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Energy & Environment
Second Generation Policy

DLC | Blueprint Magazine | February 7, 2001
Five Essentials of Second Generation Environmentalism
How To Get Citizens, Businesses, and Experts Involved
By Debra Knopman

Table of Contents

The Second Generation of Environmental Improvement Act creates an atmosphere of innovation along with greater accountability for results. Some of its essential elements are below.

  • Target environmental priorities. Too many of the past pilot programs initiated by the U.S. Environmental Protection Agency (EPA) and the states have lacked clear goals for environmental improvement like reducing exposures to high-risk chemicals or reducing the tonnage of smog-causing compounds. Second generation legislation would focus on climate change, smog, polluted runoff, and other top priorities.

  • Encourage risk-taking. Under existing laws, the EPA and the states are constrained in their ability to try new ideas. For example, according to a new National Academy of Public Administration study, the EPA was reluctant to give Massachusetts the authority to cut the time dry cleaners have to hold on to environmental records in return for cleaning up their chemical emissions. Yet without the Massachusetts program, dry cleaners would remain outside the reach of regulators. The second generation bill would clear up the ambiguity over federal and state experiments that are either stretching the legal limits of existing law and regulation or, for lack of boldness, not stretching those limits enough. The legislation would also reward regulators and agencies that make significant efforts to advance innovative strategies.

  • Equip citizens, regulators, and investors with better environmental information. For any strategy -- new or old -- to be credible, the public needs access to understandable measures of results and knowledge of who is accountable for those results. Not until the Toxics Release Inventory hit full stride in the mid-1990s was the full power of information disclosure recognized. The information technology revolution has opened the door to more direct and reliable methods of monitoring environmental performance. Second generation legislation would overhaul monitoring and public reporting by companies and government facilities and provide agencies and states with the funds to do the job. Further, if companies, states, and communities commit to producing timely, accurate, publicly available data from air, water, and other monitoring, they can earn the public's trust to meet standards by means of their own choosing.

  • Support the growth of civic environmentalism. Federal agencies with different legal mandates and bureaucratic traditions continue to have difficulty working together to help communities and regions solve their own particular environmental problems. Nowhere is this dysfunction more noticeable than in the continual clash between new federal spending on transportation, flood control, and other public works, and regional efforts to curtail the ill effects of suburban sprawl. Second generation legislation would strengthen the federal contribution to civic efforts to solve local or regional environmental problems through better coordinated agency actions, technical assistance, and enforcement actions.

  • Identify market-based incentives. Whether through prescriptive regulation or market-based approaches like emissions trading, government implicitly sets the price of a clean and healthy environment. In today's rapidly changing New Economy, regulators should press for incentives that send a clear price signal to businesses and others to continuously improve their environmental performance. Second generation legislation would provide a legal platform to test and evaluate different incentive structures for different industries and places.

  • Invest in change. Unfortunately, no one knows the real price of innovation and information improvements, although $300 million to $500 million over five years would be a reasonable starting point. Depending on the desired level of commitment and duration, Congress should give EPA and the states adequate funds to give innovation and information upgrades a chance to succeed -- without undermining the foundation of existing environmental law and siphoning resources needed for permitting, compliance assistance, and enforcement. A safety net of credible enforcement of existing law must be maintained.

    Debra Knopman is director of the Progressive Policy Institute's (PPI) Center for Innovation & the Environment.



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