History
of the Compact
Early History
The notion of
an interstate dairy compact was first conceived in the Vermont House Agriculture
Committee in January of 1988 by Vermont Representative
Robert A. Starr. The Compact itself was developed jointly by legislators
in Vermont, Maine and New York. The chief legislative authors were Representative
Starr and now U.S. Congressman John McHugh, (R-NY). The staff included
the Compact Commission’s Executive
Director Dan Smith, then the Vermont House Agriculture Committee’s
Legislative Counsel and Eric Rasmussen, current Market Order #1 Administrator,
Tom Conway and Herb Kling, all then with Congressman McHugh's staff. During
this beginning stage, Representative
Starr and then State Senator McHugh oversaw the process of research
and drafting of the first Compact legislation.
The first phase
of the Compact effort was completed with the initial legislative passage
in Vermont and Maine in 1989-90. Compact legislation passed unanimously
in the Vermont House and 29-1 in the Vermont Senate. Representative
Starr was assisted by Senator Francis Howrigan, Chair of the Senate
Agriculture Committee, in obtaining passage of the Compact bill in Vermont.
Maine passed legislation 114-1 in the House and unanimously in the Senate.
Representative Robert Tardy, Chair of the House Agriculture Committee,
was the Compact's sponsor and chief proponent in Maine, assisted by Peter
Curra from the Department of Agriculture.
The Compact continued
to gather support throughout New England and New York in 1990-91. During
that period, single state pricing programs were implemented in Connecticut,
New York, Massachusetts, Vermont and New Hampshire, but all were eventually
overturned as the result of court action.
With the joint
realization in 1992 that states must indeed work collectively to achieve
their goal, the New England commissioners of agriculture, Rep.
Starr, now-Congressman McHugh, and dairy industry leaders joined to
form the Northeast Interstate Compact Committee. The Commissioners originally
serving on the Commission were John R. Blum (CT), Bernard Shaw (ME), Greg
Watson (MA), Stephen Taylor (NH), And George Dunsmore (VT). The Chairs
of St. Albans Coop, Harold
Howrigan, and Agrimark, Inc., Carl Peterson, were designated to serve
as Co-chairs of the committee. Independent producers Gordon
Cook from Massachusetts and Ron Morrissette from Vermont rounded out
the committee membership. Mr.
Smith was hired as the committee’s Executive Director to oversee the
process of the Compact’s review by the four remaining New England state
legislatures of Connecticut, Massachusetts, New Hampshire and Rhode Island.
The text of the
Compact was amended substantially as the Compact evolved into a partnership
between the two milk-exporting states, Maine and Vermont, and the four
other milk-importing states. 1993 was an exciting time as the six states,
realizing their common interest in regulating farm milk prices, successfully
translated by joint amendment of the Compact this common purpose into legislation.
The six New England
governors also became actively involved during this phase. Their interest
was sparked by their understanding of the Compact as a model of regional,
interstate cooperation, in addition to their perception of its more specific,
dairy industry-based, regulatory need. The governors committed to the Compact
by adopting a resolution in support of it in February 1993. In that resolution,
the governors declared,
"Whereas,
as the best means yet identified to provide price relief to our dairy farmers,
the Compact holds great promise for meeting the pressing need of our region
to preserve the viability of our agriculture, and
Whereas the Compact
is an unique, concrete expression of the common will of those directly
involved in our region’s dairy industry;
Now therefore
be it resolved that the New England Governors’ Conference, Inc. supports
the draft Northeast Interstate Dairy Compact developed by the Commissioners
of Agriculture now before the New England State Legislatures." |
Following the
leadership of the governors, legislation was adopted overwhelmingly in
Connecticut, Massachusetts, New Hampshire, and Rhode Island in 1993. In
addition to the governors' support, as with its original passage in Vermont
and Maine, the Compact's adoption in the four remaining states was attributable
to the active leadership of a legislative sponsor and the assistance of
key administrative officials and industry leaders.
In Connecticut,
Commissioner Blum played the crucial role in shepherding the bill through
three legislative committees. He was assisted by a broad coalition of supporters,
including bankers, sports-persons, as well as farmers, with Marie Nye,
dairy farmer, providing key leadership in marshalling this support. In
New Hampshire, Senator George Disnard and Representative Marilyn Campbell
were the chief legislative sponsors. Commissioner Taylor provided technical
expertise, and Debora Erb,
dairy farmer from Landaff, coordinated the coalition of support for the
legislative process. Bob Wellington, Agri-Mark Vice President for Legislative
Affairs, played an important role in New Hampshire, as well as in Connecticut.
In Massachusetts,
Governor Weld played a particularly critical role in obtaining passage
of the Compact. Representative Steve Angelo and Senator Bob Durand, co-chairs
of the Joint Committee on Natural Resources and the Environment, were the
Compact's chief legislative sponsors. Coordinated by Commissioner
Jay Healy, the coalition of support included Jack Kelly, Dan Stevens
and dairy farmers Warren and Sandy Facey. In Rhode Island, Representative
Stephen Anderson was almost single-handedly responsible for the Compact's
adoption. He was aided by Commissioner John Lawrence, Lee Gardner and Louis
Escobar, dairy farmer.
With the enactment
of the Compact by the six New England states completed, the focus shifted
to obtaining the necessary approval from Congress.
Senator Patrick
Leahy, (D-VT) introduced the Compact as legislation in the U.S. Senate
in the spring of 1994, on behalf of the entire 12-member New England delegation,
with each of the other members as cosponsors. Following the farmer/consumer
partnership design of the Compact, Rep. John Olver (D-MA) also introduced
the Compact as a Bill on the House side, with 21 of the 23 New England
Members as cosponsors.
This sponsorship
represented an unusual, if not unique, united gesture of support by a most
diverse group of House-Senate Members. These 33 of the 35 members of the
New England delegation provided their sponsorship for the Compact without
regard to party or economic philosophy. It was commonly understood that
the glue of this consensus among the New England delegation was the fact
of its enactment by acclamation by all six New England legislatures, combined
with the active support of all the region’s governors.
The House Judiciary
Subcommittee on Administrative Law and Governmental Relations, and the
Senate Judiciary Committee reviewed the Compact legislation in the spring
and summer of 1994. The Compact cleared the Senate Judiciary Committee
on a voice vote and passed by a 5-5 vote out of the House Judiciary Subcommittee.
However, the Compact never made it to the floor that year as it was among
the fatalities of the 1994 Congressional gridlock.
The Compact was
introduced again in the new Congress in 1995, although this time, only
on the Senate side. The legislation was introduced by Senator James Jeffords
(I-VT), and was again cosponsored by the entire New England Senate delegation.
The New England
governors again expressed their strong support for the Compact by a resolution
calling for Congressional approval. The governors declared,
"Whereas,
the six New England states have enacted the Northeast Interstate Dairy
Compact to address the alarming loss of dairy farms in the region, and
Whereas, the
Compact is a unique partnership of the region's governments and the dairy
industry supported by a broad and active coalition of organizations and
people committed to maintaining the vitality of the region's dairy industry,
including consumers, processors, bankers, equipment dealers, veterinarians,
the tourist and travel industry, environmentalists, land conservationists
and recreational users of open land;
Now therefore
be it resolved that the New England Governors' Conference, Inc. requests
that Congress approve the Northeast Interstate Dairy Compact." |
Though the Compact
was never formally considered in Committee during the 1995 session, it
was the object of much review and comment because of the on-going Farm
Bill debate.
In the summer,
Governor Dean of Vermont, Governor King of Maine, and Governor Weld of
Massachusetts made presentations to a Farm Bill Forum on the Compact. The
governors spoke to a packed room of Members and the staff of some 65 other
Members, identifying the importance of the Compact to their respective
states, and answering the claims of the opposition presenters.
In the fall of
1995, the Compact was added by Senate amendment to the Budget Reconciliation
Act by a vote of 65-34, just shy of two thirds of the Senate. However,
all provisions relating to dairy were ultimately stripped from the budget
measure in Conference. In any event, the President ultimately vetoed the
Budget Reconciliation Act.
Congressional
Approval
Congress took
the Farm Bill back up for consideration in February of 1996. The Compact
was included in the Senate version of the Farm Bill (Federal Agriculture
Improvement and Reform Act) that made it to the floor for consideration.
The Senate, however, stripped the Compact from the bill by amendment, by
a vote of 50-46, and passed the Farm Bill without the Compact legislation.
Following the Senate passage of the Farm Bill, the measure went to conference
and through the combined leadership of Conference Chair Senator Lugar and
Ranking Member Senator Leahy, the Compact was restored on March 21, 1996.
Congress approved the Farm Bill Conference Report with the Compact included,
on March 28, 1996. The President signed the legislation into law on April
4, 1996.
During the eight-year
process of combined state and federal review, the Compact was the subject
of approximately thirty, formal, legislative votes with only one negative
vote ever cast. The combined, individual vote tally was roughly 1300-125
in its favor
Secretary Glickman
Finds Compact in the Compelling Public Interest
Included
within the Conference Report were a number of Congressional conditions
of consent, among which was a requirement that, before the Compact could
be implemented, the U.S. Secretary of Agriculture must review the legislation
to determine if there was a "compelling public interest" for the Compact
in the Compact region.
Soon after the
Farm Bill became law, U.S. Agriculture Secretary Dan Glickman set a comment
period with a deadline of June 3, 1996, to make the "compelling public
interest" determination. As a result, the Secretary received just under
1,400 comments in favor of the Compact from New England and only 8 comments
in opposition to the Compact. In addition, Secretary Glickman received
220 comments in support of the Compact from beyond the Compact region and
95 in opposition to it.
On August 9,
1996, Secretary Glickman issued the following finding:
"The State legislatures
in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont
have approved the Northeast Interstate Dairy Compact, the governor of each
state has signed a resolution supporting the Compact, and the Congress
has consented to the Compact in the Federal Agriculture Improvement and
Reform (FAIR) Act of 1996. In addition, approximately 95 percent of the
comments the Department of Agriculture received regarding the Compact supported
its implementation. For these reasons, I have found that a compelling public
interest exists and have authorized the Compact States to implement the
Northeast Interstate Dairy Compact. This finding and authorization became
effective today and will be published in the Federal Register." |
Commission Organized
In May and June
of 1996, the governors of each state in the Compact region each appointed
a delegation of between three and five persons to be prepared to serve
as its representation on the Compact Commission once the Secretary has
made the finding. With the full Commission
of 26 members in place, the organization set to work on establishing
the formal set-up of the Commission and bylaws
to use as guidelines for Compact Commission activities and rulemaking.
This process was accomplished over an approximate four-month period which
included the Commission’s first four organizational meetings.
The first meeting
of the Northeast Dairy Compact Commission was held on September 12, 1996
in Concord, New Hampshire. This first gathering was an informal organizational
meeting at which Commission members formed four subcommittees: a Bylaws
Subcommittee, Regulatory Procedures Subcommittee, Administrative and Finance
Subcommittee, and Officers and Executive Nominations Subcommittee. Each
subcommittee was appointed tasks to be completed for review by the following
meeting.
The second meeting
of the Commission was held on October 17, 1996. Commission
members reviewed a proposed draft price regulation procedure as well
as a producer referendum provision and petition process for administrative
review by the handlers. Commission members also reviewed how the Commission
would finance administration of the Compact, existing debts, current and
on-going litigation costs, as well as an on-going budget. The Commission
voted to initiate a process to impose an administrative assessment on Class
I fluid milk marketed in the New England region in the amount of one-tenth
of one percent of the blend price, with the first assessment to be noticed
by November 5th for December milk receipts. Commission members
considered staffing issues and discussed proposals for the election of
officers and the establishment of a Committee on Administration.
During the third
organizational Commission meeting that was held on November 19, 1996 in
Concord, New Hampshire, members reviewed and made changes to proposed bylaws.
The bylaws were then approved
unanimously by the Commission. The Commission elected a board of officers
at this meeting. Michael Wiers, consumer representative from Maine was
elected as Chair; Mae
Schmidle, consumer representative from Connecticut was elected Vice-Chair;
Mary
Kassler, consumer representative from Massachusetts was elected Secretary;
and Powell Cabot,
processor representative from New Hampshire was elected Treasurer.
Aaron
Briggs, farmer representative from Rhode Island and Harold Howrigan,
farmer representative from Vermont were elected to the two At-Large positions
on the Committee on Administration. The Commission then appointed Dan
Smith as the Commission’s Executive Director.
Following the
organizational process at the November meeting, the Commission then decided
to initiate a Compact over-order price regulation proceeding and concluded
that two "subjects and issues" hearings should be held on December 17 and
19 at separate locations representing northern and southern New England.
Finally, the Commission discussed the possibility of receiving financing
from a group of Vermont banks, decided to hold an informal meeting with
processors in December, and ratified the imposition of the administrative
assessment adopted at the October meeting.
The fourth Commission
meeting was held in Northborough, Massachusetts on December 19. The Treasurer
and Executive Director presented a preliminary budget to provide for bare-bones
expenses and legal services, and noted that they had negotiated a bank
loan for $200,000 with a group of banks on favorable terms. The Commission
then adopted a resolution providing for the execution of the loan agreement.
Members approved a contract for the Executive Director’s position. And
a new Bylaws
Subcommittee was
appointed in case technical corrections to the bylaws
needed to be made.
Once the bylaws
were set in place and the administration of the Compact Commission was
established, the Commission began holding meetings on a monthly basis in
order to conduct business operations relevant to the Compact and initiate
rule-making procedures.
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