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Conveyor Currents                              March 22, 2013
Upcoming Dates
               
2013

April 24-27, 2013  CGFA Annual Convention ~ The Hyatt Regency, Huntington Beach, CA (click)

May 15-16, 2013   California Animal Nutrition Conference.  Radisson Hotel in Fresno, CA

2014

January 15-16, 2014   Grain & Feed Industry Conference, Embassy Suites, Monterey, CA

April 23-26, 2014  CGFA Annual Convention ~ The Sheraton Resort, Maui, HI 

Quick Links
 
California
 Grain & Feed Assn.
      www.cgfa.org
 
California Dept. of Food & Ag 
   www.cdfa.ca.gov
 
U.S. Dept. of Food & Ag
    www.usda.gov
    
In This Issue
Committee Chairs Change, Rendon to Chair Water Committee
Water Storage Topic of Weeks Activities
Ag, FDA Get More Money in Senate OK'd FY13 CR; House Agrees, Bill Sent to President
Sequester Means Reduction in Farm Payments: USDA
'Clean' Animal Drug User Fee Reauthorization Approved by Senate HELP Committee
House Okays Budget Resolution; Senate Set to Approve First Budget Bill in Five Years
RFS to be Subject of House Committee Oversight
AG Day 2013 at the Capitol
Blunt Puts 'Hold' on EPA Nominee; President Obama Picks Tom Perez to be Labor Secretary
House Ag Approves Seven Dodd-Frank Amendment Bills
Immigration Reform Negotiations Slow; Senators Want Action
Labor Law: Don't Delay Pay If Employee
California Shale Reserves Hold Potential
Value of Employee Wellness Programs
CGFA's 89th Annual Convention Plans
Committee Chairs Change, Rendon to Chair Water Committee

Freshman Assemblyman Anthony Rendon, D-Lakewood, will take over former Assembly member Hueso's chairmanship of the Assembly Water, Parks and Wildlife Committee. Rendon has some experience with environmental issues, having formerly served as executive director for the California League of Conservation Voters. There is a link to his biography.  http://asmdc.org/members/a63/about/biography  

 

Assemblymember V. Manuel Pérez, D-Coachella, will replace Rendon as assistant majority floor leader.

 

Former Assemblymember Ben Hueso is now officially Senator Ben Hueso. Hueso was sworn into the Senate this week replacing Congress member Juan Vargas who won a Congressional seat last November.

 

There are also some changes flowing from former senator Michael Rubio's resignation in February. Sen. Jerry Hill, D-San Mateo, took Rubio's spot atop the Committee on Environmental Quality, where he'll have an influential role in CEQA reform; as a result, Sen. Lois Wolk, D-Davis, will take Hill's former spots on the Senate Committee on Budget and Fiscal Review and on Budget Subcommittee 4 on State Administration and General Government.


Water Storage Topic of Weeks Activities

 

Salas Select Committee Holds Hearing on Water Storage Options

On Tuesday March 19, the Assembly Select Committee on Water Supply chaired by Assembly member Rudy Salas from Bakersfield held a hearing opportunities and conditions for water storage. Department of Water Resources experts discussed the status of storage possibilities and projects. Engineers discuss the multiple benefits for storage such as flood control, water supply, recreation and environmental benefits such as managing water temperature and pulse flows necessary for the endangered species. They also discussed the value and operation of underground storage.  

 

Steinberg Says - Lees Money for Storage in New Water Bond

California Senate Leader Darrell Steinberg said lawmakers plan to rewrite the $11 billion water bond for the November 2014 ballot - and the new version will likely have less money for storage projects such as dams.

 

"I think there will continue to be a chapter for storage," said Steinberg. "I don't think there will be nearly the same amount of money in that chapter as there was in the original bond. And I think there will be de-emphasis, frankly - or at least, on the same surface storage projects."

 

Ag, FDA Get More Money in Senate OK'd FY13 CR; House Agrees, Bill Sent to President

 

It took over a week for the Senate to get agreement on amendments and timing, but this week the full Senate overwhelmingly approved its version of the FY2013 continuing resolution (CR) to keep the government operating through September 30. The House quickly accepted the Senate bill by a wide majority and sent the bill to the President just as Congress recessed for two weeks for the Easter/Passover holidays.  

 

Both House and Senate Appropriations Committees now turn to the task of drafting and approving individual spending bills for FY2014, but so far have been hampered by the Administration's failure to send them formal budget recommendations. The Senate spending package approval this week avoids a government shutdown set for midnight March 27 if Congress had not acted, and the House approved its version of the CR two weeks ago, a bill which added more money for defense and military construction while retaining the sequestration spending cuts which went into effect March 1.  

 

The Senate's bipartisan bill, cobbled together by Appropriations Committee Chair Barbara Mikulski (D, MD) and ranking member Sen. Richard Shelby (R, AL), also retains the 5.8% across-the-board sequestration cuts, but adds additional dollars for USDA/FDA, the Departments of Commerce, Justice and Homeland Security and for various science-related projects. For the full fiscal year, FDA receives, $4.3 billion, including $40 million directed for implementation of the Food Safety Modernization Act (FSMA). USDA received a $285 million increase, including $55 million to prevent the furlough of meat and poultry inspectors under a floor amendment successfully offered by Sens. David Pryor (D, AR) and Roy Blunt (R, MO), chair and ranking member of the Senate Appropriations Committee's subcommittee on ag/FDA.  

 

Secretary of Agriculture Tom Vilsack publicly endorsed the Pryor/Blunt amendment. The pre-sequester USDA appropriations total is $140.3 billion, $3.4 billion or 2% more than FY2012. More than 85% of money is for mandatory programs, including direct crop supports and nutrition programs. "Such sums as may be necessary" were appropriated to fund federal crop insurance, with the amount expected to be needed set at $9.5 billion or three times the FY2012 level. Conservation programs receive about $850 million, $3 million less than the year before, with cuts mandated to the Environmental Quality Incentives Program (EQIP) program, the Agricultural Management Assistance Program and the Wildlife Habitat Incentives Program. The bill also includes a 4% reduction in the Supplemental Nutrition Assistance Program (SNAP). EPA's budget takes a $136 million hit in the new CR, mainly by rescinding previous agreements on clean water and drinking water state revolving funds and through cancellation of some grants, with $40 million coming out of the Superfund program, according to reports.

 

Sequester Means Reduction in Farm Payments: USDA

The Farm Service Agency of USDA, the agency which oversees dispensing direct farm program payments, told Congress this week it will meet its obligation to cut spending under sequestration by reducing farm program direct payments by up to 8.5%. Secretary of Agriculture Tom Vilsack told a Washington, DC, audience this week farmers will have to "pay back" about $151 million through USDA's reduction in direct payments to meet the sequester. Vilsack said USDA's "forward look" - future cuts in the direct payment programs - mean payments to about 350,000 producers will be less; no farmer will have to rebate money to USDA or send the department a check. Programs under which money would have been "paid back" include the Milk Income Loss Contract Program (MILC), supplemental revenue assistance program payments (SURE) and non-insured crop disaster assistance.

 

'Clean' Animal Drug User Fee Reauthorization Approved by Senate HELP Committee

 

The Senate Health, Education, Labor & Pensions Committee (HELP) this week quickly approved reauthorization of the Animal Drug & Generic Animal Drug User Fee Reauthorization Act, continuing programs under which the animal drug industry pays FDA dedicated user fees to expedite new animal drug reviews and approvals, including animal drugs routinely administered through feed. Committee Chair Tom Harkin (D, IA) and ranking member Sen. Lamar Alexander (R, TN) refused to include in the underlying bill controversial amendments unrelated to the user fee programs that would slow consideration of the bill. A 'clean' user fee bill was also a priority of ag, and animal health groups in Washington, DC. AFIA sent a letter to Harkin and Alexander, with copies to the full committee, praising the panel for the bipartisan and efficient manner by which it was handling the bill, but urging the panel to resist unrelated amendments or changes for which complete concurrence could not be demonstrated.  

 

This action helped stop Sens. Kirsten Gillibrand (D, NY) and Sen. Dianne Feinstein (D, NY) from adding language to require feed mills and on-farm feed mixers report to FDA the identities of farmer customers who bought feed or premixes containing antibiotics, as well as information on the species for which the feed was made, how much antibiotic was added and why - growth, prevention or treatment - and for what animal disease or condition the antibiotic was added. Sen. Lisa Murkowski (R, AK) insisted on offering the lone amendment during markup to require any genetically enhanced (GE) Atlantic salmon - or a food containing GE salmon - be labeled. Her amendment was opposed by Sen. Pat Roberts (R, KS) and was defeated on a voice vote. It's expected these amendments will be offered when the bill reaches the Senate floor sometime this spring. The House Energy & Commerce Committee has not set its schedule for dealing with the animal drug user fee legislation, but hearings are expected to begin once Congress returns from its spring recess in two weeks.


House Okays Budget Resolution; Senate Set to Approve First Budget Bill in Five Years

The Senate began floor action late this week on a FY2014 budget resolution, just after the Budget Committee approved its first budget resolution in five years. As reported, the bill recommends ag cuts at $23 billion, taking its lead from Senate Agriculture Committee Chair Debbie Stabenow (D, MI) based on what she achieved in the Senate-approved Farm Bill last year. The full House this week approved its FY2014 budget resolution, guidance to chamber authorizing committees on how federal dollars should be allocated. Rep. Paul Ryan (R, WI), Budget Committee chair, again cited record on-farm income in calling for reallocation of federal ag spending to reflect this "record-breaking prosperity." The House budget calls for cuts of $31 billion in farm programs and crop insurance subsidies as part of an overall cut in ag spending of $209 billion for FY2014. The pending Senate FY2014 budget resolution, the first in five years, provides recommendations on how the Senate believes federal spending should be allocated among various committees, and provides those committees with "guidance" as they tackle reauthorization of various laws.

Nothing in the resolution, binds any committee or the chamber to specific action. However, both Democrat and Republican Senators see amendments to the resolution as one way to push current policy boundaries and set new ground rules for policy debates for the rest of the year. While more than 200 amendments had been filed on the budget bill, about 10 amendments had been debated and voted upon by late March 21, including a rejection of the House budget resolution as a substitute and a motion to recommit the bill to the Budget Committee for reconsideration. March 22 will see what's been dubbed a "vote-a-thon" during which dozens of amendments, most unrelated to the budget, will be quickly debated and voted upon as a way drawing attention to various policy proposals, including energy, health care, immigration reform, and foreign/defense policy. For instance, Sens. John Thune (R, SD) and Roy Blunt (R, MO) are expected to offer a series of amendments to oppose the federal estate tax and block any possible federal carbon tax as part of tax reform later this year; several Senators will demand a vote on an amendment to allow states to collect sales tax on interstate online purchases. Also expected are a number of gun control amendments.

 

RFS to be Subject of House Committee Oversight; RIN Prices Catch House, Senate Eye

 

The House Committee on Energy & Commerce this week released the first of what's expected to be a series of bipartisan white papers and called for public comment on the Renewable Fuel Standard (RFS), that part of federal law mandating specific amounts of various biofuels be blended with gasoline, aimed at informing debate on whether the RFS needs to be changed or scrapped as many ag groups are calling for. The committee "will review all aspects" of the RFS, the committee said, including its impact on the price of gasoline and current price of ethanol Renewable Identification Numbers (RINs). Gina McCarthy, President Obama's nominee to head EPA, has been asked by Sen. David Vitter (R, LA), ranking member of the Environment & Public Works Committee, to show how she'll protect the public from rising gasoline prices due to "the rising cost of ethanol RINs." Sen. Ron Wyden (D, OR), chair of the Senate Committee on Energy & Natural Resources, confirmed he's also looking at the cost of RINs, and his ranking member, Sen. Lisa Murkowski (R, AK), joined Vitter in asking McCarthy to provide her plans for consumer protection.


AG Day 2013 at the Capitol



Ag Day 2013 on the west steps of the Capitol was sponsored by CDFA. Special thanks to the California Department of Food and Agriculture's partners in organizing Ag Day, the California Women for Agriculture and the California Foundation for Agriculture in the Classroom. Thanks also go to our emcee, Laura McIntosh with the PBS TV program Bringing It Home, as well as event sponsors the California Farm Bureau Federation, California Grown, the California Poultry Federation, Calpaca, the Citrus Pest and Disease Prevention Program, Del Monte Foods, Foster Farms, and John Deere.

Ag Day 2013
Ag Day 2013

 

Blunt Puts 'Hold' on EPA Nominee; President Obama Picks Tom Perez to be Labor Secretary

 

Sen. Roy Blunt (R, MO) this week said he's placed a hold on the nomination of Gina McCarthy to be administrator of EPA. Blunt said the hold will remain until the Obama Administration releases information on a flood control project in Missouri. The Army Corps of Engineers was to have updated Sen. Clair McCaskill (D, MO) and Blunt on progress made so far on the St. Johns Bayou and New Madrid Floodway Project by March 15, but missed the deadline. Meanwhile, Tom Perez, an assistant attorney general in the Department of Justice's civil rights division, has been nominated by President Obama to be Secretary of Labor, replacing Hilda Solis who resigned in January. Perez, the son of Dominican immigrants, previously served as Maryland's state labor secretary. Some GOP Senators have expressed skepticism of the nomination because neither the President nor Perez has indicated how they would deal with immigration reform if Perez is confirmed.

 

House Ag Approves Seven Dodd-Frank Amendment Bills

The House Agriculture Committee this week approved seven bills it says "tweak" Commodity Futures Trading Commission (CFTC) rulemakings under the Dodd-Frank law on financial oversight. Committee Chair Frank Lucas (R, OK) said the action is the "culmination of the committee's oversight effort on the CFTC" as it writes new rules required by Dodd-Frank. Frank said the action was to ensure that "farmers, ranchers, small businesses, government utilities and manufacturers" are not buried under new financial regulations. The second goal, Lucas said, is to make sure derivatives trading doesn't get so expensive as to discourage companies from using it to hedge risk. Last week, the ag panel held an oversight hearing, featuring testimony by CFTC Chair Gary Gensler and a panel of financial companies, to examine "legislative improvements" to the Dodd-Frank requirements on derivatives. Dodd-Frank regulates the $600-trillion derivatives market for the first time, and its requirements were supposed to increase "transparency" and reduce risk.

The bills approved include HR 634 to ensure end-users can continue to use derivatives to manage risk, but be exempted from the margin requirements; HR 677, that ensures transactions between affiliates with a single corporate group are not regulated as swaps; HR 742, that allows data sharing between U.S. and international regulators and swap data repositories without adding new requirements; HR 992, that amends Dodd-Frank to limit the "swap desk push-out requirement" to it only applies to certain swaps based on certain asset-backed securities, but doesn't disadvantage U.S. institutions to international entities which don't have similar restrictions; HR 1003 would require the CFTC to assess the costs and benefits of its actions; HR 1038 to allow producers, utility requirements and other non-financial entities to continue to enter into energy swaps with government-owned utilities without danger of being required to register as a swaps dealer, and HR 1256 that directs the CFTC and the Securities & Exchange Commission (SEC) to adopt a joint rule on how they will regulate cross-border swaps transactions as part of new requirements under Dodd-Frank.

 

Immigration Reform Negotiations Slow; Senators Want Action

 

The renewed bipartisan momentum to get some form of immigration reform legislation to the President by the end of the summer faltered this week, as discussions between the U.S. Chamber of Commerce and the AFL-CIO over how to create a "guest worker" program for some immigrant labor fell apart. The goal of the talks is to find a way for employers to find workers and for workers to stay in the U.S. through creation of a new visa category - a "W" visa - for low-skilled guest workers. However, one major sticking point remains how many of the new visas would be issued, with the chamber saying it wants an uncapped program, but can live with a cap of 400,000, and the union contending the annual cap should be around 10,000. Meanwhile, House Speaker John Boehner (R, OH) said so far he's OK with an immigration reform proposal being hashed out by a bipartisan group of House members that includes a "path to citizenship" for illegal workers, calling the draft he's seen "a pretty responsible solution." Sen. Rand Paul (R, KY), speaking to the U.S. Hispanic Chamber of Commerce this week, said he plans to be "part of the solution" on immigration reform, a major shift from previous statements. Paul said the U.S. won't "deport 12 million illegal immigrants," and said his proposal would give immigrants "working visas" that would allow them to stay in the U.S., according to a report in the Washington Post.  

 

The Paul plan echoes provisions of many other proposals on how to deal with 11-12 million illegal workers in the U.S., including registration, payment of back taxes, learning English, no special treatment and application for work visas. The Senate bipartisan "Gang of Eight" is still expected to introduce a reform package the week of April 8 - a major reform rally is set for the Capitol on April 10 - according to reports, but some Senators are complaining the "gang" has not solicited input beyond its membership. Sen. Patrick Leahy (D, VT), chair of the Senate Judiciary Committee through which immigration reform must move, warned the "gang" that its failure to release the bill this month jeopardizes its progress as his committee won't be able to take it up until May; Senate Majority Whip Richard Durbin (D, IL), part of the Gang of Eight, said he intends to talk with Leahy and urge him to move as quickly as possible. Leahy is also on the list of Senators who have publicly warned the chamber to not move too quickly, but give Senators time to read and study the proposal when it's released and be in a position to offer amendments.  

 

Labor Law: Don't Delay Pay If Employee Misses Deadline for Submitting Timesheet

When employees do not submit their time record by the deadline or fail to sign their time record, may we delay payment until the next regular payday?

 

No. The temptation is to discipline the employee by withholding pay; however, it is not a legally acceptable solution.

 

Labor Code Section 204 requires employers to pay all wages earned in the current pay period on the designated payday. The only exception to this requirement is unscheduled overtime wages, which may be deferred to the next regular payday.

 

Time Record Requirements

The time record requirements appear in both the Labor Code and Industrial Welfare Commission (IWC) orders, which state in part:

"A. Every employer shall keep accurate information with respect to each employee including the following:

"1. Full name, home address, occupation and Social Security number.

"2. Birthdate, if under 18 years, and designation as a minor.

"3. Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and total daily hours worked shall be recorded. Meal periods during which operations cease and authorized rest periods need not be recorded."

 

Pay Wages on Payday

Even though the employer delegates the timekeeping requirements to the employee, it remains the obligation of the employer to meet the requirements and pay all wages on the established payday. Failure by the employee to complete the time record does not alter the underlying legal requirement.

Motivating employees to comply with the company timekeeping rules is the goal. In an effort to resolve the problem, some companies choose to discipline employees for non-compliance with company policies.

 

Nevertheless, discipline is not always a satisfactory resolution. This is especially true if you value a particular employee and do not wish to risk the employment relationship.

 

Timekeeping Strategy

To ensure that wages are paid, plan a strategy. For example, you may require supervisors to record hours worked and submit time records. Another avenue is direct contact with the employee through emails or phone calls to obtain an oral record of hours.

 

Of course, these methods are labor intensive, so it may be simpler to estimate wages based on the employee's regular schedule.

 

Employers ask why employees disregard the timekeeping policies and risk late payment or inaccurate payment of their own wages. It is hard to answer this question, and equally hard to provide a resolution.

 

Employee disregard for completing time records seems contrary to common sense, but is an ongoing and widespread problem. Each of the suggested resolutions has its drawbacks, but a combination of methods may work for you.

 

The Labor Law Helpline is a service to California Chamber of Commerce preferred and executive members. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.

 

 

California Shale Reserves Hold Potentialto Create 2.8 Million Jobs, Study Finds

California's deep-shale reserves hold the potential to create 2.8 million new jobs in the state within five years, according to a study released last week.

 

The study, conducted by economists from the University of Southern California and the Communications Institute, examined the potential economic impacts of developing the Monterey Shale Formation, which accounts for approximately two-thirds of the shale-oil reserves in the United States, according to the U.S. Energy Department.

 

This 1,750 square-mile formation of mostly underground shale rock runs lengthwise through the center of the state, with a major portion in the San Joaquin Basin.

 

Economic Impact

The study determined that, over the period of 2015-2030, developing the Monterey Shale could:

  • Add 512,000 to 2.8 million new jobs in California depending on the year;
  • Increase the state's gross domestic product by 2.6% to 14.3% on a per-person basis;
  • Increase personal income generated by an average of 2.1% to 10%, depending on the year; and
  • Boost government tax revenue by $4.5 billion to $24.6 billion, depending on the year.

Extraction Method

Extracting oil and natural gas from the Monterey Shale Formation would require advanced extraction technologies, such as hydraulic fracturing and horizontal drilling.

 

The study highlights these technologies as key factors in North Dakota's oil boom. The state went from producing 200,000 oil barrels per day in 2008 to more than 750,000 barrels per day in 2012.

 

Although the purpose of the study was to analyze the economic impacts alone, and not delve into environmental, operational or regulatory implications, the authors named five environmental concerns: potential contamination of water supply, increased seismic activity, land-use challenges, continued reliance on oil, and criteria air pollutants and greenhouse gases.

 

The authors of the study intend to study these environmental and technological issues, including risks and uncertainties, in a series of follow-on reports.

 

Bottom Line

The study concludes that "through the prudent and carefully regulated development of the Monterey Shale, the state of California could potentially achieve proportionately large increases in the production of crude oil, leading to similarly large economic gains."


 

Value of Employee Wellness Programs

Written in partnership with Mary Grealy, President, Healthcare Leadership Council

 

Are employee wellness programs good investments for employers?

 

The intuitive answer to that program would be a strong yes. Logic would say that keeping workforces healthy accomplishes two significant goals -- strengthening productivity by reducing absenteeism and containing the rise in health care costs borne by employers.

 

Questions are being raised, though. A post in Washington Post's Wonkblog earlier this month was headlined "Corporate Wellness Programs: Not Quite the Cost Savers," and quoted a University of Arizona economics professor alleging that employer wellness programs are changing the nature of health spending, but not necessarily reducing it. What's happening, he said, is that money that might have been spent on hospitalizations is not being spent on pharmaceuticals and outpatient doctor's visits, but spent nonetheless.


 

CGFA's 89th Annual Convention Plans

It is time to mark your calendar and book your room for the
2013 CGFA Annual Convention.



April 2
4-27, 2013

Hyatt Huntington Beach Resort and Spa

 

Highlights from the Business Session & Speakers

  • Doing What Matters - Steering Science to Inform Public Policy 
    • by Frank Mitloehner, Ph.D., UC Davis
  • U.S. Didn't Fall Off the Cliff...Now What? Impacts: Economy/Markets /Policy                           
    • by Jim Wiesemeyer, Senior VP, Farm and Trade Policy, Informa Economics, Inc.
  • CGFA Annual Meeting and Report
    • by President John Pereira, Frontier Ag Group & EVP, Chris Zanobini
  • The U.S. Dairy Market Outlook and What It Means to California  
    • by Mary Ledman, Daily Dairy Report, Dairy Economist   
  • Weather Trends, Climate Change, and Energy:  Implications for California Agriculture            
    •   by Steve Goreham, Climate Science Coalition of America
  • Keynote Speaker:   Mack Dryden

 

Registration Materials and Packets of Information have been mailed!  Contact Donna Boggs @ dboggs@cgfa.org with any questions.

 

 

 www.cgfa.org/events