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Benefits of Belonging to CGFA
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- State & Federal Legislative Advocacy
- Industry & Small Business Issues
- Business Advocacy
- Weekly Updates on Current Issues
- Networking Opportunities
- Industry Specific Directories
- Advertising Venues
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- Environmental and Safety Resource
- Continuing Education and Training
- Political Action Committee Administration
- Annual Convention
- Education Programs
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We are looking forward to seeing many of you next week at the CGFA Annual Convention! Safe travels to San Diego.
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Registration Open for CANC on May 4-5
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The 2016 California Animal Nutrition Conference (CANC) will take place on May 4-5 at the DoubleTree by Hilton Fresno Convention Center in Fresno, CA..
You can register to attend online or download a registration form here.
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California Legislative Report
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By Dennis Albiani, Legislative Advocate
Prohibition on New Wells Passes Committee
Legislation that would prohibit new wells from being drilled passed the Senate Local Government and Finance Committee this week. SB 1317 (Wolk) would usurp local control by requiring conditional use permits for new wells and prohibiting the issuance of permits for wells in basins that are in or near overdraft. Many argue that the bill conflicts with the recently enacted Sustainable Groundwater Management Act (SGMA) because it dictates how locals must proceed and prohibits them from issuing permits unless they have an ordinance that takes similar actions. SGMA was structured to have local management or groundwater resources, planning and implementation.
The bill is headed to the Senate Appropriations Committee where it will be heard in May and then to the Senate floor. The association has joined a coalition of local government and agriculture entities to oppose the legislation.
Organic Farming Legislation Passes Committee
An effort to address perceived inequality in fees, increase enforcement and reform the State Organic Program passed its first committee this week. AB 1826 (Stone) which is sponsored by the organic farmers passed the Assembly Agriculture Committee on Wednesday. The legislation includes a number of reforms such as changing the composition of the Organic Advisory Committee and provides the secretary additional authority to enforce the act. The most controversial element is the fee structure. The minimum fees have been raised and the overall income has been capped. The bill will continue to evolve and be amended as it moves through the process. Here is a link to the legislation.
Anti-pesticide Bills Meet with Opposite Fate
Three bills that would impact the use of pesticides on California farms and processors were all scheduled to be heard this week. Two of the measures were pulled from committee and the third was heard and passed.
SB 1247 (Hannah-Beth Jackson) would have required the Department of Pesticide Regulation in collaboration with the Department of Food and Agriculture to establish agricultural innovation zones and provide incentives to farmers who use specific environmental and organic farming practices within an undetermined distance of schools, senior and child care centers by January 1, 2018. A preliminary estimate of the number of sites involved would have included 11,741 K-12 public schools, 3,085 private schools and 12,301 child care centers, not counting senior centers which would have added many more acres that would have had to be prioritized. The bill would have created a quasi-buffer zone for pesticide applications around certain sites. It was pulled from Committee.
AB 2596 (Richard Bloom) would have banned the use of rodenticides throughout California except for very limited uses. It would have made many agricultural facilities and warehouses vulnerable to rodents that can transmit diseases by infesting food being stored and processed. Farm Bureau and other agricultural groups met with the author to express our concerns. While we were very concerned about the repercussions to the agricultural community, banning this key pest management tool would have prevented effective control of roof rats, house mice and dozens of other rodents in every structure in the state including hospitals, schools, apartments, houses and restaurants. Scheduled in the Assembly Environmental Safety and Toxic Materials passed. This bill was pulled by the author.
SB 1282 (Leno) which would require labeling of seeds and plants sold at retail that have been treated with a neonicotinoid pesticide. Additionally this bill requires that the Director of DPR, designate neonicotinoid pesticides as restricted materials by January 1, 2018. This bill passed the Senate Environmental Quality Committee and is headed to Senate Appropriations.
State Water Project will Receive Larger Allocation
California will deliver more water this year than it has for each of the last three, as spring storms have nearly filled the state's major reservoirs, officials said Thursday. Water districts serving nearly a million acres of farmland and 40 million residents will receive 60 percent of the water they requested, the state Department of Water Resources announced.
This is California's fifth consecutive drought year and the fourth such increase in recent months of the allocation, which started in December at 10 percent. In 2014, the agency provided clients as little as 5 percent of what they requested for the year.
Northern California this winter received significantly more wet weather than the San Joaquin Valley and Southern California, where reservoirs remain low. Officials say it will take several years for California to recover from the dry spell. Residents statewide for now remain under orders to use at least 20 percent less water than they did before the drought.
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CGFA Career Builders Raffle
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High Court Hears Oral Arguments on Obama Immigration Orders; Ag Warns of Labor Shortages
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The U.S. Supreme Court this week heard oral arguments in the states' case against the White House over President Obama's executive orders to defer deportation of certain classes of illegal, undocumented workers in the U.S. Based on reports from the high court, the absence of Associate Justice Antonin Scalia's replacement could lead to a split 4-4 decision, dealing the White House immigration plan a severe blow. A court decision is expected by the end of June.
In related developments, agriculture - production, processing and retail - warned lawmakers of looming labor shortages, unharvested crops and "significant harm to consumers" if enough guest worker visas are not available to growers this season. Liberal justices praised the Obama orders, while conservative justices sounded skeptical, according to reports. Associate Justice Anthony Kennedy, a conservative, seemed to support the allegation that the President exceeded his authority by setting immigration policy rather than following immigration laws enacted by Congress. Justice Ruth Bader Ginsberg, a liberal, said the government lacks the resources to deport all illegal workers in the U.S. and "priorities must be set." The high court case is the culmination of action brought by Texas and 25 states challenging President Obama's legal authority to defer deportation for the up to 5 million U.S.-born children of undocumented workers, and the undocumented parents of U.S. citizens. The orders would also permit adult illegal aliens to obtain temporary work permits. The states contend the executive orders also place an unfair and significant economic burden on the states to provide services to the undocumented workers, as well as creating a risk that the new legal status would allow such workers to leave agriculture jobs for higher paying employment elsewhere. A Texas federal judge formally stayed implementation of the orders by the Department of Homeland Security until the court decides. Sixty-three national organizations, including several in agriculture, along with several businesses have sided with the Administration in its appeal of a federal court stay of the President's executive orders. In a related immigration development this week, American Farm Bureau Federation (AFBF) President Zippy Duvall was joined by producers and state ag officials from California, Georgia, Massachusetts and Michigan this week in his call for action to increase H-2A guest worker visas to get seasonal workers into the U.S. to harvest crops. The Department of Labor is required to approve visa requests 30 days prior to when the applicant says he/she needs the seasonal labor, but critics contend the department routinely misses that deadline. "These crops are not going to wait. They are going to continue to mature and rot in the field if we don't do something," Duvall said. The groups are asking the Administration to bring the H-2A program "into the 21st century," allowing for electronic transmission of visa decisions, and overcoming processing and procedural delays. Duvall said farmers have requested 77,086 H-2A visas this year, 13% more than a year ago and looking to outpace the 150,000 granted in all of last year. About 79,000 have been approved so far, ABFB said. Over the last five years, requests have jumped 85%, the group reported. In the Senate, Sen. Jeff Flake (R, AZ) introduced legislation this week to "address the gap" between H-2A visas for guest workers and H-1B visas for skilled immigrant labor. Flake's approach would allow workers without college degrees to enter the U.S. to take year-round, unskilled non-farm work while requiring U.S. employers to look for domestic workers before hiring guest workers. The National Turkey Federation (NTF), calling Flake's bill a "common sense" program, said, "There are very few permanent visas for less-skilled workers...at meat and poultry plants. This legislation is a step forward... (to) gain access to legal workers within the pool of general labor through a visa program that would address the needs of the meat and poultry industry, if implemented correctly."
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FSMA Whistleblower Protection Rule Finalized by OSHA
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OSHA this week finalized new protections for food industry workers classified as "whistleblowers." The rule sets up procedures for handling "retaliation complaints" under the new Food Safety Modernization Act (FSMA), explaining how employees can file complaints, what are burden of proof requirements, remedies, statute of limitations and other requirements akin to other whistleblower protections overseen by the agency.
This week's OSHA action finalizes an interim final rule published in February, 2014. Lawyers refer to the rulemaking as "procedural in nature," setting up administrative actions for the handling of whistleblower complaints. FSMA Section 402 provides new protections for workers who report alleged violations of the federal Food Drug & Cosmetic Act (FDCA). Employers who manufacture, process, pack, transport, distribute, receive, hold or import food are affected by the new whistleblower rule. Given the FDCA definition of "food" is anything fed to man or animals and the breadth of FSMA coverage, the animal food industry is covered by the new rules, which went into effect April 18. "Food industry workers must never be silenced by the threat of losing their jobs when their safety or the safety of the public is at stake," said Assistant Secretary of Labor for OSHA Dr. David Michaels, saying the new rule "underscores the agency's commitment to protect the rights of workers who report illegal activity in their workplaces."
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House Appropriations Committee Approves FY2017 Ag/FDA Spending Bill, Future Uncertain
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The full House Appropriations Committee this week, true to its word, completed action on the $147.7-billion FY2017 agriculture/FDA spending bill, but the likelihood of the bill seeing a full floor vote is slim. The bill's total discretionary spending appropriation is $21.3 billion, $451 million less than in FY2016, and $281 million less than requested by President Obama.
House Agriculture Committee Chair Mike Conaway (R, TX) acknowledged the GOP budget battles in the House may mean no floor vote for the full ag package, but said if the bill reaches the floor and the open amendment process touted by House Speaker Paul Ryan (R, WI) is in play, then he's going to "fight like tooth and nail not to relitigate the entire farm bill itself." Conaway is particularly concerned about floor attacks on the federal crop insurance program - by GOP conservatives in search of greater federal spending cuts - as well as using the appropriations process to make cottonseed eligible for federal income protection programs.
The committee said the bill prioritizes "activities that have a direct impact on the American people: Critical food and drug safety program, important rural development program, and effective agricultural research and support programs."
Ag subcommittee ranking member Rep. Nita Lowey (D, NY) was unsuccessful in stripping out $3 million allocated to FDA to fund consumer education on the safety and importance of biotechnology, language supported by over 50 national agriculture groups. Lowey tried to move the money to FDA's pediatric drug and devices category, but lost on a 20-29 vote. She said, "The jury is still out on genetically modified organisms. Some may be safe, some may be of concern. It's not the responsibility of FDA to mount government-controlled propaganda campaigns, particularly when the science is far from certain." Subcommittee chair Robert Aderholt (R, AL) opposed Lowey's action, saying all major science groups, including federal agencies, say biotech foods are safe.
As expected, the committee accepted an amendment by Rep. Sam Farr (D, CA) that prohibits USDA from spending money to inspect horses moving to slaughter. Also accepted was language that prevents the Commodity Futures Trading Commission (CFTC) de minimis swaps dealer regulatory level from automatically being lowered by 60%.
The committee also caused a stir by accepting an amendment on 26-24 vote that blocks a USDA Grain Inspection, Packers & Stockyards Administration (GIPSA) rule that would restrict contracting arrangements and protections by poultry beef and pork processors. It's expected this move will generate a floor fight as Democrats seek to reinstate what they consider to be vital protections for contract growers.
The full committee heard Democrat criticism of the bill's $250-million allocation for the Commodity Futures Trading Commission (CFTC) - effectively no increase over the current fiscal year, with senior members restating the spending level "critically underfunds the agency." At about $80 million less than the President requested, subcommittee Democrats want to see more money spent on Dodd-Frank financial market regulation.
The American Soybean Assn. (ASA) said it was concerned with "the litany of cuts" to conservation programs, including shaving $300 million from the Conservation Stewardship Program (CSP), $113 million from the Environmental Quality Incentives Program (EQIP), and cutting the Regional Conservation Partnership Program back to $46.6 million.
Rural development and food safety saw increases, with rural development programs of various stripes reaping $2.88 billion, $113 million more than in FY2016. FDA would receive a $33.2 million increase in its food safety budget - mainly aimed at implementation of the Food Safety Modernization Act (FSMA) - which outstripped the President's $25.3-million requested increase. The FSMA increase comes as state ag and food officials say they need $100 million to implement the new food safety rules. USDA's food safety effort received a $15.5-million increase. USDA gets $5 million to "educate" farmers and ranchers on their FSMA duties.
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Senate Approves Energy Bill
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On the heels of House action, the full Senate this week approved 85-12 a bipartisan comprehensive energy bill, but reconciling the two versions may prove to be an uphill battle given that the President has threatened to veto the House version.
Senate Energy Committee Chair Lisa Murkowski (R, AK) says, however, the toughest part of conferencing the two bills will be the drastically abbreviated congressional schedule due to elections and other distractions. She hopes to send a final version to the White House by the start of the August recess. Senate action was praised by House Energy & Commerce Chair Fred Upton (R, MI), who congratulated Murkowski and ranking Senate panel member Sen. Maria Cantwell (D, WA), saying the Senate vote "is one step closer to embracing policies that say 'yes' to energy." The bill would permanently reauthorize the Land & Water Conservation Fund (LWCF), a move criticized by the National Cattlemen's Beef Assn. (NCBA) and its Public Lands Council, because the action requires part of the LCWF to secure easements and rights-of-way to open public access to existing public lands. NCBA calls the LCWF the federal government's "chief acquisition tool" for increasing public land purchases. Sportsmen argue they want access, but are thwarted by "no trespassing" signs and locked gates on areas used for grazing. The bill also would authorize $2 billion to modernize the national energy grid, add dollars to research spending on energy storage, create new incentives to reduce energy use by commercial and residential users, further promote renewable energy sources, looking into energy extraction from water, and speed up liquefied natural gas exports from the U.S. to Asia and Europe. The Senate bill, originally introduced in July, 2015, was derailed over strong partisan disagreement over emergency funding to rehabilitate the water system in Flint, Michigan.
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EPA RFS/RVO Draft Rule at Office of Management & Budget for Review
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EPA's draft proposed rule setting 2017 Renewable Fuel Standard (RFS)/renewable volume obligations for (RVO) gasoline blending rates for ethanol, advanced biofuels and cellulosic biofuels is out of the agency and sitting at the Office of Management & Budget (OMB) for final review, signaling the agency is on track to keep its word about releasing the proposed regulation on time and before summer.
After EPA badly missed deadlines in releasing 2014, 2015 and 2016 RFS/RVO rules, agency Administrator Gina McCarthy told Congress EPA has worked to improve the system by which RFS levels are calculated and the agency's rules are proposed. The proposal covers only 2017 for ethanol and cellulosic ethanol, but includes 2018 for biodiesel and renewable diesel. OMB has 90 days to review the rule which would mean the agency gasoline/biofuel blending proposed mandate wouldn't hit the pages of the Federal Register until July. EPA has until November 30 to finalize the 2017 rules on how much of each biofuel must be blended with transportation fuel. Also placing the fate of the 2017 rulemaking in question is the status of federal legal challenges to the earlier 2014-2016 release of RFS volumes. Both ethanol and petroleum companies have sued EPA over several parts of its decision, with ethanol going after the agency's use of its statutory waiver authority to set RFS/RVO levels below specific levels set in the 2007 RFS authorizing legislation.
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Vilsack Heads to G-7 to Talk TPP
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Secretary of Agriculture Tom Vilsack heads to Japan this weekend for a meeting of G-7 agriculture ministers, and the chief topic with at least a couple of meeting attendees will be the Trans-Pacific Partnership (TPP). Following his meeting with the ag leaders from the world's major industrialized nations, Vilsack heads to Vietnam to share the benefits of TPP with officials there.
Also on the G-7 agenda will be how the world's most powerful governments can improve sustainability and "resilience" to the threat of food insecurity among lesser-developed nations, as well as the goal of creating a data base for G-7 countries to share information on climate change, "climate-smart" agriculture and innovation. A priority for Vilsack while at the G-7 meeting will be to hold successful bilateral meetings with Japan and Canada. The definition of that success will be to convey the Administration's confidence Congress will ultimately approve TPP, while pressing Canada and Japan to live up to their agreements on ag imports forged during TPP negotiations. With Canada, the ag secretary said the meeting will provide him an opportunity to "express the hope that as the new administration in Canada takes action relative to agricultural issues - anything on dairy or any other issue - that it does so consistent with the TPP framework so that there's no disruption in the potential benefits for dairy in this country from TPP," Vilsack told AgriPulse in an interview. Vilsack referred to Canada's agreement to increase imports of milk, yoghurt, ice cream and cheese as part of TPP approval. When it comes to Japan, Vilsack will "reaffirm an understanding and sensitivity to issues in Japan relating to TPP, expressing the hope that (Japan's) domestic policies are enacted...respecting the framework that TPP has established," AgriPulse reported.
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Spring Marks Good Time to Review Heat-Safety Measures
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By Steve Adler, Ag Alert
Warm weather has arrived in California, and along with the high temperatures comes the danger of heat illness, particularly for persons who work outdoors. Bryan Little, chief operating officer of the Farm Employers Labor Service, reminds agricultural employers that this is a good time to review heat illness-prevention rules. Little cautioned employers to make sure they comply with Cal/OSHA requirements, which can be reviewed on the FELS website. "The first few weeks of warm weather present the first risk from exposure to heat for farm employees who are not yet acclimatized to the warmer weather to come," Little said. "Experts tell us it takes your body about two weeks to acclimate to working in warmer temperatures. Are you ready, both for the warmer weather, and for the Cal/OSHA inspections that warmer weather will bring?" Here are some things to put into action to comply with heat-safety regulations: - Shade must be available on demand when the temperature is below 80 degrees, and provided at all times when the temperature exceeds 80 degrees, as close to where employees are working as possible.
- Shade must be provided to all employees on a rest or meal break, except those who choose to take a meal break elsewhere.
- Fresh, pure and suitably cool water must be available in sufficient quantities to allow each employee to drink one quart per hour; replenishment is permissible.
- Water is to be provided as close as practicable to the location of work.
- Employees must be trained about heat illness and the Cal/OSHA Heat Illness Prevention Standard before they work in conditions where they might be exposed to heat.
- Supervisors must be additionally trained in compliance procedures, emergency responses and ensuring effective communication to facilitate emergency response.
- A written copy of the farm's heat-safety program, in English and the language understood by the majority of the employees, must be available to employees and Cal/OSHA inspectors on request. This is the most frequently cited part of the standard, and probably the most easily avoided HIP citation, Little said.
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By Calling 811, Farmers Can Work Safely Near Pipelines
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By Christina Souza, Ag Alert
Early spring is a good time to find farmers out in the fields, tilling the soil and making preparations for the coming growing season. As a matter of safety, especially during National Safe Digging Month, those in agriculture, construction and homeowners are reminded that excavation damage remains one of the leading causes of serious pipeline accidents. Karen Norene Mills, California Farm Bureau Federation associate counsel and director of public utilities, said it is important for farmers to be aware of the "Call Before You Dig" program to prevent accidents and avoid problems by first calling 811. "Farmers and ranchers often serve as guardians for important utility infrastructure throughout California-both above and below the ground. The presence of overhead power lines or underground pipelines imposes obligations on farmers and ranchers-and can bring dangers, too," Mills said. "Appropriate education is a key element in making the program effective, and owners of the infrastructure should be conducting extensive outreach about that infrastructure to assure safe practices." Farmers who plan to excavate-defined as any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced in any way by tools, equipment or explosives-must call 811 to be connected to a "one-call center." The center administers a free service for receiving excavation reports and transmitting them to participating utilities that have underground facilities in the excavation area, so they can mark the locations before the work begins. Many farmers are aware that activities such as irrigation system installation, deep ripping and orchard planting or removal trigger the need to call for marking. But the law also invokes a need to call before many other activities. "We want to make sure, first of all, that all of our agricultural customers are safe. We also want to make sure that they recognize when they are doing things-augering, scraping, tunneling, ditching, ripping and tilling-it is a good best practice to contact 811," said Joe Horak, Pacific Gas and Electric Co. agriculture and food processing segment manager. "As farmers start moving through fields and doing farm-related soil work, we want to make sure our agricultural customers are well aware of the process and how important it is to contact 811." Natural gas transmission pipelines appear to pose the greatest risk of injury and damage. These are larger-diameter lines that operate at a higher pressure compared to distribution pipelines that deliver gas directly to the end user. But other types of infrastructure may be lying in wait underground, Mills noted, including oil pipelines, water lines, telecommunications lines or electrical lines, though underground electrical lines are not common in rural areas. Line markers and warning signs indicate the approximate location along the pipeline route. Markers will identify the materials carried underground, the name and contact information for the pipeline operator. But markers aren't indestructible, so just because a marker isn't present doesn't mean there's not a pipeline below. Also, the markers provide only the general location; the line may not follow a straight path between markers, Mills said. Serious accidents have occurred because the markers didn't indicate a turn or angle in a line. "Most disconcerting is that there is currently no mandate to maintain up-to-date information about the depth of underground lines," she said. "Although lines are installed to required depths, information on line depths is not refreshed on any regular basis." If there is an incident and the infrastructure is damaged, an excavator can face civil penalties of $10,000 for negligence, up to $50,000 for willful damage-in addition to any other remedies allowed by law, Mills said. Such liability could occur if an excavator fails to comply with applicable laws and procedures, resulting in damage caused by that failure. "If there is an incident and there hasn't been a call to 811, it's a safety issue first, and secondly, it could be a financial issue too," Horak said. When taking on any type of excavation, agricultural customers should: - Call 811 days prior to digging.
- Give the operator information about how to contact you, where you are planning to dig and what type of work you will be doing.
Utility companies with potential facilities in the area of the dig site will be notified about your intent to dig and each affected utility company will send a locator to mark the approximate location of the underground utility lines. PG&E utility customers who have additional questions or concerns about their request for service, should contact any of the utility's "Locate and Mark" personnel. Learn more about the 811 program at call811.com. (Christine Souza is an assistant editor of Ag Alert. She may be contacted at csouza@cfbf.com.) One-call centers DigAlert: www.digalert.org - This organization covers Imperial, Inyo, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara and Ventura counties. USA North: www.usanorth.org - This organization covers all other California counties not listed above. Utility websites Pacific Gas and Electric Co.
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