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Conveyor Currents                                   May 16, 2014
Upcoming Dates
2014

May 14-15, 2014 California Animal Nutrition Conference,  Fresno Hotel in Fresno, CA
*** Information Click Here *** 
 
2015
 
January 14-15, 2015  Grain & Feed Industry Conference - Embassy Suites on Monterey Bay

April 22-25, 2015   CGFA Annual Convention - The Monterey Plaza Hotel on Cannery Row.

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In This Issue
CGFA Career Page on Website
Governmental Relations Report
'Waters of the U.S.' Rulemaking Draws More Fire
EPA Extends Worker Exposure Rule Comment Period
UC Cooperative Extension Turns 100
Democrat Senators Call for Biodiesel Guarantees
Chambliss Introduces Market 'End User' Protection Bill
Water Bill Conference Deal Details Trickle Out
GMA to Sue Vermont over GMO Labeling
CGFA Career Page on Website

 

If you have job opening at your facility or have an internship opportunity please send into the CGFA office and we can post it on our new "Career Page" on the updated CGFA Website.

We are hoping to have more listing posted for opportunities as well as have the students looking for work post their resume.

Send any listings you have to dboggs@cgfa.org.

 
New Edition of the Pacific Southwest Directory Available

 

The latest edition of the Pacific Southwest Directory has been mailed to all members and advertisers.  Additional copies may be purchased for the member price of $25.00 plus $5.60 postage.  Contact the CGFA office to order more books.  A special word of appreciation to all the generous advertisers who help support this project.  We appreciate your involvement.

 
Governmental Relations Report
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by: Dennis Albiani, Legislative Advocate


Property Tax Bills Moving Through the Legislature

 

Two bills that would address property tax issues are moving through the state legislature.  One bill has garnered support from business and agriculture entities while the other has strong opposition.

  • AB 2372 (Ammiano) passed through the Assembly Revenue and Taxation Committee this week with substantial amendments, however the amendments are not in print and have not been thoroughly analyzed.  The bill would trigger reassessment when at least 90 percent of a property's ownership changes in any three-year period. It would not apply, however, to incremental changes of ownership through stock market trades. The amended bill is attempting to address a practice that Real Estate Investment Trusts have been using to make a transfer, but avoid triggering a reassessment under Prop 13.  This practice was popularized by several high profile hotel transfers that avoided the tax increases.  The bill is intended to be narrowly tailored to prevent unintended consequences.  The California Chamber of Commerce and other business entities have removed their opposition and are now supportive. The association is watching this very carefully and analyzing the impacts. 
  • SB 1021 (Wolk), a majority-vote bill, would pave the way for major tax increases on California business property in the form of school parcel taxes. A significant tax threat to all California property owners was approved by the Senate last week, in a 21-15 vote. The bill would allow more than 1,000 school districts to impose unlimited tax increases on commercial property owners.  The bill is being strongly opposed by a coalition of business, real estate and agriculture interests.

We will continue to engage on the issues and inform the legislature of our concerns as well as help the coalitions refine their positions and advocate. 

 

Groundwater Regulation Becoming Major Policy Issue

 

As the drought and discussions on the Governor's water action plan continue, constituencies are pushing hard for a comprehensive method to regulate groundwater in California.  From water entities such as ACWA, the Water Foundation and environmental groups all releasing groundwater regulation proposals, the Legislature is also positioned to take action.  Two bills have been introduced AB 1739 (Dickinson) and SB 1168 (Pavley) to provide comprehensive regulation of groundwater with the State Water Resources Control Board as the regulating entity. 

 

Governor Brown is expected to release his administration's proposal next week.  The Governor has outlined a plan mandating all groundwater basins to implement local governing bodies and develop groundwater management plans over the next five years.  For basins that do not have "sustainable yield" the districts will need to make progress towards that goal.  The administration has also outlined its intentions to provide local entities with tools such as funding and groundwater experts to help develop and implement the plans.  The Governor included $142 million in his May revise to address drought and groundwater issues. 

 

Below are links to both bills (they are expected to be significantly amended in the near future).

 

http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1701-1750/ab_1739_bill_20140422_amended_asm_v98.pdf 

 

http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1151-1200/sb_1168_bill_20140423_amended_sen_v97.pdf 

 

 

Anti GMO Bill Heads to Senate Suspense

 

A bill mandating labeling for all foods that contain GMO ingredients was sent to the Senate Appropriations Suspense File this week.  SB 1381 (Evans) was substantially amended by the author in an attempt to reduce costs of the bill below the suspense threshold and have the bill move out of committee.  However, the analysts still identified $1.1 million in costs to implement the bill and $850,000 costs to the state for ongoing costs dealing with enforcement and compliance.

 

A large coalition of agriculture, food, business, technology, biotech and pharmaceutical entities are opposing the bill.  The Los Angeles Times recently published an editorial opposing the legislation.  The bill will be eligible to come off the suspense file and be voted on by the members of the committee on May 23. 

 

Governor Releases May Revise

 

On Tuesday, the Governor released his May Revisions to his January budget proposal.  The nearly $160 billion spending plan included modest increases for social service programs, but also billions of dollars to address long-term debt.  The May revision reflects the state's best projection of revenues for the coming fiscal year and touches off a rush of budget negotiations at the Capitol ahead of the adoption of an annual spending plan in June.

 

Brown's new plan says 1.4 million more people than projected in January signed up for Medi-Cal under the Obamacare rollout this year, which will cost the state about $1.2 billion more than the Governor's budget predicted five months ago.  Brown's budget also confirmed that state revenue had grown enough to trigger a 2 percent pay increase for most state employees beginning July 1. Brown and 14 of the 21 bargaining units agreed to contracts that included the triggered pay hike. The budget projects that the raise will cost $183.7 (m) for the fiscal year, $90.3 (m) of it from the general fund.

 

Brown's budget plan also includes $142 (m) to cover expenses from the ongoing drought.

The revised budget release follows the announcement last week that Brown and legislative leaders had reached agreement on a major component of the annual spending plan, a rainy-day fund measure that, if approved by voters, would set aside 1.5 percent of general fund revenue every year, plus revenue from capital-gains taxes in especially lucrative tax years.

 

The measure would replace a reserve measure already on the Nov. 4 ballot but criticized by public employee unions and, in recent weeks, Republicans who acknowledged problems with its wording.

 

Assembly Swears in New Speaker

 

The California Assembly has sworn in Toni Atkins, a Democrat from San Diego, as the 67th speaker of the California Assembly.  Speaker Atkins will be eligible to serve for the rest of this term and through 2016, when she will be termed out of the California Assembly.  She is expected to announce some new committee and leadership assignments as the budget closes and the session progresses into the summer. 

 

'Waters of the U.S.' Rulemaking Draws More Fire

Rep. Frank Lucas (R, OK), chair of the House Agriculture Committee, said in a guest editorial in the Tulsa World this week that "EPA strikes again," as it moves to expand its Clean Water Act (CWA) authority raising doubt about the agency's intent.  He said reading the proposed rule - with an open mind and giving EPA the benefit of the doubt -- raises concerns and "elicits outrage."

 

Lucas said the proposed expansion of the agency's CWA authority "defies the Supreme Court, which has made clear there is a limit to federal jurisdiction under the CWA."  The agency move, Lucas said, will trigger an "onslaught" of additional permitting and regulatory requirements" to protect "our backyard ponds and agricultural ditches."

 

Lucas contends that despite EPA Administer Gina McCarthy's assurances, the proposed rule creates broader definitions for "wetland," "tributary," and brings in new areas, such as "adjacent non-wetland."  Ponds are now part of "tributaries," meaning tributaries now would fall under the agency's jurisdiction even though the "pond" is not connected to a navigable waterway. And, Lucas alleges, for the first time ever, ditches will be considered tributaries for the purposes of EPA regulation.

 

Ultimately, Lucas wrote, this means new regulation on food producers, along with a lot of confusion and mixed messages from EPA. He also reminded readers that last week more than 40 House members wrote to EPA, telling McCarthy to cease and desist on expanding EPA authority as proposed.

 
EPA Extends Worker Exposure Rule Comment Period

EPA extended this week by 60 days the public comment period for its proposed rulemaking on pesticides and agriculture worker exposure protections.  The industry wanted 90 days, but the new deadline for comments is August 18.  The full proposal can be found at www.epa.gov.  

 

The new protections contemplated in the 300-page proposal range from restricting worker access to certain areas to prohibiting anyone under 16 from handling pesticides.  EPA said the opportunity for updating the worker protection rules is not likely to come around anytime soon, so it is best to take advantage of the timing.

 

UC Cooperative Extension Turns 100


UC Cooperative Extension: 100 years and counting
UC Cooperative Extension: 100 years and counting

For 100 years and counting, UCCE researchers and educators have worked together with local community members to develop and provide science-based information to solve economic, agricultural, natural resource, youth development and nutrition issues. Some of our programs include 4-H Youth Development, Master Gardeners, Expanded Food and Nutrition Education Program, and the Integrated Pest Management Program.
 
Democrat Senators Call for Biodiesel Guarantees

Six Democrat Senators from the Upper Midwest this week called on President Obama not to permanently reduce the Renewable Fuel Standard (RFS) for biodiesel, and to support the extension of federal biodiesel tax breaks.  The announcement was made at a National Biodiesel Board (NBB) press event where NBB released a study showing the industry has slowed down, and in some areas, gone away.

 

Supporting the Senators' action is the American Soybean Assn. (ASA), which said in a statement:  "We appreciate and echo the sentiments of these six Senators today, and call to attention the positive impacts the RFS and the biodiesel tax credit have on the production of biodiesel." 

 

Signing the letter to Obama were Majority Whip Sen. Richard Durbin (D, IL), Sen. Amy Klobuchar (D, MN), Sen. Heidi Heitkamp (D, ND), Sen. Maria Cantwell (D, WA), Sen. Al Franken (D, MN), and Sen. Joe Donnelly (D, IN).

 
Chambliss Introduces Market 'End User' Protection Bill

Former Senate Agriculture Committee Chair Sen. Saxby Chambliss (R, GA) introduced this week a bill to exempt farmers and ranchers from futures markets trading rules designed to regulate commercial high-frequency traders. 

 

At a Senate Agriculture Committee hearing this week on the impact of high frequency market trading on agriculture - part of committee chair Sen. Debbie Stabenow's (D, MI) effort to reauthorize the Commodity Futures Trading Commission (CFTC) - a number of witnesses told the committee of the need for consumer and end- user protections. The House ag panel has passed its reauthorization package.

 

Chambliss said he'd take his bill - a piece of legislation to protect those traders who are true hedgers, using the markets to protect on risk - and talk to Stabenow about moving the bill as part of the commission's reauthorization package.  The House bill calls for a study on end-user protection.

 

Former CFTC commissioner Bart Chilton, now an advisor at DLA Piper LLP, agreed with witnesses at the hearing who said automated and high frequency traders should be registered.  He said it was in the interest of high-frequency traders to "step up" to support "thoughtful regulation." 

 

As for farmers and ranchers, Chambliss wants them out from under regulation or registration of high-frequency traders.  "Let me just say off the top that with respect to your concern about the differences in the risks...there is a major difference between one of our farmers and ranchers who is driving from field to field and during the course of that, checks the market and wants to make a trade and a major integrated company who is going to be trading hundreds of millions of dollars in contracts."

 

Water Bill Conference Deal Details Trickle Out

As reported last week, a conference agreement on reconciling the House and Senate versions of the $8.2-billion Water Resources Reform & Development Act (WRRDA) is in hand, and while the formal paperwork was filed this week to move the report to final chamber action, details are beginning to leak out.  The conference report is set to be on the House and Senate floors next week.

 

A controversial section of the Senate bill that would have created a so-called "oceans endowment" was dropped from the final bill.  The section, authored by Sen. Sheldon Whitehouse (D, RI), would have shifted how the Administration dealt with ocean recovery, preservation and Great Lakes protection programs.  The GOP surrendered on a long-time effort to stop a 2010 White House executive order to try and implement coastline protections.

 

Reportedly the conference package includes language on a new federal loan program for EPA/Corps water projects, and may jumpstart wastewater treatment plants in the Midwest.

 

As reported in the Hagstrom Report this week, Rep. John Garamendi (D, CA), a member of the conference committee, revealed the following details of the conference agreement:  Eleven more projects were added to the conference report; the deal accelerates  the  infrastructure approval system for getting new projects underway; allows the Corps of Engineers to make decisions on levee vegetation based on local circumstances, and includes changes to the Harbor Maintenance Trust Fund so that more funding is actually is spent on port maintenance and restoration.

 
GMA to Sue Vermont over GMO Labeling

 

As expected, the Grocery Manufacturers Assn. (GMA) this week announced it will sue the state of Vermont to overturn the state's new genetically modified ingredient (GM) labeling law.  The new state law mandates any human food product carry a label declaring it contains any ingredient derived from biotechnology. 

 

The case will come down to whether the presence or use of GM ingredients constitutes a health or safety risk to consumers, a risk about which the consumer needs to know.  GMA's argument will focus on the underlying decades of science, USDA's review and deregulation and the last 30 years of use across the crop area.  In addition to the use of less water and pesticides with GM crops, GMA will point out the expense and confusion of a patchwork of state laws requiring labeling.  

 

The state will argue a consumer's right to know what's in their food, with support from various activists groups.  Expecting the grocery industry to sue, Vermont lawmakers set up a defense fund to which consumers can contribute.