Letter to California Water Commission on Failure to Approve Temperance Dam

CWC Decision is a Black Eye to State

Editor’s note: Valley legislators sent the attached letter to the CWC last week, reflecting both disappointment and concern over the CWC WSIP process as it relates to the Temperance Flat Reservoir Project. The letter asks for a reconsideration for the TFR ecosystem evaluation.

Clearly, we appreciate all our Valley legislators who have fought so hard for this project for many years. This letter at a minimum puts on the record their thoughts on how the CWC handled the TFR project.

May 17, 2018

California Water Commission: Mr. Armando Quintero, Chair, & Mr. Joe Yun, Executive Officer

P.O. Box 942836, Sacramento, California 94236-000

Dear Mr. Quintero, Mr. Yun and Commission  Members:

On May 3, 2018, The California Water Commission took action, perhaps the most definitive and historic action with regard to the Water Storage Investment Program (WSIP) state bond funding applications.

As members of the California Legislature, we have watched and participated in this entire application process. All Californians would benefit from water storage projects this money is intended to fund. However, this investment has been stymied by the commission staff’s narrow determination. The people we represent have expected a great deal of positive leadership from the Water Commission and we echo the public’s disappointment in how the review process has unfolded.

During the initial review of WSIP project applications, many of us joined in calling into question the policy and procedures of the application review process. From the beginning, we had concerns that the process developed by commission staff and the information provided would not adequately account the benefits of water storage projects throughout the state. Despite our concerns, little was done to address the problem resulting in six of the project scores receiving “O” benefits.

Temperance Dam

Mario Santoyo is Executive Director of the SJV Water Infrastructure Authority, which presented the Temperance Flat Dam Proposal to the California Water Commission​.

In 2008, the EDT model was selected by the state and federal agencies responsible for implementation of the San Joaquin River Restoration Program (SJRRP)—namely the U.S. Bureau of Reclamation, the U.S. Fish and Wildlife Service, the U.S. National Marine Fisheries Service, and the California Department of Fish and Wildlife (CDFW). In the Quantitative Fisheries Model Selection Recommendation Process, 2008, the SJRRP agencies state that EDT was rated ” … as the most appropriate quantitative fish population model for the SJRRP.” This report also states that “the EDT model is a framework that views salmon as the indicator or diagnostic species for the ecosystem. The salmon’s perspective (i.e., its perception of the environment) becomes a filtered view of the system as a whole.

The EDT framework was designed so that analysis made at different scales (i.e., from tributary watersheds to successively larger watersheds) might be related and linked. Biological performance is a central feature of the framework and is defined in terms of three elements: life history diversity, productivity, and capacity. These elements of performance are characteristics of the ecosystem that describe persistence, abundance, and distribution potential of a population. This analytical model is the tool used to analyze environmental information and draw conclusions about the ecosystem. The model incorporates an environmental attributes database and a set of mathematical algorithms that compute productivity and capacity parameters for the diagnostic species. …”

In 2014, the U.S. Bureau of Reclamation selected the EDT model for application to the Upper San Joaquin River Basin Storage Investigation—the federal feasibility study of Temperance Flat Reservoir—to quantify benefits. Prior to its application, Reclamation commissioned a scientific peer review of the EDT model to confirm the suitability of its use for quantifying benefits. It is our understanding that when the SJVWIA team asked if there were any models that could be used in place of the EDT, the CWC staff declined to respond. This is of clear concern and demonstrates the inconsistencies within the information provided by commission staff.

From the San Joaquin Valley’s perspective, the outcome of this process is a black eye for the state. The two-thirds threshold for Proposition 1 in 2014 would not have been met without the support of the San Joaquin Valley. Despite the bias by some opponents against large-scale storage projects, the language in AB 1471intentionally included Chapter 8 (Provision (a), section 797.1, page 22) to clarify that the Legislature’s intent for the $2.7 billion allocation was for  surface water storage projects with an emphasis on Sites and Temperance Flat Reservoir based on the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000 (Section 2. Decision, 2.2 Plan for Action, 2.2.5 Storage, pages 42 through 45). We the members of the Legislature believed that by voting for Prop 1 funding that all projects including controversial storage projects in the CALFED Bay Delta Program would be given a fair and accurate evaluation in order to meet the overall water management strategy for the state.

In closing, we insist that the Water Commission reconsider its acceptance of the staff recommendation on the Temperance Flat Project’s ecosystem scoring or at the minimum direct the staff to go back and re-evaluate the application’s ecosystem public benefit utilizing the Ecosystem Diagnosis and Treatment (EDT) model cited in the Water Commission’s Technical Reference Document as being acceptable for use in the analysis required by the application.

Sincerely,

(Letter was signed by nine Valley state senators and assembly persons.)

2018-05-29T16:59:53-07:00May 29th, 2018|

Temperance Flat Dam Fallout Continues

Even Growers Not Benefitting are Unhappy

By Patrick Cavanaugh, Editor

Even growers who were not going to benefit from the proposed Temperance Flat Dam are upset by the denial of funding for the project by the California Water Commission.

Doug Verboon is a walnut grower as well as County Supervisor in Kings County. He said Kings County was not going to get anything from Temperance Flat, but still he was all for it.

“We’re actually in the middle. We weren’t going to get any water from the project, but we want our neighbors to be happy as well, so it hurts to see them hurt and we’re getting tired of the do as I say and not do as I do, attitude from … Sacramento,” Verboon said.

“We need someone to stick up for our rights. We feel that the opinions that the Water Commission pushed upon us were somebody else’s opinion. The Water Commission did not take time to listen to our projects plans, or listen to our comments. They already had their mind made up before the 2014 Water bond went to the voters,” Verboon said.

Ryan Jacobsen, Executive Director, Fresno County Farm Bureau

Ryan Jacobsen,the executive director of the Fresno County Farm Bureau representing farmers who would have definitely benefited from Temperance Flat Dam if it was approved by the California Water Commission, also had a lot to say on the topic.

“First and foremost, there is obvious frustration. I mean, I think that’s the expression of what everybody had here to say. We are all left bewildered as to why, how a decision like this with as much work that’s gone into it. We had science that backed it up and all of the sudden the commission came back and said that it wasn’t even close enough to be good and that they could not help us get there.”

Jacobsen noted that the commission could not explain why the project was not good. “They just said it was not good. It really smells of politics, and sounds as though things were done inappropriately and at this point, it’s just a frustration and it’s time to reorganize and figure out how the fight continues to build that very important project to this Valley,” he said.

2018-05-18T18:00:49-07:00May 18th, 2018|

Officials Angered Over Temperance Flat Lack of Funding

The Will of The People Was Ignored

By Patrick Cavanaugh, Editor

Agricultural leaders from cities, along with state and federal officials representing the Central San Joaquin Valley, are reeling with anger and disappointment with the California Water Commission’s failure to fund the Temperance Flat Dam storage project.

California Water Commission members facing the room, with staff at table in front of them. The staff made all decisions based on NRDC and CA Fish and Wildlife recommendations, killing Temperance Flat funding.

“The California Water Commission have ignored the facts and their own guidelines and have ignored the will of the people,” said Lee Brand, mayor of Fresno. “We believe the voters, especially those in the Central Valley, overwhelmingly passed Proposition 1 where there was an expectation that their hard-earned money would be spent to help build water storage.”

“We desperately needed the Temperance Flat project. It will help us secure our water supplies against the droughts we know surely come,” Brand said.

The push to get funding for Temperance Flat dam was truly a valley-wide effort, with supervisors from Fresno, Kings, Madera and Merced counties, along with many cities and water agencies.

“Voters not just in the Valley but across the entire state should be upset over this decision. It is unthinkable that the Water Commission did not understand the benefits of the temperance flat project,” Brand said.

“Clearly all of us … are disappointed and clearly many of the voters in this valley are angered because we have been overlooked in terms of the water needs that are so essential for our valley,” said Jim Costa, D-CA 16th District, which includes Fresno.

“The Valley needs a reliable supply of water, and we supported this initiative on the basis that we would gain a more reliable supply of water. And clearly the recommendations of the Water Commission who took their staff’s lead was a very, very big disappointment for me. And I think all of us,” Costa continued.

“We’re not given up. That’s the bottom line. We’re not giving up,” he said.

2018-05-17T15:11:28-07:00May 16th, 2018|

Latinos and Immigration Reform – Part 1 of 4 Parts

The Need for A Critical Analysis For Immigration Reform

By Arnoldo S. Torres with National Institute of Latino Policy

This is an analysis of the immigration debate and the responsibility Latinos must examine on the strategy and tactics applied and the corresponding consequences of these actions.

Now that DACA and the President’s immigration enforcement package have been placed on hold by Congress and the courts, all parties have some time to try and work out a short-term or long-term compromise. Latino and DACA “leaders” must step back and consider the strategy they have been following, its pros and what I believe are many cons. It is an arduous task they have taken on, and I respect and admire the determination, emotion, and commitment they have demonstrated to date.

However, the strategy they have been following has had little success on the bottom line, while having severe consequences. It’s great to be mentioned by Hollywood actors at the 90th Oscar Awards, but that does not provide the relief and fairness being sought and earned by hardworking people whose motivations are no different than those who migrated to the U.S. at the turn of the 19th century.

Over the last 17 years, Latinos have seen how fear and anger has manifested itself towards our U.S.-born and immigrant communities. Despite all who suffered (including many immigrants from many parts of the world) from the horrific and permanent scars caused by the attacks on September 11, 2001, we began to experience the unprecedented damage to our national psyche and identification.  The door of anti-immigrant sentiment had been nudged open.

With the beginning of the presidential campaign in 2015, the door came off the hinges. We have been experiencing a level of intolerance, scapegoating, ignorance, nationalist xenophobia and racism most had not seen or felt before. Those of us who remember that these attitudes and behavior have long been a part of our history in this nation also remember the ugly experiences of our parents and grandparents. I cannot help but believe that fixing that damn door may not be possible after what we have been through the last seven years.

Arnoldo Torres

Latinos need to accept the reality that we have a fair share of responsibility for what has happened to us in this immigration dynamic. The perspective and analysis I offer do not come at an easy time nor will it be well received by many. However, I ask that you look beyond the political correctness lens that will surely be applied.

Some will say how dare I question what Latino advocates on immigration have been doing. I would respond how dare there is no dialogue or transparency of what has been going on for years with no tangible results!  It is essential and imperative that all so-called “movements del pueblo, of conscious” have a critical analysis of their strategy, tactics, plans, and results.

It was Latino “Dreamers” who accepted the political argument and strategy that said, “These kids are not to blame for the actions of their parents who brought them to the U.S. illegally.” This political argument should never have been made, and the political strategy never followed. But liberal left and “progressive” foundations began to fund immigrant rights groups during the Obama years, and this was the argument and strategy followed to a tee. Democratic leaders went right along.

“Dreamers” were portrayed as being “Americans” who have and would contribute significantly to the nation because they were educated, had or were willing to serve in the military and their faces and pictures made for excellent optics. It was clear that the strategist behind this approach believed that these pictures and young faces would be hard to condemn.  Another clear element in this self-defeating strategy was the confident feeling that Hilary would take care of all remaining undocumented family members.

This line of argument and thinking was dishonorable and unfair to the parent generation in the U.S. Parents who entered the US without papers did not do so to hurt their children. Their parents were seeking what parents all over the world want, economic survival and opportunity for their family. The parent generation of the “Dreamers,” like their parents before them, were recruited and encouraged to come to the U.S. by specific industries. Over time these industries became dependent on and preferred these immigrant workers over U.S.-born workers. In other words, Mexicans were not the cause of any displacement, the economic market and U.S.-born workers work ethic changed. This process formally and informally began during the first World War because of labor shortages.

These generations of undocumented immigrants have made exceptional contributions to this nation up until this very time in our history.  They have labored hard in whatever jobs they secured, they have paid taxes, made sure their children did well in school so one day they would meet the criteria for the DACA program, they purchased homes, started small and medium businesses, took jobs that paid little and offered little protection or benefits but were indispensable to our economy, and seldom complained!

Shame on the Republicans who have portrayed these generations of hard-working people as welfare dependents, criminals, drug smugglers, or “not the best.” Shame on Democrats for speaking out of both sides of their mouths while playing politics with the desperation of vulnerable people, and hubris and inexperience of youth that found a voice. Shame on the liberal foundations and the Frank Sharrys (America’s Voice) in this network who were fighting other battles besides the one that was facing good people.

This unprecedented investment in the immigrant community has undoubtedly raised the profile of DACA recipients, helped fund the building of capacity and infrastructure of immigrant community advocacy groups. They indeed developed and gave voice to the individuals who became DACA leaders. However, these liberal/progressive institutions and their public faces contributed significantly to the strategy, talking points, and tactics that put exclusive focus and political capital on DACA recipients. DACA has pushed aside all the other immigration policy, domestic and international issues confronting the large Latino family that exists in the U.S.

I do not doubt that there is good faith and that there are many individuals on the left that are well motivated and committed. However, there should be no doubt that “the road to hell is paved with good intentions.” This side of the political spectrum has a clear pattern of telling us what is in minorities’ best interest and how to get there. They may not see it as clearly as many of us have over decades, but do not doubt its existence, prevalence, and negative consequences.

The challenge Latinos and Dreamers must overcome is the inclination to place critical issues before us in only a political context. We seriously ignore the role policy has in deciding the future and moving the needle. I am not naïve enough to maintain that perfection should be the enemy of good, but I certainly hope I will not hear perfection should not be our motivation. Politics is not the engine that drives all things and cannot replace sound policy proposals that are opposed because they do not satisfy our bias or ignorance.  Bad public policy makes for bad politics and presents intended and unintended consequences for the future. It is a dangerous habit to break, as evidenced by what Congress has been doing for far too long.

2018-05-14T16:38:51-07:00May 14th, 2018|

Travis Allen’s Plan for Agriculture

Allen Says Regs Hurting Farmers

By Jessica Theisman, Associate Editor

California has general elections coming up on November 6th, and campaigning is already underway for the June 5th primary. California Ag Today recently met with Travis Allen, a state assemblyman running to be the next governor of California.

“One of my 5 point plans is very simple: to complete the California state water project,” Allen said.

One of his goals is to help complete the water project with more water storage in California. (Editor’s Note: We were not able to reach Travis Allen regarding the failure of the California Water Commission in funding Temperance Flat Dam.)

Califonia Assemblyman Travis Allen is Running for Governor

Allen wants to, “cut California’s taxes, get tough on crime and repeal the soft-on-crime laws of Gov. Jerry Brown.” Other goals include fixing the roads, expanding freeways, and repealing the gas tax without any new taxes.

“We are going to fix our broken education system,” he also said.

Allen wants to ensure there is enough water for the Central Valley.

“We have all of these extreme environmental regulations that are literally regulating our farmers out of business,” he said.

The State Water Resources Control Board has taken a heavy-handed approach in the valley and it affects everyone across California, not just the people who live in the Central Valley.

“Remember, the fruit and vegetables that are grown right here in the Central Valley are enjoyed not only throughout California but throughout the country and throughout the world,” Allen said.

2018-05-09T16:33:38-07:00May 9th, 2018|

Laurie Greene Wins Journalism Award

Greene Wins Fresno County Farm Bureau Award for Series on Farm Workers’ Rights

 

By Patrick Cavanaugh, Editor

 

The Fresno County Farm Bureau (FCFB) recognized Laurie Greene, founding editor of CaliforniaAgToday.com,  with a First Place Journalism Award in the Farm Trade Print category on May 3. Her nine-part series published on our Google News-recognized CaliforniaAgToday.com website entitled, “Who Safeguards California Farm Workers’ Rights?” focused on recent, predominantly legal developments that illustrate the increasingly complex quagmire that masquerades as protecting farm employees’ rights in the state.

Laurie Greene wins Journalism Award

Ryan Jacobsen, FCFB CEO; Laurie Greene holding tractor award; and Donny Rollin, FCFB President.

According to the FCFB, “The annual awards recognize excellence in reporting on agricultural issues from journalists throughout the region. The criteria for the awards were: awareness of agriculture’s importance in the Valley; use of visuals to tell the story, where applicable; thorough and objective coverage of the issues, given time and space limitations; and portraying the ‘human side’ of the industry, making the issues relevant to consumers and/or producers.”

Laurie’s careful coverage of a complicated story was unrelenting in its meticulous research and thorough in cultivating numerous sources to tell the complete legal story of Gerawan’s farm employees. Laurie has been cited as a journalist with a sharp legal mind and is a strong asset to the company.

“When I moved to the Central Valley,” Greene said, “I was shocked to discover that Cesar Chavez’s legacy was tarnished. His UFW had evolved to mandate that farm employees submit to mediated union representation and payment of dues—all this by a union elected a quarter century earlier that subsequently abandoned the workers for two decades.

Gerawan Employees

Gerawan Farm Workers Protest against UFW at California Supreme Court.

Greene explained, “Current farm employees have had to fight to have their voices heard, to gain access to pertinent court hearings, to work unimpeded for the employer of their choosing, to face employment termination if they refuse to pay union dues, to exercise their right to vote to decertify the union in a sanctioned election and to have their votes publicly counted. I felt compelled to relay the facts in this important story.”

FCFB 2018 Journalism Award Winners Alex Backus, CBS47; Laurie Greene, CaliforniaAgToday.com; and Dominic McAndrew, 580AM KMJ. (Absent was Maria G. Ortiz-Briones, Vida en el Vale)

 

Greene’s work in the series was shared across the California Ag Today’s social media platforms and broadcasted across the California Ag Today Radio Network of 22 radio stations. She is also the owner of Cultivated Words, which provides professional editing services and college application essay coaching.

 


Other award winners were:

Audio:  Dominic McAndrew, News Talk 580AM, KMJ, “Signing the application for state funding of Temperance Flat Dam,” August 14, 2017.

Video:  Alex Backus, CBS47, “Fear in the Fields,” May 19, 2017.

General Print:  Maria G. Ortiz-Briones, Vida en el Vale, “Farmers, immigration rights advocates push back after ICE checks in the Central Valley,” February 12, 2018.

 


Who Safeguards California Farm Workers’ Rights?  (abridged)

Greene focused on the ongoing pressure the United Farm Workers (UFW) and the California Agriculture Labor Relations Board (ALRB) has placed on Gerawan farm workers in an attempt to force them to accept mandatory fee-based union representation by the UFW. Gerawan employees voted in favor of UFW representation in 1990, an election the ALRB certified in 1992. UFW never reached a contract to represent Gerawan employees in wage negotiations with their employer and never collected union dues. The UFW effectively abandoned the farm workers for 20 years.

The California Legislature amended the Agricultural Labor Relations Act in 2012 to impose a mandatory mediation and conciliation process for union contracts. The UFW offered Gerawan employees a new contract proposal via this forced legal process.

On Oct. 25, 2013, Gerawan employee Silvia Lopez filed a petition to decertify the UFW as the bargaining representative for the company’s workers. Gerawan voted in an historic, ALRB-sanctioned election on November 4 or 5, 2013; however, the ALRB impounded the ballots, reportedly without having counted them.

Silvia Lopez, Gerawan farm worker spokesperson

The twists and turns of who actually safeguards California farm employees’ rights have been strikingly dramatic, undemocratic, political, and arguably unconstitutional. And yet, the conflict remains legally unresolved.

Click here to read the series.

Click here to search for California Ag Today’s multimedia coverage since 2013 of this ongoing battle.  Search suggestions:  Gerawan Farming, Silvia Lopez, UFW, and ALRB.

2019-12-25T16:01:33-08:00May 7th, 2018|

Temperance Flat Denied Funding

All Hope Dries Up

By Patrick Cavanaugh, Editor

Again, it came down to fish, specifically Chinook salmon, that forced the proposed Temperance Flat Dam out of the race for Proposition 1 funding for building new water storage projects.

Mario Santoyo and Temperance Flat Denied Funding

Mario Santoyo fought hard for Temperance Flat Dam funding.

For more than 20 years, the Temperance Flat Dam proposal was passionately advocated with unwavering support by Central Valley cities and the San Joaquin Valley Infrastructure Authority (SJVIA) who were behind the application. Temperance Flat came crumbling down Wednesday at the California Water Commission (CWC) meeting in Sacramento on the second day of discussion.

On Tuesday, CWC staff members assigned to crunch the Public Benefit Ratios for the project were solidly encased in concrete, refusing to grant the project any consideration for its ecosystem restoration benefits. The Dam would provide critical cold water to flow down the San Joaquin River, thus helping the salmon spawn.

CA Water Commission kills Temperance Flat funding

CA Water Commission denied funding for Temperance Flat Dam.

And while the official public benefit calculation came up short today, proponents already saw that the project was already on life support Tuesday, with a dire prognosis.

“Stunned is an understatement,” said Mario Santoyo, executive director of the SJVIA, who has worked for more than 18 years on the project. “Temperance Flat is the most critical water project ever proposed for the Central Valley, which is ground zero for significant water shortages that will not go away.”

It all boiled down to the Ecosystem Diagnosis and Treatment (EDT) model that was approved by Bureau of Reclamation and the California Department of Water Resources. Despite both approvals, that model did not jive with the Commission staff’s model, which undervalued the project’s public benefit ratio, killing the opportunity for Temperance Flat Dam to receive funding of more $1 billion for construction.

“We are working in an area of great uncertainty in professional judgment,” Bill Swanson, vice president, Water Resources Planning & Management for Stantec, a global planning and engineering firm, who presented data for the SJVIA. “We do not have fish in the river. We do not have empirical data. The only issue available to us is a comparison of how the system would respond to changes in flow, temperature and habitat,” Swanson said.

“That’s the reason we used the EDT model, the same model that the Bureau of Reclamation has used in their models of flow,” Swanson explained. “The SJVIA’s challenge was how to take the results of that model and analyze them to a level of detail that distinguishes the precision that we might want to have around the results,” said Swanson.

Bill Swanson

Stantec’s Bill Swanson advocated for Temperance Flat Dam funding.

“I’m very disappointed with the way they scored a great project that needed to be built,” noted Santoyo. “And I am not happy about one commissioner from Orange Cove who stabbed us in the back and scolded us on why we did not meet the Public Benefit Ratio. We did meet and exceed that ratio, but the CWC disagreed with our ecosystem restoration model that had been used by both the state and the feds.”

Several Water Commissioners publicly wrangled with their staff on how they could make the project work. They sought areas to increase the project’s cost-benefit evaluation to get it funded.

Commissioner Joe Del Bosque read the ballot text of Prop 1, approved by California voters by 67 percent in 2014. He reminded those present that voters expected a water storage project to be built, adding, “We need to find more certainty in order to get Temperance Flat built.”

Commissioner Daniel Curtain distinguished two parts to the discussion—physical and monetary. “Take a look and see if there is a physical benefit for ecosystem restoration. Finding a potential benefit and attaching a potential monetary benefit could be helpful,” he said.

The project was also short on points for recreation opportunities on what would be a new lake behind the 600-foot high dam east of Fresno, behind Friant Dam. Commissioner Joseph Byrne said he hoped for more thought given to the recreation cost benefit. “Intuitively, zero benefit does not make sense. We need a higher level of confidence in the estimated recreation cost-benefit,” he said.

CWC staff stipulated that while the newly created lake behind Temperance Flat Dam would accommodate boating activity, the lack of camping, hiking, and other activities within the existing San Joaquin River Gorge neutralized any recreation benefits.

If built, the Temperance Flat Reservoir would contain 1.26 million acre-feet of new water storage above Millerton Lake, northeast of Fresno. Temperance would have helped provide a more reliable supply of fresh drinking water for disadvantaged Valley communities. It would have enabled below-surface groundwater recharge, addressed extreme land subsidence and provided critical help to farmers facing severe groundwater restrictions due to the Sustainable Groundwater Management Act (SGMA).

Santoyo said the SJVWIA spent more than $2 million on the California Water Commission application, utilizing what he said were the most qualified engineers to develop the technical data required by Commission staff. The U.S. Bureau of Reclamation, which administers California’s Central Valley Project for the U.S. Department of the Interior, has invested more than $38 million in studying the project. Santoyo said those studies supported the finding that the selected Temperance Flat site is the most preferred location for such a crucial project.

2018-05-03T15:42:58-07:00May 3rd, 2018|

Higher Caution Will Be Required when Spraying Near Schools

New Regs on Pesticide Spraying Near Schools Begin Jan. 1

By Brianne Boyett, Associate Editor

Starting Jan. 1, new regulations will prohibit pesticide spraying near schools and licensed child day-care facilities within a quarter mile Monday through Friday between the hours of 6:00 AM and 6:00 PM.

In addition, most dust and powder pesticide applications, such as sulfur, will also be prohibited during this time.

California Ag Today spoke with Milton O’Haire, Ag Commissioner for Stanislaus County, about these new regulations.

“With these new regulations and even with our permit conditions, growers have been restricted as far as spraying around schools,” O’Haire said. “It’s making it harder for growers to actually practice agriculture because their windows for applying crop protection has shrunk even more.”

Milton O’Haire

“Previously, a grower could actually start spraying at 5:00 p.m. if school’s out already, or if the school was on a half-day, an operator could start spraying in the afternoon. These new regulation will prohibit that,” O’Haire said.

“The new regulations are slightly different than what we’ve had in place for a number of years. Since 2010, we’ve had permit conditions on all of our restricted materials permits, which are more acute or toxic materials where there was already a one-quarter mile restriction around schools. And during that time, we really haven’t had any violations or any incidents, so the growers have been following that very well,” O’Haire explained.

The new regulations target all crop protection materials, both restricted or not.

Growers will have to be more diligent about their pesticide applications and continue to monitor the spray operation to prevent drift.

“They have to be on top of the pests so they catch them very quickly, because if you have a pest infestation where before you might have been able to go out and start spraying the next day, you may not be able to do that,” O’Haire said.

“If you’re near a K-12 school, and it’s Monday for instance, now you’re going to have to wait for a window to open or come in at nighttime to actually spray,” he explained. “It is going to affect those growers that have crops near schools, and we have more than 200 growers that are going to be affected in our county.”

Previous drafts of these new regulations required parents to be notified anytime a grower would be spraying pesticides near K-12 schools or licensed daycare centers.

“There was a modification of that. What has changed in the draft regulations: now the grower must notify the school annually with a list of what would be applied during the year,” O’Haire said.

If a material is to be used that was not on the list, then the school must be notified 48 hours before application. The material must be added to the list at the school as well as notifying the Ag Commissioner.

2021-05-12T11:01:57-07:00December 27th, 2017|

Congress Fails on Agricultural Workers

A Failing Congress

 Editor’s Note: This letter was submitted by Manuel Cunha Jr. He is President of the Fresno-based Nisei Farmers League.

Every day, thousands of people wake up before the sun rises, pack their lunches, and drive or carpool their way to work. Some toil underneath the hot sun, while others are inside feverishly packing perishable items to make sure they make their cross country or ocean voyage in time. Six days a week they repeat this routine and how are they rewarded? With the fear that they will not be able to continue this routine.

These are OUR agricultural workers. Who provide us with the safest food that we, our representatives in Washington D.C., and officials in the White House buy at our stores, farmer’s markets, and restaurants.

These workers have children, many born in the U.S., that they must figure out who is going to take them to and from school, practice for sports and other activities, or who is going to care for their child while they’re at work. The same thing that any U.S. citizen parent must figure out.

They pay taxes and Social Security deductions, the latter which they will receive no benefit from.

They are the backbone of an industry where, in California alone, farmers sold almost $50 billion worth of food in 2013. Yet, between 2002 and 2014, the number of field and crop workers in the state declined by about 85,000, leading to a drop in the number of entry-level workers available for difficult jobs like hoeing, harvesting, and planting. While technology is often touted as a cure for every economic ailment, when it comes to delivering California’s crops to the nation’s kitchen tables, there is no app for that. Instead, we need skilled farmworkers, along with smart land and water use, to maintain our agriculture rich history.

On October 2, 2017, Congressman Goodlatte introduced H.R. 4092, it provides a pathway for our undocumented agricultural workers to obtain an agricultural work visa (H-2C visa). It also provides for a system, instead of our broken H-2A program, to bring in more agricultural workers into the U.S. to make up for our shortfall. By October 25, 2017, the bill had been amended to the detriment of our current agricultural workers. There are many flaws with the legislation, especially the deduction of 10% from these worker’s wages which was to be put in a trust account. The purpose of this is to provide “a monetary incentive for H-2C workers to return to their country of origin upon expiration of their visas.” To receive the money that they already earned, they must apply and establish that they have complied with the terms and conditions of the H-2C program. They then have return to their home country to obtain the payment.

Did we not learn anything from the Bracero Program, implemented between 1942 to 1964, that also withheld 10% of the worker’s wages as an incentive to return to Mexico? They never received those wages, and the workers of the proposed legislation may have received the same fate.

The inability by Congress to provide legislation for our undocumented agricultural workers living in the U.S. and a workable guest worker program has led to more members in my industry clamoring for more H-2A workers. This is a betrayal to the hardworking men and women who work for them.

Some have been living and working here for over 25 years, hoping that Congress passes legislation similar to the Immigration Reform and Control Act of 1986 – the last time Congress passed meaningful immigration legislation for our undocumented agricultural workers. Instead of meaningful legislation, some want to give them pink slips. These are skilled, hardworking people that are vital members of our communities and some want to toss them aside. What will become of them, their children, our communities?

Not only has Congress failed to protect our undocumented agricultural workers, but they seek to punish them. Congressman Lamar Smith recently introduced H.R. 3711. The bill would make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, more commonly known as E-Verify. It is a federal program that allows businesses to check a new employee’s immigration status within a matter of seconds. It will replace the current system, where the new employee fills out Form I-9 and present documents that they are eligible to work along with an identity document. The employer must take the documents at face value.

This would decimate our agricultural workforce, along with the hospitality industry, and in California, the building industry. It won’t just effect businesses, but more importantly, it will hurt families. Families that go to our schools and churches.

It is time for Congress and for all the members in my industry to get behind some of the hardest working members in our society and provide them with legal status. These are the people who make America great!

Sincerely,

Manuel Cunha, Jr., President, Nisei Farmers League

1775 N. Fine Avenue, Fresno, CA 93727

559-287-5610 cell

559-251-8468

2017-12-15T15:14:04-08:00December 15th, 2017|

Who Safeguards California Farm Employees’ Rights? – Part 9

Court Allows UFW to Force Representation and Dues on Gerawan Employees

 

By Laurie Greene, Founding Editor

 

The California Supreme Court announced their decision on Nov. 27, 2017 in favor of forced UFW representation on Gerawan employees, thus mandating these workers pay three percent of their wages to the UFW or lose their jobs.

As background, the UFW was elected to represent Gerawan employees in 1990, but never successfully represented them in contract negotiations. Subsequently, the UFW disappeared from this farm operation for nearly two decades, so 99% of current Gerawan employees never voted for union representation; many were born after 1990. In addition, Gerawan employees have reportedly been paid the highest wages in the industry.

Gerawan Employees

Gerawan Farm Workers Protest against UFW at California Supreme Court.

 

Below is the transcript (in English) of the message, which was recorded in Spanish, that all Gerawan employees heard when they called in on Nov. 27, 2017 to hear their work schedules.

Hi, this is Dan Gerawan.

Unfortunately, the California Supreme Court today decided to overturn the lower court that had said you should have the right to choose whether a contract is forced on you. Instead, the California Supreme Court agreed with UFW and ALRB that you should not have the right to choose, even though you have to pay UFW.

Fortunately, today’s decision does not strip your right to decide whether the UFW can represent you. The majority of you asked for the right to make that decision, and the ALRB held a decertification election over four years ago.

Nothing in today’s court decision prevents your ballots from being counted. As you may know, the California Fifth District Court of Appeal is still going to decide whether your votes from the November 2013 election will be counted.

You are entitled to the same dignity and respect that all other workers in our state and country have, which is the right to choose who represents you.

As for today’s decision, we intend to ask the United States Supreme Court to review it.

Thank you for listening.

According to the November 27, 2017 press release posted by David A. Schwarz, legal counsel for Gerawan Farming, “We believe that coerced contracts are constitutionally at odds with free choice. The employees are entitled to the dignity and respect that they earned by giving them what is their right. A secret ballot election allows them to decide for themselves who will speak for them at the bargaining table.”

 


Laurie Greene Wins Journalism Award

Greene Wins Fresno County Farm Bureau Award for Series on Farm Workers’ Rights,  by Patrick Cavanaugh, Editor 


 

2019-12-25T15:59:00-08:00December 7th, 2017|
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