YOUR SOURCE FOR CAWG AND INDUSTRY NEWS. FOR CAWG MEMBERS ONLY.

• Diablo Canyon to Stay Open
• Water Wells Legislation Fails Passage
• Last Minute Changes in Pesticide Law + Budget Changes
• It's Heating Up - Reminders for Your Workforce and Crop
• CA Employment Bills Head to the Governors Desk
• CA Set to Extend COVID-19 Supplemental Paid Sick Leave Until End of Year
• Field Trial Update: Advancing Biopesticide Technologies for Managing Pierce’s Disease
• Conservation Agriculture Planning Grants Program
• USDA Announces Details for the Upcoming Census of Agriculture
• $72.9 Million Awarded in Specialty Crop Block Grants
• Call for Nominations: CAWG Grower and Leader of the Year

Diablo Canyon to Stay Open

The very last measure to be taken up in the wee hours of the 2021-22 legislative session on Wednesday evening was SB 846 (Dodd, D-Napa) which proposes to keep the Diablo Canyon nuclear power plant open for five more years.  CAWG supported this legislation.  

In the middle of harvest, the current heat wave is showing us all how fragile our electricity grid really is. The estimated 10% loss of electricity that would result from the closing of Diablo Canyon is simply too great for California to bear.

Additionally, this facility offers the opportunity to create a new supply of water through the potential for a modernized desalination plant at Diablo Canyon which could provide roughly 54,000 acre feet of water annually to the Central Coast. While there are several obstacles to overcome in getting such a desalination plant operational, we know that closure of Diablo Canyon would eliminate that potential opportunity.  

This is one of those issues that evolved quickly over the last few months. Earlier this year, Newsom was opposed to keeping Diablo Canyon open. But over the last few months, it became clear to everyone who studied the issue that California cannot afford to shut down Diablo Canyon. If we can increase our water supply, that is an added bonus.  

SB 846 was co-authored by Assemblymember Jordan Cunningham (R-San Luis Obispo) who represents the communities nearest Diablo Canyon. This bill was ultimately approved in the last few hours of the 2021-22 legislative session by a bipartisan vote in both the Senate and Assembly.  

As the clock ran out on the 2021-22 legislative session at midnight Wednesday evening, one casualty of the deadline was AB 2201 (Bennett – D, Ventura). This bill was opposed by CAWG as it created needless hurdles for getting a new well permit approved.  

The author attempted to amend the bill late last week, but he missed the deadline for the last opportunity to submit amendments. Bennett was not discouraged though and charged ahead. AB 2201 received the bare minimum votes on the Senate floor. But when the bill came back to the Assembly for final approval Wednesday evening, CAWG and the entire coalition opposed to the bill had already worked hard to make Assemblymembers aware of the negative effect of the bill as we asked for a NO vote.  

Fortunately, our message was heard. When AB 2201 never came up for a vote, it simply didn’t beat the clock. This means the bill is dead.  

While defeating AB 2201 is a short-term victory, its now time to think long term.  With the drought likely to continue, the Newsom Administration and the legislature will continue with actions to limit the availability of water for agriculture. Consequently, CAWG will continue to engage on water issues and push for policies that are workable and fair to all water users.   

The state budget process was long ago co-opted to bypass the normal legislative process to quickly make policy changes in law through the state budget. The 2022-23 state budget is no different. While the budget was approved in June and took effect on July 1, last weekend the legislature unveiled a series of new budget trailer bills. Those bills were in print for only three days and were quickly approved and then sent to the governor. 

Relative to the Department of Pesticide Regulation (DPR), the following policy changes were made through the state budget and will take effect when they are signed into law in the next few weeks:

• Grants DPR the authority to inspect and take samples of produce. If that produce is deemed to carry pesticide residue over the permissible tolerance, DPR may request records related to that produce. 
• Increases a series of penalties including a 1,000% increase for misdemeanor penalties, a 300% increase for civil penalties and for the lowest fines for an intentional or negligent violation, and a 200% increase for the highest fines for intentionally or negligently creating a hazard to human health or the environment. The smallest fines increase from $500 to $5,000, and the largest fines increase from $50,000 to $100,000. 
• When ambient air monitoring detects levels exceeding a screening level or regulatory pesticide target, DPR shall investigate and take appropriate action to address violations and mitigate potential exposures.
• Provide $1.1 million for integrated pest management technical assistance.

The budget trailer bills also provide for the following relative to agriculture:

• $1 million to establish the California Agricultural Land Equity Task Force to develop recommendations on how to equitably increase access to agricultural land for food production and traditional tribal agricultural uses.
• $8 million for the creation of an Extreme Heat Action Plan by Cal/OSHA.
• $10 million to conduct education and technical assistance to facilitate small farmer participation in their groundwater sustainability agency.

The above is high level review of some of the changes made. CAWG’s September Issue of The Crush will include a more detailed summary of budget actions related to agriculture and the wine industry.  

Excessive Heat - An Insurable Loss

If you have concerns regarding your crops tonnage coming in lighter due to excessive heat, or any other reason, we recommend contacting your crop insurance agent as soon as possible to discuss. 

Per Kristine Fox, Pan American Insurance Services, CAWG's preferred provider: “You should report notice of damage or a lighter crop as soon as possible, but no later than 60 days after the last pick, by variety type. If you are reporting after 60 days, your claim will be denied. If there are any smoke exposure concerns, make sure samples from each block are taken for testing prior to harvest. As a reminder, there are no penalties to file a crop insurance claim, regardless of the outcome.” 

Reminders for Protecting Your Workforce 

Cal/OSHA is reminding all employers to take measures to ensure the protection of outdoor workers from heat illness. Excessive heat warnings have been issued throughout California.

RESOURCES: Heat Illness Prevention web page | 99calor.org 

Provided by Fisher Phillips

Eight months of legislative wrangling and deal making have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to see which workplace law proposals will become law. While the Legislature adjourned on August 31 and will not return to Sacramento until 2023, the drama is just beginning as Governor Newsom now has until September 30 to sign or veto the bills that have reached his desk. For the first time since the COVID-19 pandemic, this year has been a “return to normal” year for California lawmakers, which means a return to aggressive legislation establishing and expanding workplace protections for employees. So what are the top 10 bills you should be keeping an eye on over the next month? 

• NOTE: Unless otherwise noted, any of these bills that are signed into law will take effect January 1, 2023.

• NOTE: For a comprehensive list of all the employment-related bills pending on the Governor’s desk, see Fisher Phillips prepared chart.

ARTICLE

Provided by Fisher Phillips

Just as thousands of California employers thought COVID-19 Supplemental Paid Sick Leave (SPSL) was about to come to an end, Governor Newsom is set to sign an extension into law – which will push the current expiration date of September 30 to December 31, 2022. However, there is a silver lining for employers as Assembly Bill 152 makes two employer-friendly changes to the SPSL requirements and enacts a relief grant for qualified small businesses to recover expenses related to providing SPSL. Although AB 152 has not officially gone into effect, once it passes the legislature and is signed by Governor Newsom — both of which seem inevitable at this point — it will take immediate effect as a budget trailer bill. What do employers need to know about this significant development?

ARTICLE

Date: Tuesday, September 6, 2022

Time: 8:00 AM to 10:00 AM

Location: Armstrong Field Station, UC Davis, 1089 Old Davis Road, Davis

Join UC, Davis' Dept of Plant Pathology for an upcoming field day hosted by Dr. Akif Eskalen and colleagues at UC Davis showcasing field trials of biopesticide technologies against Pierce’s disease.

This work was awarded funding from the PD/GWSS Board earlier this year, and is briefly outlined in the PD/GWSS Board’s summer newsletter.

FLYER

The California Department of Food and Agriculture (CDFA) recently announced the new Conservation Agriculture Planning Grants Program (CAPGP). This program funds plans for climate change mitigation and adaptation, further environmental stewardship on farms and ranches, and projects to ensure agricultural food security into the future.

The following are examples of conservation plans eligible for funding: 

Irrigation Water Management Design, Comprehensive Nutrient Management, Soil Health Management Plan, Agricultural Energy Design Plan, Conservation Plan Supporting Organic Transition or Organic System Plan, Transition to Organic, Pest Management Conservation System, Carbon Sequestration and Greenhouse Gas Mitigation Assessment, and more... 

Application deadline: October 23, 2022

LEARN MORE

Stay Tuned for SWEEP!

We expect CDFA will soon be announcing the guidelines for the 2023 State Water Efficiency and Enhancement Program (SWEEP).

The United States Department of Agriculture (USDA) recently announced the plans for the 2022 Census of Agriculture. USDA will mail the census to millions of agriculture producers across the 50 states and Puerto Rico this fall.

The 2022 Census of Agriculture will be mailed in phases, starting with an invitation to respond online in November, followed by paper questionnaires in December. Farm operations of all sizes, urban and rural, which produced and sold, or normally would have sold, $1,000 or more of agricultural product in 2022 are included in the ag census.

The Census of Agriculture began in 1840 and is now conducted every five years by USDA’s National Agricultural Statistics Service (NASS). The census highlights land use and ownership, producer characteristics, production practices, income and expenditures, among other topics. 

To learn more about the Census of Agriculture, visit nass.usda.gov/AgCensus 

USDA’s Agricultural Marketing Service (AMS) announced it has awarded a total of $72.9 million in Fiscal Year 2022 Specialty Crop Block Grant Program (SCBGP) funding.

These SCBGP grants will be used to fund projects that support the specialty crop industry, including winegrapes, by enhancing food safety, investing in specialty crop research, including research to focus on conservation and environmental outcomes, developing new and improved seed varieties and specialty crops, and improving strategies for pest and disease control.

Funding for the SCBGP grants is authorized by the 2018 Farm Bill and FY 2022 funding is awarded for a three-year period beginning Sept. 30, 2022. Since 2006, USDA has invested more than $953 million through the SCBGP to fund 11,331 projects that have increased the long-term successes of producers and broadened the market for specialty crops in the U.S. and abroad.

VIEW CALIFORNIA FUNDED PROJECTS

JANUARY 

24-26 – Save the Date! 2023 Unified Wine & Grape Symposium 

STAY CONNECTED