January/February 1991
Working with public policymakers on an individual or group basis is vital both to industry and those who decide legislation and regulations.
By Janice Walls
Janice Walls is director of state government programs for the Institute of Scrap Recycling Industries (Washington, D.C.).
“I’m in the recycling business. What do I know about government affairs?” Too often, this is the sentiment of scrap industry members, who also may believe that they’re too busy with daily business to get involved or that public officials don’t want to hear from them. In this era in which public policy officials are looking at integrated waste management strategies with recycling at the top of their plans, however, recyclers need to understand that they have the individual and collective ability to influence political affairs.
“Personal involvement in legislative and regulatory issues is no longer optional for the recycler,” says Sam Hummelstein, Hummelstein Iron & Metal Inc. (Jonesboro, Ark.) and one of the organizers of the recently established Arkansas Recyclers Association. “Your ability to operate your business profitability in the not-too-distant future depends on your willingness to communicate the needs of your business to key decisionmakers today.”
While Hummelstein’s remarks reflect the commitment many Arkansas recyclers are making to get more actively involved in legislative affairs--including the drafting of recycling legislation--they also point out the necessity of communicating to policymakers that scrap industry’s strengths, experiences, and issues. Fritz Benson, Michigan Legislative Consultants Inc. (Lansing, Mich.) and lobbyist for the Institute of Scrap Recycling Industries’s (ISRI) Michigan Chapter, boils it down to fundamentals: “The main question that should always be asked is, ‘If I, as an ReMA member, do not make my concerns known to state and local officials, who will carry my message?’”
The recycling industry is “large, complex, and often confusing,” points out Jim AuBuchon, Commercial Metals Co. (Dallas), who has been involved in government affairs at various levels in several states. “Unfortunately, policymakers don’t always come equipped with a built-in knowledge of our industry or its needs. They only way we can be certain that [they] know about our industry is if we tell them.”
Rick Sternoff, Pacific Iron and Metal (Seattle), echoes AuBuchon’s sentiment: “The single biggest mistake that an ReMA member can make is to not get active in local and state government affairs with legislators, regulators, and solid waste officials. When I went to our state capitol two years ago to work on some crucial recycling legislation, I was astounded to discover that most of our state legislators had never heard of our industry and thought that recycling was a new concept that was in its infancy.”
“While there is clearly a role for professional involvement [by] ReMA staff and outside consultants or lobbyists,” Southeastern Chapter Lobbyist Steven Levetan, Resource Services (Atlanta), notes “professional involvement is not a substitute for the direct involvement of the individuals in the recycling industry.”
Industry Can Provide Vital Information
Increasingly, established recyclers are finding success in communicating with public officials on recycling methods and options. Much of that success lies in providing the types of information these officials need. Bruce Blue, Freedom Metals Inc. (Louisville, Ky.), who has worked with a number of legislators over the past few years, relays what officials are seeking: “[They] seem to be interested in recycling, but they have no idea what is involved, how much it costs, and where to go for information. They are starving for information and ideas." In the absence of good information from knowledgeable and experienced recyclers, he concludes, legislators and regulators "seem to get inaccurate or improper information and data."
In Wisconsin, industry representatives worked with key legislators to help pass SB 300, the state's comprehensive recycling law. Robert Est, H. Samuels Co. Inc. (Madison, Wis.), was one of those involved early on in discussions surrounding this important legislation. "When issues pending before a legislative body have a potential or real impact on your business," he advises, "there is no one more knowledgeable or motivated to talk about your business than you."
Most importantly, public officials want and need to hear from experts. And when it comes to recycling, scrap industry members fit that category better than anyone. Gordon Boyd, Schillinger, Salemi and Boyd (Albany, N.Y.) and lobbyist for ReMA's New York and Empire State chapters, sums it up this way: "Policymakers are eager to get more information on our issue, recycling. There probably isn't a politically safer cause to advocate these days."
The business-related need to get involved is only half of the overall picture. The other half of the equation stems from the "individual as citizen" concept that goes beyond business concerns. Many recyclers live in the communities where they work and as such have a personal stake in how their locality and state will handle solid waste management and recycling initiatives.
ISRI First Vice President Arnold Gachman, Gachman Metals Co. (Fort Worth, Texas), devotes a great deal of time to state and local issues. "The most common complaint that I hear from most members is, 'I don't have enough time to run my business and be involved,'" he says, noting that "it is just plain good business to know what is going on in your own community.”
Communication, Communication
Communication, in any and all forms, is vital to governmental involvement. Communicating with policymakers can be a very intimidating prospect, especially the first time around (although even experienced 'individuals who work in public policy arenas will admit that each meeting or hearing is unique). Keep in mind, therefore, that policymakers are just people--people open to information, dialogue, suggestions, and even criticism. Many of the scrap industry members who have made an impact on the legislative process will admit that they never started out as "governmental affairs types," but were forced to make contact with legislators and regulators either because of an industry concern or a specific business-related problem.
How should communication be handled? Leon Galoob, Interstate Metals Corp. (Oklahoma City), believes, "You should communicate with officials both as an interested private citizen/constituent and as a businessperson having to deal with the legislation." Galoob recently helped form a group of Oklahoma recyclers to do just this--communicate with policymakers. Policymakers welcome input, according to Pat Moran, Mitchell, Williams, Selig & Tucker (Little Rock, Ark.), who lobbies for the Arkansas Recyclers Association. "Policymakers, particularly legislators," he says, "lament the fact that they, many times, feel like they are legislating in a vacuum for lack of information on subject matter. Most public officials cannot get too much information."
Once the decision to become involved is made, says Irwin Sheinbein, Philipp and Lion International Inc. (Tempe, Ariz.), "the mechanics of getting involved are simple." The key, he says, is "that contact has to be made by various means of communication.”
Communication can be as simple as a phone call to a policymaker, a petition for a seat on an advisory panel or task force, a note to the policymaker about the impact of pending legislation, comments sent to appropriate agencies on proposed regulation, or an invitation to a facility tour. "Once you have established credibility and have invited officials to a tour of your facility,” Sheinbein declares, they often will request your "participation on developing legislation and/or procedures to regulate solid waste management."
Frank Goldstein, Semmes, Bowen and Semmes (Baltimore) and lobbyist for Maryland recyclers, asserts that "the average businessperson can get involved in many ways: Get to know your legislators and have them know you. Call them when the legislature is not in session. Offer a site visit. Purchase tickets to fundraisers. Offer to help in a campaign." When dealing with regulators, he advises, attempt to get on advisory boards or study commissions and be active in these positions.
Many in the scrap industry note that one of the best forms of communication is a site visit. Scott Horne, Prince Georges Scrap Inc. (College Park, Md.), says that his experience "has been that once you get people into your plant and show them what you do, they will generally call you from time to time for information on a variety of topics related to your business. The most effective way to communicate with an official is, by far and away, in a face-to-face conversation."
Leonard Lang, Allan Co. (Baldwin Park, Calif.), agrees, noting that the most productive form of communication is direct one-on-one meetings with elected representatives from all levels of government.
Richard Allan, Allan Industries (Wilkes-Barre, Pa.), learned the importance of such contact through his experience working with policymakers on Pennsylvania's solid waste legislation, Act 101. Industry members, he says, "need to interact on a regular basis with local officials [as they begin drafting and implementing recycling plans] either by going directly to them and explaining what we do, or through a service group [such as] chambers of commerce, business groups, or civic clubs." In addition, he notes, they should "get to know local environmental agency personnel" to teach them "who is in the recycling business.”
Robert Gellman, McKinley Iron Inc. (St. Louis), suggests that, in addition to state and local business groups, other coalition possibilities should be explored.
The Particulars of Involvement
"Elected officials, or at least their aides, are very proficient at returning phone calls and responding to letters," Joel Beren, A. Edelstein & Son Inc. (Toledo, Ohio), points out. "I cannot recall an elected official not following up on a contact made to [his or her] office."
When writing to policymakers, advises Cal Lieberman, also with A. Edelstein & Son, keep letters short, time mail so that it arrives in midweek, avoid form letters, use business or personal letterhead (and be sure the return address is on the letter), identify the topic of concern and include a bin number or regulation topic as a reference, state the reason for the letter, avoid stereotyped phrases and sentences, ask the policymaker to state his or her position, time correspondence to effect change, and remember to thank the official. "Although you need not become a professional in this area,” he explains, "you can be effective, provided you prepare in advance for the role you will play; know the rules; keep alert; and earn the respect of those you desire to influence by being forthright, honest, and unselfish in seeking industrywide benefits."
Commercial Metals's AuBuchon summarizes the "how tos" with some general principles: keep your ear to the ground; start working before a proposal becomes a problem; educate city, state, and federal legislators and regulators, as well as law enforcement officials; organize with others with similar goals; keep meetings with officials to a reasonable number of industry representatives; be prepared; be positive and recommend solutions; cooperate and don't confront; meet the officials face-to-face; and recognize that there are exceptions to all general principles.
"Once legislation becomes law," says Joseph Massey, Alpert & Alpert Iron & Metal Inc. (Los Angeles), "you must reply to every proposed regulation drafted by the administrating agency, since … you can comply more readily with regulation you draft than with those drafted by someone outside of the industry." He advises that comments be sent by fax and/or certified mail, which provides a record that the agency received them, or they should be presented at a public hearing or workshop. The comments, he says, should “offer constructive alternatives."
When contacting officials, is it best to do so as a private citizen, a constituent, a businessperson, or a combination of all three? According to scrap industry representatives working in government affairs, the answer will depend on two factors: the issue and which designation will make the most impact. Gachman Metals's Gachman thinks that "communicating with officials as a private citizen is a great way to begin a relationship." Interstate Metals's Galoob also sees advantages in this approach. "As a private citizen," he points out, "you are less likely to be classified as someone with his or her own ax to grind." Lobbyist Boyd looks at it this way: "You are a businessperson, a citizen, and a taxpayer. If you care about all of these facets of your life, you should be able to wear whichever hat is appropriate.”
Above all, notes Est of H. Samuels Co., "the better way of communicating is to be the source of usable information. … It does not matter if this presentation is as an individual or as a businessperson." The bottom line is integrity and experience. These are the two most important assets that an individual has when communicating with policymakers. Knowledge of the issues is invaluable to public officials who, more often than not, are willing to work with industry representatives or affected parties to resolve a problem.
Individual Involvement Does Pay Off
Recent success stories, from cases in which scrap recyclers, individually and collectively, have responded to the call for industry input, are impressive:
Wisconsin ReMA members worked with Sen. Joseph Strohl, chief sponsor of the state's comprehensive recycling law, to get industry concerns addressed by the law.
The Arkansas Recyclers Association has drafted recycling language that is expected to be considered by policymakers as they focus on solid waste management issues this session.
ISRI members in Pennsylvania worked with legislators to pass Act 101, the state's solid waste law, and are continuing a dialogue with regulatory officials implementing this law.
Michigan scrap recyclers worked two years on a draft recycling proposal that is expected to be included in discussions during this legislative session.
Missouri ReMA members provided suggestions during deliberation of SB 530, the state's solid waste and recycling law.
Hand in hand with involvement is a recognition that the political and regulatory climates have changed for the industry. Bill Gouveia, Atlantic Stainless Co. Inc. (North Attleboro, Mass.), offers that "we must, as an industry, seek to answer the environmental and legislative problems that face us instead of just trying to defeat the answers others propose. The industry," he says, "has to face the unpleasant fact that it is going to have to propose--on its own--painful regulations that will in fact hurt some of our members. However, we have to understand that if someone is going to draw up regulations that affect our businesses, it is better that they come from us.”
Marty Forman, Forman Metal Co. and Poly-Anna Plastic Products Inc. (Milwaukee), sums it up rather neatly, stating, "If there is one thing that is crystal clear about working with legislation, it is that if you think you can sit on the side of the tracks and watch the train go by, it will derail itself and fall on your head.”
Understanding the Political Process
To effectively take part in government affairs, it’s helpful to understand the basics of the political process. Federal legislation often begins with an idea proposed by a legislator’s constituent or staff assistant. This idea, drafted into bill language, is then introduced and considered by the appropriate House or Senate committees with jurisdiction over the subject area, which hold public hearings. Once passed by the appropriate committees and the respective chambers, the legislation is discussed by a conference committee comprised of congressional members from both the House and Senate. During conference, legislators must reach agreement on areas in which the House and Senate bills may have different language. Once there is agreement on a final vehicle, it is sent to the president. If the bill is signed, it becomes law and enforcement and oversight become the responsibility of the appropriate federal regulatory agency.
States are charged with implementing federal law as well as passing laws that address specific needs of the citizens of the state. States can be more stringent than federal law, as is the case with many environmental issues. The legislative and regulatory processes are similar to those on the federal levels; however, the procedures followed by the individual states can vary dramatically. Ballot initiatives on specific issues have become popular in the past few years, especially with issues such as environmental concerns, taxes, and legislative terms of office.
When it comes to local politics, there is almost an unlimited number of avenues whereby proposals and ordinances can be introduced: city councils, county commissions, local zoning boards, and more.
To help citizens understand their states’ legislative policies and parliamentary procedures, guidelines are usually available from legislative staff or from house, assembly, or senate clerks. For regulatory information, proposed and adopted regulations can be found in a state’s register, in area newspapers, or through special notices mailed to interested parties. This regulatory information will most likely contain specific information on what regulation is being proposed or amended, the date and time for a public hearing and/or a comment deadline (if there is one), as well as a contact person in the department or agency that is working on the regulation.
Here is some general information that is applicable to most states:
Most legislatures meet every year. Some states meet every other year, but often hold a “special session” in off-years to consider budget, appropriation, emergency measures, or topics expected to be of great importance during the regular session.
Most legislatures begin their session in January, with most completing their session by May or June. A few states (notably Massachusetts and New Jersey) can be in session all year.
Study or interim committees often hold hearings between legislative sessions in preparation for the upcoming session, or to finish work started during the previous session.
Legislators do the bulk of their work through committees that may not have expert staff knowledgeable about particular subject issues. Therefore, legislators and committee staff rely heavily on industry representatives, experts, and community or consumer groups to provide information on topics under consideration.
Legislators may have a small staff to assist their constituent or committee work. In some states, legislators who aren’t in leadership positions may not have a full office staff, instead sharing a secretary/receptionist with other legislators.
Few state legislators are full-time government officials: Most have other jobs that are resumed after the legislature adjourns. It is often helpful to know a legislator’s occupation.
All states, except Nebraska, have two chambers.
The legislative process is often relatively unstructured and informal. Individuals have the opportunity to contact a legislator whether or not there is a specific proposal pending in the legislature. If there is a specific bill, there is often a public hearing held on the issue and testimony is solicited from spokespersons from groups that would be most affected by the pending bill. It is not unusual for a bill to be introduced, amended, or perhaps defeated, as a result of informal discussions between industry representatives and critical legislators at the appropriate time.
By contrast, working with a regulatory agency or department will show a process that is usually more rigid: Proposals are published, public comments may be solicited, a public hearing may be held, interim rules or revised rules are published, and a final rule is published.
What the Policymakers Say
“I rely on people in the recycling industry to provide me with ideas and observations on how New York state should proceed,” says state Sen. Nicholas Spano, vice chairman of the New York Legislative Commission on Solid Waste Management. “The input I receive from hands-on recyclers, marketing specialists, and the like make it possible for me to develop initiatives that will ensure that we can collect, process, and market all the secondary materials New York generates.”
Nancy New, staff liaison to the National Conference of State Legislatures’s environment committee (among other state and federal issue responsibilities), makes an interesting observation about citizen involvement: “It is important to get involved so public officials realize you hold them accountable for their decisions and actions.” In addition, she says, “most policymakers are concerned with public opinion [and] want a range of information, both pro and con, on issues so they can make informed decisions.”
Officials at the federal level feel the same way. Jerry Costello (D-Ill.) believes that citizen input is important, offering that “by grouping together, individuals can communicate a unified message in a personal meeting or a joint letter to their lawmaker, making clear their interest in or concern with a piece of legislation.” Legislators, he says, do listen. “Let me assure you that policymakers are deeply interested in the views of their constituents. After all, we are elected to represent those individuals and vote on legislation that is in their best interests. Knowing their concerns is essential to making good public policy.”
Equally critical is input on the regulatory side. “Positive working relationships between private recycling firms, government recycling officials, and environmental regulators are extremely important for all parties involved,” states Kevin F. O’Donnell of the Minnesota Office of Waste Management’s Recycling Market Development Program. “Fostering a cooperative relationship between ReMA member companies and government recycling and regulatory officials is imperative to achieving our mutual goals.” He notes that “in Minnesota, public policymakers have actively sought input from the private recycling industry,” which as evident in ISRI’s representation on the Resource Advisory Panel of the Governor’s Select Committee on Recycling and the Environment (SCORE), the group responsible for making the policy recommendations that were important to the passage of the Minnesota Waste Reduction and Recycling Act of 1989.
When asked about the most productive ways to communicate with officials, Illinois state Sen. Sam Vadalabene offers this guidance: Groups should organize “a lobby day,” which he says will give individuals “firsthand experience in dealing with legislators, and will let the legislators know that you care enough about your organization to travel to the state capitol and talk with them. Your legislators are only accessible if you access them: write a letter, pick up the phone, make an appointment.”
Becki Linn, director of government affairs for the Steel Can Recycling Institute, offers another association’s perspective. Officials, she says, “are interested in what affects their business constituents, because that impacts directly on the economy of the communities they represent.” She advises that the best time to get to know them is “when you don’t want anything,” since they are then in a better position to get to know you and your concerns without the pressure of a specific piece of legislation or regulation interfering with the communication.
Sen. Spano relates how his Solid Waste Advisory Council, which brings together environmentalists, local officials, academicians, industry representatives, and recycling and waste management professionals, serves as a sounding board for state Senate proposals and as a “think tank” for new ideas. The group is vital to him as a policymaker because, in his words, “I can’t do a good job in a vacuum.” •
Working with public policymakers on an individual or group basis is vital both to industry and those who decide legislation and regulations.