The California legislature has just completed one of the first deadlines of the legislative process. Last Friday, all bills had to be voted out of the policy committees in the house of origin. The bills are currently being heard in the Appropriations Committees and ones costing money will move to the "suspense file" where they will sit until May 27th. Some will be voted off suspense, others will be held and die in committee.
Last Friday, May 13th, the Governor released the May Revise. This will lead to significant attention being placed on the budget deliberations which will be completed in the first week of June. More details to follow on the May revise to the budget. More details to follow on the May revise. The budget will be passed by both houses of the legislature by June 15th.
Water
AB 2304 (Levine) Would establish the California Water Market Exchange, governed by a 5-member board, in the Natural Resources Agency. Oppose
AB 1755 (Dodd) The Open and Transparent Water Data Act - Standardizes terms and measurement standards for water transfers. Neutral
Positioning Above Ground Storage
AB 2551 (Gallagher) Would allow a local agency to use the construction management at-risk, design-build, public-private partnership, or design-build-operate method of delivery on a surface storage project. Support
AB 1964 (Salas) Requires the Department of Water Resources to develop a state water policy that gives priority to the formation of joint powers authorities that are formed to address critical surface water storage projects. Support
Groundwater
SB 1317 (Wolk) would require a city or county overlying a high or medium priority water basin to establish a process for issuing a conditional use permit for new well construction. Additionally, the measure would prohibit the issuance of a conditional use permit for a new well in probationary basins, or basins subject to critical overdraft. Oppose
Delta Fix
AB 1713 (Eggman) Delta Water Fix Vote Requirement - this measure will require any proposal to implement a Delta Tunnel water conveyance system to be voted upon by the people of California at the next general election.
AB 2583 (Frazier) Creates additional barriers to implementation of the Delta Water Fix by prohibiting the construction until legally binding financial agreements or contracts are signed by each of the state and federal water contractors that will receive water supplies that commit them to pay for the costs required for the federal Central Valley Project, State Water Project.
Climate Change
SB 1383 (Lara) Short Term Climate Pollutants Regulation mandates a 40% reduction in Methane, 40% reduction in refrigerants, 50% Reduction in black carbon. Oppose
SB 32 (Pavley) Mandates GHG reductions of 40% of 1990 level by 2030 and previous version required 80% reduction by 2050. Oppose
Pesticide Restrictions
AB 2596 (Bloom) Anticoagulants - Expanded existing restrictions on use in designated raptor feeding zones statewide. Contains Ag exemption but not processing. Opposed
SB 1247 (Jackson) Established environmental farming zones around school and day care centers for organic farming - may have created "no pesticide zones." Opposed
SB 1282 (Leno) Would require labeling of commercially available seeds and plants sold at retail establishments, excluding noxious weed seeds and plants, that have been treated with a neonicotinoid pesticide, and, by regulation, designate neonicotinoid pesticides as restricted materials by January 1, 2018. "STATE OF CALIFORNIA SAFETY WARNING: MAY HARM BEES" and have a logo to be designed by the director. Opposed
Labor Bills Could Impact Ag and Processing Industry
There have been a number of labor and employment bills introduced this year that could impact agriculture, input providers and processors. The most noteworthy include elimination of the exemption to overtime for ag field employees and the potential for indoor heat requirement regulations.
AB 2757 (Lorena Gonzalez) would eliminate the current 10 hour per day overtime threshold for agricultural workers by deleting the provision of Labor Code Section 554 exemption agricultural workers covered by Industrial Welfare Commission Wage Order 14. AB 2757 would add a new Section 852 to the Labor Code to phase-in a requirement for overtime after 8 hours in a work day or 40 hours in a work week over a four-year period beginning January 1, 2017 and ending on January 1, 2020.
SB 1167 (Connie Leyva) requires Cal/OSHA to propose to the Cal/OSHA Standards Board a standard protecting indoor workers from heat illness no later than July 1, 2017. This could impact warehouse operations, food processors, manufacturing and packing sheds.
AB 1676 (Nora Campos) would prohibit an employer from seeking salary history information about an employment applicant and would require an employer to furnish an employment applicant with a "pay scale for a position to an applicant applying for employment."
AB 1843 (Mark Stone) would prohibit an employer from asking an employment applicant to disclose or to consider in "any condition of employment" information concerning juvenile court actions.
AB 1948 (Donald Wagner) provides that the penalty of one additional hour of pay to an employee who missed a meal or rest period, as provided in Labor Code 226.7, would be the sole penalty that could be imposed on the employer for that missed meal or rest period. This would disallow recovery otherwise available to the employee under the Labor Code or the Business and Professions Code.
AB 2197 (C. Garcia) would delete a provision from the Unemployment Insurance Code that requires that the first week of a maximum of two weeks' vacation that an employer may require an employee to take before receiving Paid Family Leave benefits be applied to the seven day waiting period for receiving Paid Family Leave benefits.
General Ag Bills
AB 2487 (O'Donnell) This legislation would be a review of the seed program by the Seed Advisory Board. The report must be completed by July 1, 2017.
AB 1826 (Stone) Legislation would revamp the state organics program.
AB 2596 (Bloom) This bill would extend a provision that prohibits the use of anticoagulants in wildlife areas to apply to the entire State of California.
AB 1575 (Bonta, Cooley, Jones-Sawyer, Lackey, and Wood) This bill is sponsored by the local governments to address marijuana regulation. The bill includes many non ag related issues, but they include a section that would override the Secretary of CDFA authority to approve all local ordinances as related to marijuana.
AB 1810 (Levine) This measure amends the CA Seed Act by exempting seed libraries and seed exchanges from the CA seed law. Additionally, it would allow "micro enterprises" engaged in less than $5000 of seed sales in a year to have a separate, less stringent and less costly registration and testing requirements.
AB 1811 (Dodd) Revises the organic fertilizer program at CDFA to allow for more flexibility for licensing, contracting and inspections.
Ag Trailer Bill The administration has stated that they would like to have a section in the ag trailer bill that would override the authority of the Secretary to approve all ordinances on seed and invasive plants.
Governor Issues Executive Order on Water Conservation
The governor's executive order, B-37-16, directs the California Department of Water Resources to work with the State Water Resources Control Board to develop new water use targets as part of a permanent framework for urban water agencies. The targets will build on existing law requiring the state to achieve a 20% reduction in urban water use by 2020. The press release from Governor Brown's office on this Executive Order can be found here.
While the new targets will be tailored to local conditions, the order directs DWR to consider indoor residential per capita water use, local outdoor irrigation needs and climate, commercial, industrial and institutional water use and water lost through leaks and issue a proposed draft framework by Jan. 10, 2017.
Additionally, the order:
- Directs DWR to take actions to minimize water system leaks statewide;
- Directs DWR to strengthen standards for local Water Shortage Contingency Plans, including common statewide standards and requirements that plans assume droughts last at least five years, as well as more frequent and severe periods of drought;
- Directs DWR to work with the California Department of Food and Agriculture to update and require Agricultural Water Management Plans by water suppliers with more than 10,000 irrigated acres of land;
- Continues current bans on wasteful water use such as hosing off sidewalks, driveways and other hard surfaces; and
- Directs the State Water Board to develop a new proposal for mandatory water use reductions in 2017, should the drought persist.
DWR Director Mark Cowin said strengthening water shortage contingency plans as proposed would create a "playbook" tailored to local agencies to deal with future shortages.
State Water Board Staff Revise Conservation Mandates
The State Water Resources Control Board released a staff proposal last week to modify the existing emergency water conservation regulation to reflect improved conditions and allow for more local decision making. The proposal was released in conjunction with an executive order issued by Gov. Jerry Brown outlining long-term water conservation measures aimed at achieving a top priority in the California Water Action Plan - making conservation a way of life.
The State Water Board's staff proposal would replace the existing state-imposed mandatory conservation standards with locally developed standards based on local conditions and supply availability. It would require local urban water agencies to self-certify their water supply availability assuming three additional dry years and customer demands based on 2013 and 2014 averages. Local agencies would determine the combination of conservation, alternative supplies and other strategies needed to assure adequate supply over that time.
The proposal also would require both urban water suppliers and wholesale suppliers to report the underlying basis for their water supply assessments and require urban water suppliers to continue reporting conservation levels on a monthly basis.
If approved by the State Water Board on May 18, the amended regulation would take effect June 1 and remain in effect through January 2017.
Local water agencies would be required to file their supply assessments and targets with the state. The state would then monitor to see that those targets are met.
Governor Signs ADA Reform Legislation
The Americans with Disabilities Act, coupled with the Unruh Civil Rights Act, has provided Californian's with disabilities increased access to public and private buildings and accommodations since they were enacted in 1991. However, it has also proven to be a litigation lightning rod attracting unscrupulous lawyers who file claims against private businesses across the state. There are a small number of lawyers who have become known for filing hundreds of these claims against private businesses and demanding significant fees to settle. The California Legislature has been grappling with balancing appropriate access with necessary reforms. This week the Governor signed SB 269 (Roth) attempting to provide small business owners with a 120 day litigation protection when presented with the fact their businesses do not meet ADA standards if they have acted proactively to identify issues and a 15 day "right to cure" for technical violations that do not impede access.
While modest, SB 269 seeks to incentivize businesses to proactively take steps to become accessible by providing them with 120 days from receipt of a Certified Access Specialist (CASp) report to resolve any violations identified without being subject to statutory penalties or litigation costs. This proposal will assist businesses who are trying to ensure they are compliant from being subject to frivolous claims or litigation. SB 269 also provides 15 days from the service of the summons and complaint to resolve any alleged violation regarding signage, parking lot conditions, and detectable warning surfaces. This limited period will provide a small business owner with the opportunity to devote their financial resources to resolving these minor issues before being subjected to statutory penalties and attorney's fees.
SB 269 further requires the California Commission on Disability Access to post educational materials for business owners regarding how to comply with California's construction-related accessibility standards, as well as share that information with local agencies and departments. Notice and education are key components to helping create more accessible public accommodations and limiting frivolous claims or litigation.
The bill only provides this treatment to smaller business with less than 25 employees. However, it is a start and the author as well as supporters vowed to continue to work to get these provisions expanded to all businesses.
Governor Makes Appointments to Fish and Game Commission
Two weeks ago the Governor made two appointments to the California Fish and game Commission. These are important because they review all designations of "endangered Species Petitions" which can greatly impact agriculture operations across the state. Additionally they make regulations on hunting, recreational fishing and commercial fishing.
Russell Burns, 55, of Napa, has been appointed to the California Fish and Game Commission. Burns has been business manager at Operating Engineers Local Union 3 since 2006, where he has held several positions since 1994, including treasurer, financial secretary, district representative, special representative to the business manager and business agent.
Peter Silva, 63, of Chula Vista, has been appointed to the California Fish and Game Commission. Silva has been president and chief executive officer at Silva-Silva International since 2011. He served as assistant administrator for water at the U.S. Environmental Protection Agency from 2009 to 2011, senior policy advisor at the Metropolitan Water District of Southern California from 2005 to 2009 and vice chair at the State Water Resources Control Board from 2000 to 2005. Silva was deputy general manager at the Border Environment Cooperation Commission from 1997 to 2000 and served in several positions at the City of San Diego Public Utilities Department from 1987 to 1997, including deputy director for water utilities, assistant deputy director for the clean water program and civil engineer. He was a resident engineer at the International Boundary and Water Commission from 1983 to 1987. Silva was an engineer at the San Diego Regional Water Quality Control Board from 1982 to 1983, at the Otay Water District from 1980 to 1982 and at the Los Angeles Regional Water Quality Control Board from 1977 to 1980.