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Staying Current Image above ©istockphoto.com/Veni Critical Labor and the Environmental Issues Facing the Green Industry H-2B visa issues, E-Verify, and the environmental issue of water quality and quantity will have important impacts on the lawn and landscape industry. Arizona initiated state- led immigration enforcement measures in 2008 with a law man- dating the use of E-Verify, and establishing licensing penalties for employers who hire unauthorized workers. On May 26, 2011, in a 5–3 decision, the U.S. Supreme Court upheld the law. The Supreme Court’s majority noted that employers who act in good faith will not be impacted by the law’s licensing provisions, be- cause those sanctions are limited to employers who knowingly or in- tentionally employ unauthorized workers. With the Supreme Court’s final say, Arizona and many other states and localities following in Arizona’s footsteps were vindicated. With this win, Arizona and other like-minded states will continue on a path to what they believe will ensure increased enforcement of U.S. immigration laws and stem the flow of undocumented workers into the United States. The U.S. Congress wants to make E-Verify mandatory for all employers. Meanwhile, the U.S. Department of Labor is trying to kill H-2B, the one source of legal workers who will do the lawn and landscape jobs that U.S. workers do not want to do, and it’s still gearing up on other workplace regulations that will affect all industries. On the environmental side, we are loosing the battle to those that want to limit the amount of turfgrass allowed in new landscapes, and place controls on the amount, kind and timing of fertilization in several states. There is a basic feeling by regu- lators, lawmakers and the media that the use and maintenance of lawns is bad for the environment. You’ve heard of death by a thousand cuts? Well, this may be the case for the continued use of turfgrass for ground cover in any significant amount in new landscapes. Take, for example, the International Code Council. This group recently completed a seven-day hearing schedule in Dallas on a draft International Green Construction Code (IGCC). Once completed, the IGCC will be a “green” building construc- tion code for municipalities to adopt as a standard for all newly constructed commercial and residential buildings three stories or higher. Some jurisdictions have already adopted the code even though it is not complete. Recent IGCC adoptions include an optional code in Maryland and in Richland, Wash.; an alternative requirement for new public buildings in Rhode Island; and the nation’s first tribal community enactment in Kayenta Township, Ariz., with an optional requirement with mandatory applications still under consideration. At the Dallas meeting, the IGCC development committees heard testimony on proposals relating to irrigation system design, alternative water sources for irrigation, use of potable water for irrigation, metering of irrigation water, and landscape design and maintenance. PLANET and several groups were unsuccessful in removing the requirement to limit turfgrass to 40 percent of the landscapable area of a site. This requirement was added to the draft from an EPA proposal. Fertilizer restrictions have been passed in New York, New Jer- sey, Maryland and Illinois (and are pending in Pennsylvania and by communities in Florida) with implications that they could be introduced in other states next season. PLANET and many green industry organizations have tried to limit how these will affect the industry, but it is a battle to just get compromises. Watch for opportunities where you can help change this scary trend for the industry. LI Article provided by the Professional Landcare Network (PLANET). For more information, visit www.LandcareNetwork.org. 26 Landscape and Irrigation July/August 2011 www.landscapeirrigation.com