February 25, 2021
Court Decision on Cal/OSHA Emergency Temporary Standards
Unfortunately, San Francisco Superior Court Judge Ethan Schulman this morning DENIED the agriculture coalition’s motion for preliminary injunction, which would have halted enforcement of the emergency temporary standards (ETS). In short, Schulman’s decision concluded the following: 
  • COVID-19 is an emergency. 
  • State health and safety agencies have broad authority to address emergencies.  
  • The ETS may have been adopted under a questionable process, but the court will not elevate “process over substance.”  
  • Even if the ETS causes significant economic dislocations, absent First Amendment considerations the court’s hands are tied because of the extreme deference accorded regulators to manage emergencies.  
The ETS is in effect through Oct. 2, 2021 and could be extended through November 2022.The ag coalition is carefully considering next steps. 
In the meantime, the Cal/OSHA Advisory Committee (which includes CAWG) concluded three full days of hearings to develop amendments to the ETS and that process continues. We are hopeful that some amendments can be adopted soon to make the ETS more workable.  

Michael Miiller / michael@cawg.org / (916) 204-0485
Paid COVID-19 Sick Leave
In the California Legislature, AB 84 (Ting) and SB 95 (Skinner) were amended this week to impose a costly new COVID-19 paid sick leave mandate on all businesses. Specifically, this legislation would require employers of all sizes to provide up to 80 hours of paid sick leave per calendar year to all employees for COVID-19 related reasons. 
The reasons for taking leave are very broad under the bills. For example, an employee could take leave to get a vaccine or to care for someone who is not even in their family. This new requirement would apply retroactively to Jan. 1, 2021.
CAWG is pushing for reimbursement of costs associated with complying with these leave requirements should this legislation become law. For example, this can be achieved through a tax credit for employers whereby the state would pay the cost of the leave.
This legislation is being pursued through the process of adopting a state budget, meaning there would be minimal public debate and it could be approved very quickly.  

Michael Miiller / michael@cawg.org / (916) 204-0485
With over 30 harvests, the G3 Ag Team has deep experience in winegrape hauling. Our operational expertise and agile planning combine to provide responsive service for wineries and grape growers large and small. Click on image or here to view video.
COVID-19 Resources and Articles

Widespread (purple) = 47 (Feb. 16 = 52)
Substantial (red) = 9 (Feb. 16 = 3)
Moderate (orange) = 2 (Feb. 16 = 3)
Minimal (yellow) = 0



Letter to USDA Secretary Tom Vilsack.
AFBF, Feb. 24

Sonoma County Winegrowers, Feb. 24

Press release, Feb. 23

Immigration Reform Bills Introduced in House, Senate
California Rep. Linda Sanchez (D-Whittier) on Feb. 18 introduced H.R. 1177 (U.S. Citizenship Act of 2021) to provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes. It has nearly 100 co-sponsors (all Democrats, including 27 from California). U.S. Sen.  Robert Menendez (D-N.J.) on Feb. 22 introduced an identical bill (S. 348), which has 25 co-sponsors (all Democrats, including both California senators). Both bills have the support of the Biden administration, which describes the act as “establishing a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the hemisphere.” Comprehensive immigration legislation has struggled in Congress for decades.

According to a Feb. 22 legal alert from Fisher Phillips (CAWG member), a provision in the bill is titled “The Agricultural Workers Adjustment Act.” If passed, this proposal will clear the way for currently undocumented farmworkers and their families to apply for green card status. The practical result of such policy is many immigrant farmworkers with green card status would leave their jobs for work in other economic sectors. For that reason, most farm groups advocate for including incentives in immigration legislation that encourage newly legal farmworkers to continue working in agriculture. Also, without any provisions that significantly improve the H-2A ag guest worker program, the bill falls far short of addressing the unique needs of ag employers.
CAWG will be working with other ag groups to ensure this immigration legislation addresses the needs of ag employers and farmworkers.
Providing the very best California crop insurance services.
Update on Biden Nominees
The U.S. Senate on Feb. 23 voted 92-7 to confirm Tom Vilsack as secretary of agriculture. Six Republicans and one independent voted against the confirmation.
U.S. Trade Representative nominee Katherine Tai today testified before the Senate Finance Committee. Tai was the top trade attorney on the House Ways and Means Committee and previously served as USTR chief counsel overseeing enforcement efforts against China. In her testimony Tai said, “The USMCA is a uniquely bipartisan accomplishment that…represents an important step in reforming our approach to trade. We must all continue to prioritize its implementation and success. We must continue to pursue trade policies that are ambitious in achieving robust, bipartisan support.” According to Cornerstone Government Affairs, her nomination is expected to be uncontroversial, as Democrats value her experience and Republicans commend her record in enforcing trade rules against China.
CA Data from Census of Agriculture Farm Typology Report
USDA’s National Agricultural Statistics Service last month published its 2017 Census of Agriculture farm typology report. The report focuses primarily on the family farm and classifies farms into categories based on two criteria – who owns the operation and gross cash farm income. In 2017, 96% of U.S. farms were family-owned and 88% of U.S. farms were small family farms.
The report lists data for number of farms, acreage, market value of products sold, farm production expenses, net cash farm income, income from farm-related sources, land use, conservation and crop insurance, organic agriculture, value of land and buildings, renewable energy, producer characteristics, hired farm labor and more.
Comments Sought for Spotted Lanternfly Exterior Quarantine Regulation
CDFA has provided a notice of changes made to proposed regulation section 3287, which pertains to the spotted lanternfly (SLF) exterior quarantine. The effect of this regulation will be to provide authority for the state to prevent spread of the SLF to noninfested areas to protect California's ag industry. The proposed regulation was open for comments between Oct. 2, 2020 and Nov. 19, 2020. CDFA is accepting written comments regarding the proposed changes between Feb. 24 and March 10, 2021.
>CDFA PLANT HEALTH REGULATION ACTIVITIES (click on the section 3287 link for details)

Page 2 article: Which parts of the state are most at risk for spotted lanternfly?
CA Agriculture: Dimensions and Issues
Grape and wine production in California is one of the chapters (26 pages) in a recent publication by the Giannini Foundation of Agricultural Economics that highlights myriad aspects of the state’s ag industry. The comprehensive 18-chapter book, written by UC Davis, UC Berkeley and UC Riverside ag economists, is sectioned into four parts: 1) history, land, labor and water; 2) major commodities; 3) demand, marketing and trade; and 4) environment, climate and technology.

Unified Session Surveys Due Feb. 28
If you attended Unified sessions, please complete the brief surveys by Feb. 28. Your feedback will help make future Unified programs relevant and valuable for attendees. 
Video: Virtual Lodi Grape Day
A recording of the Feb. 2 Lodi Grape Day is available online. The three-hour event featured expert speakers from UC Davis, Fresno State, USDA-APHIS and the Lodi Winegrape Commission. Topics included GWSS, vineyard weed management, grape smoke exposure risk and mitigation and more.

Reclamation Announces Initial 2021 Water Allocation
The Bureau of Reclamation this week announced the initial 2021 water supply allocation for Central Valley Project water service contractors. North-of-Delta and south-of-Delta agricultural water service contractors will be allocated 5% of their contract supply. The initial allocation is based on low snowpack, low projected runoff and current reservoir storage, but allocations could change as the water year progresses.
Reservoir and Drought Conditions
The latest reservoir conditions map shows most of the major reservoirs below the historical average mark.

As of Feb. 23, drought conditions range from abnormally dry to exceptional drought. Read a drought summary for the West and see statistics comparing current conditions with conditions at this time last year. 
Submit Form 300A by March 2
Monday, March 2 is the deadline for electronically reporting OSHA Form 300A injury and illness data for calendar year 2020. For instructions on how to submit the data, follow the guidance on federal OSHA's Injury Tracking Application website. Cal/OSHA provides more details on its website
CDFA Seeks Input on Climate Smart Ag
ABOUT: To hear from members of the ag industry and public on farmer- and rancher-led climate change solutions.

WHEN: Feb. 26 / 9 a.m.
UCD Viticulture & Enology Events
Winery Regulations
March 4 / 9 a.m. – 12:15 p.m.

Virtually on the Road in Kern County
March 10 / 9:30 a.m. – 12:15 p.m.

Walt Klenz—Pioneering Online Wine Sales
March 10 / 5 – 6 p.m.

Virtually on the Road in Contra Costa, Alameda counties:
March 16 / 9:30 a.m. – 12 p.m.
Webinar on Proposed Reg Fee Increase
ABOUT: To share information, answer questions and receive feedback from registrants and other stakeholders on DPR's proposal to increase registration fees to a level that supports the current and future business functions of the pesticide registration program.
WHEN: March 17 / 10 a.m. – 12 p.m. PDT

California AgNet/American Vineyard Magazine, Feb. 25

Feb. 23
Interview with Glenn Proctor.
California Ag Today, Feb. 22
Despite fire and smoke damage, excellent wines were produced from Anderson Valley to Santa Barbara
Feb. 22
California AgNet/American Vineyard Magazine, Feb. 22



21 / CAWG Advocacy Day - virtual

22 / CAWG PAC Wine Tasting Event - virtual