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I suspect some of you, who are
boaters, are aware that Congress passed the Clean
Boating Act of 2008 which was signed into law recently
by President Bush. S. 2766 and H.R. 5949 were
legislative proposals introduced in response to a ruling
in March of 2005 from the U.S. District Court located in
the Northern District of California. The ruling stated
the EPA’s regulation, excluding discharges incidental to
the normal operation of a vessel from NPDES permitting,
exceeded the Agency’s authority under the Clean Water
Act. In short, the judge’s ruling required the EPA to
implement a NPDES permit regulation for recreational
boats. Without spending the majority of this article
explaining in more detail all of the aspects of this
process, let it suffice to say this court decision was
extremely unpopular among boaters, sailors, fishermen,
and the boating industry. As the EPA moved forward with
implementation, what resulted was a strong, bipartisan
Congressional effort, through consensus, to ensure the
legislation, to continue the long history of an
exemption from the permitting process for recreational
boats, was passed on both the House and the Senate.
It is no easy task to pass
legislation in Congress. Our federal Representatives
and Senators find themselves deadlocked on most issues.
I recently read that only 2% of the bills introduced in
this Congress have been passed, 12,944 introduced with
only 316 passing, and only 183 of those 316 were bills
with significant substance. The National Marine
Manufacturers Association reported that there were 240
bills introduced in the Senate Environmental and Public
Works Committee, which had to approve S. 2766, and only
six passed out of this committee, S. 2766 being one of
them.
There were a number of key
legislators from the Midwest and their staffs that
helped protect boaters from this excessive regulation.
Congresswoman Candice Miller (R-10) from Michigan, and
Ohio Representatives Steven LaTourette (R-14) and
Patrick Tiberi (R-12) played significant roles in
helping move this legislation through Congress. Details
on the Clean Boating Act of 2008 can be found at
www.congress.org
for those who want to see which legislators supported
the bills.
In the early 90’s, Congress
implemented a luxury tax on high-end luxury cars, furs,
jewelry, private aircraft and boats. Adding a ten
percent luxury tax had the intention of generating more
tax revenue, but Congress finally realized that this tax
impacted businesses and their employees; i.e., there was
a negative impact on employment, particularly as it
related to boat manufacturers and retail boat sales.
The primary reason that Congress repealed the luxury tax
was the concerted and focused efforts by the marine
industry to communicate how the luxury tax was
negatively impacting jobs.
I mention both the luxury tax
and the recent passage of the Clean Boating Act of 2008
for one reason: both of these legislative efforts show
that all of us that are interested in continuing the
viability of recreational boating, working together, can
accomplish an objective when we work in unison and speak
with one voice. I call it “The Power of One” – working
in partnership, a collaboration of different
organizations, businesses, and individuals who have the
same objective.
What was exciting and fulfilling
to me about the passage of the Clean Boating Act of 2008
was the extensive involvement by various elements within
the recreational boating environment. It was the most
significant, coordinated legislative effort I have seen
to date for our industry, including members of yacht and
boat clubs, fishing groups, marine trade associations,
businesses, and individual boaters. I congratulate all
of you who communicated with your legislative
Representatives and Senators and their staffs. Kudos to
the staffs of the National Marine Manufacturers
Association, the Marine Retailers Association of America
and BoatUS, as well as other national, regional and
state trade and consumer associations that worked
together on this important legislation.
As we approach the 2008
elections, and not being able to forecast with any
certainty the outcomes, I feel more confident than ever
that those of us who love boating and the boating
lifestyle, will be able to express our opinions together
to our newly elected legislative leaders by acting as
one. We have learned a valuable lesson. If you want to
stay informed, and get involved, go to our website,
www.mbia.org and sign
up to receive updates. |
