The House announced this week that members would begin their election recess a day earlier than planned. That followed an earlier decision to cancel the chamber’s final two scheduled September workweeks after Congress approved government funding through December 11. The Senate, however, remains in session and is scheduled to continue working into early October leaving a narrow window for Senate action before lawmakers fully turn their attention to Election Day.

One of the realities of advocacy is that sometimes timing matters almost as much as policy. Issues can move because there is an urgent problem to solve or when political conditions, legislative priorities, and the congressional calendar align.

With less than two months remaining before the midterm elections, all those factors are increasingly shaping what can move now and what will likely wait until after voters head to the polls.

We received a broad federal and state policy update from our team in Washington this week, and the overarching takeaway was pretty simple: if an issue is not already moving, it will have a hard time getting attention before Election Day. That doesn’t mean our priorities have stalled. In many cases, it simply means the action is shifting to November and December.

What Doesn’t Stop During a Congressional Recess?

The House may be leaving town, but that doesn’t mean the legislative process comes to a complete stop. In many ways, the weeks leading up to an election are when organizations, coalitions, agencies, and congressional staff begin laying the groundwork for what comes next.

One issue that remains alive is the effort to overturn California’s Small Off-Road Engine (SORE) waiver through the Congressional Review Act. TCIA has been actively involved in coalition advocacy on this issue because of its potential impact on equipment commonly used by our industry. Even with the House now in recess, this week’s passage of two other California waiver resolutions served as a reminder that the issue has not disappeared. There is still discussion about whether the Senate could act on the remaining waivers, including SORE, before leaving Washington. In the meantime, coalition partners continue laying the groundwork for whatever comes next.

Workforce issues remain very much in focus as well. The first-half H-2B cap for fiscal year 2027 has already been reached, underscoring the ongoing demand for seasonal workers. TCIA and other members of the H-2B Workforce Coalition are urging the Administration to quickly make available the additional 64,716 supplemental visas authorized by Congress. For many tree care companies, access to a dependable workforce remains one of the most important challenges they face, making this an issue that will continue to receive significant attention.

Another item worth watching is the Senate confirmation of Acting Secretary of Labor Keith Sonderling. Unlike the House, the Senate remains in session and will continue considering nominations and executive business in the weeks ahead, leaving an opportunity for action on his nomination before lawmakers fully turn their attention to Election Day. TCIA supports his confirmation.

In other words, a congressional recess doesn’t necessarily mean everything comes to a halt. Some issues may still move, others may have to wait, but the work continues either way. Advocacy is often about being ready when an opportunity appears, whether that’s a Senate vote, an agency decision, or a legislative opening that nobody saw coming a few weeks earlier.

What Is Likely Waiting Until After the Election?

Wildfire legislation appears increasingly likely to carry into the post-election lame duck session. Several bills that could improve utility vegetation management and hazard tree management continue to attract support, but progress has been slower than many advocates hoped. With Congress shifting its focus toward the election and year-end priorities, any significant movement may be more likely during the post-election lame duck session.

The 2026 Farm Bill remains one of the largest unresolved issues facing Congress. The House has already passed its version, and the Senate Agriculture Committee advanced its bill this week, clearing an important procedural hurdle and sending it to the full Senate. While supporters continue to push for enactment this year, the legislative calendar is growing increasingly compressed, leaving a limited window for Senate consideration and negotiations between the two chambers before the election.

The Regulatory Front Never Sleeps

While Congress slows down during campaign season, regulators keep working.

The OSHA Tree Care Standard remains on the federal regulatory agenda, and OSHA continues developing a proposed rule. While some observers believe publication could slip beyond the election, the rulemaking effort continues to show signs of forward momentum.

The good news is that support for a tree care standard continues to grow. As noted last week, the Small Business Administration’s Office of Advocacy recommended that OSHA move forward with a proposal grounded in ANSI Z133 and informed by previous small-business recommendations.

Another issue generating significant attention among TCIA members is the federal enforcement of commercial motor vehicle driver license English-language proficiency requirements. While the underlying requirement itself is not new, FMCSA has increased roadside enforcement and is now proposing to codify its policy for placing drivers out of service for violations.  TCIA members have raised important questions about how inspectors apply the standard, what questions drivers may be asked during roadside inspections, and how existing work-related exceptions could apply to tree care operations. TCIA continues to monitor the rulemaking and evaluate opportunities to ensure those concerns are understood by federal regulators.

Heat illness prevention standards are also continuing to develop.

• At the federal level, OSHA regulatory agenda now calls for a supplemental proposed rule in December 2026, followed by final action in October 2027. The supplemental proposal means OSHA intends to take another rulemaking step before finalizing a national heat standard rather than proceeding directly to a final rule based on its 2024 proposal.
• At the state level, Virginia has begun developing a workplace heat illness prevention standard following legislation enacted earlier this year. Regulators are currently assembling a Regulatory Advisory Panel to provide technical expertise and stakeholder input as the standard is developed.

Meanwhile, California and Colorado continue advancing policies related to equipment emissions, climate resilience, and wildfire mitigation that could eventually influence policymaking in other states. While many of these initiatives would have only limited immediate effects on most tree care companies, they remain worth monitoring because state regulators frequently look to one another’s approaches when developing new regulations.

The Bottom Line

As we head toward November, the flow of news coming out of Washington is likely to accelerate. The challenge is that much of it will focus more on politics and less on policy. The next several weeks may feel more like theater than policymaking at times, but important policy work will continue in the Senate, at federal agencies, and behind the scenes as stakeholders prepare for the post-election legislative window.

Throughout all of this, TCIA will continue working to keep our priorities in front of the policymakers, regulators, and stakeholders who can influence them.

Have a great weekend!