California Ag Network

Category: Ag Legislation

  • Reclamation Releases Biological Assessment for CA Water Operations

    The Bureau of Reclamation released late last week the Biological Assessment for the re-initiation of consultation on the coordinated long-term operation of the Central Valley Project and State Water Project. The document was transmitted to the U.S. Fish and Wildlife Service and the National Marine Fisheries Service for consideration in developing new biological opinions covering CVP and SWP operations. Reclamation and the California Department of Water Resources re-initiated consultation in 2016 based on new information related to multiple years of drought and ongoing science efforts.

    In October 2018, President Donald J. Trump signed the Presidential Memorandum on Promoting the Reliable Supply and Delivery of Water in the West, citing the “diminished…ability” of America’s infrastructure “to deliver water and power in an efficient, cost‑effective way.” To that end, the Memorandum directed the Secretary of the Interior and the Secretary of Commerce to work together to complete the consultation process in a timely manner.

    The Biological Assessment supports Reclamation’s consultation pursuant to Section 7 of the Endangered Species Act of 1973. It was prepared consistent with the timeline outlined in the Presidential Memorandum. The U.S. Fish and Wildlife Service and National Marine Fisheries Service are expected to issue final biological opinions within 135 days.

    “It has been 10 years since the biological opinions on the coordinated long-term operation of the CVP and SWP were issued. Since then, we’ve experienced extreme drought and invested significant resources to advance the science of the Central Valley and the Delta in coordination with our state and federal partner agencies and stakeholders. The result of our investments is an improved understanding of the system,” said Mid-Pacific Regional Director Ernest Conant. “By expanding our toolkit with the best science and using what we know today, new biological opinions will allow us to maximize water and power benefits while supporting endangered fish populations.”

    The Biological Assessment analyzes potential effects of the proposed action on federally listed endangered and threatened species and critical habitat for these species. The proposed action incorporates the best available science into the operation of the CVP and SWP. Proposed actions outlined in the document include temperature management at Shasta Dam, fall habitat and salinity measures in the Delta, and entrainment management related to water exports. Together, these proposed actions aim to give water operators more flexibility, maximize water supply delivery and optimize power generation consistent with applicable laws.

    The Biological Assessment is available here.

  • USDA Awards Agricultural Trade Promotion Program Funding

    Almond Industry Receives $6,900,690 in Funding Allocations

    U.S. Secretary of Agriculture Sonny Perdue announced today that the U.S. Department of Agriculture (USDA) has awarded $200 million to 57 organizations through the Agricultural Trade Promotion Program (ATP) to help U.S. farmers and ranchers identify and access new export markets. The ATP is one of three USDA programs created to mitigate the effects of unjustified trade retaliation against U.S. farmers and exporters. USDA’s Foreign Agricultural Service (FAS) accepted ATP applications between September 4 and November 2 – totaling nearly $600 million – from U.S. trade associations, cooperatives, and other industry-affiliated organizations. The Almond Board of California will receive $3,185,690 and Blue Diamond will receive $3,715,000.

    President Donald J. Trump authorized up to $12 billion in programs to provide assistance to U.S. agriculture through a trade mitigation package announced by Secretary Perdue on September 4, 2018. In addition to the $200 million allocated to the ATP, the package also included the Market Facilitation Program to provide payments to farmers harmed by retaliatory tariffs, and a food purchase and distribution program to assist producers of targeted commodities.

    “At USDA, we are always looking to expand existing markets or open new ones, so we are proud to make good on the third leg of the President’s promise to America’s farmers,” said Secretary Perdue. “This infusion will help us develop other markets and move us away from being dependent on one large customer for our agricultural products. This is seed money, leveraged by hundreds of millions of dollars from the private sector, that will help to increase our agricultural exports.”

    All sectors of U.S. agriculture, including fish and forest product producers, were eligible to apply for cost-share assistance under the ATP. FAS evaluated applications according to criteria that included the potential for export growth in the target market, direct injury from the imposed retaliatory tariffs, and the likelihood that the proposed project or activity will have a near-term impact on agricultural exports.

    “We were pleased to see the large demand for participation in the program, and truly got some out-of-the-box ideas that we are hopeful will expand our global footprint,” Perdue said. “We examined all applications carefully, considered our ranking criteria, and awarded the funds in order to make the best use of taxpayer dollars in growing agricultural trade.”

    The Almond Alliance of California plans to continue to advocate for the $63.3 M in retaliatory trade damages assigned to the almond industry by USDA.  We will keep you updated on our advocacy efforts and how you can be supportive.

  • Challenges and Successes for the California Citrus Industry

    With all the regulatory and economic challenges facing our agricultural industries, California growers understandably have a lot to grunt and complain about; however, if growers see these challenges as opportunities and work together to overcome them, so much more can be accomplished, as has been done in the California citrus industry.  Check out this brief video interview with former President of the California Citrus Mutual, Joel Nelsen, as he explains. Read more about it in the coming issue of California Fresh Fruit Magazine.  Don’t currently receive the publication?  Subscribe for free at https://malcolmmedia.com/california-fresh-fruit-subscriptions/.

  • USDA to Reopen FSA Offices for Limited Services During Gov’t Shutdown

    USDA Secretary Sonny Perdue

    U.S. Secretary of Agriculture Sonny Perdue today announced that many Farm Service Agency (FSA) offices will reopen temporarily in the coming days to perform certain limited services for farmers and ranchers. The U.S. Department of Agriculture (USDA) has recalled about 2,500 FSA employees to open offices on Thursday, January 17 and Friday, January 18, in addition to Tuesday, January 22, during normal business hours. The offices will be closed for the federal Dr. Martin Luther King, Jr. holiday on Monday, January 21.

    In almost half of FSA locations, FSA staff will be available to assist agricultural producers with existing farm loans and to ensure the agency provides 1099 tax documents to borrowers by the Internal Revenue Service’s deadline.

    “Until Congress sends President Trump an appropriations bill in the form that he will sign, we are doing our best to minimize the impact of the partial federal funding lapse on America’s agricultural producers,” Perdue said.  “We are bringing back part of our FSA team to help producers with existing farm loans.  Meanwhile, we continue to examine our legal authorities to ensure we are providing services to our customers to the greatest extent possible during the shutdown.”

    Staff members will be available at certain FSA offices to help producers with specific services, including:

    • Processing payments made on or before December 31, 2018.
    • Continuing expiring financing statements.
    • Opening mail to identify priority items.

    Additionally, as an intermittent incidental duty, staff may release proceeds from the sale of loan security by signing checks jointly payable to FSA that are brought to the county office by producers.

    Information on the locations of FSA offices to be open during this three-day window will be posted:

    While staff are available in person during this three-day window, most available services can be handled over the phone. Producers can begin contacting staff on January 17 here.

    Additionally, farmers who have loan deadlines during the lapse in funding do not need to make payments until the government shutdown ends.

    Other FSA Programs & Services

    Reopened FSA offices will only be able to provide the specifically identified services while open during this limited time. Services that will not be available include, but are not limited to:

    • New direct or facility loans.
    • New Farm loan guarantees.
    • New marketing assistance loans.
    • New applications for Market Facilitation Program (MFP).
    • Certification of 2018 production for MFP payments.
    • Dairy Margin Protection Program.
    • Disaster assistance programs, such as:
      • Livestock Indemnity Program.
      • Emergency Conservation Program.
      • Wildfires and Hurricanes Indemnity Program.
      • Livestock Forage Disaster Program.
      • Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish.

    While January 15, 2019 had been the original deadline for producers to apply for MFP, farmers have been unable to apply since December 28, 2018, when FSA offices closed because of the lapse in federal funding.  Secretary Perdue has extended the MFP application deadline for a period of time equal to the number of business days FSA offices end up being closed, once the government shutdown ends. These announced days of limited staff availability during the shutdown will not constitute days open in calculating the extension. Producers who already applied for MFP and certified their 2018 production by December 28, 2018 should have already received their payments.

    More information on MFP is available at www.farmers.gov/manage/mfp.

  • Top 2019 Ag Issues – California Fresh Fruit Association

    George Radanovich, California Fresh Fruit Association President

    The California Fresh Fruit Association (CFFA) recently announced their Top Issues for 2019. Members were surveyed in December 2018 and ranked the top issues for CFFA to concentrate on in 2019.

    President of the California Fresh Fruit Association, George Radanovich, stated, “As in years past, our membership has given us strong direction in identifying their top priorities for 2019. The issues of labor, water, and food safety, will lead our list of issues,” said Radanovich. “CFFA will continue to serve as the primary liaison between regulatory and legislative authorities by acting as the unified voice for our members on these and many other issues.”

    Here are the results:

    •  Federal Immigration Policies Addressing Current and Future Labor Force
    •   Increasing Wage Costs (Base Wages/OT Thresholds)
    •   Water Supply Availability and Curtailment
    •   Immigration Enforcement (ICE)
    •   Groundwater Management Requirements (S.G.M.A.)
    •   Labor Regulatory Compliance
    •   Water Quality Requirements and Clean Drinking Water Liability
    •   Federal and State Food Safety Compliance Requirements
    •   Health Care Costs (Policy Costs/Paid Sick Leave)
    •   Plant Health Materials (Pesticide, Herbicides, Fungicides, etc.)As always, it will be the Association’s goal to work on behalf of its members to address these issues and many more, in an effort to create a better working environment for their businesses.

      ABOUT THE ASSOCIATION

      The California Fresh Fruit Association’s purpose is to advocate for its members on a daily basis, which is made possible through the voluntary support of growers, shippers, marketers and associate members. The organization was created in 1936, mainly to negotiate railroad rates for shippers, and has since evolved into filling the industry’s need for public policy representation. Visit www.cafreshfruit.com or call (559) 226- 6330 to learn more.

  • Invasive Nutria Damages CA Waterways — Requesting Farmer Assistance!

    Rodents of unusual size —California has got them! The new kid on the block is Nutria, a semiaquatic rodent, that has invaded California’s waterways, and is doing a lot of damage.  USDA is asking farmers for help in locating these pests to be removed. Derek Milsaps from USDA-APHIS presented some information on this pest at the Tree & Vine Expo in Turlock recently.  Watch his brief interview from the expo, and read more about it in the coming issue of Pacific Nut Producer Magazine.  Don’t currently receive the magazine?  Subscribe FREE today at: https://malcolmmedia.com/pacific-nut-producer-magazine-subscriptions/

    Enjoy our Ag video news?  Be sure to let our sponsor Duarte Nursery know & thank them for their industry support!

  • New Law Requires California AG Employers to Provide Sexual Harassment Training

    By Andrew J. Hoag, Fisher Phillips LLP

    New legislation will require almost every employer in the State of California, including agricultural employers, to provide sexual harassment training to all employees—including temporary and seasonal employees.

    By January 1, 2020, all employers of five or more employees must provide at least 2two hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all employees. Effectively, this means that in 2019, most employers in the state will need to provide compliant sexual harassment training that meets certain criteria to all of their employees. Previously, mandatory harassment training was limited to larger employers (employing 50 or more employees) and to larger employers’ supervisors.

    The new law requires affected employers to train all of their employees by January 1, 2020; to train all employees within six6 months of hire; and to train every employee every two years thereafter.

    The law also requires that beginning January 1, 2020, employers of migrant or seasonal agricultural workers provide compliant training to new nonsupervisorial workers at the time of hire and all nonsupervisorial employees at least once every two years. Effectively, this means that agricultural employers may need to provide compliant sexual harassment training to seasonal workers before those employees commence work.

    The trainings have very specific requirements, including practical examples of harassment based on gender identity, gender expression, and sexual orientation presented by trainers or educators with knowledge and expertise in those areas. Accordingly, while the new law requires the Department of Fair Employment and Housing to develop or obtain training courses on the prevention of sexual harassment in the workplace, employers may wish to contact counsel to provide Code-compliant trainings.

    While the penalty for violation of the new training requirements is not severe—the DEFEH may seek an order requiring noncompliant employers comply with the training requirements—an employer’s failure to comply with the law could have significant legal implications if an employee files a claim for sexual harassment or failure to prevent harassment. Accordingly, agricultural employers should work with counsel to ensure compliant trainings and agricultural employers should maintain regular schedules to train all employees every two years, newly-hired employees within six months, and newly-promoted (to supervisory positions) employees within six months.

    Andrew Hoag, Fisher & Phillips
    photo: Mark Savage

    Andrew J. Hoag is an associate with labor and employment law firm Fisher Phillips in its Los Angeles office. He may be reached at ahoag@fisherphillips.com.

  • Grape Crush Report May be Impacted by Government Shutdown

    The ongoing federal government shutdown, which began Dec. 22, may soon affect a key program of great importance to winegrape growers.

    Thursday, Jan. 10 is the deadline for wineries to submit grape purchase data from the 2018 harvest to the U.S. Department of Agriculture’s (USDA) National Agricultural Statistics Service (NASS) Pacific Region office. NASS collects and compiles the data for publication in the Crush Report, which is published annually. The 2019 publication dates are Feb. 8 for the preliminary report and March 8 for the final report. Many purchase contracts between growers and wineries rely on reported prices to establish grape pricing in the following year.

    Currently, NASS staff responsible for producing the report are on unpaid furlough until funding is restored. A continuation of the shutdown makes timely publication of the Crush Report highly uncertain.

    Bill Berryhill, CAWG Chairman

    “The Crush Report, which the industry pays for, provides essential financial information to California winegrape growers,” said Bill Berryhill, a Ceres-area grower and chair of the CAWG board of directors. “Lengthy delays in publishing the report threaten to complicate contract negotiations, interfere with lending activity and make it difficult for growers to budget for the year ahead.

    “We need our elected leaders in Washington, D.C. to quickly resolve this budget impasse and get programs like the Crush Report back up and running,” Berryhill said.

    NASS and many other USDA agencies that are critical to grape growers have been affected by the shutdown. Other agencies include Animal and Plant Health Inspection Service, Agricultural Research Service, Farm Service Agency, Foreign Agricultural Service, Risk Management Agency, National Institute of Food and Agriculture, and the Natural Resources Conservation Service.

  • USDA to Support Marketing of Record Breaking Pistachio Crop

    If you missed Richard Matoian’s State of the Pistachio Industry Address at the Annual Grape, Nut & Tree Fruit Expo, be sure to check out his brief video interview as he shares where the industry currently stands in production and marketing trends.  He also discusses the impact of the international trade dispute and its impact on the pistachio industry, and the multiple ways in which USDA may support the industry at this critical time.  Watch the video and read more about it in Pacific Nut Producer Magazine.

  • 2018 Election Losses for CA Ag & Where to Go from Here

    There were some successes, but a lot of disappointments in California’s 2018 elections.  So where do we go from here? What’s a farmer to do in an askew state like California?  Check out this brief interview with Emily Rooney, President of the Ag Council of California as she shares her insights from the election and some considerations moving forward.

    Enjoy our Ag video news?  Be sure to let our sponsor Duarte Nursery know & thank them for their industry support!