CSG South

On June 2, 2014, the U.S. Environmental Protection Agency (EPA) released the Clean Power Plan Proposed Rule under the authority of Section 111(d) of the federal Clean Air Act. This Proposed Rule would establish state-specific goals to limit greenhouse gas emissions by setting firm carbon reduction standards that each state would have to meet beginning in 2020 and accelerating through 2030. While it is unclear whether the EPA will revise its Final Rule, which is expected by July 2015, many states in the Southern Legislative Conference (SLC) of The Council of State Governments already have enacted legislation addressing the Clean Power Plan Proposed Rule and its regulations.

This SLC Issue Alert provides an overview of some measures taken by state legislatures in the SLC region to address the Clean Power Plan Proposed Rule through the 2014 legislative session. This Issue Alert is not a legal analysis of Section 111(d), nor does it take a position on compliance pathways or the EPA’s proposed state-specific carbon dioxide (CO2) goals.

There is no question that dental sealants prevent tooth decay and school sealant programs have been found to reduce the incidence of tooth decay by an average of 60 percent. 

The Pew Charitable Trusts released a report that grades states on how well they are reaching third graders, whether high-need schools are providing dental sealant programs and what other state policies are in place to encourage this evidence-based...

The latest extension of a 2012 federal transportation bill is set to expire May 31 and with its expiration, the Highway Trust Fund is expected to run out of money. With this looming deadline, many wonder if a long-term bill to reauthorize and fund transportation programs is in the cards, and whether Congress will have a plan to pay for it. During this FREE eCademy webcast, experts provide an update on where things stand in Washington with just over a month to go before the deadline. State officials offer their perspectives on the toll the uncertainty has taken on some state transportation projects and how two states were able to approve transportation funding measures in recent years.

CSG South

In recent years, the United States has seen a growing popularity with the use of electronic cigarettes and similar electronic nicotine delivery devices. Electronic cigarettes, or e-cigarettes, are battery-operated single-use or reusable devices with interchangeable cartridges that use a type of heating element to turn nicotine and other chemicals into a vapor inhaled by its user. The cartridges come in a variety of colors and flavors, like apple pie, cotton candy, mint chocolate, and tutti frutti, just to name a few. It is suggested that the array of flavors, combined with the relative ease of purchasing e-cigarettes and its components at mall kiosks and online, has made e-cigarettes particularly popular among youth.

This Regional Resource from The Council of State Governments’ Southern Office, the Southern Legislative Conference (SLC), examines the regulations proposed by the FDA and the actions taken by 14 of the 15 SLC member states with regard to e-cigarettes through the 2014 legislative session.

The Council of State Governments (CSG) and Elsevier are proud to partner on this report to analyze the research strengths of the United States. Using a variety of data sources, including Scopus—Elsevier’s proprietary abstract and citation database of peer-reviewed research literature—this report assesses where states have a comparative advantage in research and how they can capitalize on those advantages to drive innovation, attract jobs, and foster economic growth.

The Supreme Court’s 7-2 ruling in Oneok v. Learjet is a solid win for states, consumer protection, and the Ninth Circuit. The Court held the Natural Gas Act does not preempt state-law antitrust lawsuits alleging price manipulation that affect both federally regulated wholesale natural-gas prices and nonfederally regulated retail natural-gas prices.

Historically, federal regulation of the natural-gas industry has been divided into three segments:  production, interstate gas pipelines (wholesale), and local gas distribution (retail). The federal Natural Gas Act regulates only the second segment—the interstate shipment of gas including rate setting—states regulate the other segments. Since deregulation in the 1970s, pipeline wholesalers have sold natural gas at market rate based on price indices of voluntarily reported data of natural gas sales. In 2003 the indices were found to be inaccurate because natural-gas traders had been reporting false data. 

In this week’s issue of The Current State, CSG’s weekly e-newsletter, I write about the factors that allowed Georgia and Iowa to be successful this year in passing legislation to fund transportation. Georgia and Iowa are two of the five states that have passed major funding measures so far this year. Iowa Senate Transportation Committee Chairman Tod Bowman and Georgia House Transportation Committee Chairman Jay Roberts told me that gubernatorial leadership, uncertainty about what’s going to happen at the federal level and the lessons of past failures all played a role in their 2015 success. In this unused portion of my interviews with the lawmakers, they also suggest an inclusive process helped pave the way to success. I also have items on Georgia’s new electric vehicle fees and South Dakota’s road to success as well as a look at some key meetings coming up this Spring.

In a 6-3 decision in Rodriguez v. United States the Supreme Court held that a dog sniff conducted after a completed traffic stop violates the Fourth Amendment. 

Officer Struble pulled over Dennys Rodriguez after he veered onto the shoulder of the highway and jerked back on the road. Officer Struble ran a records check on Rodriguez, then questioned his passenger and ran a records check on the passenger and called for backup, and next wrote Rodriguez a warning ticket. Seven or eight minutes passed between Officer Struble issuing the warning, back up arriving, and Officer Struble’s drug-sniffing dog alerting for drugs.  Rodriguez argued that prolonging the completed traffic stop without reasonable suspicion in order to conduct the dog sniff violated the Fourth Amendment.

CSG Midwest
When it comes to improving health outcomes, many policymakers look first to strategies that can provide better care for people who are ill. But some experts argue that medical care itself accounts only for a small part of positive health outcomes. The vast majority of interventions that can make people healthier, and reduce spending on health care, need to happen long before someone enters a doctor’s office.
That’s why states across the Midwest are exploring ways to address so-called “social determinants” to health — from low levels of income and education, to high levels of community violence, to a lack of access to housing and transportation.
CSG Midwest
Of all the bills considered and signed into law so far this year in the Midwest’s state capitols, one has captured the most attention around the country: Indiana’s Religious Freedom Restoration Act. Passed by comfortable margins (mostly along partisan lines) in the Republican-led House and Senate, SB 101 was signed into law in late March.
What followed were calls for boycotts of Indiana (Connecticut’s governor, for example, signed an executive order banning state-funded travel there), concerns raised by top business leaders, and a front-page editorial in The Indianapolis Star to “Fix This Now.” The backlash over Indiana’s RFRA centered on its potential impact on gay and lesbian rights. Would a business, for example, be legally protected if it refused to provide services to a gay patron or same-sex couple?

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