Electric Co-op Today

A bill backed by NRECA that is aimed at eliminating duplication of federal regulations on the use of pesticides and herbicides has cleared the House of Representatives, and another version has been introduced in the Senate.

Rep. Bob Gibbs

The author of the House bill, Rep. Bob Gibbs, R-Ohio, chairman of the House Water Resources Subcommittee, said it ensures that pesticide applicators, such as electric utilities, will not be subject to costly, redundant permitting requirements if they comply with current rules.

“Regardless of one’s political affiliation, duplicative and costly ‘red tape’ requirements that provide no additional health or environmental benefits just do not make sense,” Gibbs said. The bill passed March 31 on a bipartisan 292-130 vote.

Electric co-ops strongly supported the legislation, H.R. 872, because they use pesticides and herbicides to maintain rights-of-way. The Environmental Protection Agency regulates the distribution, sale and use of pesticides and herbicides under a longstanding federal law.

However, under a 2009 ruling by a federal appeals court, EPA also has sought to have pesticide applicators obtain new, additional permits under the Clean Water Act. In late March, the agency successfully requested a six-month stay of that order.

The House-passed bill effectively blocks the redundant regulation, leaving EPA’s traditional regulation intact.

“This legislation cuts through the red tape so that hundreds of thousands of farmers, foresters, public health officials and others will not be crippled by unnecessary compliance costs, threats of lawsuits and exorbitant fines,” Gibbs said in a statement.

In a letter to Gibbs, NRECA CEO Glenn English said maintaining rights-of-way is essential to the provision of safe and reliable electricity to co-op members and called H.R. 872 “a common sense bill.”

“We feel your legislation will provide the regulatory certainty that pesticide applicators need to continue business adhering to diligent compliance with [current law],” he said.

In the Senate, Pat Roberts, R-Kan., introduced S. 718, a diferent version that also deals with the pesticide regulations, on April 4. It has been referred to the Senate Agriculture Committee.

Tags: 112th Congress, Environmental Protection Agency, Legislation