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NCSL Legislative Summit
 Register today for NCSL's August 12-15 Legislative Summit in Atlanta, Georgia. Experience this great American city as you connect with colleagues from across the country. More
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Radon Policies and Programs-A Webinar for State Legislators and Legislative Staff
 Radon is the second leading cause of lung cancer in the U.S., accounting for more than 20,000 deaths per year. This webinar will give legislators and legislative staff information about how states and the federal governed are working together to address this public health threat. More
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On the Road to Nowhere
 In this May 2013 article in State Legislature magazine, states confront the challenges of what do with the growing amounts of nuclear waste. More
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Military-Community Cooperation: State Legislative Approaches Webinar
 This NCSL Webinar is the first of two in a series of educational webinars designed to help state legislators and legislative staff understand the role of state legislatures in communication and cooperation between military bases and surrounding communities. More
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Energy and Environment Legislation Tracking Database and Environmental Health Database
 The National Conference of State Legislatures tracks both energy and environment as well as environmental health legislation with these two databases. More
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Minimizing Encroachment on Military Installations
 Land use near military installations is a growing issue for state legislatures and the armed forces. Read about encroachment - the term used by the U.S. Department of Defense to refer to incompatible uses of land, air, water, and other resources - and how states are passing legislation to protect both the mission of military installations and the wellbeing of surrounding communities. More
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Hot Topics: Environment & Natural Resources
Environment and Natural Resources
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NCSL tracks a wide range of issues and at any one time some topics are of particular interest to legislators and legislative staff. On this page you will find issues of key concern in the area of Environment and Natural Resources.
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Floodplains. This page contains policy briefs, magazine articles, and summaries of legislation designed to restore and protect floodplains.
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Healthy Homes. NCSL, along with the National Center for Healthy Housing (NCHH), have collected state landlord-tenant codes that address health concerns in housing.
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NCSL Energy and Environment Legislative Tracking. This database contains information on state legislation relating to energy and environment issues.
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NCSL Environmental Health Databases. These databases contain information on state legislation relating to environmental health issues.
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NCSL Healthy Community Design Legislative Tracking. Summaries of bills that focus on strategies that increase access to healthy food and opportunities for including physical activity into one's daily routine.
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State Legislative Update: Environment and Natural Resources. Legislators across the country have introduced and passed legislation this year limiting BPA in children's products, requiring the recycling of electronic waste, urging congress to open Yucca Mountain, encouraging rainwater harvesting and much more.
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Transportation, Public Health, and Environmental Health. State Transportation policy and funding are at a critical juncture in the United States. Faced with budget shortfalls and a host of other challenges, state legislatures are exploring and enacting a number of innovative policies to ensure that the future mobility needs of all Americans are met in a manner that is fiscally sound and supports a broad range of policy goals, including public health and environmental health needs.
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Wetlands. This page contains policy briefs, magazine articles and summaries of legislation designed to restore and protect wetlands.
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Water Resources. Summaries of state legislation and statutes relating to water access, quality and resources are located on this page.
Overview: Environment & Natural Resources
Overview: Environment and Natural Resources
NCSL tracks environmental protection issues in six major categories: air quality, environmental health, environmental cleanup, healthy community design and water quality.
Air Quality remains one of the most prominent legislative concerns. The federal U.S. Environmental Protection Agency relies on states to implement and enforce provisions of the Clean Air Act, requiring state legislatures to authorize their state agencies to administer the act. Recent federal actions include designation of ozone and fine particulate matter nonattainment areas by the EPA. States programs are to prepare, and have EPA approve, state implementation plans, the strategy for the state to meet the requirements of the Clean Air Act.
Nuclear Waste Cleanup encompasses a range of waste categories. The focus of state solid waste management efforts has been on recycling in recent years, especially electronic waste. Transporting and disposing of high-level radioactive waste is receiving prominent national attention as the federal government attempts to cite a permanent repository for spent nuclear fuel that is currently stored on-site in three-fourths of the states. Environmental management of radioactive waste found in former nuclear weapons facilities is also a major concern.
Environmental Health concerns include indoor air quality, food safety, mold and dampness, asbestos, lead hazards, asthma and radon. Although EPA has several regulations regarding environmental health, states (for the most part) are free to adopt provisions of environmental health without federal oversight. Every state has some laws regarding environmental health, some being more comprehensive than others. Florida and Texas has laws regulating mold in housing; Illinois (along with 9 other states) has comprehensive laws on radon reduction; Massachusetts and Maryland regulate lead hazards in housing. Each of these laws are independent of federal requirements.
Healthy Community Design links public health benefits to community design. State and local governments are increasingly seeing the value of incorporating walking and biking opportunities and access to health foods into land use, transportation, education, agriculture and health policies. “Healthy community design” means designing and planning for development that achieves health goals in addition to other community goals, such as urban revitalization or promotion of the arts. In healthy communities, residents and policymakers collaborate to make decisions about how the communities will change and/or grow in ways that allow people to choose healthy behaviors. These decisions include where schools and markets that offer healthy foods are located, how much green space and farmland are conserved, and the transportation options that are available. Legislation addressing healthy community design can be tracked on NCSL's Healthy Community Design Legislative database.
Water quality and water resources concern states. Water quality is regulated through the Clean Water Act and Safe Drinking Water Act, both programs are delegated to the states. Water resources, such as water appropriations, coastal cleanup, invasive water plant and animals, stormwater flows also involve policy direction from the state legislatures.
NCSL staff working on environmental protection issues include: Doug Farquhar for general environmental questions, Glen Andersen for questions related to air quality and climate change, Scott Hendrick for environmental health and nuclear waste, Larry Morandi or Brooke Oleen for water quality and resources, and Douglas Shinkle for healthy community design in NCSL's Denver office. Tamra Spielvogel directs environmental programs in the Washington, D.C. office.
The Denver office phone number is (303) 364-7700. To contact the Washington, D.C. staff call (202) 624-5400. General email for environmental protection issues is environment-info@ncsl.org.
Natural Resources
NCSL tracks natural resources issues in four major categories: eminent domain, fishing, hunting and wildlife, forestry, land use management, and water resources.
Eminent domain is the physical taking of private property by government for a public use requiring just compensation. It traditionally has been associated with public facilities such as government buildings, roads and reservoirs. There has been increasing interest in its use by local governments struggling to generate jobs and tax revenue for economic development projects that may benefit a community but also confer significant benefits on private parties. NCSL's Environment, Energy and Transportation Program is tracking state eminent domain legislation in response to the U.S. Supreme Court's decision in Kelo v. New London (June 23, 2005), which upheld the use of eminent domain for economic development purposes. The legislation primarily addresses questions of whether eminent domain should be authorized, restricted or prohibited for economic development purposes, and what constitutes "public use" under state law.
Fishing, hunting and wildlife issues focus on the United States' appreciation and understanding of the land, waters and wildlife through participation in associated recreational activities. Fishing and hunting statutes address restrictions on these activities with the states while wildlife statutes explore liability issues for the damage caused to crops and property. There are extensive state and tribal resources available for the development and implementation of programs that benefit wildlife and their habitat.
Forestry issues have received significant attention in recent years as a result of wildfire concerns and subsequent consideration of state and federal policies for healthy forests and forest thinning. There has been a growing emphasis on addressing wildfire problems at the urban-rural interface as new housing and development activities penetrate traditionally rural areas. Forest fire legislation was considered by at least 28 states during the 2003 legislative sessions. Prescribed burn statutes are on the books in at least 16 states. Other important state forestry bills considered in 2003 dealt with forest management policies.
Land use management issues have focused on two primary areas: state and local land use planning that attempts to encourage development in areas that have sufficient infrastructure in place to service the development; and land conservation measures to preserve open space as a hedge against sprawl. Since 1997, the year the term "smart growth" was coined by Maryland Governor Parris Glendenning, at least 25 states have enacted some form of new growth planning or open space preservation legislation. The Growth Management Legislation Database addresses topics such as conservation easements, mixed-use development and tax credits. Recent state actions include passage of 64 ballot measures in 16 states on November 4, totaling $1.2 billion in revenue to fund land conservation projects.
Water resources issues have concerned themselves primarily with changes in water allocation laws. States have pursued legislation aimed at water conservation and more efficient water supply interconnections to ensure a stable water supply. With water shortages, states have amended existing or enacted new water allocation laws. This has been especially so in eastern states, where unmanaged riparian systems have affected many states' ability to monitor water use and respond effectively to drought. Population growth and water shortfalls have led to interstate battles over water supplies as well, particularly among Alabama, Florida and Georgia. On the positive side, California and the six other states that share the Colorado River Basin have reached an agreement that confirms the allocation formula contained in the 1922 compact, and implements water conservation and transfer measures in California that were passed by the legislature.
NCSL staff working on natural resources issues include Larry Morandi and Brooke Oleen in the Denver office, and Tamra Spielvogel in the Washington, D.C. office.
NCSL Environment Committee
Scott Hendrick and Tamra Spielvogel are the NCSL contacts for the NCSL Environment Committee. |
Climate Change and Air Quality
Climate Change and Air Quality
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Air Quality
Air quality remains one of the most prominent legislative concerns. The federal U.S. Environmental Protection Agency relies on states to implement and enforce provisions of the Clean Air Act, requiring state legislatures to authorize their state agencies to administer the act. Recent federal actions include designation of ozone and fine particulate matter nonattainment areas by the EPA. States programs are to prepare, and have EPA approve, state implementation plans, the strategy for the state to meet the requirements of the Clean Air Act.
NCSL offers information, research, legislation summaries and technical assistance to legislators and legislative staff on air quality issues. Issues covered include such topics as multipollutant strategies, emissions trading, greenhouse gas emissions, alternative fuel vehicles, regional haze, MTBE and transboundary pollution.
NCSL produces a variety of written reports including articles for NCSL's magazine State Legislatures. It also offers technical assistance to state legislatures. Technical assistance may include testimony at legislative committee meetings by NCSL staff or outside resource persons, state-specific research and policy analysis, or bill review and drafting assistance. Contact the NCSL staff listed below for details on requesting technical assistance or help with other clean air questions.
Related Links
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Water
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Land Use
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Land Use, Environmental Protection and Military Installation Sustainability
Critical military installations and ranges that were once located in rural areas of our country now increasingly neighbor large civilian populations, which creates unintended nuisance hazards and land-use conflicts for the military’s new neighbors. This “encroachment” ultimately puts the military mission and the neighboring state and local economies at risk. Although Department of Defense (DoD) facilities around the country are federally owned and operated, state legislatures can play an important role in sustaining them. Land use planning can be used to balance sound environmental protection and public safety with the vital economic benefits that a local military installation provides these governments. Well-crafted state legislative and regulatory efforts and, most importantly, strong partnerships with the neighboring communities and state governments are an integral part of that solution.
Here are the key issues covered by this part of the website:
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Natural Resources
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Conserving and using natural resources in a balanced manner that provides environmental and public health, recreational and economic benefit is one of the largest challenges state lawmakers face. States are working on a wide variety of natural resource issues, including protecting watersheds, managing wildlife, providing hunting and fishing opportunities, protecting forests and operating state parks.
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Waste
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The National Conference of State Legislatures staff researches information covering a wide range of waste topics, including electronic waste, state bottle bill programs, nuclear waste and state waste tire programs. The burgeoning accumulation of solid waste of all types has focused state attention on the three R's of waste management: reduction in the source of waste, reuse of products and materials, and recycling. Other solid waste topics include composting, litter and landfills.
The exponential growth of electronic waste or e-waste during this decade - much of it toxic - from discarded computers, cell phones, televisions and other products poses a nationwide problem. According to the International Association of Electronic Recyclers, 3 billion electronic units will be scraped this decade.
Nuclear Waste Cleanup encompasses a range of waste categories. Transporting and disposing of high-level radioactive waste is receiving prominent national attention as the federal government attempts to cite a permanent repository for spent nuclear fuel that is currently stored on-site in three-fourths of the states. Environmental management of radioactive waste found in former nuclear weapons facilities is also a major concern.
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Environmental Health
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Environmental factors that influence human health are the cornerstone concerns of environmental health. These concerns include diverse factors such as childhood lead poisoning, asthma triggers, indoor air quality issues such as mold and radon, and exposure to asbestos and pesticides.
NCSL's Environmental Health Project assists state legislatures in their efforts to address these and other environmental health concerns. NCSL tracks state’s environmental health legislation and provides research and analysis on environmental health threats. NCSL is a leading resource for state legislators, legislative staff, and others on bipartisan policy responses to environmental health threats.
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Healthy Community Design
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 Healthy community design links public health benefits to community design. State and local governments are increasingly seeing the value of incorporating walking and biking opportunities and access to health foods into land use, transportation, education, agriculture and health policies. “Healthy community design” means designing and planning for development that achieves health goals in addition to other community goals, such as urban revitalization or economic development. Healthy communities policies include farm-to-school, complete streets, safe routes to school, community gardens, financing for healthy food retail in “food deserts” among other policies. This section also covers legislation dealing with tattoos, scarring, and tattoo parlors.
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Federal issues
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Other Issues
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Issues & Resources
Find the NCSLstaff member who handles the issue in which you are interested.
NCSLprovides access to current state and federal legislation and a comprehensive list of state documents, including state statutes, constitutions, legislative audits and research reports.
Members
As legislators and legislative staff, you are part of the nation's largest, most influential and only bipartisan organization of state legislators and staff.Learn about the resources NCSL has for you.
NCSL offers an array of services for legislative staff. Find out what's available.
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