Delaney: Changing Congress Signals Need for Increased Advocacy

The changing of the guard in the House and Senate should signal to the green industry that it’s time for advocacy, says Tom Delaney, director of governmental affairs for the Professional Landcare Network.

The Democrats earned control of both arms of Congress as the result of November’s mid-term election, and past experiences have shown Democrats to vote against the interests of the green industry, Delaney says.

He explains that during previous periods of Democratic power, there were more hearings, government accounting reports and more inquiry into agency work. He hasn’t seen that many GAO reports in past few years and says there haven’t been as many as there were when the Democrats were last in control.

“I think that’s still going to happen, but not as much as it did last time because older Democrats were in leadership positions then, and there are different Democrats in many of the positions now,” he explains. “Industry advocates may have a little better time communicating with them than in the past.”

Still, Delaney has a few concerns about what Democratic rule will mean for business and the green industry as a whole. He looks at past experience as an indicator.

PESTICIDE REGULATIONS. Delaney says there is speculation within the Environmental Protection Agency that more of the agents will be called upon and questioned more now regarding decisions they make.

It won’t be out of the question to have occurrences like the pesticide hearings that took place in 1989 and 1990, he says. In addition, many pesticide regulations are due for a sunset review, and politicians will likely be looking to upgrade and change older laws that are on the books.

Delaney says the EPA has an initiative to look at regulations on testing, licensing and supervising those who use pesticides. The EPA may require more people to be licensed and have additional training. There is also talk about creating a requirement for supervision of lawn care operators who use pesticides on the job.

Anti-pesticide and environmental groups will find more friendly ears with Democratic chairpersons in committees, he says. “I’m sure they felt they’ve had a harder time when the Republicans were in charge, and now they will have an easier time getting their agendas pushed.”

BUSINESSES CONCERNS. The shift in legislative power will likely cost more for the average business owner, Delaney predicts. Whenever new requirements are put in place, there is usually a cost to the business owner to put those requirements in place, Delaney says. Those business owners have little other choice than to pass the cost onto the customer.

“When dealing with services that are cost-sensitive, there’s only so much you can do to raise cost of taking care of your lawn,” he says. “When you get to certain price, people might start balking at paying money to continue service that used to be reasonable.”

It’s all relative to the economy, he points out. If the economy does well, it may not be much of a problem.

Delaney is also watching the minimum wage debate. He says if the minimum wage is raised, which is a desire of many Democrats, it may cause problems for businesses.

While many businesses are already paying above minimum wage, a raise in that wage level will cause those who are already being paid more to feel that their hourly rate should increase as well.

The shift in power isn’t all doom and gloom for the green industry. Many of the members of Congress who supported the H-2B legislation that was passed at the end of September have retained their seats through the election. In addition, the administration seems to be on board with immigration, as evidenced by President Bush’s proposal for work visas. Chairmen of the judiciary and other committees may be favorable as well, Delaney adds.

He is surprised that more Republicans don’t seem to favor work visas, considering their generally pro-business stance. He thinks they chose their actions carefully because of the election.

CALL TO ACTION. For the most part, when it comes to rallying Congress, the vacation is over.

“Numbers are increasing at Day at the Hill (the annual advocacy event PLANET sponsors), but not at a fast enough pace,” Delaney says. “We’ve had a good number of new people, and I think some of the people who have come before should see the need to come again. When things are considered rosy and going your way, people don’t feel the need to participate. It takes a crisis or change before people feel as if they have to get involved again.

“Visits to Capitol Hill, lobbying and associations are going to be critical with this new Congress more than over the last few years,” Delaney says.

Lobbyists and others in the industry need to make friends with the newly elected legislators to help them understand the industry and its needs, he says, adding those who do this are more likely to be asked opinions when there are decisions to be made regarding legislation. These representatives will then have more to think about when they go to make a decision on the floor.

The same should apply in state governments, Delaney says. Governor elections caused shifts in power in several states.

“New York has been pill for the industry for years and we had a Republican governor in there,” he says. “Now we’ve got almost an enemy of green industry and manufacturing industry, Attorney General (Eliot) Spitzer, as governor. We’re not looking at the status quo in New York; we’re heading for a rougher time, and possibly some changes.”

People are going to have to be more vigilant about what goes on in the state, local government, he says.

“Things happen quickly on the local level, and we really have to watch for initiatives that are put out there that might affect the businesses.”