Who Safeguards CA Farm Workers’ Rights? Part 4 – Motion to Disqualify ALRB Member Hall

ALRB Rejects Gerawan’s Motion to Disqualify Isadore Hall III

By Laurie Greene, Founding Editor

Our ongoing coverage of developments among United Farm Workers (UFW), Agricultural Labor Relations Board (ALRB), Gerawan Farming, Inc. and California farm workers chronicles the continuing, increasingly complex quagmire that masquerades as protecting California farm workers’ rights.

In short, after a series of legal volleys between Gerawan Farming and ALRB this past spring, the ALRB, again, refused to disqualify ALRB Member Isadore Hall III, former state senator (35th District, D-Compton), from participating in specific Gerawan legal cases on the basis of alleged pro-UFW bias.

In legal terms, ALRB issued an administrative order on June 9, 2017, denying Gerawan Farming, Inc.’s May 23, 2017 motion for reconsideration of request to disqualify Isadore Hall III from participating in specific case deliberations and decisions regarding Gerawan Farming, Inc.  Likewise, ALRB also denied Gerawan’s request for a stay of the proceedings pending resolution of Mr. Hall’s participation.

BACKGROUND

Condensed Early History

The UFW was certified as the bargaining representative for Gerawan’s agricultural employees in July 1992, after a 1990 election. After one preliminary negotiating session in February 1995, the UFW disappeared for almost two decades, having never collected dues, negotiated for a wage increase, attempted to bargain for a contract or filed a single grievance on behalf of Gerawan employees during their abandonment, according to an April 17, 2017, Gerawan news release.

In 2013, the UFW  invoked a controversial 2002 Mandatory Mediation and Conciliation (MMC) law that allows the ALRB to draft and impose a “contract” on the employer and employees against their will. UFW also proposed that Gerawan employees pay 3% of their wages to the UFW or be fired. Fewer than 1% of the current Gerawan workforce voted in the 1990 election, and many current employees were not even born when that election took place.

California Gerawan farm workers harvesting tree fruit
California farm workers harvesting tree fruit

The majority of employees twice asked ALRB for an election to decertify the UFW. At the ALRB’s request, the Fresno Superior Court intervened and supervised the decertification petition processthe first time in ALRB history that a court oversaw an ALRB election.

On November 5, 2013, thousands of Gerawan workers cast secret ballots to decide whether to decertify the UFW. The ALRB impounded the ballots, which remain uncounted to this date in an undisclosed (possibly insecure) location.

Current History – 2017

Appointment of Isadore Hall III to ALRB

In his January 13, 2017, letter of resignation to Governor Brown as ALRB Chairman, William B. Gould IV stated that the Agricultural Labor Relations Act [ALRA or “Act”] “is now irrelevant to farm workers, in particular, because, for the most part, they are not aware of the provisions, procedures, and rights contained in the law.”

“I have pointed out [in several speeches] that only one representation petition has been filed during the 34 months of my Chairmanship,” Gould continued. “More than 99% of the agricultural workforce appears to be unrepresented and the instances of unfair labor practice charges and invocation of the Mandatory Mediation and Conciliation Act (MMC) are few and far between.”

William Gould, IV, former ALRB chair
William Gould, IV, former ALRB chair

“Regrettably, though the Board adopted the proposed rule 14 months ago for worker education about the Act’s features, the rule has languished in the bowels of state bureaucracy for the past 14 months. My view is that this long delay is substantially attributable to the fact that the ALRB, unlike the NLRB, is not a standalone, independent administrative agency.”

Also on January 13, 2017, Governor Brown designated Genevieve Shiroma as Chair of the ALRB, where she had served as a member since 1999, an appointment that did not require Senate confirmation. Likewise, Governor Brown appointed Isadore Hall III, and the California Senate confirmed his appointment, despite Hall’s public history of pro-UFW activity and endorsements and allegations that he threatened farmers who opposed his nomination.

Agricultural Community Responds to Hall’s Appointment

In Farmers Deserve a Balanced Ag Labor Board,”a letter published in the Sacramento Bee on February 23, 2017 by George Radanovich, (president of the California Fresh Fruit Association), Joel Nelsen (president of California Citrus Mutual) and Tom Nassif (president of Western Growers Association), the authors explained, “The purpose of the Agricultural Labor Relations Act (ALRA) was to bring about a sense of justice and fair play during a tumultuous time in the farm fields of California in 1975.”

“When the ALRB was formed in 1975,” the authors stated, “it was with the understanding that membership would consist of two members representing labor, two representing agriculture, and one public or neutral member. Instead, the board has become one of the most contentious, lopsided administrative boards ever assembled by the state of California. The recent resignation of Chairman William Gould IV and his prompt replacement by former state Sen. Isadore Hall, D- Compton, only further illustrate this imbalance.”

Tree fruit farm worker in California.
Tree fruit farm worker in California.

In place of conducting outreach to all affected stakeholders, including agriculture, “in a matter of 48 hours, Gov. Jerry Brown appointed a termed-out state senator and failed congressional candidate who has no labor law background whatsoever but with strong ties to the UFW.”

Hall’s UFW ties were listed as “financial support by the UFW, personal ties with UFW President Arturo Rodriguez and raising the union banner while marching with the UFW. While a state senator, Hall was the principal co-author of two UFW-sponsored bills and voted in favor of two other bills that would make it easier to force ALRB-written contracts on farmers and workers. These close ties should disqualify him from the position where he will judge UFW issues almost daily.”

“There is no denying that the ALRB’S recent decision to prevent the disclosure of the November 2013 election results, from the high-profile decertification fiasco of Gerawan Farming of Fresno was to cover up the fact that most farm workers don’t want to unionize.”

“Today, California farm workers are protected by the strictest labor laws in the nation, and they decline to unionize because they value a good employer over a union. Brown should recognize this and rewrite the ALRA to guarantee employer representation on the board. California farmers deserve better than a lopsided Agricultural Labor Relations Board.”

ALRB Decides Gerawan Negotiated “in Bad Faith”

On April 14, 2017, ALRB Administrative Law Judge (ALJ) William Schmidt issued an interim decision finding that Gerawan committed an unfair labor practice by refusing to negotiate “in good faith” with the UFW. Essentially Judge Schmidt contended, “Gerawan engaged in collective bargaining negotiations with the UFW with no intention of reaching an agreement covering the wages, hours, and other terms and conditions of employment for the employees in the collective bargaining unit.”

According to David Schwarz, counsel for Gerawan Farming, “This decision was riddled with legal and factual errors. The most glaring of these errors was the fact that ALJ Schmidt found that Gerawan failed to negotiate when it had already been ordered to [follow] a process [MMC] where traditional give-and-take negotiation had been replaced by government-imposed forced contracting.”

According to an April 17, 2017 Gerawan newss release, “The so-called MMC procedures are neither consensual nor voluntary. It is forced contracting. The ALRB tells the employer what wages to pay, what employees to hire, or fire, or promote, and what portion of the employees’ salary will be turned over to the union. The employer may not opt out and the employees are not given the choice to ratify or reject the so-called contract that will be forced on them, even if there are provisions detrimental to them.”

“There is a fundamental – and constitutional – difference between consensual bargaining and state-compelled contracting,” said Dan Gerawan, president and CEO of Gerawan Farming. “The ALJ obliterates this distinction.”

Gerawan added that MMC does not facilitate negotiations. Rather, it is an imposed agreement by force of law and Gerawan was compelled to abide by it.

Schwarz explained, “Per the ALRB’s own regulations, MMC kicks in only after the Board has certified that further negotiation between the parties would be futile.”

At that point, according to Schwarz, a government-appointed arbitrator steps in, hears evidence from each party, drafts a CBA (or collective bargaining agreement), which the Board approves and imposes on the parties by force of law. Since there is no place for negotiation in this process, Schwarz contends there is no logical or legal basis for ALJ Schmidt to conclude that Gerawan’s conduct during MMC could justify his finding that Gerawan failed to negotiate in good faith with the UFW.

Gerawan Files Motion to Disqualify Member Hall from participating in “Bad Faith” Negotiating Case
Isadore Hall III UFW flag ALRB
Isadore Hall III with UFW flag prior to his appointment to the ALRB.

On April 28, 2017, Gerawan Farming, Inc. filed a Motion to Disqualify Board Member Isadore Hall from participating in the deliberations in the case above based on documented “sweeping prejudicial” statements Member Hall made against Gerawan.

“Our DQ motion was very compelling,” Dan Gerawan said. “Hall marched specifically against us and our employees and received an endorsement from UFW in return. It’s ridiculous that he was assigned to a job where 90% of his work will be to adjudicate UFW-related issues, and half of his work will be Gerawan-related.”

ALRB Rejects Gerawan’s Motions to Disqualify ALRB Member Hall and to Request a Stay from Participating in “Bad Faith” Negotiating Case

On May 18, 2017, the ALRB rejected Gerawan’s motions to disqualify ALRB member Isadore Hall and to request a stay in order to resolve the motion to disqualify.

“Hall’s disqualification would leave the ALRB without a current valid quorum of three members to hear the case,” Schwarz said, “thus lacking the statutory power to act. The Governor can resolve this issue by simply doing what the ALRA requires him to do –  appoint two additional ALRB members, thus bringing the Board to its statutorily-requisite composition, which is five members.”

Gerawan Files Motion for Reconsideration of the Board’s Order Denying Motion to Disqualify Member Hall

On May 23, 2017, Gerawan filed a Motion for Reconsideration of the Board’s Order Denying Motion to Disqualify Member Hall, repeating its request for a stay of the proceedings pending resolution of the motion.

“Gerawan filed this motion for reconsideration both to correct serious legal errors in the Board’s initial decision,” Schwarz said, “and to bring to light new evidence regarding the identity of an individual who participated in a conversation with Mr. Hall in which Mr. Hall stated that he was going to ‘get’ Gerawan once he was a member of the Board. This individual, Mr. Shaun Ramirez, provided a declaration in support of Gerawan’s first motion to disqualify Member Hall. However, Mr. Ramirez and his employer, concerned that the Board (or Mr. Hall) might retaliate against them for speaking out, initially asked that Mr. Ramirez’s identity remain confidential.”

“The Board initially refused to consider Mr. Ramirez’s declaration – precisely because he asked that Gerawan not reveal his name for fear of retaliation. After the Board denied Gerawan’s motion to disqualify Mr. Hall, Mr. Ramirez allowed Gerawan to file an unredacted version of his declaration with this motion for reconsideration. This declaration set out in great detail Mr. Ramirez’s interactions with Mr. Hall and Mr. Hall’s statement, in reference to Gerawan, ‘I am going to get their ass.’”

ALRB Denies Gerawan’s Motion For Reconsideration to Disqualify Board Member Hall from Deliberations in this Case

On June 9, 2017, ALRB denied both Gerawan’s motion for reconsideration to disqualify Board Member Hall from deliberations in the case and Gerawan’s request for reconsideration of an immediate stay of the proceedings.

“As discussed,” Schwarz said, “Gerawan filed a motion for reconsideration with an unredacted version of Mr. Ramirez’s declaration. The Board again refused to consider Mr. Ramirez’s detailed account of his conversation with Member Hall. The Board took the position that it was under no requirement to consider such evidence in a motion for reconsideration, as the declaration was not ‘newly discovered’ or ‘previously unavailable.’ The Board discounted Mr. Ramirez’s reasons for desiring anonymity, and disregarded the merits of his sworn statement, without explaining why the revelation of his identity did not require it to reconsider the basis [the anonymity of the declarant] for disregarding it in the first place.”

“Of equal significance is that Mr. Hall participated in deciding his own disqualification motion,”  Schwarz added. “This violates a basic rule of due process and long-standing Board precedent that a member accused of bias cannot decide his own disqualification motion. Instead, Member Hall offered his own statement that he was not biased against Gerawan, albeit without denying or affirming the truth of Mr. Ramirez’s declaration.”

“Unlike Mr. Ramirez,” said Schwarz, “Member Hall’s ‘concurring’ opinion was not under oath.”

In the official ALRB Decision, Hall wrote, “I reject the claims of bias leveled against me by Gerawan and decline to recuse myself from participation in the deliberations in this case.”

Next Steps

In reaction to the Board’s refusal to disqualify Member Hall, Schwarz said, 
“Gerawan will appeal the Board’s decision. We are confident that this unprecedented and unconstitutional decision will not stand.”


Featured photo:  Isadore Hall III marching with UFW prior to ALRB appointment.

Resources

Farmers Deserve a Balanced Ag Labor Board,” by George Radanovich, Joel Nelsen, and Tom Nassif, Sacramento Bee, February 23, 2017.

Mandatory Mediation and Conciliation


 

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First the Feds, Now The State Plans More Water Diversions From Farms

More Planned Water Diversions From Farms to Fish-Not Just by Federal, but Also State Officials

By Patrick Cavanaugh, Farm News Director

 

California’s State Water Resources Control Board (SWRCB), regulators and environmental organizations want more water diversions to flow into the San Francisco Bay Delta Watershed to help save the declining Delta Smelt and Salmon. They have targeted three tributaries of the lower San Joaquin River; one of which is the Tuolumne River. Phase 1 of the Bay-Delta Plan is a real threat to all Modesto Irrigation District (MID) and Turlock Irrigation District (TID) customers including ag, urban water, and electric.

Coalitions for a Sustainable Delta, water diversionsMichael Boccadoro a spokesperson for the Coalition for a Sustainable Delta, commented on the SWRCB: “They need to be pushed back. They need to be told no.” Boccadoro explained the water in question represents about 400,000 acre-feet taken from communities, businesses and farms. Ironically 400,000 acre-feet is roughly equivalent to the capacity of Hetch-Hetchy Reservoir (360,400 acre-feet) that funnels water, unabated, to San Francisco.

“This is only Phase One of the Boards’ decision,” said Boccadoro. “This is going to eventually encompass the Sacramento River; this is just the beginning. This isn’t by any stretch of the imagination the only potential impact agriculture would feel,” he said.

Boccadoro, like other people in the industry, cannot fathom why the SWRCB needs to take this water when it doesn’t seem to be doing anything beneficial for the endangered fish species. “This issue of continuing to take water that is providing no benefit—or no clear benefit—for fish, while we do nothing [to mitigate] the other stressors that are having a huge impact on the fish, has to stop,” Boccadoro said.

Boccadoro noted, “It looks like Governor Brown has it in for farmers. We have problems with groundwater and increasing water scarcity in the state, and the result of this [plan] would be increased groundwater pumping—until they tell us we can’t pump groundwater. At that point, they are basically telling us, ‘You can’t farm any more.'”

“It’s a huge problem, said Boccadoro. “For whatever reason, it appears that the Brown administration has declared war on California agriculture. Enough is enough. We need to push back hard against the Water Board’s decisions,” noted Boccadoro.

“This is as good a place to fight as any as I can think of,” Boccadoro explained. “We need to start the fight and continue the fight, which is the only way it’s ever going to be turned back. The regulators and environmental groups must address the other stressors [to the endangered species]. Taking water from agriculture has not corrected the problem.

In the meantime Boccadoro hopes the farmers are taking notice. “I sure hope they’re willing to come up here [to Sacramento] and demand that the state not take their water,” he said.

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Ag Leaders Discuss AB 1066 Consequences

Ag Leaders on AB 1066 Consequences

By Patrick Cavanaugh, Farm News Director and Brian German, Associate Broadcaster

California ag leaders hoped that Governor Brown would see how the AB 1066 overtime bill would actually hurt farmworkers and veto it. Now that the Governor has signed it, the following ag leaders weigh in on AB 1066 consequences: Norm Groot, executive director of the Monterey County Farm Bureau; Bryan Van Groningen, field manager for Van Groningen & Sons Farms; and Anthony Raimondo, a Fresno-based attorney who has been representing farmers and farm labor contractors for over 15 years, among them.

Norm Groot

Norm Groot anticipated, “The end result of AB 1066 is a big move to mechanized harvesting, which probably means a change in some of the crops that we’re growing here simply because currently we can’t harvest lettuce or strawberries or some of the other vegetable crops by mechanized means. Lawmakers are forcing the hand of the growers to move into crops that are less labor intensive and thus, save the [labor] cost,” said Groot.

Groot noted the inaccurate AB 1066 assumption—that an increase in overtime hours and pay will result from its passage. “We will probably see their hours cut back to the eight hours a day and forty hours per week,” he explained, as stipulated in the law. “Growers will adjust their planning schedules to the amount of laborers that they think they have available for harvest. It’s not an automatic given that we’re going to see all these paychecks increase, simply because we’re putting overtime at more than eight hours a day or after forty hours a week,” Groot said.

Groot added that farmworkers are not in favor of losing 33% of their income at this point. “I think overall, the unions have been supportive of this particular change, but the unions do not represent the majority of the laborers or field workers at this point,” he said.

“I think if you were to ask the average field worker whether he wants to work ten hours a day and sixty hours a week, he would probably say yes. Field workers want that income. They know they work in a seasonal business; they have to earn their income when they can,” he explained.

Bryan Van Groningen

Bryan Van Groningen
Bryan Van Groningen

“Our farmworkers, our employees, love to put in the extra hours because this is the time that they’re making wages. Our company is accustomed to paying overtime if that’s what it requires,” said Van Groningen, “and the majority of our workers are already satisfied with the existing compensation structure.”

But Van Groningen noted the problem lies in what is considered overtime. With a shorter workday, overtime compensation rates will kick in much earlier than in the past, which will end up being a tremendous cost to the employer. “That’s going to cause our farm to mechanize a little bit more to try to get through the harvest more bit quickly because [the cost] is going to become too big of a burden,” he said.

Growers want to help their employees as best they can, but Van Groningen predicts reduced hours may become a necessity. “It’s just smart business. We don’t want to cut hours, but if we’re forced to because our bottom line is starting to become an issue, that’s what we’ll have to seriously consider,” he said.

Anthony Raimondo
Anthony Raimondo

Anthony Raimondo

Anthony Raimondo foresaw the effects of AB 1066 could put California at a disadvantage in the global marketplace. “At the very least,” Raimondo said, “employers will be forced to evaluate where they can cut production costs.”

“The increased overtime in some industries is going to drive automation,” said Raimondo. “So you are going to lose jobs because now it’s worth it for people to do the research and development to have more automation, more machine-harvested crops and less labor.”

Raimondo also expects some employers to add more H-2A temporary agricultural guest workers to make sure hours stay low enough to prevent their costs from increasing. “In the end, this is really going to cost farmworkers in terms of their real wages and it creates a massive economic disadvantage for California’s agricultural industry,” he said.

Policies like AB 1066 become increasingly problematic as the global agricultural industry continues to become more competitive. “Increasingly, agriculture has become a global marketplace in which we compete against countries that do not maintain the same labor standards nor the same environmental standards that we maintain, so our agricultural industry continues to remain at an economic disadvantage with the rest of the world,” noted Raimondo.


Featured photo: Norm Groot, Monterey County Farm Bureau executive director

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LA Included in Water Priorities Act

CaWater4All-Proposed Water Priorities Act Includes Los Angeles

By Patrick Cavanaugh, Deputy Editor

The Water Priorities Constitutional Amendment and Bond Act is good for all of California—people, farms and the environment. Should the required 565,880 petition signatures necessary for inclusion on the November 2016 ballot be collected by the April 26, 2016 deadline, and should the Water Priorities Act receive a majority of affirmative votes in November, it will provide big benefits to cities such as Los Angeles.

“The availability of regional water projects is massive for our urban centers,” stated Aubrey Bettencourt, executive director of the California Water Alliance, the ballot initiative’s sponsor. “The ability for urban centers to create water in their own regions and become less dependent on other parts of the water system, actually helps the other regions in the system as well.”
CaliforniaWater4All

The proposed water priorities act creates flexibility all around. Bettencourt explained, “Consider that the Los Angeles (LA) River loses as much water in an average storm event as the water supply for 180,000 homes annually—in one storm! In an average normal water year, Los Angeles loses the equivalent of the Shasta Reservoir in stormwater runoff, and they are under state and federal mandates to capture that water, recycle it and put it back in their water supply. This helps clean up their beaches and ocean water, which would otherwise end up with a lot of pollution through runoff,” she said.

“This ballot measure would increase their regional water supply by capturing and injecting stormwater runoff back into their groundwater supply. That would providing flexibility and reliability to the water supply for Southern California, but also affordability, which is such a key part of this effort,” Bettencourt noted.

“And Governor Brown just extended the drought cut mandates through the end of October of this year, and a lot of communities are conserving and conserving,” she said.”They are conserving so much that they using less; and, now they have to pay more because they are using less. So they are using less water, paying more for it, and still being punished. And that should not have to happen if we have a system big enough to supply all of our diverse water needs: agricultural, urban and environmental.”

Bettencourt noted, “The system hasn’t been updated since the late ’60’s-early ’70’s, in terms of some of our large-scale infrastructure. And you have to remember, our population was half the size it is today, and we didn’t have the same type of demand on that system that we do today,” she emphasized.

“Currently, we allocate 50% of our surface water to environmental protection. That is not wrong; but what is wrong is that we didn’t expand the system enough to take care of that allocation and our people. That is what this water ballot initiative is aiming to provide:  to increase our infrastructure to meet the demands of the 21st century,” said Bettencourt.

_____________________________

Links:

California Water Alliance Initiative Fund

California Water Alliance

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Water Rally Calls for Action

Water Rally Calls for Action, More Voices

By Brian German, Associate Broadcaster

At the recent “Take Back our Water Rally” in Mendota, hundreds gathered to call on Governor Brown to recognize the impact of not just the drought, but the bureaucratic decisions that have had devastating consequences for California farmers. Leadership at the water rally called for action and more voices in the plea for change.

Aubrey Bettencourt, executive director of California Water Alliance, shared some points she made a the rally, “My challenge to this audience was to understand there is a void of leadership. We have a governor who says he is handling this, and he is not. We have no recovery plan for how to get out of this drought. How do we get out of the crisis?  There has been no pathway to recovery, neither from the federal government, nor the state government.” Finally, last month, a group of 47 legislators, both Republican and Democratic, called for a special legislative session.

Bettencourt pointed out the Ag industry is not alone in having been adversely affected by the water constraints. “We all need to communicate to our elected officials,” she said, “that we need a path to relief. My challenge to the audience was to help them realize that because the drought is now statewide and regulatory constraints have drastically cut the regular water supply, we are all—ag and urban communities—even the environmental conservation community—feeling the effects. While we’ve been in this situation for years, and years, and years, we need to expand our base and build our army.”

Many attendees are concerned about the use of the Endangered Species Act to cut water supplies that Central Valley farmers depend on in order to increase populations of a fish that can just as easily be grown by the thousands in hatcheries.

Calling to educate those outside of agriculture to advocate for change in water policies, Bettencourt remarked, “Help those who are unfamiliar with the importance of supply, or more importantly, the lack of supply, to understand why they are frustrated, what is really going on, and how California’s water supply really works. Let’s activate them to being an additional voice to ours; encouraging many voices from diverse locations saying the same thing is the only way the agricultural community, and all stakeholders in California, will ever be heard,” she said.

While forecasters are still optimistic El Niño will deliver heavy rainfall, Bettencourt says California’s water issues will continue unless there is a change in the legislature. She emphasized it would take a big push from more than just the agricultural sector to demand the change that is needed. “It is a numbers game,” she explained. “When you look at the population in California, the bulk of the voters are in the Bay Area, along the Coast and in Southern California. If you add up the registered voters of all the agricultural counties in California, the total is not enough to offset even one of those three heavily populated areas. So the sole hope we have to maximize the only two opportunities for input we can control—our voice and our vote—is to get new voices and new votes,” Bettencourt said.

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We are being lied to!

Assembly Member Patterson Accuses NRDC and Governor’s Office of Bias

By Laurie Greene, Editor

 

We are being lied to,” declared Jim Patterson, who represents the 23rd Assembly District in the California State Assembly since 2012, at his recent drought forum in Clovis.

“I have come to the conclusion there is a power structure led by the Natural Resources Defense Council (NRDC), the governor’s office and in the bureaucracies,” Patterson explained. “They are not telling us the truth. They do not abide by their own agreements, and they have a bias against the very water technology and the water systems that have made California a ‘Golden State’. They are biased against dams, reservoirs and conveyance, and every time I turn around, I find another example.”

Jim Patterson, California Assembly Member
Jim Patterson, California State Assembly Member

“We need to have regulatory relief from the State of California in order to build Temperance Flat (a proposed dam project on the San Joaquin River) and its conveyance systems and to build the improvements at Shasta Dam and Reservoir and at Sites Reservoir,” said Patterson.

“And yet,” he continued, “I know for a fact that we are not going to get that regulatory relief. Nevertheless, the governor and this legislature have given that very same regulatory relief to the Kings’ Basketball Stadium in Sacramento (Golden 1 Center) and to two big NFL football stadiums in the state.”

To build water saving and conveyance systems, Patterson expects to face a gauntlet of litigation from the NRDC. “Though we have tried over and over again, unsuccessfully, to get the California Environmental Quality Act (CEQA) reformed,” he stated, “the Democrats will do it for basketball and football, but they won’t do it for water. That demonstrates to me they are absolutely disingenuous.”Map_of_proposed_Temperance_Flat_Dam_and_reservoir

“Secondly, we were promised money in this budget for the Central California InterConnect,” Patterson said. “Putting an interconnect between the federal Central Valley Project (CVP), best illustrated by the Kings River and San Joaquin River Watersheds in the Central Valley, and the state’s California State Water Project (SWP), exemplified by the San Luis Reservoir system, is critically important. We need to connect those projects so we have water conveyance alternatives to improve water reliability and to save us from the kinds of hard decisions that we’ve had to reach now—to starve a portion of the Valley. Because we can’t get water between the two systems, the situation is real and dire.”

“The governor promised those of us who negotiated the bond the budget would include appropriations for the InterConnect,” Patterson reported. There is no such thing. It doesn’t exist, and it didn’t show up in this budget. The governor didn’t come through on his promises.”

“I have tried repeatedly to talk with the water bureaucracies—appointees of the governor—and ask how I could help them understand the importance of giving us back the water,” Patterson commented. “For example, the water behind Shasta Dam right now has been paid for and banked by our farmers. I’ve asked repeatedly, ‘Why can’t we get the InterConnect funded? You promised us that you would do that.’ I’ve asked, ‘What is it going to take for you to understand the importance of storage in the San Joaquin River Watershed?’ It’s like talking to a wall; I get no answer.”

“So, I have had to come to the conclusion that we’re being misled, and it’s on purpose,” he said. “I just don’t believe this governor anymore. That’s a sad conclusion to have to come to, but I think we are seeing a ‘behind-the-scenes hand of power’ called the NRDC, that runs the governor’s office and the state legislature.

When asked what concerned citizens can do, Patterson answered, “Today we heard a lot of passion. I think we need to turn that passion into significant efforts, politically and organizationally. We have to make a real nuisance of ourselves to the governor and to the legislature until they pay attention to us. I have learned in public life, as mayor and now in the legislature, that those people who stand up and are persistent and persuasive get heard. We have got to continue to step up in ever-increasing numbers and be heard.”

Sign of drought Westlands Water District Turnout“We also have win some elections,” he emphasized. “We are under a one party-dictatorial rule right now. And I would be saying this even if Republicans were the party in rule. Our founders believed there should be separated powers in government and people in office from all walks of life. These kinds of checks and balances get us to good policy for most people, most of the time.”

“You can’t do that in a dictatorship,” Patterson explained, “and that’s really what we have—one party that has all the levels of power and is using them all against us in Central California. And we’re seeing the result of it.”

Patterson tells other members of the legislature on the committees he serves, “You are literally putting a bait fish that striped bass are eating, ahead of the lives and the wellbeing of people and their property, and you’re blaming us for it. The reality is you’re making a drought that is bad into a drought that is a nightmare.”

“If this were to be compared, for example, to a forest fire,” Patterson conjectured, “and the firefighters were told by the governor, ‘Stop trying to save lives and stop trying to save property; go make sure you save that tree over there because there’s a spotted owl in it,’ people would very quickly tell the governor where to go and what to do.”

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Governor Brown targets Climate Change

Governor Brown Wants to be the World Leader in Climate Change

By Patrick Cavanaugh, Associate Editor

Because Governor Brown wants to be the world leader on climate change, he recently signed an Executive Order with the target of reducing green house gas emissions to 40 percent below 1990 levels by the year 2030, to be extended to 80 percent by the year 2050. Keep in mind the agricultural industry cannot get there without making significant changes to the transportation and energy systems.

Additional targets are short-lived climate pollutants, such as methane and black carbon, which is soot from stationary engines. So, we are talking about a major air quality and energy shift in this state. Governor Brown also aims to reduce petroleum use in half by 2030 and increase renewable energy mandates from one-third to one-half by 2030.

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Mario Santoyo On Allocating Enviromental Water to Cities and Farms

All Sectors Of California Have Had to Reduce Water Usage, Except the Environment

By Kyle Buchoff, Correspondent

Mario Santoyo is the Assistant General Manager of the Friant Water Authority as well the Executive Director of the Latino Water Coalition. He suggests the environment give up some of its water, like the other sectors in California, to free up supply for cities and farms that are suffering this year.

He told California Ag Today, “This is the fourth year of a serious drought and the second year of what I call ‘double zeros,’ meaning zero water allocation on the West Side and zero allocation on the East Side of the Central San Joaquin Valley. Historically, a year of double zeros has never happened, much less a second year of it. This translates to the worst possible condtion for agriculture in the Central Valley—ever,” Santoyo said.

“At this point there is clearly nothing we can do relating to Mother Nature; she’s going to do what she’s going to do. But the fact is, it is not just Mother Nature causing this drought; human involvement in the operations and management of water has resulted in this level of crisis,” he said.

Santoyo emphasized that the environment must be considered in any  water usage allotment, but “to the degree that there are no requirements to justify the level of the water that it needs, unlike municipal and agricultural allocations, that is not reasonable,” Santoyo noted.

“So as we move further down the drought road in terms of farmer hardship, we’ve tried to appeal to policymakers to rethink how environmental water is being used. We’ve talked to legislators in Washington D.C. and we are talking with the Governor Brown.”

“The governor has implemented a 25 percent water reduction for municipalities, and of course you cannot receive less than a zero water  allocation for agriculture, so a similar cutback to environmental water use is warranted,” Santoyo said. “It is very reasonable, given the dire circumstances we all face, that everyone share in the pain. Reductions in  environmental water could be reallocated to the communities and farms to ease at least some of the pain.”

Santoyo hopes that state and federal legislators will help to reallocate some of the water supply this summer.

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CDFA AWARDS $5.8 MILLION TO ASSIST FARMERS WITH WATER EFFICIENCY AND ENHANCEMENT

Announced TODAY, the California Department of Food and Agriculture (CDFA) has awarded $5.8 million for 70 different projects in the second phase of a program to implement on-farm water irrigation systems with increased water efficiency and enhancement to reduce water and energy use, thereby reducing greenhouse gas emissions (GHGs).

The funding for the State Water Efficiency and Enhancement Program (SWEEP) is part of emergency drought Legislation (SB 103) signed in early 2014 by Governor Brown – authorizing CDFA to distribute as much as $10 million for eligible projects, in cooperation with the Department of Water Resources and the State Water Board.

“These projects are essential to allow farmers to continue agricultural food production while at the same time providing ecosystem services that enhance the environment” said CDFA Secretary Karen Ross. “The result is the continuous improvement of our farming systems while at the same time providing multiple benefits, including water conservation and reduced GHG emissions.”

With this latest round of funding, a total of $9.1 million has been awarded for 155 different projects that have leveraged an additional $6.9 million in private cost-share dollars from grant recipients. The money comes from the state’s portion of Cap-and-Trade auction proceeds. The proceeds are deposited in the Greenhouse Gas Reduction Fund and appropriated to state agencies.

The funding will reduce GHG emissions through projects that include modifications to improve water efficiency like drip and microsprinkler systems; energy-efficient water pumps; soil moisture sensors; and irrigation scheduling programs that apply water based on crop needs.

This program is the first of its kind at CDFA and applies to its authority under the Environmental Farming Act of 1995, which states that the department should oversee an Environmental Farming Program to provide incentives to farmers whose practices promote the well-being of ecosystem and air quality.

More information on the SWEEP program can be found by visiting  www.cdfa.ca.gov/go/sweep.

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Agriculture Emerging: a progress report at CDFA

The following was written by California Agriculture Secretary Karen Ross…

Positive. Productive. Creative, collaborative, cooperative … CDFA staff, from scientists and veterinarians to inspectors and technicians, embody these characteristics as they undertake a variety of projects and programs on behalf of the agriculture industry and the people of the Golden State. A new report, Agriculture Emerging: Balanced Budgets, Big Decisions, Bright Future, is our opportunity to share our recent successes and provide updates on many ongoing efforts.

Agriculture has its share of challenges, starting with the drought. Looking ahead, though, global demand for California’s commodities is on the rise, and food and nutrition are front-and-center in the media and on the minds of consumers. Whether their crops, livestock and other products are headed for the produce aisle, the commodity exchange, international export or the local farmers’ market, California’s farmers are well-positioned to take advantage of these conditions.

Among the most significant changes at CDFA is the department’s addition this year to the governor’s Strategic Growth Council, which also includes agencies and departments within Business, Consumer Services and Housing, Transportation, Natural Resources, Health and Human Services, and Environmental Protection, along with the Governor’s Office of Planning and Research.

This core group provides local assistance grants and coordinates activities that support sustainable communities by emphasizing strong economies, social equity and environmental stewardship. When diverse agencies embrace these fundamental values and goals, the results are powerful. The inclusion of agriculture in this process is an important step as we embrace the challenges and opportunities of the 21st Century.

With Governor Brown’s leadership, the State of California is again on the rise. The budget is balanced. Businesses are getting back on track. Slowly but steadily, confidence is being restored. Throughout this recovery, agriculture has been a steady fixture in the state’s economy.

This report is by no means a full account of the department’s activities, but it does take stock of many of our efforts and achievements over the past few years. Like the farmers we support, CDFA has earned a reputation for innovation and effectiveness. I am proud of the people here who make that possible.

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