from 62 federal fuel or energy taxes. 63  Unobligated revenues should not be allowed to accumulate in the 64 HTF. Moreover, federal highway spending should not be artificially reduced so 65 that HTF revenues will accumulate unspent, thereby appearing to lower the 66 federal deficit. 67  Annual appropriations should equal authorized spending levels. Obligation 68 ceilings should be set and maintained to reflect gross receipts, plus interest 69 earned. 70  Any federal user fee or container fee assessed for transportation security or 71 infrastructure should provide for state flexibility in project selection and may 72 include private sector input when programming projects funded by a security or 73 infrastructure user fee or container fee. 74  User fees designated for deposit in the HTF should be made available for flexible 75 transportation usage by states. States should have flexibility in the use of funds 76 for intercity passenger rail service, including Amtrak. The federal match should 77 encourage state efforts in specific programs of national significance, but not 78 discourage flexibility in state or insular area transference of categorical 79 funds. Despite separate federal authorizing legislation for Amtrak, Congress must 80 ensure that surface transportation authorizing legislation acknowledges and fully 81 supports the role of passenger rail for ensuring interstate mobility. States that 82 invest in or otherwise support passenger rail services to complement highway 83 mobility options should be rewarded and encouraged. 84  Any examination undertaken on the advisability and feasibility of establishing a 85 federal capital budgeting program should preserve the ability of states to set 86 surface transportation infrastructure priorities.

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87  Federal formulas designed to distribute discretionary highway funds should 88 consider all state, insular area, and local efforts to fund highways and not be 89 limited to fuel taxes raised. 90  An increase in federal highway transportation funding is needed in the short-term 91 to provide sufficient funding for the next authorization to meet the new vision and 92 until a new, more stable long-term funding mechanism for surface transportation 93 can be put in place. Any fees or taxes imposed on carbon-based fuels used by 94 vehicles should be recognized as a traditional source for transportation funding 95 and should remain dedicated to the Highway Trust Fund. Congress must migrate 96 the Highway Trust Fund from a gas tax to a new national funding stream. In order 97 to accomplish this, Congress must examine innovative ways that capture all 98 system users. Congress should encourage pilot programs in states for 99 experimentation with approaches, methods and mechanisms. Any system should 100 ensure the privacy of users. 101  Apart from the existing Highway Trust Fund flows for transit, NCSL discourages 102 expansion of federal-local funding streams without appropriate coordination with 103 state legislatures as these complicate state-local relationships, financial 104 arrangements, and state match expectations for transportation programs. 105  Congress should continue to encourage and expand incentive-based programs, 106 such as the Urban Partnerships program, to spur local and regional 107 transportation innovation in full coordination with state authorities and to promote 108 the use of tolling, congestion pricing, public transit, telecommuting, real-time 109 traffic and other advanced technologies (also known as intelligent transportation 110 systems), and other strategies in a comprehensive approach to achieve 111 interstate mobility goals through urban congestion reduction. 112  All funding and financing options must be available to state legislatures for state 113 and federal-aid programs. All current federal restrictions on states' authority to toll 114 should be removed so that states can optimize resources for capacity expansion, 115 operations and maintenance while ensuring free flow of goods and 116 people. Tolling, value-pricing and public-private partnerships (PPPs) should

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117 remain state provinces and are not appropriate federal funding and financing 118 mechanisms. 119  Federal guidelines should be designed to accommodate private sector support. 120 The level of private sector participation is best determined by state and local 121 authorities, and private participation should not be a prerequisite for receiving 122 federal funds. Statutory or regulatory barriers to state and locally-granted 123 revenues should be removed. States should continue to have flexibility in 124 creating legislative and programmatic frameworks for public-private partnerships 125 (PPPs), and full authority to select and engage in PPP projects. 126  Congress should not mandate or prescribe state use of toll revenues or tolling 127 mechanisms, though Congress may seek to incentivize states to avoid 128 redirection of toll revenues to non-transportation uses. 129  Congress should continue Transportation Infrastructure Finance and Innovation 130 Act (TIFIA), Grant Anticipation Revenue Vehicles (GARVEE), private activity 131 bond, and State Infrastructure Bank (SIB) programs. Congress should expand 132 credit-based and loan guarantee programs to incentivize private sector 133 investment—particularly for freight mobility by rail, highway and waterway—in 134 projects sponsored by the public sector. 135  Congressional earmarks on transportation spending or for transportation projects 136 should represent additional funding, should be distributed from non-formula 137 funds, and should not redirect base funding. Earmarks should fit within a national 138 objective as defined in the surface transportation program's new vision and must 139 appear in a state DOT's plan. 140 141 Technology 142 NCSL endorses the U.S. Department of Transportation’s goal of deploying advanced 143 technologies known as intelligent transportation systems for consumers of passenger 144 and freight transportation across the nation. Intelligent Transportation Systems are 145 advanced wireless technologies that maximize the safety, mobility and environmental 146 performance of the surface transportation system. These services should be integrated, 147 interoperable, intermodal and voluntary.

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148 149 NCSL recognizes that the private sector and the federal government should lead in the 150 development and bringing to market of reliable and affordable ITS. The federal 151 government should also set national standards for original equipment manufacturers to 152 install the necessary technology so that states can take full advantage of the efficiencies 153 and safety benefits of intelligent transportation systems. Congress should require the 154 Secretary of Transportation to initiate a rulemaking proceeding that new motor vehicles 155 be equipped with platforms for interoperable systems that enable vehicle-to-vehicle and 156 vehicle-to-roadside communications for the purposes of active safety and electronic 157 tolling and tax collection and to provide a means of accelerating the deployment of this 158 equipment in existing vehicles. 159 160 Congress should incentivize states to explore and deploy technology for intelligent 161 infrastructure, making it a high priority and performance measurement benchmark in the 162 restructured federal surface transportation program. Privacy protections must be 163 developed and incorporated into all policies and practices governing use of intelligent 164 transportation systems and technologies. ITS should not be mandated except for 165 legitimate governmental purposes. Any information collected with such technology 166 should be governed by state laws. 167 168 The federal government should encourage states to cooperate with the private sector in 169 the development of real-time traffic information systems. 170 171 Planning 172 Congress must work with state legislators to establish in the next authorization a robust 173 and cooperative state-federal system to set system plans and priorities for federal 174 investment. Transportation program plans developed by entities other than those 175 created by the states must be coordinated with state legislatures to ensure that 176 proposals fit into state programmatic and funding plans. 177

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178 The federal government is uniquely situated to identify and collect data of importance to 179 the development of, maintenance of, and planning for a national transportation 180 system. Congress should incentivize states to share data with the federal government 181 and not use mandates to elicit participation in data collection and analysis. 182 183 NCSL supports a negotiated rule-making led by U.S. Department of Transportation, or 184 another collaborative process congressionally mandated and facilitated by the 185 Transportation Research Board or American Association of State Highway and 186 Transportation Officials (AASHTO), in which NCSL and state legislatures are fully 187 represented to determine the necessary level of and standards for uniformity among 188 states in data collection efforts. 189 190 Performance Measures 191 NCSL encourages the federal government to establish a cooperative process through 192 which performance measures can be crafted for gauging the success of 193 programs. Federal funding should not be directly linked to performance measures; 194 instead, a pilot program should be established in which states can voluntarily participate 195 to gain incentives such as additional funding or reduced regulatory burdens upon 196 successful deployment and use of performance measures. Performance measures 197 should be framed as goals for which states may determine the specific measures and 198 benchmarks. 199 200 Federal monitoring and compliance standards should accurately reflect compliance 201 effort and unique state circumstances. 202 203 Freight and Interstate Commerce 204 Ensuring the safe and timely movement of goods across the nation is an appropriate 205 federal transportation priority. Robust state-federal consultation should evaluate freight 206 flows and collaboratively plan the routes and development necessary to maintain and 207 expand the highway freight corridors. 208

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209 Rail capacity expansion should be coordinated with the states to ensure intermodal 210 cooperation and maximum public benefit. 211 212 The federal government should incentivize states to explore methods of separating 213 highway freight traffic from passenger traffic for the purposes of efficiently moving 214 interstate commerce and public safety. 215 216 Federal engagement with, and investment through, the states to ensure effective and 217 efficient movement of freight through ports or other commerce choke-points is 218 appropriate. 219 220 Environmental Issues 221 The federal government has a role to play in ensuring that national environmental policy 222 meshes with national transportation policy while assuring efficient and cost-effective 223 approaches to both goals. 224  Efforts to streamline regulatory review processes must continue so that 225 construction projects can again be realized on-time and on-budget. Congress 226 should allow and enhance states’ programmatic permitting. 227  Incentives to states to achieve environmental quality standards through 228 transportation projects should replace prescriptive federal regulation and punitive 229 funding actions. 230 231 Safety 232 NCSL supports a continued federal role in helping to set national performance and 233 safety goals. Safety programs should be expanded to incorporate emerging safety 234 issues while respecting state sovereignty. 235 Federal transportation safety programs should promote comprehensive safety programs 236 in the states. NCSL opposes the use of federal sanctions or redirection penalties to 237 enforce federal safety standards. Federal mandates that are enforced through the use 238 of "reprogramming" sanctions should be repealed. Any existing federal compliance 239 standards should reflect overall state effort to promote safety.

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240 241 Research and Innovation 242 NCSL acknowledges that federal leadership and investment in transportation related 243 research and innovation is needed and appropriate. In particular, NCSL supports 244 federal research that promotes fuel efficiency, alternative fuels, high-mileage vehicles, 245 safety and technology. Findings and best practices identified through federal research 246 should be shared fully with states in an unbiased, nonpartisan and scientific manner. 247 248 Indian Programs 249 Transportation is an important service program that provides the infrastructure upon 250 which American Indian tribes’ initiatives can be achieved. NCSL recognizes the unique 251 and extensive transportation funding needs on Indian lands. In an effort to ensure that 252 these needs are adequately addressed, NCSL supports a direct planning relationship 253 between Indian Nations and state departments of transportation. NCSL further supports 254 the continuation of the Federal Lands Program and its work with Indian reservations. 255

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