Regulations

Action Needed to Amend SB1

Urge your Representatives to AMEND SB 1

From California Citrus Mutual

This week the Assembly will consider Senate Bill 1 by Senate Pro Tem Toni Atkins.

SB 1 proposes dangerous changes to how the state implements the Endangered Species Act (ESA) and will have devastating impacts on how water is managed in California.

The bill seeks to preserve environmental regulations against perceived rollbacks by the Trump Administration by empowering state agencies to immediately adopt the “baseline” standard in place before January 19, 2017 (the day before President Trump was inaugurated).

As currently written, SB 1 would lock in the existing biological opinions that determine how much water must flow out of the Delta to protect native fish species. This directly influences how much water is available to ALL water users south of the Delta.

The State and Federal agencies are currently in the process of updating the biological opinions, which will result in lower flows and more water for communities and agriculture. But, by locking in the existing biological opinions, SB 1 prohibits State from using the best available science to manage how water moves through the Delta.

Recent amendments do not go far enough to address the ESA provisions.

California Citrus Mutual and many other agricultural and business-sector groups have proposed constructive amendments to address these concerns.  The Pro Tem’s office, however, did not make substantive changes to the bill before it was passed out of the Assembly Appropriations Committee on Friday despite pressure from the Governor’s Office.

The Legislature will adjourn next Friday and it is imperative that SB 1 be amended THIS WEEK.

We are calling on our Assembly Members and Senators to urge the Senate Pro Tem to accept amendments to the ESA section.

Please click on the link below to send a letter to your representatives asking them to support amendments to the ESA section in SB 1.

California Citrus Mutual Action Center

2021-05-12T11:05:02-07:00September 4th, 2019|

SB1 Advances in Sacramento

SB1 Advances to California Assembly

The California Water Alliance announced today California Senate Bill 1, or SB1, by Senator Toni Atkins (D-San Diego), advanced from the California Assembly Appropriations Committee. SB 1 will now be considered on the California Assembly floor before the Legislature adjourns on September 13th.

Assemblyman Frank Bigelow (R-O’Neals), Vice-Chair of the Assembly Appropriations Committee, shared with the California Water Alliance, “I am disappointed that SB1 was released off suspense file with amendments that make it much worse for farming and California as a whole.”

SB1 effectively declares that California would adhere to laws governing clean air, water, endangered species and labor that were in place in January 2017, before the beginning of the Trump Administration.

“SB 1 is bad for farmworkers, farmers, and communities throughout the state of California,” said William Bourdeau, Chairman of the California Water Alliance. “Our environmental laws and regulations should be defined by current, sound science, not petty politics.”

SB1 would freeze the existing federal biological opinions. Future permits would be subject to outdated science and ineffective federal baseline measures, thus permanently, constraining the coordinated operations of the Central Valley Project and the ç.

Action Needed

The California Water Alliance has led effort to demand that the California Legislature “Fix or Nix SB1”: https://californiawateralliance.org/fix-it-or-nix-it/. The California Water Alliance is a non-profit, non-partisan organization that advocates for an increase in water supply for municipal, agricultural and environmental needs: https://californiawateralliance.org/.

2019-08-30T18:16:06-07:00August 30th, 2019|

Preparing for SGMA — The Time is Now

It’s Time to Manage Your Water Assets

By Mikenzi Meyers, Associate Editor

It’s time for growers to start preparing for the implementation of the Sustainable Groundwater Management Act, otherwise known as SGMA, and groundwater consultant Chris Johnson is here to help.

Johnson, owner of Aegis Groundwater Consulting based out of Fresno, stressed the significance of farmers instrumenting their wells.

“It’s good for them to be able to manage them as assets, and then the data is important to defend themselves if they find they are being lumped in through SGMA and not being effectively represented,” he said.

Being misrepresented under SGMA can be a result of an “index well” data measurement. Index wells are a method of measuring water table levels in the area. However, their location might differ from where a farmer’s well is—meaning the data may not be indicative of the water the farmer is actually using.

Some growers might be concerned that metering their well may put them at risk of exceeding a pre-established limit, but according to Johnson, the meters provide enough data to prevent this from happening.

“The flow rate from the well not only tells you how it is behaving, but it also gives you another number to evaluate what the distribution and application systems are doing, so it’s a check that is available for them as well,” he said.

2019-07-11T15:56:37-07:00July 11th, 2019|

Valley Water Management Ordered To Improve Facility

Valley Water Management May Be Putting Groundwater at Risk

News Release

The Central Valley Water Regional Quality Control Board has issued a Cease and Desist Order requiring Valley Water Management Co. (VWMC), an oil field wastewater disposal center, to either bring its McKittrick 1 and 1-3 Facility into compliance with water quality regulations or stop discharging wastewater at the facility.

“Valley Water provides a valuable service to the oil industry in Kern County, but discharges from the McKittrick facility must not put groundwater beneficial uses at risk,” said Patrick Pulupa, Executive Officer of the Central Valley Water Board.  “With this Cease and Desist Order (CDO), the Board has said that if this facility cannot be brought into compliance with current regulations, discharges at the facility must cease.”

In California, water and oil are co-mingled in underground oil-bearing geologic formations, and both oil and water are brought to the surface during production. That water is called “produced water,” which is known to have naturally occurring contaminants like salinity, chloride, and boron that make the water unsuitable for human consumption or to irrigate agricultural crops.

VWMC disposes of poor-quality produced water from the South Belridge, Cymric, and McKittrick oil fields at the Facility. The Facility has 163 acres of unlined disposal ponds where, according to the company’s recent reporting, 2.8 million gallons of produced water are discharged each day.

In issuing the CDO, the Board found that the cumulative effect of disposing produced water at the facility over many decades has created a highly saline wastewater plume that is migrating to the northeast, where it threatens higher-quality groundwater designated as supporting municipal and agricultural uses.

The CDO requires VWMC to complete a full characterization of the nature and extent of wastewater impacts, an important step toward protecting the beneficial uses of groundwater. If VWMC cannot demonstrate that its discharges at the facility are not causing pollution, the CDO requires VWMC to either upgrade the facility or cease discharging produced water.

For more details, visit the Central Valley Water Board’s agenda item.

The Central Valley Water Board is a state agency responsible for the preservation and enhancement of the quality of California’s water resources. For more information, visit the Board’s website, https://www.waterboards.ca.gov/centralvalley.

2019-06-12T17:03:37-07:00June 12th, 2019|

Leafy Green Marketing Agreement Issues New Food Safety Guideline

New, More Stringent Food Safety Practices Adopted to Prevent Outbreaks

By April Ward, LGMA Communications Director

The California Leafy Greens Marketing Agreement Board met April 19 and voted to strengthen mandatory food safety practices required on farms.

This means that every box of leafy greens placed into commerce by a certified LGMA member will soon be produced under new, more stringent requirements that are designed to reduce risk when it comes to water used in growing leafy greens. The updates include specific directives such as no longer allowing the use of untreated surface water for overhead irrigation of leafy greens prior to harvest.

The LGMA program has always required growers to test their water because it can be a carrier of pathogens. But the new requirements now include additional safeguards that ensure farmers categorize the source of the water; consider how and when water is applied to the crop; conduct testing to assure the water is safe for the intended use; sanitize water if necessary; and verify that all of the above precautions have been taken

The new standards approved by the LGMA Board are in direct response to investigations conducted by the U.S. Food and Drug Administration into last year’s e. Coli outbreak involving romaine lettuce. Clues pointed to irrigation water from sources such as canals and reservoirs as a possible cause of the both the November outbreak and the one associated with romaine from Yuma last spring.

Government and the produce industry, in general, looked to the LGMA as the way to improve the safety of leafy greens. The leafy greens industry group, facilitated by Western Growers, has been working with industry members, growers and members of the academic community to fashion new and more stringent requirements for agricultural water use. And, in fact, the actions taken by the LGMA Board have effectively changed the way 99 percent of the leafy greens in California are farmed.

The LGMA will begin immediately to make sure everyone in the leafy greens community understands how to comply with the new requirements. The updated LGMA Food Safety Practices document is available on our website here. Additional information on specific changes to the LGMA food safety practices will be provided in the coming weeks and dates for workshops and webinars for both leafy greens industry members and the buying trade will be scheduled soon.

The LGMA and its members have an obligation to produce safe leafy greens. We are very aware of the tragic impacts a foodborne illness can have on consumers, our customers, and our entire industry. We are all passionately committed to producing the safest leafy greens possible. The LGMA will continue to make changes to as needed to strengthen the food safety requirements for leafy greens.

For more on the new regulations, check out this YouTube video.

2021-05-12T11:01:48-07:00April 25th, 2019|

65% Percent Water Allocation for Westlands with 163 Percent Snow Pack

Statement on Bureau of Reclamation’s April Water Allocation Announcement

News Release from Westlands Water District

Today, the Bureau of Reclamation announced the water allocation for south-of-Delta Central Valley Project agricultural water service contractors is being increased to 65%. In light of current hydrologic and reservoir conditions, this minor increase is astonishing.

Thomas Birmingham, Westlands Water District’s general manager, stated: “This announcement begs the question, what has to happen before south-of-Delta farmers served by the Central Valley Project can get a full supply?”

With San Luis Reservoir full and flood flows coming, the 65 % allocation was more than disappointment.

Since October 1, the beginning of the current water year, California has been blessed with abundant precipitation; the 2018-19 water year is now classified as wet. As of April 8, the snow water content in the northern and central Sierra Nevada was 160% and 163% of the long-term average, respectively. Storage in every CVP reservoir used to supply south-of-Delta CVP agricultural water service contractors was more than 100% of average for that date. Indeed, these reservoirs were and remain in flood control operations.

Birmingham added, “I know that Reclamation staff understands the consequences of the decisions they make. Reclamation staff understands reduced allocations in a year like this needlessly increases overdraft in already overdrafted groundwater basins. Reclamation staff understands delayed allocation announcements make it nearly impossible for farmers to effectively plan their operations. If Reclamation’s leadership could, they would make a 100% allocation. But Reclamation’s hands are tied by restrictions imposed by biological opinions issued under the Endangered Species Act. These restrictions have crippled the CVP and have provided no demonstrative protection for listed fish species, all of which have continued to decline despite the draconian effect the biological opinions have had on water supply for people.”

Birmingham concluded, “Notwithstanding the restrictions imposed by the biological opinions, Westlands firmly believes that there is sufficient water to allocate to south-of-Delta agricultural water services contractors 100%. Today’s announcement by Reclamation is disappointing for every south-of Delta farmer served by the CVP, and we hope Reclamation will increase the allocation quickly to enable farmers to quit pumping groundwater.”

After 2019, no one will be able to argue that water supply reductions for south-of-Delta CVP agricultural water service contractors are a result of hydrologic conditions. This year demonstrates only too well the crippling consequences of ineffective and unchecked regulations. Because of restrictions imposed on operations of the CVP under the guise of protecting fish, the CVP cannot be operated to satisfy one of the primary purposes for which it was built, supplying water to farmers.

2019-04-18T16:42:08-07:00April 18th, 2019|

Roger Isom: Probable Electric Rate Hikes Raise Concern for Ag

California Agriculture Concerned Over PG&E Increases, Overtime Rules

By Mikenzi Meyers, Associate Editor

Water, labor, and air quality issues in California keep growers’ plates full of challenges, but with probable PG&E rate increases in the future, it seems they can’t catch a break. Roger Isom, President and CEO of the Western Agriculture Processors Association and California Cotton Ginners and Growers Association, is among those wondering how the industry is going to compete.

“We’ve been paying for a lot of those safety upgrades. What happened? I mean, we’ve got to let the investigation take place, but to saddle rate payers with that amount of money, we just can’t do it,” Isom said of the threat of rate increases.

Roger Isom, president and CEO, Western Processors Association

Roger Isom, president and CEO, Western Processors Association (source: LinkedIn)

At the same time, the industry is still battling the effects of the Brown administration’s ruling on overtime.

“There are farm workers in 45 states that could work 20 hours a day, seven days a week, and never trigger overtime. We have to compete with that, and that’s just unacceptable,” Isom said.

Isom is optimistic about new appointments in California administration, though.

“You’ve got Jared Blumenfeld, who’s the new CalEPA Secretary. He was actually extremely helpful over there when we were working on incentives for replacing pumps and tractors,” Isom explained.

Isom also gave credits to Wade Crowfoot, who was on the previous administration and helped with port shutdowns.

“He’s going to hit up resources, which obviously with the water situation is a very critical agency for us. Seeing somebody over there that could be helpful is important,” he said.

2019-02-28T15:59:04-08:00February 28th, 2019|

William Bourdeau Speaks Out About SGMA

William Bourdeau: Surface Water Must Be Tied to SGMA

By Patrick Cavanaugh, Editor

William Bourdeau is Vice President of Harris Farms, a Director of Westlands Water District, and Chairman of the Board of the California Water Alliance. Bourdeau recently talked to California Ag Today about the Sustainable Groundwater Management Act (SGMA), which will force growers in 2040 to keep the water levels in their wells in balance and not allow over-drafting.

William Bourdeau

“It’s mostly about living and growing up in the community and hearing about what the people did when I was still young,” Bourdeau said. “I understand that we were over-drafting the aquifer in the early days of agriculture on the west side of the valley and some very innovative, pioneering individuals figured out how to solve the problem. They built the Central Valley Project and delivered surface water. And if you look at the statistics, the problem was nearly solved. It’s only started to become a problem when the surface water deliveries have been cut off as a result of the biological opinions.”

“I can’t understand why that we can’t solve this problem. And I do think surface deliveries need to be tied into SGMA,” he said.

Bourdeau said he believes that the problem can be solved and not be detrimental to the environment.

“But any solution must consider humans and our needs … surface deliveries need to be incorporated into the plan,” Bourdeau added. “We need to use sound science, and it needs to be peer-reviewed.

“We need to make sure that we’re doing everything we can to preserve a domestic food supply capability. I think it’s in our national interest. … It’s a national security issue,” he said.

Bourdeau believes that we need to get away from looking at these very narrow issues and look at the big picture.

“We must find a way to do what’s best, and not all the decisions are going to be desirable, but I do think we can. We can make decisions that solve the problem and don’t take this wonderful resource out of production.

As a director for Westlands Water District, Bourdeau said no stones will be unturned for compliance to SGMA.

“We’re doing everything we can to try to make sure that we manage this situation to the best of our ability and our growers are represented in a way that they will succeed in the long term,” he said.

2019-01-22T16:43:33-08:00January 22nd, 2019|

Gerawan Statement on the Results of the November 5, 2013 Decertification Election

The following statement was issued on September 18, 2018, by Gerawan Farming Inc. regarding TODAY’S Decertification Election Ballot Count

Fresno, CA — Our employees have been waiting since November 2013 for their votes to be counted. After a historic struggle, they achieved that right today, in spite of the efforts by the UFW and the millions of taxpayer dollars spent by the Agricultural Labor Relations Board to deny them that right.

The final vote count was 1,098 “No Union,” and 197 for the UFW.  The employees overwhelmingly rejected the UFW as their bargaining representative – by a 5 to 1 margin – in spite of the ALRB’s last-minute, election day refusal to count approximately 640 ballots challenged by the UFW.

A secret ballot election is intended to embody and reflect the workers’ fundamental right to choose their representation. That right is at the heart of what the Agricultural Labor Relations Act is designed to protect and promote. Today’s vote tally leaves no doubt what our employees want.  It is a ringing endorsement of their right to choose, and a repudiation of concerted, unlawful, and anti-democratic efforts to deny them that right.

We call on the UFW and the ALRB to respect the choices of farmworkers, to certify the results of the election, and to decertify the UFW.  We call on the Legislature and the Governor to take immediate steps to ensure that the ALRB’s violation of the basic human rights of farmworkers never occurs again in California.

CONTACT: David Schwarz

(310) 277-1010

DSchwarz@irell.com

Featured Photo:  Silvia Lopez, Gerawan Farm Employee, listens to the Sept. 18, 2018 Ballot Count of Nov. 2013 Decertification Election.

2018-09-18T17:24:54-07:00September 18th, 2018|

Calmer Minds Must Prevail for Trade Talks

California Growers in a World Market

By Patrick Cavanaugh, Editor

Paul Wenger, a Stanislaus County almond and walnut grower told California Ag Today recently  that California growers have often suffered with tariffs. “The proposed trade agreements such as TTIP and TPP along with NAFTA would have helped solve tariff problems,” he said. “But TTIP and TPP are gone.”

“The Trump administration may try to negotiate a bilateral agreement with other countries, and he seems to be working on NAFTA with Mexico,” noted Wenger, who is also the past president of the California Farm Bureau Federation.

At the end of the day, Wenger hopes that calmer minds will persevere and we’ll see these trade negotiations get done and we’ll move forward.

“Because we are in a world market,” Wenger explained. “As much as President Trump puts tariffs on steel and aluminum … saying that we’re going to bring back our rust belt, well, we’re not, because it’s not the market that has killed the steel industry, it has been the regulations. Our steel industry can’t produce at a level that people are willing to pay.”

There are a lot of crops that can only be grown in a Mediterranean climate. There are only five Mediterranean climates in the world; California is one of them and the largest producer of specialty crops.

The central part of Chile can produce a lot of the crops that we have today. But other than that, it’s the south tip of Australia and South Africa and the Mediterranean region itself.

“When you really think about who can produce, as long as we have the water, not only do we have to worry about marketing our product, we have to also fight for our water so we can produce those crops. And long-term, people are going to find a path to California for the crops that we grow here,” Wenger said.

2018-09-11T15:59:43-07:00September 11th, 2018|
Go to Top