Seed Shorts
    

header

February 10, 2012   
Inside This Issue.....
Your Association Will Be At The World Ag Expo
Government Affairs Report
Updated Statement on Seed and Human Pathogens Available
Cal/OSHA Issues Hazard Alert and Launches Confined Spaces Emphasis Program
Upcoming Meetings
 ________________    
Your Association Will Be At The World Ag Expo - Tulare

Stop by our booth and see your association staff at the World Ag Expo in Tulare - Feb. 14-16.   

Our booth number is #6108 in the Dairy Pavilion.

 

See you there!


Government Affairs Report
   

February 2012 

 

Following the interim break, the Legislature returned to the state Capitol on January 3rd to begin the second year of a two year session. This is likely to be a unique year due to implementation of several voter enacted initiatives and the fact it is an election year. Legislators will be running in districts that have been crafted by a "citizen's commission" that have nested several sitting Legislators in the same district and made a few more "competitive" seats. Additionally, this will be the second year of a majority vote budget. Last year Republicans held some leverage due to the Governor's desire to place a tax plan in front of the voters which requires a 2/3 vote. With the Governor taking his plan to the voters through initiative, he does not need the Republicans for any major actions, including tax increases.  

 

Local Government funding and allocation of responsibilities will continue to be major issues with the demise of redevelopment and the prison realignment.   Infrastructure development and funding will take center stage this year with the release of the Bay Delta Conservation Plan, the continued controversy over high speed rail and discussion about CEQA reform for major transportation and construction projects.   Finally, many progressives in the Legislature are getting "restless" with all this talk about regulatory reform, pension reform and cuts to social programs and they may start to create issues for Governor Brown's agenda.  

 

GOVERNOR RELEASES BUDGET

 

Governor Brown released his 2012-13 state budget on Thursday January 5th. The total general fund spending is $92.6 billion dollars and is highly dependent on the passage of a $6.9 billion November initiative to increase taxes on sales and high earners. Because the initiative is voted on in November, this budget relies on $4 billion in revenue from that measure, with the total amount available for future budgets. The budget also provides "trigger" cuts if the initiative fails which would go into effect mid-year.

 

For agriculture, the budget includes a permanent decrease to various CDFA programs of $12 million in 2012-13, as part of a two-year effort to achieve $31 million in ongoing General Fund savings.  This reduction impacts various programs relating to pest prevention, border control station, and food safety activities.

 

Specific CDFA budget actions of interest to agriculture:  

 

Increases in fees -

  • $1,150,000 - Replace Interior Exclusion Program and Plant Pest Diagnostics Laboratory General Fund with phytosanitary fees for certification to move nursery stock. This could impact nursery stock movement and cut flower movement out of quarantine areas.

Reductions and Shifts -

  • $4,382,000 - Decrease General Fund for operations at Border Protection Stations. The General Fund reduction will result in reduced operations at several stations.       
  •  Budget offsets cut with a shift of $1,432,000 in reimbursement authority from CalRecycle to operate border stations to reduce fraud in the recycling program.

 

Program Efficiencies and Reductions in Program Scope -

  • $953,000 - Limit activities within the Light Brown Apple Moth program to federally funded activities only, such as a sterile release program which may increase nursery and farmers exposure to quarantines.
  • $701,000 -Eliminate General Fund support for Biological Control activities.
  • $366,000 - Reduce Plant Pest Diagnostics and Seed Laboratories via program efficiencies.
  • $2,400,000 - Reduce Local Assistance to counties for Trapping and/or High Risk Pest Exclusion activities, including inspection of incoming shipments of plants, fruits, vegetables, and conveyances at destination points throughout the state.

 

LEGISLATIVE ACTIVITY

This report discusses activities implementing bills that were passed last year, actions on "2 year bills" that will be occurring this winter and administrative actions. February 24th is the bill introduction deadline for legislation to be introduced this year. The legislative session will end on August 31, 2012.

 

Implementing Laws from 2011 Farmers, processors, feed companies and others will be implementing laws from 2011. The Association will be working on these issues through the administrative process.

 

SB 126 (Steinberg) After vetoing the "card check for ag bill" in the summer, the Governor signed SB 126 (Steinberg) which retains the secret ballot. However, upon a finding by the ALRB of an unfair labor practice during the election that rises to a level where a fair election cannot be held, the ALRB can certify a union as the sole representative for that workplace. The ALRB has developed draft regulations for this measure. We will be working with a coalition to submit comments.  

 

AB 243 (Alejo) Mandates employer information on the pay stub of every agricultural employee. Expressly states this does not create joint liability to the employer for violations of a labor contractor. We will be monitoring the development of regulations to implement this bill.  

 

SB 617 (Calderon) Requires additional economic review and alternative assessments for all regulations developed by any agency in California after Jan. 1, 2013 that would have an impact over $50,000,000. The association worked closely with the coalition supporting this measure.  

 

Priority Bills for 2012

 AB 1313 (Allen)

Overtime for Agricultural Field Workers - This measure would require agricultural employers to pay overtime for any employee who works more than 8 hours a day or 40 hours in a work week. This bill was removed from "inactive" file and sent to the Senate Labor Committee.


AB 685 (Eng)

Would declare as state policy that every human being has a right to clean affordable water for cooking and sanitary purposes. The bill requires every state agency to consider the policy when making decisions. This bill is being held in Senate Appropriations Committee and could be available for vote anytime.

  
Water Bills for 2012  Water is always an issue in California and can impact business, residential and agricultural interests.

AB 550 (Huber) Prohibits the construction of a peripheral canal unless expressly authorized by the Legislature. This bill died in committee last year, however Assemblymember Berryhill is considering introducing a similar bill this year.

 

SB 34 (Simitian) Establishes the intent of the Legislature to establish water fees on all water appropriators to fund water infrastructure. This bill died in Committee but funding water continues to be a topic of legislation.

 

SB 250 (Rubio) This measure will memorialize several of the BDCP benchmarks and goals to encourage that it stay on track.

 

SB 900 (Steinberg) Addresses the make up and conflict of interest provisions for the Regional Water Quality Control Boards as well as shrink the number of board members from 9 to 7 and reduce number of boards. This bill is sponsored by agriculture but is being negotiated with the Governor's office who is showing significant interest in the issue.

 

SB 965 (Wright) The measure is intended to streamline permits at the Water Board by making a declaration that certain permits at the Water Board are not within the meaning of a "decision" as defined by the APA.

 

Water Bond

There were many legislative bills introduced to address the pending $11.9 billion water bond pending for 2012 election. Here are just two examples.  

 

AB 157 (Jeffries) Reduces the 2009 water bond that will be on the 2012 ballot by 25%.

 

AB 467 (Eng) makes non substantive changes to the 2009 water bond that will be on the 2012 ballot. Bill is being held for future discussions on the water bond.  

 

Water Resources Board May Reconsider Storm Water Runoff Rules

In a four-hour  hearing recently conducted by the State Senate Committee on Job Creation and Retention, the  California Water Resources Control Board's Executive Director Tom Howard admitted that the agency had proceeded  "too much and too fast" as it drafted controversial new regulations on storm water runoff on both public and private sites. He said the agency will redraft their proposal and will consider factors raised by the state's businesses and industry.

 

The hearing was called by the committee chair, Senator Roderick Wright. Other attendees included Senators Ted Gaines, Bob Dutton, Bob Huff and Michael Rubio. In starting off the hearing, Senator Wright noted that the actions of the Water Board were "ill-timed, heavy-handed, and pre-decided, " with little opportunity for opponents to have input.  He noted that while the Water Board does not have to consider the economic impact of their actions, they would be advised to do so."

 

The California State Water Resources Control Board has proposed the state adopt the most stringent storm water permit regulations in the country. The cost to business for monitoring and compliance will increase significantly if these rules are adopted. Add to that the increased risk of liability lawsuits and the need for investment in structural modifications.   The new permitting requirements are far and beyond federal EPA rules and would impose arbitrary limits on contaminants that may be in runoff. 

 

 

Updated Statement on Seed and Human Pathogens Available  - January 2012
  
At the recent ASTA Vegetable & Flower Seed Conference in Tampa the ASTA Food Safety Workgroup reviewed the ASTA Statement on Field and Greenhouse Planted Seeds and Human Pathogens and the supporting documents for the statement. The Workgroup approved the current statement with the one recommendation to update the date on the statement to reflect anytime the Statement has gone through a review or revision. The document with a January 31, 2012 date was approved by the by ASTA Board  during the Conference in January.

The ASTA Ad Hoc Food Safety Workgroup has been meeting two times per year since it's inception in 2007 to review the statement and monitor food safety issues, research and recalls. With the assistance of the Veg Tech Subcommittee there is a compilation of over 100 documents/research that support the current statement. The Workgroup will continue to monitor and collect information as it becomes available. 

 

 Click here for more... 

 

Cal/OSHA Issues Hazard Alert and Launches Confined Spaces Emphasis Program  

   

Oakland - The California Department of Industrial Relations' Division of Occupational Safety and Health (Cal/OSHA) has launched a statewide Confined Space Special Emphasis Initiative to focus attention on preventing worker deaths and injuries in confined spaces in worksites across the state.   As part of this initiative, Cal/OSHA issued a Confined Space Hazard Alert to help employers and employees identify confined space situations and take immediate steps to protect workers. 

 

"Employers in California are responsible for identifying and mitigating risks in the workplace," said Department of Industrial Relations Director Christine Baker. "This initiative and the Confined Space Hazard Alert provide specific information so that employers can identify when confined space hazards exist and special precautions must be taken." 

 

Since confined spaces may be encountered in virtually any industry, their identification is the first step in preventing fatalities and injuries. The goals of the Confined Space Emphasis Initiative are to: 

* Increase awareness of employees and employers of these hazards. 

* Provide resources, online materials, training, and consultation to prevent injuries and deaths 

* Increase enforcement efforts to ensure all employers have adequate confined space programs and training at their workplaces. 

 

The initiative follows investigations of confined space deaths and injuries in California-in different industries and different situations. In 2011, seven workers were killed unconfined space incidents in California, including two young brothers in Kern County overcome by toxic gases in a recycling drainage tunnel. 

 

"Confined spaces can be deceptively dangerous.  It is even more tragic that over 60% of confined space worker deaths occur to would-be rescuers who attempt to save a worker who initially succumbs", said Cal/OSHA Chief Ellen Widess.  "These confined space fatalities are preventable with proper programs in place. We are taking a comprehensive approach to reducing these deaths and injuries in California-through widespread education, enforcement, consultation as well as partnerships to help increase awareness and compliance." 

 

Cal/OSHA begins its yearlong campaign on confined space hazards in collaboration with partners in labor, industry, public safety agencies and other safety and health groups. The campaign stresses the importance of the requirement that businesses have plans in place to identify confined space at their workplaces, notify and train employees, and ensure that on-site rescue plans are in place.  These requirements include having a written confined space plan, procedures to test the air quality inside the space, proper employee and supervisor training prior to entering confined spaces and having effective rescue procedures in place which must be immediately available on site.  

 

Common types of confined spaces include tanks, silos, pipelines, sewers, storage bins, drain tunnels, and vaults.  These are widespread in many industries, and also in non-industrial workplaces such as health care, education, retail and services. 

 

Cal/OSHA has posted confined space hazard materials on its website at www.dir.ca.gov/dosh.    Online webinars and other outreach programs will also be held throughout the year to help educate employers become aware of the risks inherent of working in confined spaces and necessary steps to prevent injuries and deaths.  

 

For more help on working safely in confined spaces, contact the Cal/OSHA Consultation Service toll-free at 1-800-963-9424.  Also visit www.dir.ca.gov/dosh/consultation.html for more information. 

 

Employees with work-related questions or complaints can call the California Workers' Information Hotline at 1-866-924-9757.  

 

 (Source:  AgSafe) 

Upcoming Meetings

 

  • February 19-21, 2012 ~ CSA Annual Convention at the Hard Rock Hotel in San Diego, CA 
     
  • September  25-26, 2012 ~ CSA Mid Year Meeting at the InterContinental Hotel in Monterey on Cannery Row