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Chapter Delegates Corner

By Ray Wadell PTGA Chapter Delegate:

We are looking for input from our membership on GCSAA policy news. Please feel free to offer your thoughts to out chapter delegate

rpwgolf@moscowmail.com

News Items:

1) Summary of Chapter Delegates Meeting November 1, 2011

Value of membership, member standards, field staff highlight agenda

“Ask and you shall receive” was the theme for the 19th GCSAA Chapter Delegates Meeting, conducted Oct. 28-29-30 at GCSAA headquarters in Lawrence, Kan., and the Airport Hilton in Kansas City, Mo.

Association executive staff and elected leaders solicited feedback and frank discussion on a multitude of topics and charged attendees to communicate with their respective chapters upon their return home. GCSAA Vice President Sandy Queen, CGCS set the tone in his welcome to the delegates saying “we want to hear from you. It is vital that you share this information with your chapters.”

Second-year delegate Tim Powers, CGCS representing the GCSA of Northern California appreciated the forum which gave him the opportunity to learn more about GCSAA programs and the priorities of the association. “It’s obvious that we have terrific leadership that is extremely qualified and doing good things during these challenging times,” Powers said.

As is traditionally the case, approximately one-third of the delegates were attending the meeting for the first time. The mixture of experience among attendees created a positive environment for interaction, learning and information sharing.

“It gives you a sense of ownership and having a say,” said first-time attendee Class A member Troy Martin of the Miami Valley GCSA. “The board and staff have done a fantastic job in creating an environment to contribute and share ideas. I attended the Leadership Academy last year and I left impressed with what GCSAA was doing for the members. This meeting only reinforces that. I’m energized to go back to my chapter to share the information.”

Value of Membership
GCSAA President Bob Randquist, CGCS repeated a message that he has emphasized throughout his term in office: GCSAA must enhance the value of membership and demonstrate it to the members. He outlined several new programs implemented in the past year including expansion of the field staff program, creation of a new job board, growth of social media, a new website, new resources to enhance sustainability of the golf facility and the online Self Assessment Tool to measure member competency and identify resources to facilitate improvement.

This discussion and an open town hall meeting format generated many suggestions as to how GCSAA might increase and demonstrate value, with many ideas focused on delivering value at the chapter level through field staff and enhanced use of technology.

Second-year delegate Jeff Berg, Class A member representing the Virginia GCSA said the many ideas offered were a by-product of the board’s willingness to listen and engage the delegates. “Sometimes it’s good to shake things up a little,” Berg said. “Stirring the pot is not necessarily a bad thing if it’s done positively. We came out of the weekend with items on which both GCSAA and the chapters can take action.”

Field Staff Expansion
Randquist elaborated on the field staff program, noting that four regions (Florida, Great Lakes, South Central, Southwest) were staffed and two more would be assigned by the end of 2011 (Northeast, Northwest). All nine GCSAA regions are slated to have resident field staff by the end of 2013. He said the directive for the program remains unchanged: to create a greater link between the association and its chapters – something he believes is happening “to an even greater degree” than he had expected this early in the program.

GCSAA staff also provided several examples of the activities where field staff have helped to facilitate chapter effectiveness through association programs including strategic planning, advocacy, membership growth and allied association relations. A roundtable discussion was conducted among smaller groupings of delegates to examine areas for opportunity and measures of success for field staff. The feedback was loud and clear that the program had great potential to create an even greater impact in the future.

“I was one of the early naysayers,” Minnesota GCSA delegate Kevin Clunis, CGCS said. “But once we began hearing about the successes and how it was helping chapters, my president asked me ‘how fast can we get ours?’ I’m sold on it.”

Member Standards: 10 Years Later
For Randquist, the meeting featured a bit of a “Back to the Future” moment with the introduction of the Member Standards Advisory Group which has been formed to take a strategic look at the impacts the membership standards have had on the association and its members. It has been 10 years since members approved the implementation of member standards by a 3 to 1 margin. Randquist, who served on the group that coordinated the development of those standards, said the current board felt the review was prudent, but not based on any preconceived notions.

“Ultimately there may be no changes to the standards,” Randquist said. “But the board felt enough time had passed since the implementation that we could get some feedback on the impact. We selected the advisory group, but that is as far as we went. What they find will not be directed by the board.”

The group, which will work independent of the board, will review the impact of the standards to determine if the goals are being met, if there have been any unintended consequences, and make recommendations to the board on a future course of action in regards to standards. The 11-member group will be chaired by GCSAA Past President Sean Hoolehan, CGCS and with GCSAA Past President Tim O’Neill, CGCS serving as vice-chair. It will feature a diverse cross section of the membership including certified members, Class A, SM and C representatives. There is no firm deadline for the group’s report, but an update on the group’s progress will be delivered at the 2012 Chapter Delegates Meeting.

Additional Discussion Items/Activities
• It was announced that beginning Nov. 1, GCSAA webcasts would be free of charge for all members.
• It was announced that members wishing to apply for certification can now do so immediately upon attainment of Class A status. The additional requirements of one year as a Class A and 5.0 education points have been removed.
• GCSAA continues to grow its collaboration with allied golf associations to strengthen the game of golf. It is imperative that representatives of those organizations on the facility level work in the same fashion to affect positive change as well.
• Newly appointed chief operating officer Richard Konzem was introduced.
• Candidates running for board and officer positions made presentations and hosted breakout discussions
• An in-depth presentation on GCSAA government relations efforts revealed collaboration among staff, chapters and allied associations is having a positive impact.
• Four chapters made presentations on programs they have instituted with the assistance of GCSAA resources in the areas of BMP development, media/public relations, strategic planning and government relations.
• The GCSAA promotional package on the Golf Channel was well-received and supported as an important investment of funds.
• Outlined were new features for Conference and Show, and the National Championship and Golf Classic including education programs, networking opportunities and cost-saving options available to attendees. This includes a chapter incentive program for golfers who have not participated in the tournament in the past two years.

Presentations Available Online
The meeting’s presentations are available online at:
http://www.gcsaa.org/Community/Chapter-Delegates-Meeting/2011-Chapter-Delegates-Meeting.asp

2) Change to Certification Requirements
Update: As of Nov. 7, 2011, the following changes have been made to GCSAA's certification program: Members wishing to apply for certification may now do so immediately upon attainment of Class A status. The additional requirements of one year as a Class A member and 5.0 education points have been removed.

3) H-2B wage rule effective date delayed; other H-2B action
Two lawsuits have been filed to stop H-2B wage rule increase
Recent grassroots and Congressional action has yielded several updates regarding the status of the H-2B visa program, including a 60-day delay of the wage rule from Sept. 30, lawsuits that seek to prohibit the rule from going into effect, and a Senate Appropriations Committee amendment blocking funding of the wage rule.
In a major development, the Department of Labor announced Sept. 22 that it would delay implementing the Sept. 30 effective date of the new H-2B visa wage rule by 60 days. A formal announcement in the Federal Register is forthcoming. The delay helps the DOL avoid administering the H-2B visa program under potentially conflicting court orders. Read more about the delay.
Two federal lawsuits have recently been filed against the DOL in an attempt to stop implementation of the new H-2B visa wage rule. The first lawsuit, filed in U.S. District Court in Louisiana, asks that a temporary restraining order be issued to prohibit the rule from going into effect. Plaintiffs include the Outdoor Amusement Business Association, the American Hotel and Lodging Association, and the American Shrimp Processors Association. The second lawsuit, filed in U.S. District Court in Florida, challenges the proprietary of the wage rule concerning the computation and implementation of the prevailing wages for H-2B visa holders. Plaintiffs include the Professional Landcare Network, the National Hispanic Landscape Alliance, and the New York Thoroughbred Horsemen's Association. GCSAA is supporting this litigation effort. If your facility would like to help support this lawsuit with a financial contribution, please contact Chava McKeel, 785-832-3619.
In another lawsuit development, the federal judge overseeing the H-2B wage lawsuit in Florida granted a temporary restraining order on Sept. 26 against the DOL and set a hearing on a permanent injunction for Oct. 3.
Finally, an amendment to prohibit any federal funds from being used to enforce the H-2B visa wage rule was adopted Sept. 21 by senators Barbara Mikulski (D-Md.), Landrieu, and Lindsey Graham (R-S.C.), as part of the FY2012 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill.
GCSAA thanks all members and chapters who have played a role in helping protect a program vital to the success of many U.S. golf facilities.

4) Americans with Disabilities Act (ADA)
Issue information

ADA resources
• U.S. DOJ adopts ADA Standards for Accessible Design (Sept. 15, 2010)
• GCSAA comments on U.S. Department of Justice proposed golf course regulations (Aug. 18, 2008)
• NAAG creates new Players Toolkit and issues updated Toolkit for Golf Course Owners and Operators (Dec. 2005)
• ADA Best Practices Tool Kit for State and Local Governments (DOJ guidance - Feb. 2007)
• Access Board updates guidelines for accessible design (July 23, 2004)
• "Open access" (GCM - March 2004)
• Accessible golf courses - a summary of accessibility guidelines from the U.S. Access Board
• "Golf courses and the ADA: Answers at hand" (GCM - Aug. 2002)
• Final ADA accessibility guidelines for recreation facilities (Federal Register, Sept. 3, 2002)
• "Accommodating Golfers with Disabilities" (USGA Green Section Record - May/June 2002)
• Department of Justice ADA home page
The Americans with Disabilities Act (ADA) requires reasonable modifications to golf course policies, practices or procedures to serve people with disabilities (as defined by the law) on an equal basis with the rest of the general public. A reasonable modification is one that does not present an undue burden to the golf course or alter the fundamental nature of the game. GCSAA has been active in working with golfers, lawmakers and regulators to address ADA issues. On Sept. 15, 2010, the U.S. Department of Justice (DOJ) released final rules to update its ADA regulations and implement new accessibility standards for golf courses and other recreational facilities. The rules will impact municipal and commercial entities and codify the architectural guidelines for barrier removal. This will impact future golf course development and renovations to existing facilities. DOJ decided not to issue new regulations specific to accessible golf cars.
GCSAA position statement
As golf course management professionals, the members of GCSAA will work to make golf accessible to all persons by promoting policies and practices that consider the needs and safety of all golfers, promote the growth and vitality of the game and maintain the agronomic integrity of the golf course. The purchase of single rider golf cars should be the decision of each individual golf facility considering multiple factors including customer service considerations, safety of the devices, market demand and economic impact to the facility. Every golf facility in the U.S. has a stake in growing the game of golf. The growth of the game is dependent upon new golfers of all abilities coming into the game.
GCSAA activity
• GCSAA is a founding member of the National Alliance for Accessible Golf. The mission of the Alliance is to increase participation of people with disabilities in the game of golf. GCSAA serves on the Alliance board of directors.
• In May 2005, GCSAA submitted comments to the DOJ which began the process of adopting revised ADA standards consistent with Parts II and III of the revised guidelines implementing the Americans with Disabilities Act of 1990 (ADA) and the Architectural Barriers Act of 1968, published by the Access Board on July 23, 2004, at 69 FR 44083. The ANPRM addressed the issue of whether single rider golf cars should be required at all golf facilities in the U.S.
• In July 2007, the Alliance hosted its first annual Accessible Golf Pro-Am at the Toledo (Ohio) Country Club. The tournament raised funds for accessible golf programs throughout the country while increasing awareness in the work of the Alliance.
• In August 2008, GCSAA submitted comments to the DOJ on the proposed rulemaking issued by the agency on June 17, 2008, to adopt revised ADA Standards consistent with the 2004 ADAAG including the guidelines for recreation facilities. In the NPRM, the DOJ decided not to propose new regulations specific to accessible golf cars.
• The seminar “Making Your Golf Course ADA Accessible” was held at the 2009 GCSAA Education Conference.
• The government relations session “ADA Accessibility Guidelines and NPDES Pesticide General Permits: Prepare Your Course for Compliance” was held at the 2011 GCSAA Education Conference.
Position papers
Comments filed with the Department of Justice on Aug. 18, 2008.
Comments filed with the Department of Justice on May 27, 2005.
Comments filed with the Department of Justice Access Board on Dec. 2, 1999.
National Alliance for Accessible Golf Toolkit for Golf Course Owners and Operators
Coalitions/affiliations
National Alliance for Accessible Golf

5) Fertilizers
Issue information
Fertilizer resources
• Phosphorus, Urban Runoff & Aquatic Weeds (RISE brochure – 2004)
• EPA establishes Chesapeake Bay TMDL (Dec. 2010)
• GCSAA submits comments on EPA MS4 stormwater rulemaking (Nov. 2010)
• GCSAA submits comments on EPA Chesapeake Bay federal land management guidance (April 2010)
• GCSAA TV Mythbusters: University Research Dispels Fertilizer Myth
• Debug the Myth consumer education website
Efforts by municipalities across the country to ban or restrict the use of fertilizers continue as elected officials and citizens attempt to address concerns of nutrient loading in waterways. Phosphorus is of special concern. Activists are attempting to overturn state preemption laws. A federal focus on cleanup of the Chesapeake Bay watershed has also brought greater attention to agricultural and urban nutrient management. Golf course fertilizer use remains a target due to public perception that the amounts used to manage courses are a source of the nutrient loads. State-mandated nutrient management plans can have a detrimental impact on golf courses if they are not developed with input from the golf course management industry and without consideration of existing environmental best management practices for golf courses. Specific fertilizer issues include:
• Nutrient management and management plans
• Best management practices (BMPs)
• Total maximum daily loads (TMDLs)
• Fertilizer bans/restrictions
GCSAA position statement
GCSAA supports the development and use of science-based best management practices (BMPs) for fertilizer applications through superintendent–regulator partnerships at the local and state levels. GCSAA supports the enactment of state laws preempting regulation of the use of fertilizers and prohibiting local governments from adopting such laws, because local regulation of the use of these products is costly and unnecessary. Laws and regulations involving fertilizer application should recognize golf properties engaged in environmental stewardship practices and/or programs that address nutrient management and promote BMPs.
GCSAA activity
• Staff continues to monitor and take action on fertilizer issues and is working with members to provide information on BMPs for golf courses to lawmakers and regulators.
• In Spring 2006, Responsible Industry for a Sound Environment (RISE) launched a coordinated grassroots effort to address attempts by activists at the local government level to ban the use of fertilizers and pesticides. GCSAA is working closely with RISE to ensure that fertilizer and specialty pest management products remain available for purchase and use.
• In 2007, GCSAA launched the Nutrient Use Survey, the third survey of the Golf Course Environmental Profile (GCEP). The overall goal of the GCEP is to develop an environmental profile of golf courses. This survey solicited information regarding nutrient use and associated practices on golf courses throughout the United States. This information will provide baseline data for documenting changes in environmental practices over time, help GCSAA respond to governmental inquiries, and answer the public’s questions about environmental issues. Data from the Nutrient Use Survey was released in 2009.
• GCSAA members in DE, MD, NY, WV, PA and VA formed a small, informal stakeholder group in the spring of 2010 to respond in a coordinated fashion to federal, state and local Chesapeake Bay watershed cleanup initiatives.
• In April 2010, GCSAA submitted comments to the U.S. EPA on the Executive Order 13508 Cheseapeake Bay Protection and Restoration Section 502 Guidance: Federal Land Management in the Chesapeake Bay Watershed.
• In Nov. 2010, GCSAA submitted comments on EPA’s draft Chesapeake Bay Watershed Total Maximum Daily Load.
Position paper
Comments filed with the Environmental Protection Agency on April 10, 2010.
Comments filed with the Environmental Protection Agency on Nov. 8, 2010.
Coalitions/affiliations
• Responsible Industry for a Sound Environment (RISE)

Opportunities for Action:

1) NPDES update:
GCSAA reviewing EPA's final Pesticide General Permit
The EPA's Pesticide General Permit (PGP) went into effect Oct. 31 after negotiations in the U.S. Senate to delay the court-ordered Clean Water Act (CWA) permit for chemical spraying activities broke down. For the first 120 days the permit is in effect, EPA will focus on providing compliance assistance and education of the permit requirements, rather than on enforcement actions. GCSAA staff is now reviewing the EPA’s final PGP, which covers six states, and is working with chapters to review the other 44 state permit requirements.
On Oct. 31, 2011, the EPA issued a final NPDES PGP for point source discharges from the application of pesticides to waters of the U.S. This action was in response to a 2009 decision by the U.S. Sixth Circuit Court of Appeals (National Cotton Council, et al. v. EPA), in which the court vacated the EPA's 2006 Final Rule on Aquatic Pesticides. The court decision also found that point source discharges of biological pesticides and chemical pesticides that leave a residue into waters of the U.S. were pollutants under the CWA.
The EPA’s final PGP covers operators that apply pesticides for: (1) mosquito and other flying insect pest control; (2) weed and algae control; (3) animal pest control; and (4) forest canopy pest control. The permit requires permittees to minimize pesticide discharges through the use of pest management measures and monitor for and report any adverse incidents. Some permittees are also required to submit NOIs prior to beginning to discharge and implement integrated pest management (IPM)-like practices.
The general permit provides coverage for discharges in the areas where the EPA is the NPDES permitting authority -- Alaska, Idaho, Massachusetts, New Hampshire, New Mexico, and Oklahoma. The remaining 44 states are required to develop and issue their own NPDES pesticide permits.
Read the EPA's final permit, or find state NPDES PGP contacts.
Look for more compliance guidance from GCSAA in the coming weeks. GCSAA members should continue to use our online automated action alert to press for passage of H.R. 872, a bill to negate the need for the permit. For help, contact Chava McKeel, senior manager of information and public policy, at 800-472-7878.

Legislative fix for NPDES permits introduced in U.S. House
GCSAA member comments requested
Use GCSAA's automated online action alert to write your U.S. Representative!
GCSAA is urging members to take action and push for passage of recently introduced legislation (H.R. 872) to amend the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to clarify that additional Clean Water Act (CWA) permits are not required for pesticide applications made in accordance with FIFRA. Encourage your Representative to re-establish the legal primacy of FIFRA over all pesticide uses, as well as inform the EPA and the courts that Congress did not intend other environmental laws to overtake FIFRA by creating duplicative regulatory burdens.
In 2009, the U.S. 6th Circuit Court of Appeals overturned the EPA’s 2006 rule exempting aquatic pesticide applications from CWA National Pollutant Discharge Elimination System (NPDES) permitting. EPA is now forced to develop an NPDES permitting system for pesticide applications in, over or near "waters of the U.S." This one decision nearly doubles the population of entities required to be permitted under the CWA. Starting April 9, 2011, superintendents may be required to meet numerous new planning, performance, recordkeeping and reporting requirements in CWA NPDES permits in addition to meeting the requirements under specific product labels.
The EPA and states must begin implementing and enforcing the permit program on April 9, 2011 unless the U.S. Sixth Circuit Court of Appeals grants an extension from the EPA to push back this date to October 31, 2011. This permit will preempt the science-based review of pesticides and label requirements for uses regulated under FIFRA. Never in the 62 years of FIFRA or 38 years of the CWA has the federal government required a permit to apply pesticides in, over or near "waters of the U.S." for control of such pests as mosquitoes, forest canopy insects, algae, or invasive aquatic weeds and animals, like Zebra mussel. As a matter of fact, Congress omitted pesticides in 1972 when it enacted the CWA, and despite major rewrites since, has never looked beyond FIFRA for the regulation of pesticides.
For help taking action, contact Chava McKeel, senior manager of information and public policy, at 800-472-7878, ext. 3619. For additional background on the issue, review the Inside Your Water column from the May 2010 issue of Golf Course Management magazine and GCSAA's official NPDES comments to EPA on their draft pesticide general permit.
Our State NPDES contact:
Dharmendra Kumar
Environmental Engineer
Pennsylvania Department of Environmental Protection
400 Market St
Rachael Carson State Office Building
Harrisburg, PA 17101
Phone: (717) 783-2288
Fax: (717) 772-5156
dkumar@state.pa.us
Pennsylvania NPDES Pesticides Permit
Help Save the H-2B Visa Program
Ask Your U.S. Representative to Co-Sponsor H.R. 3162
On October 12, 2011, Rep. Rodney Alexander (R-LA-5th), Rep. Charles Boustany (R-LA-7th), Rep. Rob Wittman (R-VA-1st) and Rep. Andy Harris (R-MD-1st) introduced a bill to stop the Secretary of Labor from implementing certain rules relating to the H-2B visa program. Under the proposed law (H.R. 3162), the new H-2B visa wage rule is stopped and the proposed rule that completely overhauls the H-2B visa program is prohibited from being issued.
All GCSAA members: Please ask your U.S. Representative TODAY to co-sponsor and help push for passage of H.R. 3162. Enter your Zip Code in the Take Action Now box to take action on this important golf facility issue! A template letter is available for your use. ...
The Take Action Now box is under the “Community” tab on the GCSAA website. Click on “Legislative Action Center” in the section “Government Relations”. When you click the box and enter your zip code in the space provide an editable letter addressed to your state representative will open.

Senate Bill 1191

An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in fertilizer, further providing for labels and labeling; and providing for fertilizer use on turf.

This Act will require soil testing before any fertilizer containing phosphorous can be applied to turf and will set maximum limits for the amount of nitrogen that can be applied per application. It also will require licensing for fertilizer applicators, similar to the pesticide applicator license.

You can learn more about this issue by going to the Pennsylvania General Assembly website. There is a legislation search box. Search by Bill# and type in S1191. There is a link under Printer’s No. that will take you to a copy of the proposed legislation, and there are links to the sponsors and committee involved in the legislation. There is an amendment to the legislation proposed that will make it more palatable to our industry. If you have comments on the amendment or the bill in general you can contact our lobbyist:

Mark A. Richards
Senior Associate
S.R. Wojdak & Associates
30 North Third Street
Harrisburg, PA 17101
(717) 221-2606 office
(717) 572-5496 cell