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March 18, 2011  
Inside This Issue.....
State Lawmakers Pass Budget, But Key Pieces Still Unresolved
Labor Bills Impacting Agriculture Moving Through the Process
Health Care Reform: Start Spreading the News
HR Alerts: Additional Record-Keeping Regulations Proposed
You've Got A Story To Tell Let's Get The Word Out!
Congress Approves Another Short-Term Spending Bill
House Ag Committee Asks Budget Leader to Go Soft on Ag Cuts
House Committee Approves Bill to Curb EPA Greenhouse Gas Authority
Klobuchar, Lugar Offer Bipartisan Bill on Ag and EPA Rulemakings
Ag Groups Assail Chesapeake Bay Watershed Proposal; House Ag Panel Weighs In
EPA to Delay Greenhouse Gas Permitting for Biomass Users
EPA Issues Extension to Greenhouse Gas Reporting Deadline
Ag Approps Chair Money for Food Safety 'Unwarranted'; Food Groups Oppose User Fees
Plant Breeding Academy Training Has A Big Impact on Career Development
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State Lawmakers Pass Budget, But Key Pieces Still Unresolved 

 

On Wednesday and Thursday this week, lawmakers worked and passed a bill authorizing a $123 billion state budget and other measures aimed at reducing state spending by $6.2 billion but did not act on three key measures necessary to balance the spending plan.  Most bills passed with Democrat votes and little or no Republican's joining.  

 

The budget voted on by the Legislature is close to that proposed by Democratic Gov. Jerry Brown in January aimed at closing a $25.4 billion budget gap with a split between spending cuts and extending several temporary taxes slated to expire this year.

 

At Brown's insistence, the taxes - an additional 1 percent of sales tax, a .25 surcharge on income tax and a higher license fee on vehicles - must be placed on the ballot for voter approval. Republicans - two of whom in each house must vote with Democrats to give voters that opportunity - have so far refused to do so.

 

Both the Assembly and Senate are "on call" over the weekend but unlikely to take any further budget action before Monday March 21.

 

Still unresolved are the most difficult budget issues - whether to eliminate redevelopment agencies - a bill to do so stalled one vote short of passage in the Assembly on March 16 - a bill to reduce a tax break for corporations that do business in multiple states and the legislation necessary to put the tax extensions on the ballot.

 

 "There's no plan to put people back to work. No pension reform. No spending cap. No changing government as usual. I think we're letting down the people of California," said Senate GOP Leader Bob Dutton of Rancho Cucamonga of the 919-page budget measure, SB 69, that the 40-member Senate ultimately approved on a party line 25 to 15 vote.  The Assembly subsequently approved the bill.  Democrats were able to pass the budget bill on a majority vote, thanks to vote approval of Proposition 25 in November.

 

Labor Bills Impacting Agriculture Moving Through the Process

 

On March 17th, following a difficult 2 day budget debate, the Senate Appropriations Committee met and passed out of the committee SB 104 (Steinberg) Card Check Bill on a party line 6-3 vote.  Next stop for the legislation is the Senate floor then it will move into the Assembly.

 

Other labor bills impacting agriculture will begin their legislative journey over the next few weeks.  AB 10 (Alejo) which increases the minimum wage to $8.50 cents on January 1, 2012, and possibly more importantly, will index increases in the minimum wage to increases in inflation will be heard March 30th in the Assembly Labor and Employment Committee.  AB 243 (Alejo) which would create joint liability for any farmer that enters into a legal contract for services with a Farm Labor Contractor will also be heard that day.  The association has been opposing these bills and will continue to work with other organizations to stop these bills in the legislative process. 

 

Health Care Reform:  Start Spreading the News
 

HR practitioners continue to provide leadership within their organizations in evaluating solutions for effective operations amidst the awakening economy and the ever increasing changes in legislation; particularly Health Care Reform. HR's key role is to drive/facilitate communication inside the organization.

Because of the attention Health Care Reform attracted before and after its passage, a thoughtful employee communication approach is important to manage misinformation, rumors and employee apprehension about the impact on their benefits package. Further, the initial changes mandated by the reform law give employers a platform for showcasing their health benefits in a positive light. For example, if an employer has not imposed a lifetime limit on health care benefits, this can be a good time to show emploees that the company has been ahead of the curve. 

Another communication opportunity comes from the requirement that employers include the dollar value of employer-sponsored benefits on employee Federal W-s forms starting with the 2011 tax year. Employers can take advantage of the opportunity to reinforce the value of the company's benefits by providing a total rewards statement. This can include everything from rewards and recognition, base-pay, bonus-pay, commissions, benefits and perks. Each individual and every business most certainly has a different interpretation...and in this area there really is no right or wrong answer.

Finally, organizations ought to communicate the non-financial advantages of working at their organization. Items such as casual-dress, alternative work schedules and on-the-job training go a long way towards total job fulfillment. Generally speaking, the total benefit package should range from 25% - 40% in additional compensation.

Most importantly, organizations who have implemented greater transparency/communication will create a competitive advantage as we emerge out of a recession. As new positions and options are made available in the workforce, your employees will better understand the commitment you have made to them and consider options carefully before moving to a new opportunity.

Contributed by Lori Kleiman, SPHR of HRAdvantage at 847.904.1250 or [email protected].

 

 

HR Alerts:  Additional Record-Keeping Regulations Proposed

 

In April 2011, the Wage and Hour Division (WHD) is expected to release a Notice of Proposed Rulemaking on the "Right to Know under the Fair Labor Standards Act." The proposed rule would require employers to provide employees with information about their employment earnings and status (e.g. exempt or non-exempt).  

COBRA Extension Expired. Congress passed the Omnibus Trade Act, which provided a short term extension of the American Recovery and Reinvestment Act (ARRA) until February 13, 2011. The provisions made changes to the Health Coverage Tax Credit (HCTC) that encompassed several tax credit percentage impacts. As of March 1, 2011, the IRS will no longer process new reimbursement requests either.

New ADA Accessibility Regulations. Effective March 15, 2011, the U.S. Department of Justice's Final Rule will revise and expand the regulations regarding the Americans with Disabilities Act (ADA). The amended regulations adopt the 2010 ADA Standards for Accessible Design, which implement new accessibility guidelines for government facilities and commercial places of public accommodation.

 

Uniform Coverage of Summary Explanation. By March 24, 2011, The Health and Human Services (HHS) agency is required to develop standards for group health plans and health issuers offering group or individual coverage by providing enrollees an accurate summary of benefits and explanation of their coverage in a document.

 

Delayed EEOC Final Rules on GINA and ADEA.

The Equal Employment Opportunity Commission (EEOC) had pushed back the anticipated date from October 2010 until this March for a final rule concerning the disparate impact burden of proof under the Age Discrimination in Employment Act (ADEA). Stay tuned for more updates.

 

(Source:  Paylocity News) 

 

 



You've Got A Story To Tell
Let's Get The Word Out!

 

 

Beginning this week the California Agricultural Communications Coalition (CACC) will host a weekly email to help farmers stay informed about key issues and events surrounding the industry. Our goal is to provide you with up-to-date information that will spur ideas about what to contribute on KnowACaliforniaFarmer.com. We'll also provide tips on extending the reach of your messages with social media tools and the best ways to engage consumers in productive dialog.

 

Brandon Souza will author these emails on behalf of the CACC. A native Californian, Brandon grew up on his family's farming operation in the Central Valley. Brandon is a graduate of Cal Poly, San Luis Obispo with a BS in Agricultural Business and has extensive experience in social media. He brings with him a passion to help farmers communicate positive messages about California agriculture.

 

If you don't have a contributor account for KnowACaliforniaFarmer.com, register at this link: http://www.knowacaliforniafarmer.com/communications-toolbox/register.phpp

 

 

California farmers - we've got a story to tell.  If you have any questions please reply to this email or contact [email protected]

 

www.knowacaliforniafarmer.com   

 

 

The California Agricultural Communications Coalition (CACC) is a coalition of farmers and agricultural organizations representing over 400 different crops grown and raised in California. Formed to unite the industry, the CACC has been involved in a proactive, positive communication initiative designed to humanize farmers and to help bridge the gap between urban consumers and their food.

 

 

Congress Approves Another Short-Term Spending Bill

 

Amid growing frustration within the ranks of his freshmen budget hawks, House Speaker John Boehner (R, OH) this week successfully pushed through the full House another short-term spending measure on a 271-158 vote which the Senate approved by an 87 to 13 vote. The latest stop-gap spending bill is a three-week continuing resolution set to expire just about the time the House must vote on whether to extend the federal debt limit. The bill funds the government through April 8, while cutting current spending levels by another $6 billion, mainly from program cuts identified in White House budget recommendations. Most of the cuts come from program authorizations funded but unspent and from earmarks for which money has not been allocated.

 

While some Democrats said cuts in spending would hurt the overall economy, budget hawks in the Republican party evinced strong frustration the bill did not go farther in cutting overall spending. In the House, fifty-four Republicans voted against the measure, saying at least another $50 billion in cuts are needed.  In the Senate, nine Republicans voted against the measure, four more than the previous two weeks.

 

FY2011 overall negotiations between the House and Senate continue, and leadership expressed optimism this week they will have a final package on the floor before April 18, the beginning of Easter recess.

 

House Ag Committee Asks Budget Leader to Go Soft on Ag Cuts

 

The House Budget Committee heard this week from the House Agriculture Committee that as action is taken to cobble together a FY2012 budget, consideration must be given to reductions already taken by agriculture and that expected recommendations for further spending cuts may go too far. In a letter to Budget Committee Chair Paul Ryan (R, WI), House Agriculture Committee Chair Frank Lucas (R, OK) and ranking member Rep. Collin Peterson (D, MN) called on Ryan to turn a deaf ear to calls to slash at least part of $5 billion in direct farm program payments, and reminded him that "while agriculture...constitutes 4.6% of U.S. Gross Domestic Product (GDP), the farm safety net now constitutes less than one quarter of one percent of the federal budget and 13% of USDA's budget." They also reminded Ryan of the number of program cuts USDA has withstood over the last few years.  

 

Among the cuts in ag spending cited by the ag panel leaders are USDA's projected savings of $6 billion over a decade from administrative and operating costs for crop insurance, and a $7.5 billion reduction on conservation, rural development, trade, research and energy programs from 2003 through 2010. However, the ag panel leaders did signal a willingness to look at further cuts in food stamp spending, which represents about two-thirds of USDA's budget, and was last increased in the 2009 stimulus package. Meanwhile, mainstream agriculture organizations continue to lean on Congress to bring parity back to federal spending cuts, pointing out agriculture is being hit with a 22% reduction in spending while the rest of the federal government is looking at slightly less than 10% on average. 

 

House Committee Approves Bill to Curb EPA Greenhouse Gas Authority; Second Committee OKs Action to Block EPA Pesticide Permit Rule

 

The full House Energy & Commerce Committee earlier this week approved legislation that would remove authority from EPA to regulate greenhouse gas emissions under its Clean Air Act (CAA) authority. And in a second blow to EPA regulatory authority, the House Committee on Transportation & Infrastructure joined the Energy & Commerce Committee's action last week and approved March 16 a bill to block EPA from requiring applicators of certain pesticides approved under the Federal Insecticide, Fungicide & Rodenticide Act (FIFRA) in or near navigable waters from having to get a second permit under the Clean Water Act (CWA).  The greenhouse gas bill takes away EPA's authority to require reporting and control of emissions from large-source emitters, including power plants and refineries. During a seven-hour committee mark up, an amendment was accepted stating the sense of Congress that science surrounding climate change continues to be controversial.  

 

Few other substantive amendments were accepted despite last week's promise by Rep. Ed Markey (D, MA) saying his side of the aisle was holding debate and amendments until the full committee markup. The House bill will come up for a floor vote likely before the April 18 Easter recess, but faces a tough road in the Senate, where an identical bill has been introduced. In a move to smooth Senate consideration, Senate Minority Leader Mitch McConnell (R, KY) this week introduced an amendment to an unrelated small business measure - identical language to that approved by the House Energy & Commerce Committee - to block the EPA climate rules, and Senate Majority Leader Harry Reid (D, NV) said he'll allow the McConnell amendment to be voted on. On the pesticide bill, the transport committee has primary jurisdiction over the bill because it oversees the CAA. 

 

Klobuchar, Lugar Offer Bipartisan Bill on Ag and EPA Rulemakings

 

Sens. Amy Klobuchar (D, MN) and Richard Lugar (R, IN), both members of the Senate Agriculture Committee, introduced legislation this week to "ensure that American farmers are represented in the decision-making process for environmental policies and regulations that could affect U.S. agriculture."  The bill gives the secretary of agriculture the authority to appoint up to three ag members to EPA's Science Advisory Board (SAB), so that on-the-farm technical experience and advice is part of EPA's decision-making process, Klobuchar said.  The SAB is charged with providing analysis and recommendations for EPA regulations that often impact agriculture, and currently, only one member of the 48-member board has agriculture expertise.  Klobuchar and Lugar both cited a growing list of pending and existing regulations that may produce "undue economic hardship" on farms and ranches, including air particulate ("dust") rules and dairy operations regulated under oil spill prevention regulations.  Endorsing the bill are the American Farm Bureau Federation, National Farmers Union, National Corn Growers Assn., National Wheat Growers Assn., National Milk Producers Federation and the National Council of Farmer Cooperatives.

 

Ag Groups Assail Chesapeake Bay Watershed Proposal; House Ag Panel Weighs In

 

A far-reaching plan by EPA to regulate farm runoff in the Chesapeake Bay watershed, a plan the agency says will be a model for other farm run-off initiatives across the country, has come under heavy fire from farm and ranch groups which say the agency has not taken into account the significant voluntary efforts made by industry to curb runoff.  At a House Agriculture Committee subcommittee hearing this week, full committee Chair Frank Lucas (R, OK) said, "Despite the successful efforts at the state and local level to improve runoff and water quality, EPA is seeking to impose unreasonable mandates on the amount of nutrients that can enter the Chesapeake Bay.  EPA and USDA performed models to determine the load estimates for the Bay and these analyses concern many - including me - because they produced strikingly different results."  The USDA analysis, presented at the hearing by David White, head of the departments Natural Resources Conservation Service (NRCS), shows only 19% of cropland in the watershed is in need of remediation, while EPA's model shows 47% in "critical need" of conservation.  Ag groups say the new EPA plan is unnecessary and will cause economic hardship to the farmers in the six states that make up the watershed.

 

EPA to Delay Greenhouse Gas Permitting for Biomass Users

 

Bioenergy and biogenic sources - including ethanol refiners - will not have to report greenhouse gas emissions under a three-year "deferral" announced by the agency this week.  EPA said the deferral will be used to "conduct a detailed examination of the science on this issue."  EPA plans to confer with state officials, other stakeholders and an independent scientific review panel to study how the emissions should be treated under EPA's air permitting program. EPA also said it was issuing new guidance to help permitting authorities determine that biomass can be considered a "best available technology" for C02 emissions control from large sources needing permits. Sources covered by the proposal include facilities that emit C02 from burning forest or agricultural products for energy, wastewater treatment, waste management and fermentation processes for ethanol production.

 

EPA Issues Extension to Greenhouse Gas Reporting Deadline

 

EPA has issued a final rule that extends the deadline for reporting 2010 data under the Greenhouse Gas (GHG) Reporting Program to September 30, 2011.  The original deadline was March 31, 2011. EPA previously announced its intent to extend the deadline on March 1, 2011.  The extension will allow EPA to further test the system that facilities will use to submit data and give industry the opportunity to test the tool, provide feedback, and have sufficient time to become familiar with the tool prior to reporting. In addition to the nine rulemakings necessary to comply with congressional direction for the program, over the past two years EPA has established a public help center that operates through its website and efficient mechanisms for stakeholders to get answers from EPA experts to detailed technical questions.

 

Ag Approps Chair:  Money for Food Safety 'Unwarranted'; Food Groups Oppose User Fees

 

As Dr. Margaret Hamburg, commissioner of the FDA told the House Appropriations Committee that with more money, her agency would prevent more foodborne illnesses and save lives, the panel's chair, Rep. Jack Kingston (R, GA) said the new omnibus food safety law "seems like an unwarranted expansion of FDA authority and programs," and he cited federal Centers for Disease Control (CDC) statistics showing a decline in U.S. food borne illness and deaths.  At the same time, 16 national food and agriculture groups put Congress on notice that user fees on industry to help fund the law are unnecessary. At question for the food groups is a call by FDA to revisit user fees for food, feed, and processing companies to register with the agency.  

 

These fees, approved in the House version of the bill, did not survive in the final legislation. Kingston criticized the new food safety law and FDA's estimate it will need to hire 17,000 more FDA employees, mostly inspectors, while costing $1.4 billion more in federal spending over the next decade.  Kingston, who has been a critic of the new law since it was first voted on in the House two years ago, went after Hamburg for the sheer size of the bureaucracy that would result from the new law.  His subcommittee cut FY2011 spending for the agency by $241 million last month.  However, despite Kingston's criticism, Hamburg said without the extra money, FDA cannot fulfill the requirements of the new food safety law, and a loss of funding would negatively impact FDA's cooperative agreements with the states.  Kingston said Congress will keep a "very close eye" on how FDA implements the new law.

 

Plant Breeding Academy Training Has A Big Impact on Career Development


A recent survey of UC Davis Plant Breeding Academy (PBA) graduates shows that the program has a significant impact on both the employer and the graduate-employee.  Graduates from the first two classes were surveyed with three statements measuring the impact of PBA on:  1) the contribution the graduates make to their organizations and 2) recognition they have received for their contributions. The graduates enthusiastically participated in the survey with more than 50% of them mailing in responses within the first 3 days of our inquiry.   

Eighty-nine percent of respondents agree or strongly agree that they have become more productive employees in their respective organizations;  72.2% of respondents agree or strongly agree that the complexity of their tasks and duties have increased as a result of PBA training; more than 55% of the respondents experienced positive career changes in terms of promotion and salary.

 

Dr. Rale Gjuric, Education Director, Seed Biotechnology Center, UC Davis reflects on the results of the survey and success of the program: "It is great to confirm that our graduates and their employers are benefiting from the training received through the PBA. It gives us a great satisfaction and sense of purpose. The recognition by the employers is another measure of industry satisfaction with the program. The European PBA Class I and PBA Class III are currently in progress, adding thirty more graduates by the end of 2012.  With the success of the European program and anticipated expansion to Asia, we expect to have a total of over 100 PBA graduates by 2014."   

 

The UC Davis Plant Breeding Academy is a postgraduate program that teaches the fundamentals of plant breeding, genetics and statistics through lectures, discussion, and field trips to public and private breeding programs. Employers appreciate the opportunity to provide their valued employees advanced training without disrupting their full-time employment. Participants attend six 6-day sessions over the period of two years. The instructors are internationally recognized experts in plant breeding and seed technology.  

 

Applications are now being accepted for the second class of the European Plant Breeding Academy beginning in October of 2011.

 

For more information on the UC Davis European Plant Breeding Academy or the Plant Breeding Academy in the United States visit http://pba.ucdavis.edu or contact Joy Patterson, [email protected].