June 16, 2022
YOUR SOURCE FOR CAWG AND INDUSTRY NEWS. FOR CAWG MEMBERS ONLY.
IN THIS eNEWS
  • Regulators Reject Self-Driving Tractors
  • Employers Win at Supreme Court
  • ERP Webinar Recording and Resources
  • Ocean Shipping Reform Act Signed by President Biden
  • Growers Can Benefit from the SWEEP Program
  • Wildfire Preparedness Webinar - June 22 @ 10am
  • WEBINAR: Update on Multi-State, USDA-NIFA Funded Smoke Impact Research Project - June 27
  • Farm Service Agency Now Accepting Nominations to Serve on Local County Committees
  • DPR Looking for Feedback on Pesticide Application Notification System
  • CAWG Events: Regional Roadshow, Foundation Golf Tournament
NEWS ITEMS
Regulators Reject Self-Driving Tractors
Last December, Livermore-based manufacturer Monarch Tractors petitioned the Occupational Safety and Health Standards Board to amend a disco music era regulation that prohibits the use of autonomous tractors unless a human being is on board the tractor. In 2019, a similar petition by the Association of Equipment Manufacturers (AEM) was rejected by the board.  
 
The Monarch petition was also not met with open arms. At a board hearing this week, labor union representatives argued that they believe the equipment is unsafe and pointed to this week’s report by the National Highway Traffic Safety Agency (NHTSA) that found there have been 367 crashes in the last nine months, involving vehicles that were using driver-assist technologies. 
 
CAWG testified in support of the petition and corrected the record by pointing out that NHTSA states the data in the report lacks critical context. NHTSA administrator Steven Cliff specifically stated, “I would advise caution before attempting to draw conclusions based only on the data we’re releasing. In fact, the data alone may raise more questions than they answer.” 
 
In responding to the petition, the board decided again to reject the petition outright. The board discussed creating an advisory committee to examine the data and technology more thoroughly and then make a recommendation to bring the regulation in line with the current technology. Ultimately the board rejected the advisory committee approach and instead said they don't want to deal with the issue until 2026 when they believe they will have better data. 
 
Stakeholders from agriculture, manufacturing, and U.C. Davis all testified in support of the petition and are committed to continuing this effort. The glimmer of hope on this issue is that while in 2019 the board unanimously rejected the AEM petition, this time Monarch’s petition was rejected by a 4-3 vote.
Employers Win at Supreme Court
On Wednesday the U.S. Supreme Court ruled that California’s Private Attorneys General Act (PAGA) cannot exclude the use of arbitration to resolve wage and hour disputes. The ruling found the Federal Arbitration Act (FAA) preempts or overrides PAGA.
 
In 2004, California adopted PAGA; which allows private lawyers to file labor law claims against an employer. These claims seek penalties on behalf of a group of employees and for multiple alleged labor violations. This week’s ruling by Justice Alito found that California is the only state to authorize such private suits as a means of enforcing state labor laws. By doing so, the state (in violation of the FAA) allows employees to escape the binding arbitration agreements they signed when they were hired.
 
California is widely viewed as the most litigious state in the nation. In the ruling, Alito said, under PAGA, “low-value claims may easily be welded together into high-value suits.” California employers may receive PAGA demand letters from an attorney representing an employee. Frequently, those cases could be easily resolved in arbitration. However, under PAGA, those cases are far too often resolved in six figure settlements. The Supreme Court has repeatedly overruled California judges who refused to uphold arbitration clauses.
 
In this specific PAGA case, Viking River Cruises, Inc. v. Moriana, the Supreme Court ruled, “Viking is entitled to compel arbitration of Moriana’s individual claim.” Therefore, employers facing PAGA claims may want to discuss the Viking decision with their attorney to see how it may apply to their individual case.  
CAWG and Wine Institute Webinar Recording Available on USDA’s Emergency Relief Program
On June 9, 2022, CAWG and Wine Institute co-hosted a webinar featuring officials from USDA’s Farm Service Agency (FSA) on the Emergency Relief Program (ERP). The program, formerly known as the Wildfire and Hurricane Indemnity Program Plus (WHIP+), was reauthorized by Congress last fall. The ERP provides wine grape growers, farmers and ranchers with direct payments for financial losses incurred in 2020 and 2021 from natural disasters, including wildfires, smoke exposure, drought, extensive heat, hurricanes, derechos, floods and winter storms.

Applications to the program have been sent to all growers who currently participate in the crop insurance program and the deadline to apply is July 22, 2022.

In addition to the webinar recording, view the FSA presentation and an ERP fact sheet. 
Ocean Shipping Reform Act Signed by President Biden
Today, President Biden signed into law the Ocean Shipping Reform Act (S. 3580). The bill aims to end port bottlenecks, lower agriculture shipping rates, and ensure more access to container vessels.

The Ocean Shipping Reform Act is a bipartisan bill that would take key steps to resolving maritime supply chain obstacles that are increasing costs to our U.S. agricultural exporters and preventing our farmers from getting their products overseas. Now that it's law, it will provide a new oversight and enforcement authority through the Federal Maritime Commission, expanding the opportunities for shippers to solve conflicts with the ocean carriers and to increase transparency and accountability among those ocean carriers.
CA Growers Can Benefit from SWEEP Grants
California growers are always hunting for new ways to conserve water and use less energy, especially in drought years like this one. With an innovative grant program, the California Department of Food and Agriculture makes it easier than ever for growers to fund these projects.

The CDFA’s State Water Efficiency and Enhancement Program (SWEEP) provides grants to growers looking to save water or reduce greenhouse gas emissions. The 2021 SWEEP program awarded $43 million to fund 283 grower projects!

The application window for SWEEP typically opens in October and runs until January or when all designated grant funding is awarded, whichever comes first. However, growers should prepare for the process before harvest begins. Any grower interested in learning more about the summer workshops should visit www.tuletech.info/sweep-grants. 
Wildfire Preparedness Webinar
June 22 @ 10:00am via Zoom

Join CAWG, Wine Institute, and the California Sustainable Winegrowing Alliance (CSWA) on Wednesday, June 22nd at 10:00am for a webinar focused on wildfire preparedness for vineyards and wineries

Topics include: available resources, technologies and industry efforts related to wildfire prevention and preparedness. Each presentation will be followed by a brief Q&A.
This webinar is open to all Wine Institute and CAWG members and regional winery and grower association staff. A recording will be available soon after the program.
WEBINAR: Update on Multi-State, USDA-NIFA Funded Smoke Impact Research Project
WHEN: Monday, June 27 at 1:00pm

During this hour, project leads Drs. Tom Collins (WSU), Anita Oberholster (UC Davis), and Elizabeth Tomasino (OSU) will talk about the logistics, progress to date, and what’s next for the multi-year, grant-funded research project focusing on wildfire smoke-exposed wine grapes in CA, OR and WA.
 
Farm Service Agency Now Accepting Nominations for Farmers and Ranchers to Serve on Local County Committees
The U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) is now accepting nominations for county committee members.

County committee members are vital to how FSA carries out disaster programs, as well as conservation, commodity and price support programs, county office employment and other agricultural issues.  All nomination forms for the 2022 election must be postmarked or received in the local FSA office by Aug. 1, 2022.  

To be considered, a producer must be registered and sign an FSA-669A nomination form. The form and other information about FSA county committee elections are available at fsa.usda.gov/elections
DRP Looking for Feedback on Pesticide Application Notification System
The California Department of Pesticide Regulation (DRP) will be hosting three public workshops at the end of the month to collect input on the next phase of the state's pesticide application notification system.

The 2021-2022 state budget allocated $10 million to DPR to begin the development of a statewide system that provides information to the public about pesticides used around them. The system is intended to provide information in advance of pesticide applications occurring near where people live, work, or play.

These workshops will be held via zoom and can be accessed at the links below. No registration is required.


Questions, feedback or comments can be submitted to DPR in writing via email at ProjectNotify@cdpr.ca.gov.

For more information on the statewide pesticide application notification system, visit the DPR website.
CAWG Regional Roadshow - LAST ONE
June 27 | Lodi | Wine Social

Location
Woodbridge Golf & Country
800 East Woodbridge Rd, Woodbridge

Time: 4:00 PM – 6:00 PM 

Guest Speaker: John Roncoroni, Ph.D., Weed Specialist
THANK YOU to our Regional Roadshow Premier Sponsors!
Complimentary registration for all CAWG members.
CAWG Foundation Golf Tournament
The California Association of Winegrape Growers Foundation 3rd Annual Scholarship Golf Tournament, sponsored by Duarte Nursery, is scheduled for Monday, June 27 at Woodbridge Golf and Country Club. Tournament proceeds support scholarships for college age children whose parent or guardian is employed by a California winegrape grower. 

Tournament check-in opens at 9 a.m. followed by a 10 a.m. shotgun start. The tournament will be played as a four-person scramble format. The day will include games, a hole in one contest, and a reception with prizes, drinks and hors d'oeuvres. Following the golf tournament CAWG will host its Regional Roadshow reception at the club house, 4:00 PM - 6:00 PM. To register for the tournament, click here.
 
The 92-year-old Woodbridge Golf & Country Club is located in the heart of Lodi’s wine country and the valley’s finest wineries. The golf course features 27 distinctive holes on its three-championship course.

For information about the CAWG Foundation, please click here.
CALENDAR