Wednesday, January 28, 2009

A Bad Day for Idaho Water

The House Environment, Energy, and Technology Committee (on which I sit) met for four hours today, taking testimony on two controversial administrative rules. In the end, the Republican committee members voted to side with industry (and against the public interest, in my mind)--favoring a permanent groundwater exemption for the mining industry and joining the Realtors Association in rejecting a rule that would have brought septic system design standards into the modern age.

I received email from ordinary citizens throughout the state who opposed the groundwater exemption rule. I received just as many messages from people supporting the rule, though none live in my district and every one of them worked in the mining industry. The latter urged me to support the rule in order to protect Idaho jobs, playing on the tired and false dichotomy of jobs vs. protecting our resources and public health.

I joined my two other Democratic colleagues in voting against the mining rule and in support of the septic drain field rule, which was promulgated by the Dept. of Environmental Quality (DEQ) and supported by the state's Health Districts.

The problem with the groundwater rule is that in allowing miners to contaminate groundwater for a designated area in perpetuity, you create the risk of that contaminated water eventually migrating outside the points of compliance, thereby posing a public health concern. DEQ can and will monitor mining operations when they're active (and allegedly even after reclamation). The legitimate fear is that many years down the road, when the mining company has shut down its operations, perhaps packed up and left, or perhaps even gone out of business, should a plume of contaminated water move off-site after many years of a slow migration, taxpayers are left holding the bag in terms of clean-up/remediation.

Much discussion and discrepancies regarding the bonds that federal agencies would hold for a mining operation (and the authority that such agencies would have in enforcing groundwater protection) only reinforced my concern that such a rule would be ill-advised without an additional bond that was held by Idaho's DEQ--the only agency with statutory authority to enforce groundwater quality standards (the federal Clean Water Act does not cover groundwater).

With respect to septic systems, the DEQ was seeking to upgrade the septic drain fields dimensions/design parameters to correspond to today's typical household wastewater flow. Approximately 1 in 7 septic systems in Idaho are undersized--not large enough to accommodate the effluent flows that they're handling. Opponents argued that there is no evidence that such undersizing might be causing septic system failures, suggesting that such failures are likely almost always caused by lack of maintenance.

In discussing the technicalities of this rule, we seemed to lose sight of the impetus behind the rule--protecting public health and clean water. It seems logical that septic system standards need to be revised from time to time, as we do with building and electric codes, in response to changing times and increased consumption and demands on such systems. I asked the DEQ representative how Idaho compares to other states; we learned that Idaho has the lowest standards in the country.

The Realtors Association weighed in heavily on this issue, strongly in opposition, as they apparently have over the course of the last seven years. Rep. Wendy Jaquet challenged the Realtors lobbyist's claims that they had tried to work with DEQ on this rule but had been rebuffed. Her incisive line of questioning revealed that in fact no one from the Realtor's Association had participated in the negotiated rulemaking process during which the rule was drafted.

I firmly believe that both of these issues will once again appear before our committee, sooner or later. I hope that we will have a chance to revisit them as I regret that public health and the public good took a back seat to special interests and economic self-interest.

Sunday, January 18, 2009

The bus I'd like to ride on

I had what NPR terms a "driveway moment" today, even though I wasn't in the driveway while listening to this remarkable story about folks who were active in the civil rights movement in the middle of the previous century and are now taking a bus from Birmingham to D.C. for the inauguration. No, I was in the kitchen cooking dinner, completely engrossed by what I was hearing. And it wasn't the onions that made my eyes water.

I've been somewhat disengaged from the Obamastivities (I know, a poorly done Barackification), in part because I'm disappointed that I couldn't make the trip, but this is one story that has set the mood for me. I can only imagine (and now imagine a bit better, thanks to this story) what this inauguration means to veterans of the civil rights movement. An earlier piece on "This American Life" was equally touching--Ira Glass spoke with a man whose lifelong struggle in battling racism and discrimination meant that he had essentially been "working on the Obama campaign for over 70 years."

I welcomed the election of Barack Obama with tremendous joy, relief, astonishment, and reassurance. But the feelings that I hold about this extraordinary occasion cannot possibly plumb the depths of feeling of those who have seen, in their lifetimes, dogs and firehoses being turned on them as they exercised their constitutional rights, segregated public institutions, literacy tests at the polls, and the many other vestiges of racism that have long tainted our nation's democratic traditions.

To better understand the profundity of Tuesday's inauguration from the perspective of someone who grew up in the South, read Dan Popkey's terrific profile of Boise resident and my hero and friend Yvonne McCoy.

I still cling to hope. And there will be much of it as we celebrate Tuesday night at the Linen Building. Please come to this inaugural celebration; find the details here.

Saturday, January 17, 2009

How not to write to your legislator

I'm hearing a lot about the proposed groundwater quality exemption for mining. One note caught my attention and should be pointed out as being counterproductive. This concerned citizen wrote:

"You work for citizens, Not industry! Do your job- Protect our health, lands, waters & wildlife from toxins!"


Oddly enough, this person is writing from Oklahoma, where perhaps such discourse is considered effective. And even though I don't take it personally, such a tone is offensive to me--imagine how it sounds to one of my colleagues who hasn't even read the rule yet.

You're more likely to be heard by being respectful.

The 60th Legislative Session: Week One

I recall that when I traveled to Ecuador in 1993, as a recent college grad and a volunteer with the WorldTeach program, the first two months of my year-long sojourn were mentally and physically exhausting. The change in climate, food, water, and air was trying on the body. Meanwhile, my brain was working overtime trying to process and make sense of new customs, people, language, and circumstances. I remember returning exhausted to my host family's home, eating dinner, and hitting the hay by 8:00.

My first week in the Legislature has conjured up similar feelings. Though I no longer have the luxury of going to bed early, I feel the same sort of exhaustion--not from anything particularly demanding but just the newness of a culture I had previously visited but not really inhabited.

Some things that will take some getting used to:
1) Mail: I can walk by my mailbox every hour of the day and pick up my mail and there'll always be something new in there. Letters of introduction from agency heads and others, constituent letters, and many, many invitations
2) Invitations: Legislators are invited to breakfasts, receptions, lunches, and dinners. I attended no less than nine of these events, this week--from Midwives, Boise Metro Chamber, Idaho Education Association to IACI/Gov. Otter, BSU, Consumer Owned Utilities, and the Intermountain Forest Association. This means many more calories than I normal take in. For now, it's also an opportunity to build relationships in a context that is less formal than the Legislature. As time goes on, I'll be more selective, in terms of which ones I attend and what I eat.
3) Reading: While I generally try to read a lot from a variety of sources, this job takes my reading list to new heights (literally). Policy papers, RSs, budgets, administrative rules, constituent communications. I understand it'll get worse, not better. I want to read it all but I know I can't. Many states have legislative staffers. In Idaho, we have "legislative advisors" (aka lobbyists).

My committee assignments are Business and Environment/Energy/Technology. I wanted a seat on the Education Committee, but being the "juniorest" member of the Democratic caucus, such was not to be (though I did attend an interesting Joint Education Committee meeting earlier this week).

Here are some things I'm thinking about and looking to work on (or against):
1) Ground Water Quality Exemption for Mining: Yes, it is as bad as it sounds. Because this is an administrative rule proposed by the DEQ (see page 286), it will be difficult to stop. Both the House and Senate would need to vote to reject the rule, which is pretty uncommon. And legislators don't have the ability to revise the rule--only accept or reject it. If you're concerned about groundwater and public health, I suggest you write or call the members of the Environment, Energy, and Technology Committee and ask them to reject this rule.
2) Protecting our Children: The time has come for Idaho to pass a sensible set of rules and regulations for daycare/preschool operators, which include background checks for workers, fire safety standards, and CPR training, to name a few. Rep. George Sayler (D-Coeur d'Alene) and Sen. Tim Corder (R-Mtn. Home) are working on this bill and I will be looking to assist them, as well as lend my own insights as a preschool owner who deals with the section of Boise Code that regulates such facilities within the city limits.
3) Alternative Energy: Rep. Wendy Jaquet (D-Ketchum) and I are working on legislation that will provide incentives to those looking to generate power from alternative energy sources such as solar, biomass, cogeneration, and landfill gas (geothermal and wind are already covered by such legislation.

Of course, the focus of all legislators this session will be the budget. The situation is dire. I believe, though I don't wish this to be the case, that no budget or agency will be immune to the cuts. Revenue estimates vary widely but even the best case scenario is a sharp decline from the initial FY09 projections (which continue to be revised with each month of falling tax collections).

I'll talk more about this in a subsequent post but I believe our Democratic caucus has it right in laying out priorities: people over potholes. I said during my campaign that investments in infrastructure would be wise and I still believe that to be true; however, this is not the time to ask people to fork over their money for asphalt. Our children's education is being threatened by massive cuts to the K-12 budget. People who go hungry or who lack access to healthcare are being pinched even more in this economic climate. People with disabilities are threatened with the loss of critical services that allow them to live with dignity. People will find that the cost of higher education is out of reach and will thus lack the training and preparation needed to succeed and thrive in a rebounding economy.