Regulatory Certainty

[Mike Brown]

NASCA is working on a project dealing with regulatory certainty. By this, we mean agricultural producers agreeing to implement some enhanced suite of BMPs in exchange for the guarantee that regulators at some level will not change regulatory requirements for these producers. We are attempting to canvass every state conservation agency to ascertain whether that state has a certainty program or is in any stage of developing one. We are currently aware of these programs in Texas, Louisiana, Michigan, Virginia, Minnesota, New York, and Massachusetts. Would you please let me know if your state has a regulatory certainty program or is considering developing one? Thanks for your quick reply, as it will save us time in making phone calls to each state.

Mike Brown

[Mark Clark]

Washington State does not currently have a certainty program. We are exploring one. ESA listing and tribal participation are a couple pieces to our process that some of the other examples do not have. We will keep you posted as to progress. Ron Shultz is our staff lead.

[Cindy Lair]

We are presently exploring the possibility of an ag certainty program with our agricultural stakeholders. If we don’t have a clear feeling that they want the Dept of Ag to offer such a program, we simply won’t take it any further. NASCA members who already implement these programs have been EXTREMELY helpful to me as I have been conducting my research.

[Thayne Mickelson]

Utah is in the process of developing some certainty for producers which exhibit quality environmental stewardship. We have some items now in code. The establishment and development of the Environmental Stewardship Certification Program in code at the Department of Agriculture/Utah Conservation Commission Division. There are some time certainties that were inserted into code this year along with the requirement of developing rules for the program. Four sectors of agriculture have been identified. The Farmstead, Animal Feeding Operations, Grazing and Pasture Management, and Cropping Systems. We have yet to develop some financial incentives, reprieve from state issued fines in case of accidental discharge, and some legal certainties. We are working on that now. Although the website is still in draft form, you can see quite a bit of information about the program.

[Teri Murrison]

Nothing in Idaho

[Louise Lawrence]

Maryland 2013 legislature authorized Md Dept of Agriculture to develop Certainty Program. We will be developing regulations in next 12 months

[Jim Gillespie]

Iowa is not working on the development of a certainty program. We just completed the development of a “Nutrient Reduction Strategy that is still being reviewed after receiving over 1,700 comments. We do not see a reason to develop a certainty program in Iowa to prevent regulation when we don’t know what that regulation is or will be. We are going to work with farmers, growers, and ranchers with a voluntary approach to better utilization of nutrients that will protect the soil and water.

[Scott Carlson]

Kansas is still in the discussion phases. We currently do not have a program.

[Brian Farkas]

West Virginia does not have a certainty program. There have been meetings with other state and federal agencies discussing such a program for West Virginia, but for now it’s just talk.

[Stephanie Martin, Virginia Dept of Conservation and Recreation]

Virginia now has Final Regulations for the Resource Management Plans voluntary program with a projected implementation date of December 2013. Website address for RMPs is http://dcr.virginia.gov/laws_and_regulations/lr7.shtml. Contact person is James Davis-Martin at James.Davis-Martin@dcr.virginia.gov or Stephanie Martin at Stephanie.Martin@dcr.virginia.gov. Please do not contact the Virginia Association of Soil and Water Conservation Districts (VSWCD)for information – this is a Commonwealth of Virginia program that the 47 Soil and Water Conservation Districts in Virginia have roles and responsibilites outlined in the Regulations.

[Mike Thralls]

Oklahoma does not have a certainty program, however, we have had initial discussions with NRCS, Oklahoma’s Secretary of Agriculture and the agency about developing a program that would be available in a selected groups of threatened watersheds.

[Greg Foley]

Kansas does not have a certainty program.

[Shana Joy]

There are no plans for or established certainty programs in Alaska at this time.

[Brent Dykes]

GA does not have such a program

[Richard Castelnuovo]

Wisconsin has included a provision in our nutrient managment rule to provide certainty for producers who develop a compliant plan. Under ATCP 50.04(3)(i), Wis. Admin. Code: A landowner is rebuttably presumed to comply with this section if the landowner complies with a nutrient management plan that is prepared or approved by a nutrient management planner, other than the farmer, who is qualified under s. ATCP 50.48.” See http://docs.legis.wisconsin.gov/code/admin_code/atcp/50.pdf

[Pat Harris]

NC does not have a certainty program.

[Louise LAwrence]

MD certainty program allows producers to enroll agricultural land that meets current TMDL water quality thresholds and avoid additional requirements for a period of 10 years. Regulations for program final 1/5/15. Program will be initiated in January, 2015.

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