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Conveyor Currents                           December 4, 2015     
In This Issue
CGFA Member Outreach Meeting and Christmas Luncheon
Plans are Finalized for the 2016 Grain & Feed Industry Conference in Monterey
California Legislative Report
California Chamber Explains New Laws for 2016
Development of China's Feed Industry and Demand for Imported Commodities
The Future Pivots on Climate Change: President Obama
Resolutions Blocking EPA Carbon Rule Approved by House, Senate; Obama to Veto
House Passes Energy Package
Window for Year-End GE Labeling Bill Closing
EPA Releases Final Rule on RFS Levels, Reactions Mixed
FY2016 Omnibus Spending Bill in Trouble Over Riders
DOJ Wants Supreme Court to Expedite Review of Immigration Executive Orders
Ag Export Prospects Lowered, Imports to Hit Record
Congress Approves Highway Conference Report
Upcoming Dates
 

2015

December 10, 2015
CGFA Member Outreach Meeting & Christmas Luncheon (click here)

2016

January 13-14, 2016: 

Grain & Feed Industry Conference

The Embassy Suites on Monterey Bay

April 27-30, 2016:

CGFA Annual Convention The Manchester Grand Hyatt San Diego 

 

May 4-5, 2016

 California Animal Nutrition Conference at the DoubleTree by Hilton Fresno Convention Center      

Fresno, CA 

 

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CGFA Member Outreach Meeting and Christmas Luncheon

There is still time to sign up and join fellow members and staff at the CGFA Member Outreach Meeting and Christmas Luncheon on Thursday, December 10, 2015 at the Ontario Airport Hotel.

CGFA EVP Chris Zanobini will update members on issues affecting the Association.    Local Legislators have been invited to attend and participate in our discussions.  Please join us for fun and fellowship with CGFA Members during this  Holiday Season.  $20.00 per person For reservations contact the  CGFA office at:  (916) 441-2272  (click here for registration flyer).


 
2016 Grain & Feed Industry Conference

Don't be left out of the host hotel - call today and book your room at the Embassy Suites for the Grain & Feed Industry ConferenceCall the Embassy Suites Hotel (831) 393-1115 ASAP to reserve your room or click here for access to the personalized web page for our event (click here).     

 

The GFIC committee have finalized plans for the 2016 Grain & Feed Industry Conference.  The GFIC Conference is an annual two-day educational event that is planned and coordinated by the California Grain & Feed Association. The basic purpose of the conference is to provide mill managers and key employees of grain handling and feed manufacturing operations an educational program consisting of both managerial and technical information specific to the industry.

The GFIC committee believes the program topics are very timely and encompass subjects which address the concerns of many of our customers. The 2016 GFIC will be held 
January 13-14 at the Embassy Suites Hotel on Monterey Bay.
 
Program Highlights include:
  • Food Safety Modernization Act (FMSA) Final Rule for Animal Feed Session with Mike Taylor, FDA, Dan McChesney, Center for Veterinary Medicine, Rick Jensen, CDFA and Jenna Areias, CDFA
  • The Food Morality Movement by Kevin Murphy, Food-Chain Communications
  • Chew on This Part II Video Courtesy of NutraBlend
  • Veterinary Feed Directive (VFD) Overview by Kerry Keffaber, DVM, Elanco Animal Heath and Kaylen Henry, GlobalVetLINK, LC
  • Nutritionist Perspective on Ingredients by Peter Karnezos, Ph.D., PMI Nutritional Additives
  • Employee Training Video Series
  • Cal/OSHA Enforcement Requirements on Safety Devices by Jon Weiss, Cal/OSHA
  • 7 Steps for Successful Hazardous Monitoring by Brian Knapp, 4B Components
  • Air Compressors by John Certo, Kaeser Compressors
  • Maintenance Panel on Bearings & Predictive Maintenance by Manuel Martinez and Martin Newberry, SKF Bearing
  • California Labor Law Update
Please call the Embassy Suites Hotel (831) 393-1115 ASAP to reserve your room or click here for access to the personalized web page for our event (click here).  All program and registration materials are available on the CGFA website - www.cgfa.org/events.  Remember "Our Jobs Depend on Agriculture"  -- see you in Monterey!
 
Link to Registration Packet (click here)

California Legislative Report 
by: Dennis Albiani, Legislative Advocate
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Ag Committees Hold Drought Hearing
The California Senate and Assembly Agriculture Committees held a hearing December 3rd to discuss the impacts of the drought on California Agriculture. The interim hearing was well attended Senators Galgiani, and Pan were joined by Assembly members Perea, Gallagher, Mathis and Irwin. The committee members heard from CDFA and USDA staff, Farm workers, water and ag researchers from universities, representatives from the industry and entities working on a pilot project for groundwater storage and aquifer regeneration. The committee received testimony that the overall impact of the drought impacted almost every commodity, although some like cattle and grazing livestock, were more impacted that others. The drought also impacted every region, although each region was impacted differently based on amount of rainfall, cropping patterns and surface/groundwater availability.

Association Leadership Takes Bay Area Legislative Tour
Chris Zanobini joined a delegation of agriculture, food and business leaders for a tour of bay area political interests sponsored and coordinated by California Advocates. The day started with a fundraiser for Senate Agriculture Committee Chair Galgiani. The delegation then hustled to San Francisco where they met with Supervisor Scott Wiener candidate for State Senate in the "San Francisco" senate seat. The group then traveled south to San Mateo for lunch with Marc Berman, a candidate for state Assembly from Palo Alto. The delegation then crossed back over the bay to Berkeley to meet with former Assembly member and Senate Candidate Nancy Skinner where she discussed her current campaign as well as her University teaching activities while she campaigns. The group then traveled to Danville to meet with Catharine Baker, who brings a unique perspective as the only Republican State Legislator from the Bay Area. Finally, the group ended the day with a fundraising dinner with State Senator Steve Glazer who has a strong streak of independence in his approach to policy making. The group had quality contacts with 6 legislators and candidates educating each on the importance of the agriculture industry, economic impact on California and region, need for pragmatic approach on issues such as pesticides, food labeling and strong food safety requirements, as well as specific challenges such as access to the ports, environmental regulations and rising costs.

Governor Leads Coalition to Paris Climate Conference
Governor Brown will arrive on Saturday for nearly a week of events at the international summit outside Paris to negotiate a new climate pact. He has been preparing for months for the conference, where he will promote California's aggressive action on greenhouse gas emissions, a major legacy issue for him in his fourth and final term. Brown will be joined by a sizable contingent from the state that includes former Gov. Arnold Schwarzenegger, Senate President Pro Tem Kevin de León, Assembly Speaker Toni Atkins and six other lawmakers.

Though he missed a speaking engagement today with UN Secretary-General Ban Ki-moon, due to the unfortunate San Bernadino shooting incident, Brown still has a busy schedule to look forward to, with at least 20 more appearances slated over the next five days. They include a screening of a new climate change documentary with legendary conservationist Jane Goodall, a roundtable with California business leaders and billionaire environmentalist Tom Steyer, and a ceremony for new signatories of a memorandum of understanding to keep the increase in the average global temperature below 2 degrees Celsius. Prior to embarking on the trip, the Governor's Office announced signing a non-binding agreement with 12 other jurisdictions to promote a goal of all passenger cars to be zero emission vehicles by 2050.

State Offers Grants for Investment in Equipment Utilizing Recycled Feedstock
California businesses supplying byproducts to livestock or performing rendering services may want to take note of legislation the association supported offering incentives for recycling equipment. This year Governor Brown signed into law Assembly Bill (AB) 199 (Eggman), which includes equipment that processes or utilizes recycled feedstock under the existing Sales and Use Tax Exclusion Program operated by the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA).

CAEATFA is currently developing the regulations necessary to implement the AB 199 program. CAEATFA's initial Request for Information (RFI) included a deadline of Dec. 2, 2015; however, CAEATFA has indicated they are willing to take responses after the deadline to assist in development of the program and its forthcoming regulations. They are particularly interested in comments from potential program applicants. To read the Request for Information, to sign up for e-mails on program development, or to find out more about how to comment on the development of AB 199, please visit the AB 199 Program Development website.

CDFA and USDA Offering Drought Assistance
Below are two announcements for agricultural interests regarding water conservation grants and education opportunities for dealing with drought impacts.

1. CDFA is now accepting applications for the State Water Efficiency and Enhancement Program (SWEEP).   An estimated $16 million will be available for competitive grant funding to provide financial assistance to implement irrigation systems that reduce GHGs and saves water at California agricultural operations. Visit "Application Guidelines" at www.cdfa.ca.gov/go/SWEEP for detailed information on eligibility and program requirements.   CDFA will hold four application workshops and one webinar to provide information on the program requirements. Please see CDFA News Release for dates and times of workshops.  
https://www.cdfa.ca.gov/egov/Press_Releases/Press_Release.asp?PRnum=15-055

2. The USDA ARS is offering a two-day workshop, "Proven Solutions to Drought Stress" in Modesto Jan 12-13 2016. This will include information on using recycled water, irrigation timing and more. Registration is limited to 300. Please see: http://www.droughtmgt.com  for more information.
 

California Chamber Explains New Laws for 2016

The California Chamber of Commerce is presenting handy summaries of new legislation taking effect in 2016 that will affect the day-to-day  operations of California employers. The summaries appear in a CalChamber white paper, available to download at
Some of these new laws make important changes to existing state law. Other mandates make small changes to different parts of existing law or may affect only certain types of employers, such as employers with piece-rate workers.  The CalChamber also reminds employers that the minimum wage increases on January 1, 2016, to $10 an hour. The increase is not a new law, but is the last mandatory increase from the legislation signed into law in 2013.

See an infographic highlighting important new laws below.

Paid Sick Leave
Already in place are the July 13, 2015 amendments to the mandatory paid sick leave law.
Those changes included clarifying who is a covered worker; providing alternative methods of accruing paid sick leave other than one hour for every 30 hours worked; clarifying protections for employers that already provided paid sick leave or paid time off before January 1, 2015; and providing alternative methods for paying employees who use paid sick leave.

More details appear in a CalChamber white paper, available at www.calchamber.com/paidsickleave


The Labor Commissioner's Office also has released revised FAQs to reflect its position on the paid sick leave amendments.

Leaves and Benefits
Other changes to leave and benefit laws include changes to kin care requirements; school and child care activities leave; National Guard leave and protections; unemployment insurance and electronic reporting (taking effect January 1, 2017); state disability insurance eligibility waiting periods (taking effect July 1, 2016); and unemployment insurance training benefits.

Wage and Hour
Many of the new wage-and-hour laws deal with how the laws will be enforced, instead of imposing significant new obligations on employers.Urgency legislation that went into effect when the Governor signed it on October 2, 2015 gives employers the right to correct two types of violations relating to itemized wage statements before an employee may bring a civil action under the Private Attorneys General Act, subject to specified limitations.

Other wage-and-hour laws set new rules for employers with piece-rate employees; deal with the meal periods in the health care industry (urgency legislation that went into effect on October 5, 2015); expand the Labor Commissioner's ability to enforce state and certain local laws; reduce the prohibited amount of weekly disposable earnings that may be garnished (effective July 1, 2016); provide an amnesty program for port drayage companies that misclassify commercial drivers; and make various changes relating to public works and prevailing wages.

Hiring
New laws affecting hiring practices in 2016 deal with the use of the federal E-Verify system; job protections for grocery store workers when the store changes ownership; and classifying cheerleaders for professional sports teams as employees, not independent contractors.
(Source:  CalChamber Alert)

Development of China's Feed Industry and Demand for Imported Commodities
By Fred Gale

China's commercial feed industry plays a critical role in supporting growth of the country's livestock sector and creating export opportunities for other countries. The feed industry's need for raw materials has been key to lowering China's barriers to agricultural imports. China is now the world's leading importer of soybeans, rapeseed, distillers' grains, sorghum, barley, and fish meal. The feed industry drives demand for each of these commodities, all of which are quota-free with low tariffs. China's feed industry was launched in the 1970s with strong government support and foreign investment, but it is now composed mainly of private companies, including some of the largest in the world. As the industry matures and consolidates, Chinese companies will become more active in international markets by procuring raw materials, setting up feed mills overseas, and even producing meat and dairy products in other countries. This trend creates more demand for U.S. commodities and relieves pressure on China's scarce land and water resources.
The Future Pivots on Climate Change: President Obama

Over 150 heads of state, along with scientists, agricultural organizations and industrial groups, converged on Paris this week seeking to find individual and collective ways to mitigate the impact of climate change on the planet, a phenomenon laid at the feet of industrialization. President Obama is confident the international climate confab will lead to a "legally enforceable" agreement among nations to cut carbon emissions and other contributors to climate change. The meeting runs from November 30 through December 11.

Obama has pinned much of his climate "legacy" on his Clean Power Plan, and in Paris talked about the increased use of wind and solar power in the U.S., and justifying several regulatory actions as evidence of his administration's commitment to leading the battle against climate change. Among those efforts are EPA's carbon recapture/CO2 regulations for existing and new power plants and the agency's push to tighten ozone standards. However, nearly half of the states have sued to block the Obama plan, and Congress is actively seeking to block nearly all of EPA's regulatory actions.

The U.S. commitment has been over time to reduce carbon emissions 17% below 2005 levels by 2020, but Obama told his Paris audience, "that's why, last year, I set a new target. America will reduce our emissions 26-28% below 2005 levels within 10 years from now." The president said the measure of similar global action will be "the suffering that is averted, and a planet that's preserved."

The president said the meeting will result in a signed agreement among nations leading to a "low-carbon global economy." He told the conference that even if he's succeeded by a Republican president, he's confident that person will acknowledge and follow the international consensus on tackling the overall issue. Sweden's Prime Minister Stefan Lofven predicted his nation will become fossil-fuel free, and that ending the use of fossil fuels "is not only a matter of climate altruism...but is in our economic interests." German Chancellor Angela Merkel echoed Obama's statements, and called for a "substantial decarbonization of our economies in the 21st century," declaring the outcome of the Paris talks "will decide the future of our planet."

Global agriculture is center stage at the Paris meeting, with food production said to contribute 14% of global emissions. In industrialized countries, ag emissions are lower, but significantly higher in developing nations. For the U.S., Secretary of Agriculture Tom Vilsack said the more severe the shifts in climate, the more direct the impact on farm income, and the more impediments are created to global food security.

The North American Climate-Smart Agriculture Alliance (NACSAA) was prominent at several meetings held this week, telling governments, scientists and organizational participants that shifts in global farming practices can help reverse climate change. The NACSAA is made up of government organizations, academia, production agriculture and private companies.

Fred Yoder, a former president of the National Corn Growers Assn. (NCGA) and NACSAA Steering Committee chair, told the meeting agriculture needs to "emphasize adaptive management strategies and the scope and magnitude of additional mitigation services agriculture can deliver." The three "pillars" of climate-smart agriculture are "sustainable production intensification, adaptive management and resiliency, and greenhouse gas (GHG) reductions."

A former secretary of food/agriculture in California, A.G. Kawamura, who's a farmer and co-chair of a group called 'Solutions from the Land', told participants there are currently progressive climate-related actions in agriculture, including the U.S. dairy industry's commitment to reduce GHG emissions from fluid milk 25% by 2020, and the industry's embrace of anaerobic digester to process manure into renewable energy.

Resolutions Blocking EPA Carbon Rule Approved by House, Senate; Obama to Veto

With timing to coincide with President Obama's participation in this week's international Paris climate change conference, the House this week approved two resolutions to override EPA's carbon recapture/CO2 rules for existing and new power plants. The Senate approved identical resolutions last month. The two resolutions of disapproval head to President Obama's desk where he's said he'll veto both.

The president says he'll veto the measures because they undercut his Clean Power Plan, part of his agenda to reduce greenhouse gas (GHG) emissions in the U.S. The two EPA power plant rulemakings aim to force power plants to begin cutting GHG emissions beginning in 2022 to 32% below 2005 levels.   Supporters of the disapproval resolutions says the agency again has gone too far, as the rules will increase energy costs and eliminate coal industry jobs.

"Both of these (EPA) rules pose a serious risk to the nation's electricity system," said Rep. Ed Whitfield (R, KY), chair of the Energy & Commerce Committee's subcommittee on energy and power. "Unilateral EPA micromanagement of electricity generation...is a recipe for higher prices, reduced reliability and job losses that are well out of proportion to any climate benefits."

"Our message is that the U.S. Congress is not in agreement with the extreme views of the president on his clean energy plan," Whitfield said. President Obama has made no secret of his priority on American leadership to mitigate climate change through control of GHG emissions. This is a priority, he said, supported by "not just 99.5% of scientists and experts, but 99% of world leaders."

House Passes Energy Package

The full House this week approved a comprehensive energy policy bill on a 249-174 vote - including 15 Democrats - a move "culminating a multi-year, multi-Congress efforts to modernize outdated energy laws for the 21st century," according to Energy & Commerce Committee Chair Fred Upton (R, MI). The floor vote on the package was timed to coincide with President Obama's appearance at the international climate change conference in Paris. The bill is unlikely to become law as it runs counter to the President's Clean Power Plan. The Senate has a similar bill.

"How can it be in the 21st century with incredible energy abundance that we can't get energy to consumers in some parts of the country," Upton said. He added the bill is focused on eliminating policies and programs born of and rooted in "the 1970s scarcity mindset."

The bill focuses on the transmission, distribution and storage of energy, and seeks to modernize energy infrastructure by upgrading U.S. pipelines and the electric grid to keep pace with new resources, technology innovation and a far more skilled workforce. It would cut federal red tape by accelerating siting and permitting processes. The bill also increases security measures for the electric grid, while ensuring the system is flexible and reliable. The legislation requires enhanced emergency preparedness and use of advanced technologies to address "threats to the electricity system," including physical and cyber-attacks, electro-magnetic pulse, geomagnetic disturbances, severe weather and seismic events.

The bill also calls on the U.S., as the world largest producer of oil and natural gas, to strengthen its energy security, but also to work with "our allies in their quest for affordable and reliable energy" by reforming federal laws and processes governing energy exports. Lastly, the bill requires the federal government to reduce energy waste and prioritize spending in existing programs, while "providing important regulatory relief for U.S. manufacturers from burdensome federal efficiency mandates."

Window for Year-End GE Labeling Bill Closing; Food Companies Announce 'SmartLabel' Program

An intensive lobbying effort by the broad food chain to have included in the FY2016 omnibus spending package language preempting state and local laws mandating the labeling of foods containing genetically engineered (GE) ingredients, hit big snags this week, primarily over whether a label should provide for ingredient discovery by consumers.

Coincidentally, the Grocery Manufacturers Assn. (GMA) this week announced the rollout of the SmartLabel program, a system designed to be used with smart phones to give consumers a wealth of information on ingredients, animal production and other product "attributes." The system will allow consumers to find the information on the web or through scanning a QR code on a package label. Thirty companies will put data on GE ingredient use into the SmartLabel system for about 20,000 products over the next two years, GMA said, representing about two-thirds of the products in the marketplace containing GE ingredients.

The Coalition for Safe & Affordable Fuel (CSAF) - in which the American Feed Industry Assn. (AFIA) and National Grain & Feed Assn. (NGFA) are active members - has been negotiating with Senate agriculture and appropriations lawmakers to include an abbreviated form of federal preemption in the spending bill because the omnibus must pass before the end of 2015 or risk shutting down the government. The Vermont mandatory GE labeling bill is set to go into effect in mid-2016 - if it survives a food industry federal court challenge - and food companies must start labeling and distribution changes by the first of January.

However, several members of the Senate - most supporting mandatory federal labeling of GE foods - oppose adding the labeling preemption language to the omnibus. Sen. Debbie Stabenow (D, MI), ranking member of the Agriculture Committee, is among that group because food companies won't agree to provide a means for consumers to find out about GE ingredients.

Those opposed to adding labeling language to the spending package include Sen. Barbara Boxer (D, CA), author of the mandatory GE labeling bill; Sen. Patrick Leahy (D, VT); Sen. Jon Tester (D, MT), an organic farmer, and Sen. Jeff Merkley (D, OR), a physician and ranking minority member of the Appropriations Committee's subcommittee on agriculture/FDA.

"Let us not, as a U.S. Senate, commit such a disgraceful act as taking away the state right and this individual desire to have knowledge about the fundamental food we consume," Merkley said in a floor speech this week. The federal preemption language "should never be airdropped in the dark of night into must-pass legislation," he added.

Stabenow said in an ag committee hearing last month she'd work with a bipartisan group of lawmakers and stakeholders to get a bill done by Congress' scheduled December 18 recess date, but given the disclosure requirement isn't flying with the food industry, Stabenow said maybe a solution can be found next year "since at this point there is no bipartisan consensus" to get the bill passed. Sen. Pat Roberts (R, KS), chair of the Agriculture Committee, told reporters this week, "All things are possible. We're still working on it," when asked if the language could move yet this month as part of the spending bill.

The House bill, approved in September, would give USDA final federal authority on food labels, require the department to set up a voluntary certification program for companies wishing to label for the presence or absence of GE ingredients, and require FDA to define the term "natural" when used on a food label. The contemplated Senate language would give preemption authority to FDA, and requires USDA to create a uniform labeling standard for GE foods or foods which may be GE - the department would determine which biotech practices and how much of an ingredient makes a food "GE." States would be able to enact labeling laws as long as they're identical to federal standards.

EPA Releases Final Rule on RFS Levels, Reactions Mixed

Depending on the headline you read or the biofuel group you talk to, the November 30 release by EPA of its final multi-year rule on Renewable Fuel Standard (RFS) blending rates for various biofuels was either great news, bad news or "we're still trying to figure it out." No matter how it's viewed, lawsuits will follow.

The rule covers 2014, 2015 and 2016 RFS final levels for most biofuels at levels well above the EPA proposal last May. Overall, total biofuels - corn ethanol, biodiesels and cellulosic ethanol - under the RFS rule will be blended at 18.11 billion gallons, well under the 22.3 billion set by the 2007 law which authorizes the RFS.

For corn ethanol, the 2016 RFS level is 14.5 billion gallons, about 500 million under the 15-billion gallon statutory level for which the ethanol industry lobbied hard, but higher than last spring's proposal. Cellulosic biofuels, the 2014 RFS for which was set at 33 million gallons, has an RFS for 2015 of 123 million gallons and for 2016, 230 million gallons reflecting new capacity just came on line in the Midwest.

The good news came for makers of biodiesel and renewable diesel, considered "advanced biofuels" by EPA because of their greater reduction in greenhouse gas emissions. The new rule increases the 2016 amount of biodiesel/renewable diesel - "bio-based diesels" - that must be blended with petroleum fuels to 1.9 billion gallons, and for 2017 that amount jumps to 2 billion gallons, nearly the annual industry capacity.

The National Biodiesel Board (NBB) had requested an increase to 2.7 billion gallons of biodiesel by 2017, but NBB President Joe Jobe called the final EPA action "a good rule. It may not be all we hoped for, but it will go a long way..."

The National Corn Growers Assn. (NCGA) says it's studying the rule and considering its options. NCGA members, facing corn surpluses across the country, wanted to see that 15-billion-gallon statutory level to help draw down stocks and support corn prices. The National Farmers Union (NFU) was not happy with the announcement, saying, "The administration's decision to issue RFS volume obligations below their statutory requirements exacerbates the serious damage already done to the renewable fuels industry and America's family farmers."

Several ethanol companies, including Growth Energy, welcomed the increase from the May proposal, but effectively said the increase is only a step in the right direction.

The National Chicken Council (NCC), which leads the coalition of animal producer groups opposed to the RFS because of ethanol's competition for feed corn, said "EPA's action will cost consumers at the pump and on the plate by effectively raising fuel and food prices."

NCC says EPA's action increases the RFS "beyond the blend wall" - the amount of biofuels that can be used without exceeding a 10% maximum blend rate - and retroactively increased the RFS for 2014 and 2015. "More corn from feed and food use will be diverted into fuel production, resulting in increased costs for poultry and livestock producers," the group said.

The American Petroleum Institute (API) isn't happy with the increases and considers the RFS an outmoded and cumbersome system that needs to be scrapped or replaced. It also contends EPA is in violation of the law when it comes to public notice and other formal requirements for increasing RFS levels, and acknowledged it may file suit to overturn the rulemaking.

Lawmakers are also split on the EPA rule. Sen. Charles Grassley (R, IA), a staunch defender of ethanol and biodiesel, called the rulemaking "a slight improvement, but still sells biofuels short...EPA took a flawed approach that seems to buy into Big Oil's rhetoric." Ranking agriculture committee member Sen. Debbie Stabenow (D, MI) said she was pleased by the increases, that the RFS is "an effective tool" for creating a "clean energy future," but pushed EPA to raise the RFS to statutory levels set by Congress. Rep. Fred Upton (R, MI), chair of the Energy & Commerce Committee, called underlying law that created the RFS and which sets annual "aspirational" blending levels, "flawed," and said it needs to be revisited. Sen. Jim Inhofe (R, OK), chair of the Environment & Public Works Committee, said in a statement, "The RFS as a whole is remarkably flawed. The premise of this program is based on a number of assumptions that no longer reflect reality, like gasoline demand."

FY2016 Omnibus Spending Bill in Trouble Over Riders

The first political pass at a $1.1-trillion FY2016 spending package - the so-called "omnibus" spending bill - was rejected outright this week by House Democrats, more because of 30-plus unrelated "poison pill" policy riders than actual spending deals. Democrats are fashioning a counter offer, adding more time to the process and signaling a second short-term continuing resolution (CR) to keep the government open may be necessary. President Obama this week signaled he'd sign a second CR.

House Appropriations Committee Chair Hal Rogers (R, KY) said earlier he wants to file the bill for floor action by December 7, cutting to a minimum the time needed to get the bill through both the House and Senate and to the President before the December 11 CR expires.

House Minority Leader Nancy Pelosi (D, CA) called the bill a "nonstarter," with House Appropriations Committee ranking member Rep. Nita Lowey (D, NY) calling it "not serious and unacceptable." Key Democrat staff say the bill is not so much a product negotiated among all appropriators, but was crafted in secret by House Speaker Paul Ryan's (R, WI) staff and that of Senate Majority Leader Mitch McConnell (R, KY).

The poison pill riders, as Lowey calls them, touch just about all of the 12 individual spending bills rolled into the omnibus package. Included in the bill are "high priority" GOP policy riders including language to block EPA implementation of the controversial "waters of the U.S. (WOTUS)" rule - even though federal courts have stayed the rule; similar action to block EPA's carbon recapture rule for new and existing power plants, language to undo the same agency's new ozone regulations, and language to undo Dodd-Frank regulation of Wall Street and big banks. There is also language aimed at "reforming" sections of Obamacare, including repeal of a requirement that large employers automatically enroll all employees in health care plans, and relief for Medicare recipients.

Issues still being negotiated for inclusion in the bill include language blocking federal spending on U.S. resettlement of Syrian and Iraqi refugees, with related language setting up a complex vetting process on the same refugees; language preempting states and local governments from mandating GM food labeling; language repealing the U.S. country-of-origin labeling (COOL) law to avoid retaliatory tariffs by Canada and Mexico; $109 million in increased funding for FDA to implement the Food Safety Modernization Act (FSMA), and language to ensure the Administration issues federal dietary guidelines without any references to sustainability or tax issues.

DOJ Wants Supreme Court to Expedite Review of Immigration Executive Orders

After its second failure in federal court to get a federal injunction lifted against President Obama's executive orders deferring deportation of certain undocumented immigrants, the Department of Justice (DOJ) has asked the U.S. Supreme Court to hear the case on an expedited filing schedule, and, it's hoped, render a decision before Obama leaves office.

The court has not decided whether to hear the case, but this week gave DOJ some hope when it declined to extend the deadline for preliminary court filings sought by 26 states which filed the lawsuit blocking the President's 2014 orders. If the high court agrees to hear the case, which goes to whether the president exceeded his constitutional authority in deferring the deportations, it could be decided by the end of the court's current session in June, 2016, allowing Obama to take action before he leaves office at the end of the year.

At issue are two executive orders issued by the President in November, 2014, citing congressional inaction on comprehensive immigration reform as his reason. Both rules either negate or defer deportation status, first for the undocumented parents of U.S. citizens, and second for the minor children brought into the U.S. illegally by their parents. The orders are estimated to affect nearly 5 million undocumented aliens in the U.S.

The states, led by Texas, contend the orders are not only outside the president's authority, but will cost them millions of dollars in education, health care, housing and other benefits. A Texas federal judge enjoined the Department of Homeland Security (DHS) from implementing the executive orders. After a federal district court upheld the injunction, DOJ filed an appeal, and the 5th District Court of Appeals upheld the lower courts' rulings on November 9, saying the states have a right to challenge the orders based on the cost of benefits to undocumented immigrants.

Ag Export Prospects Lowered, Imports to Hit Record: USDA

USDA lowered its forecast for FY2016 ag exports this week, saying total exports will hit $131.5 billion, down $7 billion from August and $8.2 billion below final FY2015 exports. Lower prices, diminishing demand from China and stronger competition were the main culprits in the drop, the department said.

However, agricultural imports are forecast to hit a record $122 billion, down from August's forecast, but $8 billion higher than FY2015. The U.S. trade surplus is set at $9.5 billion, down from $25.7 billion in FY2015 and the lowest level since 2006.

Grain and feed exports are seen dropping $3.8 billion to $28.6 billion, mainly on reduced trade prospects with China, particularly for grain sorghum and distillers' dried grains with solubles (DDGS). Wheat exports are forecast to drop $1.2 billion to $5.5 billion because of lower volumes attributable to a strong dollar and ample global competition. Oilseed exports are seen dropping $400 million to $26.3 billion due to lower soybean and product prices, USDA said.

Congress Approves Highway Conference Report, Fixes Crop Insurance Budget Hit; Obama Will Sign

The House and Senate this week overwhelmingly approved the conference report accompanying a five-year $305-billion reauthorization of surface transportation programs, the first multi-year authorization in nearly a decade. The report includes language making good on a promise by House Speaker Paul Ryan (R, WI) to make disappear a $3-billion, 10-year cut to federal crop insurance included in the budget agreement approved by Congress last month. Also included in the bill is language allowing milk haulers to run trucks heavier than current federal interstate highway weight limits, as well as reauthorization of the Export-Import Bank.

The House vote was 359-65, with the Senate voting 83-16, with action coming just a day before a short-term extension of programs and funding was set to expire. President Obama has said he'll sign the bill.