DRAFT OPEI Board Book 0625

US Consumer Product Safety Commission Mr. Mustico introduced Erika Jones, a partner in the DC office of Mayer Brown, who provided an overview of the immediate impacts of the new administration on the CPSC and “independent” regulatory agencies more generally. The new administration is advancing a policy of unitary executive authority, questioning the statutory independence of agencies such as the CPSC and its respective commissioners. Currently the commission continues to have a 3-2 majority of Democratic commissioners although shortly after inauguration day they independently elected Peter Feldman the senior sitting Republican commissioner as the acting chair. Ms. Jones also highlighted several new executive orders which question the independence of CPSC, chill the power to initiate rulemaking, and require the rescission of existing rules. It is further expected that these orders, and potential future orders, could lead to the removal of sitting commissioners and bring into question the future existence of the CPSC generally. Mr. Mustico updated the board on the ongoing efforts of the member working group addressing the CPSC’s concerns related to riding mower safety. The vendor hired to respond to agency research on backover/runover hazards is expected to complete its work this spring. That project was funded in the FY24 and FY25 budgets. The working group has now asked OPEI to hire a third-party expert to conduct a human factors study of mower design changes which potentially can help mitigate backover/runover hazards, and lead to revisions of industry standards. A proposal for that work is expected to be included in June’s FY26 budget. The working group has also been analyzing incident data related to operator rollover hazards, to inform future potential changes to industry standards. Regardless of the changed posture of the CPSC, expected to be consistent over at least the next three plus years, the working group advises that this important work continue. Mr. Knott gave an update on the UTV proposed rules. OPEI submitted comments to an open data-related comment period in November, highlighting errors in the cost analysis that led to grossly overestimated rulemaking benefits. Based on the current political environment staff believes it is unlikely that a Final Rule will be proposed anytime soon. TurfMutt Mr. Kiser commented that the TurfMutt program continues as the main advocate for open space in backyarding for our current campaign for preserving public space. Hearst has been a major media partner in delivering our message and awareness of TurfMutt through their broad reach to a national audience. Hearst has offered the TurfMutt Foundation the title sponsorship of Lucky Dog Reunions, a CBS Morning television show in the FCC-negotiated Education and Information (E/I) block for $1.2 million for the 2025-2026, 52 week season, which would include a sponsorship call-out in every episode as well as four segments showcasing the TurfMutt Great Lawn, Equip Exposition and outdoor power equipment and the landscaping industry. Historically, the title sponsorship has been a $4 million investment. Lucky Dogs Reunion is the number 1 pet television show on air. The anticipated spend for FY26 is approximately 10% of OPEI’s overall budget. Mr. Nelson motioned to move forward with the allocation of $1.2 million to fund the Hearst proposal FY 2026 and Mr. Ariens seconded the motion. The Motion passed by acclamation.

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