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April 2, 2015     
Inside This Issue.....
Governor Brown Directs First Ever Statewide
May 1 Effective Date Prompts Cal-OSHA to Issue Guidance on New Heat Standard
California Legislative Report
National Association of Plant Breeders Newsletter
Museum Scientist Position
House Ag Committee Holds GM Labeling Hearing
Senate Agriculture Committee Hears from States
Upcoming Meetings

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Governor Brown Directs First Ever Statewide

Mandatory Water Reductions 


Following the lowest snowpack ever recorded and with no end to the drought in sight, Governor Edmund G. Brown Jr. today announced actions that will save water, increase enforcement to prevent wasteful water use, streamline the state's drought response and invest in new technologies that will make California more drought resilient.

 

"Today we are standing on dry grass where there should be five feet of snow. This historic drought demands unprecedented action," said Governor Brown. "Therefore, I'm issuing an executive order mandating substantial water reductions across our state. As Californians, we must pull together and save water in every way possible."

 

High resolution photos of previous snow surveys are available here

 

For more than two years, the state's experts have been managing water resources to ensure that the state survives this drought and is better prepared for the next one. Last year, the Governor proclaimed a drought state of emergency. The state has taken steps to make sure that water is available for human health and safety, growing food, fighting fires and protecting fish and wildlife. Millions have been spent helping thousands of California families most impacted by the drought pay their bills, put food on their tables and have water to drink.

 

The following is a summary of the executive order issued by the Governor today. 

 

Save Water

 

For the first time in state history, the Governor has directed the State Water Resources Control Board to implement mandatory water reductions in cities and towns across California to reduce water usage by 25 percent. This savings amounts to approximately 1.5 million acre-feet of water over the next nine months, or nearly as much as is currently in Lake Oroville.

 

To save more water now, the order will also:

  • Replace 50 million square feet of lawns throughout the state with drought tolerant landscaping in partnership with local governments;
  • Direct the creation of a temporary, statewide consumer rebate program to replace old appliances with more water and energy efficient models;
  • Require campuses, golf courses, cemeteries and other large landscapes to make significant cuts in water use; and
  • Prohibit new homes and developments from irrigating with potable water unless water-efficient drip irrigation systems are used, and ban watering of ornamental grass on public street medians.

Increase Enforcement

 

The Governor's order calls on local water agencies to adjust their rate structures to implement conservation pricing, recognized as an effective way to realize water reductions and discourage water waste.

 

Agricultural water users - which have borne much of the brunt of the drought to date, with hundreds of thousands of fallowed acres, significantly reduced water allocations and thousands of farmworkers laid off - will be required to report more water use information to state regulators, increasing the state's ability to enforce against illegal diversions and waste and unreasonable use of water under today's order. Additionally, the Governor's action strengthens standards for Agricultural Water Management Plans submitted by large agriculture water districts and requires small agriculture water districts to develop similar plans. These plans will help ensure that agricultural communities are prepared in case the drought extends into 2016.

 

Additional actions required by the order include:  

 

  • Taking action against water agencies in depleted groundwater basins that have not shared data on their groundwater supplies with the state;
  • Updating standards for toilets and faucets and outdoor landscaping in residential communities and taking action against communities that ignore these standards; and
  • Making permanent monthly reporting of water usage, conservation and enforcement actions by local water suppliers. 

Streamline Government Response

 

The order:

  • Prioritizes state review and decision-making of water infrastructure projects and requires state agencies to report to the Governor's Office on any application pending for more than 90 days.
  • Streamlines permitting and review of emergency drought salinity barriers - necessary to keep freshwater supplies in upstream reservoirs for human use and habitat protection for endangered and threatened species;
  • Simplifies the review and approval process for voluntary water transfers and emergency drinking water projects; and
  • Directs state departments to provide temporary relocation assistance to families who need to move from homes where domestic wells have run dry to housing with running water.

Invest in New Technologies

 

The order helps make California more drought resilient by:

  • Incentivizing promising new technology that will make California more water efficient through a new program administered by the California Energy Commission.

The full text of the executive order can be found here.

May 1 Effective Date Prompts Cal-OSHA to Issue Guidance on New Heat Standard

 

As we previously reported in Spotlight, the California Occupational Safety & Health Standards Board approved amendments to the state's Heat Illness Prevention (HIP) Regulations (Cal. Code of Regs. tit. 8, � 3395).  The revisions are expected to go into effect on May 1, 2015.


 

In response to questions from stakeholders about how the new requirements will be implemented, Cal/OSHA has posted guidance on the new requirements on their heat illness prevention page. A summary of the changes is available in English and Spanish.
California Legislative Report
 
 by Dennis Albiani,Legislative Advocate

Legislature Passes Emergency Drought Bill

 

Last week the Legislature passed an emergency drought package that would expedite $1.1 billion in funding for water and flood control projects.  The package included $237 million for water reclamation and desalination projects, allocated $44 million to communities hard hit by the drought for food relief and other social programs, $67 million for emergency water projects and over $660 million of Prop 1E funding for flood control projects. 

 

The package passed with strong bipartisan support in both houses.  However, there was some objection to language that was included that gave the Department of Fish and Wildlife broad civil penalty authority including fines up to $10,000 per day.  A few Republicans voted no and several Republicans and Democrats did not vote, citing as their reason the inclusion of this language which seemed unrelated to the drought funding. 

 

Poll Shows Drought Major Concern for Californians

 

A recent poll from the nonpartisan Public Policy Institute of California suggests a growing sense of gloom and frustration across the state about the historic drought that's now in its fourth straight year. Sixty-nine percent of those surveyed say they think California in the year 2025 will have an "inadequate" supply of water. That's a 17-point increase in the long-term water pessimism since PPIC asked the question in September 2013.

 

The biggest water worriers - those who said "very inadequate" - are residents of the Central Valley (59 percent), Republicans (58 percent) and white Californians (56 percent). (In the Inland Empire region, 23 percent of those surveyed say water isn't much of a problem. In the Central Valley, only 9 percent agree with that sentiment.)

 

On this question, it's interesting to note how the two issues - the economy and water - differ by region. The drought outpaces jobs and the economy as a concern among Central Valley residents by 15 percentage points, and among Bay Area residents by 17 percentage points. But travel southward and you find the opposite: Los Angeles residents still think the economy (29 percent) is a bigger worry than the drought (13 percent); and in the Inland Empire, the economy (35 percent) outpaces the drought (15 percent) as the leading problem by a more than 2-to-1 margin.

National Association of Plant Breeders Newsletter

Museum Scientist Position 
  
The Collaboration for Plant Pathogen Strain Identification (CPPSI) is a program that collaborates with members of the American Seed Trade Association (ASTA), American Phytopathological Society (APS), the International Seed Federation (ISF) and other agencies or institutions, such as GEVES in France and Naktuibow in the Netherlands, to coordinate, identify, collect, maintain and distribute differential plant host sets (DHS) and reference plant pathogen strains (RPS) used to confirm disease resistance reactions.

The UC Davis Seed Biotechnology Center will host the Museum Scientist who will provide high level management and leadership for all aspects of the CPPSI. The CPPSI is a new entity. The Museum Scientist will provide leadership and work closely with the CPPSI technical working group to establish the needed systems, procedures and partnerships required to build a successful program that is sustainable and receives continued support from industry, governmental and academic partners. Responsible for Program Development (55%), Administration and Management (35%), Outreach and Communications (10%). Final filing date is 4-17-15.


To apply go to: www.employment.ucdavis.edu.

House Ag Committee Holds GM Labeling Hearing, Pompeo Reintroduces FDA Preemption Bill 

Rep. Mike Pompeo (R, KS) and Rep. G.K. Butterfield (D, NC) - along with a bipartisan group of 16 cosponsors - reintroduced last week a bill to give FDA the ultimate legal authority on food labeling, preempting state labeling laws and preventing state ballot initiatives over labeling of foods produced using biotechnology.  The bill was immediately praised by the Coalition for Safe Affordable Food (CFSAF), a coalition of 40 groups representing production agriculture, processors, input industries and the food processing and retailing industries.  The bill was immediately opposed by the Environmental Working Group (EWG) and its allies. 

 

The bill has two primary goals:  First, to preempt states and localities from creating conflicting and confusing GM labeling laws.  The second is to create a voluntary USDA-certification for non-GM claims in food, similar to the program it currently runs for organics.  While voluntary, observers say the special USDA certification that could be used on the food product label is a great incentive for companies to participate.  At the same time, the bill increases FDA review of GM food ingredients, while mandating closer cooperation between USDA and FDA on the safety of new ingredients to be used in food and feed.  The bill would also require FDA to define the term "natural" when used on food labels.

 

The bill's introduction was announced by Pompeo immediately following a House Agriculture Committee hearing last week on the impact of labeling schemes for foods that contain genetically modified (GM) ingredients where all witnesses and most committee members present, not only evinced strong support for the safety of GMA ingredients, but also called for a federal solution to the issue of food labeling.  CFSAF said the hearing "demonstrates the clear appetite among members of both parties to advance national legislation that will ensure...food labels are based on sound science and uniform standards."

 

American Feed Industry Assn. (AFIA) President Joel Newman said, "We're pleased with the decision to re-introduce the Safe & Accurate Food Labeling Act, just as we supported the bill in the last Congress. We strongly feel there should be a federal food labeling solution, one that consumers can rely upon, but which recognizes the safety of ingredients produced by modern agricultural biotechnology.  AFIA supports Reps. Pompeo and Butterfield for standing up for what is right by working to ensure FDA remains the authoritative power regarding food safety and labeling standards.  AFIA will continue to work with Congress to make sure the specific needs of the animal food industry are addressed in the bill when it is enacted."

 

Pompeo, a member of the House Energy & Commerce Committee which oversees FDA, hopes to move the bill this year, but there's not a Senate counterpart to Pompeo's bill yet.  CFSAF is meeting with a number of Senators on both sides of the aisle, and while there's interest - and the Senate Agriculture Committee is interested in acting on the issue - no primary Senate author has come forward publicly. 

Senate Agriculture Committee Hears from States, Business on WOTUS

The consensus of nearly all witnesses at last week's Senate Agriculture Committee hearing on EPA's controversial "clean water rule," better known as "waters of the U.S. (WOTUS)," is that the proposed rule is broken and needs fixing. Panel ranking member Sen. Debbie Stabenow (D, MI) says she's got faith in EPA the final rule expected this spring will address concerns, while committee Chair Pat Roberts (R, KS) says he's heard nothing from EPA that should allay farm and ranch concerns.

 

In a related development, last week's marathon voting on the Senate's FY2016 budget resolution is expected to see Sen. John Barrasso (R, WY) offer an amendment to "limit" the EPA rulemaking, a move less to rein in EPA - the budget resolution has no force of law - and more to get his colleagues on record about the wisdom of the agency rulemaking. 

 

"I believe the appropriate changes will be made to ensure our agricultural producers get the certainty they need and deserve.  This is critically important so that (producers) can continue operating with confidence their farm activities will not be regulated under the Clean Water Act (CWA)," Stabenow said, explaining she's had several conversations with EPA over the last several months. 

 

"EPA has provided no assurances based on concrete evidence to alleviate any concerns from agriculture or rural America about this rule," Roberts countered, saying he finds it troubling EPA ignores the multiple calls from ag, industry and congress for the agency to withdraw the rule.  He also said he's not impressed with EPA's renaming the rule, adding it makes more sense to "change the rule" instead.

 

The big focus of hearing witnesses is the vagueness of the rule, particularly several of the definitions, including the meaning of "tributary," "significant nexus" to navigable waters, and "adjacent, used by EPA in justifying expanding its authority under the CWA.   Arkansas Attorney General Leslie Rutledge called the rule "impermissibly vague," and does not provide, as EPA says, clarity on agency authority, but instead "causes confusion." 

 

EPA Administrator Gina McCarthy last week told the National Farmers Union's (NFU) annual meeting she regrets the poor manner in which her agency "rolled out" the rulemaking, and said when the final rule is published this spring it will include a narrower definition of tributaries; erosion language will be fixed, and the "only ditches we're interested in are the ones that are natural or constructed streams...the ones that could carry pollution downstream...the ones which have the amount, duration and frequency of flow to look, act and function like a tributary."  The agency has subsequently said waters outside the classic CWA definitions of "navigable waters," with uncertain connections to downstream waters, would be evaluated on an individual basis.

 

Donald van der Vaart, secretary of North Carolina's Environment & Natural Resources Department, said farmers and ranchers will feel the pressure created by EPA's "definitional latitude" because it could subject private land to more regulation.  He said poorly drained lands which situationally hold water are at risk of being defined as wetlands, falling prey to "adjacency" to navigable waters depending on how a particular regulator might define the situation. 

 

Josh Baldi, regional director of the Washington State Department of Ecology, which already administers a similar state law, said while he likes the EPA rulemaking, he is looking for improvements and said EPA should set up regional committees to address state concerns. 

Upcoming Meetings

      

 

 

2015

  • September 29-30, 2015 - CSA Mid Year Meeting at the Hyatt Monterey