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July 23, 2010
Inside This Issue.....
CSA New Membership Year
Government Affairs Report
Reid Opts to Go with Limited Energy Bill with No Emissions Caps
Action on Food Safety Legislation Questionable; Dingell, Feinstein Exchange Angry Letters
Chem Security Reauthorization in Doubt
Positions Wanted
  ________________    
CSA New Membership Year
 
The California Seed Association is in a new membership year. The past year was exciting and quite active with CSA providing its membership with many benefits and effectively representing the interests of the California seed industry in Sacramento.
 
This year the CSA has been tracking and responding to legislation that impacts the seed industry.  With no seed specific bills in the legislature this year we have been aggressive in our efforts to protect the seed industry from frivolous regulations or legislation. In addition, we are monitoring and responding to legislation dealing with labor, water and general business activities. 
 
CSA continues a proactive approach to addressing issues that impact the seed industry.   Work groups facilitated by CSA, focused on Verticillium wilt, spinach Downy mildew and food safety have made good progress towards a better understanding of these issues and developing future action steps. Assisting members with phytosanitary issues remains a high priority. Through partnerships we continue to work towards better clarification on export and re-export issues.  CSA continues to work to bring new 24(c)s and retain the use of existing products. Some successes this year include; Pro-Gro (Onion), Nusan 30 EC (safflower) and Hero EW (alfalfa). 
  
We thank you for your continued support in CSA for 2010-2011.
 
 
 Government Affairs Report 
  July, 2010
 

As the summer heats up, so does the state budget.  The current estimate for the budget shortfall is approximately $20 billion.  The Governor has introduced a "no tax" budget and few believe that there are Republican votes for a tax increase.  Therefore, this budget will likely consist of cuts and new fees.  The business community is working closely to monitor all fee discussions and oppose new fees on businesses.  Many predict that a budget resolution will be elusive until at least the middle of August.
 
On June 8th, California held its primary election.  The election results held few surprises. Proposition 14, placed on the ballot by the Legislature will result in a new "top two" primary system that many believe in a few districts will result in more moderate candidates for the general election.  For November, the well publicized and funded Governors race pits the political experience of Jerry Brown (D) with the business acumen of Meg Whitman (R).  Another important race for business entities is the attorney General where SF District Attorney Democrat Kamala Harris will be running against LA District Attorney and Republican Steve Cooley.  In a very close election in SD 40, Juan Vargas a "pro business Democrat" beat Assembly member Mary Salas by 22 votes.  Salas is contesting the vote count and has demanded a recount - stay tuned.  Due to extensive gerrymandering, there are few close Assembly and Senate races in the general election but to name a few:


SD 15 Special Election August 17th.  The official ballot contains 4 people but the race is really between Assembly member Sam Blakeslee (R) and former Assembly member John Laird (D).  In the first round, Sam came within 700 votes of obtaining the 50% plus one vote threshold of wining outright.  In recent polls Blakeslee is opening up an 11 point lead.
SD 12 pits Ceres Mayor Anthony Canella (R) against Salinas Assembly woman Anna Caballero. 
SD 1 In a sad note, well respected Senator Dave Cox passed away on July 13th.  This will set up a special election in a strong republican seat likely between Assembly member Ted Gaines (R) and Assembly member Roger Niello (R).
AD 30 West Fresno, Kings and Kern Counties - Currently held by Danny Gilmore who is retiring.  David Valadao (R), a Dairyman from Kings County is running against Fran Florez, mother of retiring state senator Dean Florez. 
AD 10 in Sacramento, Lodi, Amador and El Dorado County is a rematch between the current Assembly woman Allyson Huber (D) and Jack Sieglock (R), former San Joaquin County Supervisor.
AD 15 - This expansive district cuts across Alameda, Contra Costa, San Joaquin and Sacramento Counties and also is a rematch of the 2010 participants Assembly woman Joan Buchanan (D) versus former Mayor Abrahm Wilson (R). 
 
Agricultural Labor Legislation: 
 
The two greatest threats to agriculture come in the form of legislation that would dramatically alter the rules for agricultural field employees.  CSA has joined a coalition of agricultural groups opposing these two bills and funding a public outreach campaign to educate the public and decision leaders of the negative impacts as well as to position for a veto. 
 
SB 1121 (Florez) "Overtime After 8 Hours for Ag" Bill Passes Assembly - on to Governor
This measure that would require employers pay overtime for agricultural field works after 8 hours instead of 10 passed the Assembly last Thursday on a 46-26 vote.  In addition to the overtime provisions, the law would apply the same meal and rest period requirements on agricultural employees that employers must provide all workers.  SB 1121 (Florez) is opposed by many agricultural groups who are working hard to encourage the Governor to veto this costly and burdensome bill. 

 
SB 1474  (Steinberg) This bill the current version of "card check" for ag employers providing unionization without a secret ballot if a majority of workers sign a "card".  This bill is currently pending action in the Assembly Appropriations Committee
 
General labor issues:
 
AB 810 (Leno) Single Payer Health Care - This bill requires the development and implementation of a single payer health care system in California. 
 

SB 990 (Hollingsworth) Meals and Rest Periods - Allows more flexible and appropriate standards for employers and employees to schedule mandatory breaks throughout a shift.  This bill has been held in the Senate. 


Water:


Schwarzenegger backs delaying water bond vote until 2012, Key Campaign Supporters Agree
Gov. Arnold Schwarzenegger said Tuesday he will work to postpone the vote on the $11.1 billion water bond, now on the November ballot, to 2012 to "avoid jeopardizing its passage." "After reviewing the agenda for this year, I believe our focus should be on the budget -- solving the deficit, reforming out of control pension costs and fixing our broken budget system," he said in a statement. "It's critical that the water bond pass, as it will improve California's economic growth, environmental sustainability and water supply for future generations."


The water bond was part of a major water deal was negotiated last November resulting in 5 major policy bills and an $11.17 billion water bond on this November's ballot.  During the negotiations, several issues were removed from the final package to garner support.  Two of those issues have been reintroduced this year and are threats to water users and landowners.


SB 565 (Pavley)  Water Rights Encroachment This legislation would add additional authority to the State Water Quality Control board to inspect private property with little limits on their authority, require landowners to partake in environmental studies at the landowners personal expense, increase fees and penalties on water users and diverters, and remove procedural requirements such as hearings by the board.  A large coalition of ag, business and water districts are opposing this legislation.

 

AB 2092 (Huffman) User Fees to Fund Water Programs This bill is intended to provide water user fees to fund the Delta Plan and all the elements of that plant, which could reach several billion dollars.  The bill is undergoing amendments by the author to address some of the issues but a similar coalition of groups is still fighting this bill. 

 

AB 2775 (Huffman) Water Bond Clean Up, JPA Issues - This bill was introduced recently to address an issue that has arisen in the water bond that deals with funding Joint Power Authorities.  The provision was placed in the bond on behalf of Northern California Agriculutral water users and is being negotiated with them to address the technical issues. 
General Business and Agriculture Legislation:
 
AB 1721 (Swanson) - Pesticides near schools - would prohibit the use and application of agricultural pesticides within � mile of a school.  This includes all pesticides including public health applications. 
 
AB 2070 (Monning) Fumigants: Methyl Bromide and Chloropicrin - This measure is a spot bill introduced by the author to address fumigant issues possibly initiated in anticipation of the registration of the fumigant "Midas." 
 
AB 2240 (Ma) Market Enforcement Branch at CDFA - This bill implements suggestions from the Market Enforcement Branch Advisory Committee including increases in some fees for services provided.  In their review the Market Enforcement Advisory Committee has identified cut flower sales as an area that needs further enforcement. 
 
AB 2540 (Nielsen) Williamson Act Cancellation Fees - This bill directs Williamson Act Cancellation fees be used to fund the program. 
 
AB 2595 (Huffman) Agricultural Water Quality Discharge Requirements - this bill would require the suspension of a grower identification number for agricultural dischargers who violate clean water laws.  
 

SB 1417 (Leno) Air Pollution Penalties Inflation Adjustment - This measure indexes the maximum civil and criminal penalties for air violations annually to inflation. 

 

AB 2529(Fuentes) Environmental Regulations - Requires additional review of regulations at CARB, Energy Commission, Cal EPA to undergo additional analysis of the economic impact of regulations prior to enactment.

 

Other Issues being followed by California Seed Association

 

AB 32 Implementation - AB 32 would require significant carbon reduction emissions across the entire California economy.  This will impact all business and residences as it is implemented.  However, there may be ways for agriculture to minimize the impact through properly developed carbon banking, offsets and trading programs.

 

Williamson Act - Funding for the Williamson Act was suspended for one year.  If this lack of funding becomes permanent it results in nearly $40 million tax increase to agriculture.
CDFA funding - the association office has hosted several discussions with the agricultural industry and CDFA concerning ongoing funding for the department and the programs such as pest detection and eradication, animal health and many other programs where the industry and general public benefits.


Diesel Truck Retrofit and Off Road Diesel - CARB has implemented on road diesel truck rules that will impact agriculture.  The association office was very involved in developing and supporting the ag alternative that was implemented.  CARB has now set its sites on "off road" diesel.  We will continue to work on this issue as it develops. 


Business Net Revenue Tax - The Commission on the 21st Century appointed by Governor Schwarzenegger to address tax policy, released a report in September that identified several provisions including initiating a Business Net Revenue Tax.  

 
Reid Opts to Go with Limited Energy Bill with No Emissions Caps
 
Even with the White House weighing in on an energy bill that "puts a cost on carbon" and imposes emissions caps on electric utilities by meeting with industry executives this week, Senate Majority Leader Harry Reid (D, NV) announced he will bring to the floor as early as next week a much pared-down energy bill without any carbon emissions caps or cap-and-trade components, a bill he hopes will attract enough votes to pass the Senate.  Unable to get buy-in from the utilities industry for an electricity-only bill, and facing staunch opposition from members of his owner party-over emissions caps and cap-and-trade provisions, Reid decided to go with what's politically possible. 
 
However, stakeholders in the energy debate are convinced no consensus on any energy or climate package will emerge any time soon, and any narrower Senate approach would have to be accepted by the House, which has passed a much more comprehensive climate change/cap-and-trade bill. The Reid approach will be a "four-part bill" he said will set up the broader climate change/energy debate for more action beginning in January when Congress reconvenes for the 112th Congress. The draft Reid discussed this week will impose stricter, higher liability requirements on oil companies for spills, embrace the "energy-efficiency initiatives" included in the federal Homestar program necessary to get homeowners to install energy-efficient systems through a series of federal rebates; provide incentives for the development of natural gas-powered vehicles, and increase federal investment in the Land & Water Conservation Fund because protecting open space "will help ensure our land and water are protected long into the future,"
 
Reid said.  Reid's decision came after he met this week with his caucus to confront what kind of energy package the Senate could complete this year.  He met last week with the five committee chairs which must bless an energy package, including Senate Agriculture Committee Chair Blanche Lincoln (D, AR), a staunch opponent of any cap-and-trade scheme. 
 
Action on Food Safety Legislation Questionable; Dingell, Feinstein Exchange Angry Letters

 

The long-pending Senate food safety bill appears no closer to floor action as Sen. Dianne Feinstein (D, CA) continues to hold out for inclusion in the bill a full ban on BPA, a resin used in plastics manufacture and as a can liner in the food industry.  The situation erupted this week when Rep. John Dingell (D, MI), chair emeritus of the House Energy & Commerce Committee and author of the House version of food safety legislation, sent Feinstein a strongly worded letter telling her to stop her "obstruction" of the legislation, and warning her "time is running out" and her demands for a BPA ban could impose a "calamitous" outcome on the fate of the legislation.  Feinstein shot back, "I am surprised, as a longtime legislator, you released a public letter based on inaccurate information before reaching out to me personally." Feinstein said she has no hold on the bill and is trying to work with committee staff to find common ground.  She said if that's not possible, she'll offer a floor amendment to ban BPA, but Senate supporters of the bill are working to avoid such time-consuming and bitter floor battles.
 
One media report said Sen. Mike Enzi (R, WY), ranking member of the Senate Health, Education, Labor & Pensions Committee (HELP), agreed to ban BPA immediately in baby bottles and cups used by infants, but wants FDA and the National Institutes of Health (NIH) to review the existing science on BPA before deciding how or if to regulate the resin. The bill, S. 510, is a bipartisan effort by Sens. Richard Durbin (D, IL), HELP Chair Tom Harkin (D, IA), Enzi, Richard Burr (R, NC), and Judd Gregg (R, NH), and enjoys support from industry and consumer groups, but the grocery industry has threatened to pull its support if a BPA ban is included in the legislation. This week Safe Tables Our Priority (STOP), a group formed by the Consumer Federation of America (CFA) to push for stricter food safety regulation, implored Feinstein to get out to the way of Senate action. 
 
The longer the bill languishes the less time there is to debate and pass the legislation given the Senate's crowded calendar between now and September, including a five-week summer recess.  Also in play is the cost of the bill, which FDA estimates would require it to hire 15,000 new inspectors.  In the wings is another possible amendment, this one by Sen. Byron Dorgan (D, ND), who retires after this session, to allow U.S. citizens to buy cheaper U.S.-made drugs from Canada. When he first heard of Dorgan's idea last May, Dingell said, "I wonder if he is trying to kill the bill." 
 
 
Chem Security Reauthorization in Doubt

Another potential victim of the quickly narrowing calendar for Senate action is legislation to reauthorize federal law requiring chemical facilities to increase security and the use of "inherently safer technologies."  Sen. Susan Collins (R, ME) and Sen. Frank Lautenberg (D, NJ) have introduced competing bills, with Lautenberg's version taking a similar strategy as a bill that has passed in the House, requiring chemical facilities to submit to the Department of Homeland Security (DHS) security plans, including the use of new technology to minimize risk of a terrorist attack.  Collins' bill does not include the technology mandate, and she said at introduction, "Congress should not dictate specific industrial processes under the guise of security when a facility may choose other alternatives that meet the nation's security needs."  She's pushing Senate Homeland Security Chair Joe Lieberman (I, CT) to mark up her bill within the month, but Lieberman has publicly said he supports the safer technologies approach.  Collins' bill is supported by the American Petroleum Institute (API), the National Association of Manufacturers (NAM) and the Chemical Producers & Distributors Assn. (CPDA).  
 
 

 
Positions Wanted
 
 
Two Time CSA Scholarship Recipient Frances Rond is looking for employment in the Seed Industry. Frances is currently a Graduate Student Research Assistant at the
University of California, Davis. (
click here for a copy of Frances' Resume)
 
Cal Poly Graduate, Jordan Waltman is seeking a career in the agricultural industry that will allow him to utilize the skills in communication and customer satisfaction. (click here for a copy of Jordan's Resume)
 
 
Position Available
 
APHIS BRS Biotechnology Quality Management System vacancy announcement
United States Department of Agriculture
Animal and Plant Health Inspection Service
Biotechnology Regulatory Services
Vacancy Description: GS-0301-09/11/12
Open Period: July 12, 2010 through August 2, 2010
 
Introduction: This position is located in the Compliance Assistance Branch within the Regulatory Operations Program of Biotechnology Regulatory Services. The purpose of this position is the continued development, implementation, evaluation and improvement of the APHIS Biotechnology Quality Management
System Program (BQMS Program) and other compliance assistance activities and tools.
Activities include, but are not limited to, conducting training and outreach workshops, conducting evaluations of third-party auditors of the BQMS Program, serving as technical experts with third party auditors of the BQMS Program, and developing additional compliance assistance tools to provide outreach and education to the APHIS regulated community.

Duties and Responsibilities: The incumbent will conduct analyses of operational performance to ensure program effectiveness and efficiency. In addition, the incumbent will coordinate with internal and external partners to accomplish the evaluation of compliance assistance activities throughout the United States and serve as an expert resource for industry third-party auditors on biotechnology regulatory requirements. Travel will be required.

Qualifications: Specific qualifications include, but are not limited to:
 Knowledge of quality/environmental management system (i.e., ISO 9001, ISO 17021, HACCP,
etc.) principles, concepts and practices.
 Knowledge of agricultural best management practices, laws, regulations, policies, initiatives, and
precedents as they relate to regulatory compliance.
 Knowledge of qualitative and quantitative techniques to analyze and measure operational
effectiveness, efficiency and productivity.
 Ability to gather information from multiple sources and analyze reports and other documents to
identify and understand issues/problems.
 Strong oral and written communication skills, especially as related to identifying and
recommending actions to resolve critical issues.
 Skill in providing outreach and education.
 Ability to work in a team-based environment.
 Skill in diplomacy and tact when working with others, internal and external to BRS and the
Agency.

For further information, and how to apply, please refer to: www.usajobs.com. Enter vacancy
announcement: 24BR-2010-0026 for public applicants; 6BR-2010-0028 for government applicants
UPCOMING DATES
 
2010
   
Sept. 14-15, 2010 - Mid Year Meeting, Hyatt Monterey, CA 
 
 
2011
 
January 22-26, 2011 - CSA Annual Convention in Conjunction with the 50th Anniversary of ASTA's Vegetable & Flower Seed Conference, Hyatt Regency in Huntington Beach, CA
 
 
October 11-12, 2011 - Mid Year Meeting, InterContinental Hotel in Monterey, CA