Does the Policy-Making Process Affect Farmer Compliance? A Three-State Case Study of Nutrient Management Regulations

A series of fishkills in 1997 in the Chesapeake Bay were linked to Pfiesteria piscicida, a rare toxic microorganism, and to nutrient pollution from agricultural sources. Manure from poultry production on the Delmarva Peninsula was regarded as the primary source of the excess nutrients. These fishkills served as a focusing event for policy-makers in Maryland, Virginia, and Delaware to update their scientific guidance on phosphorus management, promulgate agricultural regulations, and depart from decades of relying on voluntary technical and financial assistance to improve farm-related water quality problems. This dissertation conducts a comparative case study of these three states to determine if 1) the policy-making process in each state affects compliance by farmers and 2) if the laws improved farmer nutrient management behavior. Data sources include information gathered from interviews with 60 corn farmers on the Peninsula that use broiler chicken manure as fertilizer; interviews with over 60 policy stakeholders; and reviews of primary and secondary documents. Analytical methods include: political analysis of the main stages of the policy development process; policy analysis of the effectiveness of plan-based regulations; statistical tests to determine significant differences between states regarding farmer responses to Likert Opinion Statements and questions about their nutrient management practices; logit regression analysis to determine factors influential to low manure application rates; and a review of compliance data collected by the state regulatory agencies. Answers to both research questions are, overall, "yes," though this answer depends on which dataset of compliance and which metric of improved nutrient management behavior is reviewed; there are "no" answers as well. Results of this dissertation highlight the serious difficulty of regulating dispersed nonpoint source agricultural nutrient pollution through nutrient management plans. Several findings arise, including: plan-based agricultural regulations are in reality voluntary; plans prepared by private and public sector planners result in non-uniform standards; gaining "buy-in" from rather than "alienating" the regulated community likely results in better overall outcomes; regulations that account for on-the-ground realities of farming and state regulatory capacity likely achieve better overall outcomes; and focusing events that turn out to be weak can undermine the justification for new regulatory policies

Workers at Risk: Regulatory Dysfunction at OSHA

This white paper explores the causes of the Occupational Safety and Health Administration (OSHA)’s regulatory dysfunctions and describes their negative impacts on OSHA and America’s Workers. With the decreasing power of unions to organize and press employers to implement strong health and safety programs, employees in every occupation rely on OSHA to protect them from occupational hazards. Yet, in the last decade, OSHA has dropped more standards from its regulatory agenda than it has finalized, largely due to insufficient budge authority. And the agency’s enforcement program has assessed such paltry fines for even fatality-related violations of the law that many employers see no incentive in addressing hazards, much less developing precautionary health and safety programs. After describing OSHA’s problems in detail, this paper outlines a number of reforms that could enhance the agency’s performance. Although certain aspects of the Occupational Safety and Health Act could use improvement, the recommendations in this paper focus on regulatory reform—administrative actions that OSHA could implement in the short term.The Kay Bailey Hutchison Center for Energy, Law, and Busines

Iowa Department of Commerce, Iowa Utilities Board Division Performance Report, FY 2004

Agency Performance Repor

Article X: Specific Measures to Achieve Implementation

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Substance Use Disorder Treatment Confidentiality Boot Camp

[Excerpt]: INTRODUCTION: The Health Law and Policy Programs at UNH School of Law, Institute for Health Policy and Practice, and the NH Citizens Health Initiative have contracted with several of the New Hampshire Building Capacity for Transformation Delivery System Reform Incentive Payment (DSRIP) Integrated Delivery Networks (IDN) to provide technical assistance to the IDNs as they develop confidentiality tools related to substance use disorder services projects. A UNH Team assisted the IDNs by providing an educational summary of federal and state confidentiality requirements, focusing on 42 CFR Part 2, and hosting IDN interdisciplinary teams in three Substance Use Disorder (SUD) Treatment Confidentiality Boot Camp sessions providing technical assistance to assist each IDN partner with their SUD confidentiality project goals. The “boot camp” consisted of several guided meetings with assigned homework to follow, leading to the ultimate development of processes, plans, and draft forms and policies to implement Part 2 confidentiality. The process incorporated learning from the Citizens Health Initiative’s existing New Hampshire Behavioral Health Integration Learning Collaborative. The Project was implemented during half-day working sessions between May 15 – July 30, based upon the availability of IDN interdisciplinary teams and as arranged in collaboration with the IDNs. The IDNs committed to including project leaders with knowledge about and authority to investigate issues regarding projects, patient flow, and privacy. The project teams were multi-disciplinary. IDN participants were encouraged to review issues, forms, and ideas with their individual legal counsel at any point. The technical assistance provided as part of this project is not and does not take the place of legal advice

Unfunded Mandates Reform Act: History, Impact, and Issues

[Excerpt] The Unfunded Mandates Reform Act of 1995 (UMRA) established requirements for enacting certain legislation and issuing certain regulations that would impose enforceable duties on state, local, or tribal governments or on the private sector. UMRA refers to obligations imposed by such legislation and regulations as “mandates” (either “intergovernmental” or “private sector,” depending on the entities affected). The direct cost to affected entities of meeting these obligations are referred to as “mandate costs,” and when the federal government does not provide funding to cover these costs, the mandate is termed “unfunded.” UMRA incorporates numerous definitions, exclusions, and exceptions that specify what forms and types of mandates are subject to its requirements, termed “covered mandates.” Covered mandates do not include many federal actions with potentially significant financial impacts on nonfederal entities. This report’s primary purpose is to describe the kinds of legislative and regulatory provisions that are subject to UMRA’s requirements, and, on this basis, to assess UMRA’s impact on federal mandates. The report also examines debates that occurred, both before and since UMRA’s enactment, concerning what kinds of provisions UMRA ought to cover, and considers the implications of experience under UMRA for possible future revisions of its scope of coverage. This report also describes the requirements UMRA imposes on congressional and agency actions to establish covered mandates. For most legislation and regulations covered by UMRA, these requirements are only informational. For reported legislation that would impose covered mandates on the intergovernmental or private sectors, UMRA requires the Congressional Budget Office (CBO) to provide an estimate of mandate costs. Similarly, for regulations that would impose covered mandates on the intergovernmental or private sectors, UMRA requires that the issuing agency provide an estimate of mandate costs (although the specifics of the estimates required for legislation and for regulations differ somewhat). Also, solely for legislation that would impose covered intergovernmental mandates, UMRA establishes a point of order in each house of Congress through which the chamber can decline to consider the legislation. This report examines UMRA’s implementation, focusing on the respective requirements for mandate cost estimates on legislation and regulations, and on the point of order procedure for legislation proposing unfunded intergovernmental mandates

Opportunities for improving environmental compliance in Mexico

Survey evidence from Mexico reveals large observed differences in pollution from factories in the same industry, or the same area, or operating under the same regulatory regime. Many factories have adopted significant measures for pollution control and are in compliance with environmental regulations, but some have made little or no such effort. For lack of data, systematic research on the reasons behind such variations in plant-level environmental performance (especially on how impediments to pollution control affect plant behavior) is rare, even in industrial societies. Drawing on a recent plant-level survey of Mexican factories, the author identifies a number of performance variables characteristic of compliant and non-compliant plants, as well as factors that no-compliant plants perceive to be obstacles to pollution control. Non-compliant firms made less effort than compliant firms to change materials, used, to change production processes, or to install end-of-pipe treatment equipment. They had significantly fewer programs to train their general workers in environmental responsibilities. They lagged behind in environmental training, waste management, and transportation training. They received less technical training, especially about the environment, environmental policy and administration, and clean technology and audits. Responses about obstacles to better environmental performance included scarcity of training resources, government bureaucracy, high interest rates, and Mexico's lack of an environmental protection culture. Respondents said that senior managers did not emphasize the environment, assigned more priority to economic considerations, and were not trained in the subject. Most important, however, little information was available about Mexico's environmental policy. These findings suggest the importance of technical assistance - especially training and information. In Mexico, the information gap on policy is a major problem. Mexican environmental agencies should invest more in technical assistance and environmental training targeted to non-compliant enterprises. Environmental education, especially of senior managers, could significantly improve pollution control. Maintaining close contact with non-compliant firms, designing programs targeted to them, and pursuing them systemically should increase their responsiveness to regulations.ICT Policy and Strategies,Environmental Economics&Policies,Public Health Promotion,Water and Industry,Health Monitoring&Evaluation,Environmental Economics&Policies,Water and Industry,Health Monitoring&Evaluation,ICT Policy and Strategies,Agricultural Research

Plan Management: Issues for State, Partnership and Federally Facilitated Health Insurance Exchanges

Examines the state's plan management function of insurance exchanges under federal healthcare reform, including overseeing the licensing and solvency of plans, network adequacy, benefit and rate review, marketing and regulation, quality improvement