Purple alyssum and orange marigold flower seed production in Edna Valley this week. | |
SLO County Farmers May See Relief from Some Ag Order 4.0 Regulations | |
After more than two years of waiting, the State Water Board responded on June 16 to a petition filed in May 2021 by a coalition of Central Coast agriculture groups challenging the Central Coast Regional Water Board’s Irrigated Lands Regulatory Program, also known as Ag Order 4.0.
The State Water Board’s 34-page Draft Order contains a number of potential wins for farmers. From the opening of the Draft Order:
- “In this order, the State Water Resources Control Board (State Water Board) reviews on its own motion General Waste Discharge Requirements for Discharges from Irrigated Lands Order No. R3-2021-0040 (General WDRs) issued by the Central Coast Regional Water Quality Control Board (Central Coast Water Board). The General WDRs authorize discharges from irrigated lands operations to waters of the state within the Central Coast region. For the reasons discussed herein, we uphold several of the requirements of the General WDRs but remand the General WDRs to the Central Coast Water Board to make revisions consistent with certain precedential elements of State Water Board Order WQ 2018-0002 (Eastern San Joaquin River Watershed). We also direct the Central Coast Water Board to make revisions regarding composting requirements and extensions of total maximum daily load deadlines.” (Emphasis added)
What provisions of Ag Order 4.0 may be changed?
Below is a summary of the State Water Board’s Draft Order key provisions and the potential impact on agriculture. Note that the Draft Order is still subject to change.
A. Consistency with Order WQ 2018-0002’s Precedential Nitrogen Reporting Requirements – REMANDED (Good for Agriculture)
“The Central Coast Water Board attempted to recast our precedential direction as merely setting a floor for regional board irrigated lands regulatory programs and to distinguish the circumstances in its region as justifying deviations from our requirements. ... the Central Coast Water Boards’ efforts to justify its departures from our precedential direction are unavailing.”
B. Modifications to Nitrogen Applied (A) and Nitrogen Removed (R) – REMANDED (Mostly good for Agriculture)
“Accordingly, we remand the General WDRs to the Central Coast Water Board with the instruction to revise the use of nitrogen applied and nitrogen removed data for the purposes of calculating the A/R ratio and A-R difference values to be consistent with Order WQ 2018-0002.”
- Modifications to Nitrogen Applied Minus Nitrogen Removed Difference Value – REMANDED (Mixed for Agriculture)
- Lack of Use of A/R Ratio Values – REMANDED (Good for Agriculture)
- Enforceable Limits on Nitrogen Applied – REMANDED (Good for Agriculture) - “The Central Coast Water Board’s attempt to eschew the precedential direction in Order WQ 2018-0002 (Eastern San Joaquin) by distinguishing its region and opening the door to revisiting the regulatory approach of the General WDRs is simply not appropriate.”
- Enforceable Limits on A-R Difference – REMANDED (Good for Agriculture)
- Convening an Expert Panel – Unknown impact, the State Water Board is developing an expert panel to “advise us on the next steps for our irrigated lands regulatory programs.”
C. Consistency with State Water Board’s Composting General Order – REMANDED (Bad for Agriculture)
D. Nonpoint Source Policy – PARTIALLY REMANDED (Mostly Bad for Agriculture)
E. Monitoring for 1,2,3-TCP – MAINTAINED (Bad for Agriculture)
F. Pesticide Surface Water Receiving Water Limits – MAINTAINED (Bad for Agriculture)
G. Impermeable Surfaces – MAINTAINED (Bad for Agriculture)
H. Economic Considerations – MAINTAINED (Bad for Agriculture)
I. Extensions of TMDL Compliance Dates – PARTIALLY REMANDED (Mixed for Agriculture)
J. Public Trust – MAINTAINED (Good for Agriculture)
Next Steps
Farm Bureau and Ag Partners will have until July 19 to submit written comments before the State Water Board holds a public hearing on August 15. Following the hearing, it is unknown how long the State Board will take before they finalize the Order and officially serve it to the Central Coast Regional Water Board. Once that happens, parties have 30 days to challenge it in court.
The Regional Board will be required to adopt a revised order that complies with provisions from the Final State Order. The timeline for the Regional Water Board to complete a revised Ag Order 4.0 is unknown.
Farm Bureau at Work
California Farm Bureau Senior Counsel Kari Fisher has been advocating for Central Coast farmers on the Irrigated Lands Regulatory Program issue since 2009. Fisher explained the State Board’s Draft Order affirmed that all California Regional Boards should comply with precedents established in the San Joaquin Waste Discharge Requirements.
“One of the big takeaways out of this was that the State Water Board did make it very clear to all Regional Water Boards, including the Central Coast, that the East San Joaquin Order is precedential,” Fisher said.
“The East San Joaquin Order is where the State Water Board made all of their A/R and A-R requirements for nitrogen, and they want all regional boards to follow those. They don't want regional boards deviating from those by adding things or making requirements reduced or more extensive. The State Board said additions made by the Central Coast Regional Board with regard to the discharge application targets and limits were not appropriate at this point in time.”
The Central Coast Regional Water Board’s Ag Order 4.0 was the first time a regional water board had imposed numeric fertilizer application limits or targets. Thanks to the work of the Central Coast agriculture community, that regulation may now be changed.
According to Fisher, “The East San Joaquin Order uses a three-year running total for both the A/R ratio and the A-R difference, as well as if growers are outliers for nitrogen application, and then there’s a lot of follow up and triggers that go in to place if you are an outlier. But there wasn't an actual enforceable limit that ratcheted down to a set number like 50 pounds.”
The Ag Partners coalition that bore the bulk of the legal expenses and staff time to prepare a challenge to Ag Order 4.0 consisted of Grower-Shipper Association of Central California, Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties, Western Growers Association, Western Plant Health Association, Monterey County Farm Bureau, California Strawberry Commission, and California Farm Bureau Federation. Fisher represented Monterey County Farm Bureau, Santa Clara County Farm Bureau, Santa Cruz County Farm Bureau, San Benito County Farm Bureau, San Mateo County Farm Bureau, San Luis Obispo County Farm Bureau, and Santa Barbara County Farm Bureau.
While changes may be coming to Ag Order 4.0, the draft process is still ongoing. Growers should continue to comply with all existing compliance reporting and other requirements. SLO County Farm Bureau will keep members updated with opportunities to submit comments or further engage on this issue.
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This Week In SLO County Agriculture | |
Community: Volunteer at Mid-State Fair's Cattlemen and Farmers Day on July 20th | |
Mid-State Fair discounted admission tickets on sale now | Tickets available at local Farm Supply Company stores around SLO County - The California Mid-State Fair has announced that discount pre-sale daily admission tickets are [...] | | | | |
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Local Government: City council Rejects Proposed Statement of Equity for Paso Basin Groundwater Sustainability Plan | |
City council Rejects Proposed Statement of Equity for Paso Basin Groundwater Sustainability Plan * Paso Robles Press | Paso Robles Press is the daily online news source and weekly print newspaper for the Paso Robles area, serving the community since 1889. | | | | |
San Luis Obispo USDA Service Center Newsletter - June 2023 | The U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) encourages all farmers, ranchers, and FSA program participants to take part in the San Luis Obispo County Committee election nomination process. | | | |
State Government: Protect Farmers and Ranchers from Expensive New Laws | |
California Farm Bureau's Farm Bureau at Work - State Government Affairs Weekly Update
June 23, 2023
Air Quality
The California Air Resources Board (CARB) staff has posted the agenda and the staff’s presentations for the public workgroup meeting to discuss the Off-Road New Diesel Engine Tier 5 Rulemaking scheduled for June 27, 2023. The existing Tier 4 emission standards were adopted in 2004 and were based on the capabilities of the best available technologies at that time: diesel particulate filters (DPF) and SCR. As of model year 2020, more than half of all new off-road CI engine families continue to be certified in California to the Tier 4 final emission standards without DPFs.
CARB staff is working on potential amendments to the current Tier 4 off-road diesel engine standards for the Tier 5 rulemaking. Staff will likely propose more stringent exhaust emission standards for NOx (up to 90 percent more stringent) and PM (up to 75 percent more stringent) than today’s Tier 4 standards. First-time tailpipe carbon dioxide (CO2) emission standards for off-road engines will also likely be proposed by CARB. CARB staff is considering proposing possible elements such as enhancing in-use compliance testing, proposing more representative useful-life periods, and developing a low-load test cycle. CARB staff will also propose to update the test procedures and consider first-time off-road OBD requirements. CARB staff’s proposal is tentatively scheduled for Board consideration in the 2025 timeframe, with implementation beginning as early as the 2029 model years. CAFB staff will be participating in the workgroup meeting, and providing feedback. To register for this meeting, please click here.
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Diesel phaseout worries compost dealers | Daniel Pacheco, owner-operator of Lucky Diamond Trucking in Sonoma County, picked up a 24-ton order from Cold Creek Compost in Ukiah last week and hauled it two hours through Mendocino, Lake and Yolo counties before dumping the load near a corn field at Full Belly Farm in Yolo County. | | | | |
In Brief: California Farm Bureau Legal Services Division Newsletter June 2023 | | |
Still waiting on a California budget deal | Legislators, advocates, policy nerds and reporters (including my CalMatters colleague Sameea Kamal) waited all weekend, but the big announcement of a budget deal between Gov. Gavin Newsom and legislative leaders never came. | | | |
Protect Farmers and Ranchers from Expensive New Laws
The California Assembly will soon consider two bills that will cause serious problems for California ag employers:
SB 616 (Gonzalez) vastly expands the California paid sick leave mandate from 3 days to seven days with no ability for an employer to check abuse of paid sick leave;
SB 553 (Cortese) imposes the complex and expensive healthcare workplace violence Cal/OSHA regulation – meant for large, well-resourced employer with highly educated and sophisticated workforces, on the smallest businesses least able to cope with these new requirements.
These bills have passed the Senate and will be heard in policy committees in the next two weeks. Please write to your Assemblymember TODAY and ask them to OPPOSE SB 616 and SB 553.
Thank you for your attention to this important matter,
-California Farm Bureau FarmTeam
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Federal Government: Carbajal Named to Bipartisan Working Group Tackling Ag Workforce Challenges | |
California Farm Bureau's - Weekly Federal Policy News
June 22, 2023
- BLM Extends Comment Period for Public Lands Conservation Rule; CAFB Supports Legislation to Stop the Rule
- Reminder: Prevented Planting Listening Sessions
- USDA Extends Application Deadline for ERP to July 14
- Farm Service Agency Now Accepting Nominations for Farmers and Ranchers to Serve on Local County Committees
- House Closes Farm Bill Portals, Writing Begins
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States accelerate efforts to block Chinese purchases of agricultural land | CNN Politics | A growing number of states are considering or have passed measures this legislative term to ban "foreign adversaries" and foreign entities - specifically China - from buying farmland. | | | | |
Carbajal Named to Bipartisan Working Group Tackling Ag Workforce Challenges | WASHINGTON -- House Committee on Agriculture Chairman Glenn "GT" Thompson (PA-15) and Ranking Member David Scott (GA-13) released the following joint statement after announcing the formation of the... | | | |
Business Member Spotlight:
Jim's Supply Co.
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Have you ever given serious thought to the impact a trellising system can have on plant development and harvest success?
For several decades, growers across the country and around the world have come to Jim's Supply for high-quality, custom trellising systems. We specialize in developing and manufacturing trellising systems for a wide range of crops, such as vineyards, orchards, berries, stone fruit trees, and more.
We are committed to using high-quality materials and the latest manufacturing techniques to produce trellising systems that ACTUALLY work. We understand that trellises are not one-size-fits-all. That’s why our team of skilled engineers and experts works closely with growers to design the most effective and reliable supporting structures for their crops.
Better Support, Better Outcomes.
Our trellising systems are designed to improve crop yields, enhance light distribution, and reduce replacement costs by providing an effective structure and long-lasting support for plants. But they’re also built to withstand harsh environmental conditions, such as the weather and soil erosion, and can be easily adjusted as the crop matures.
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USDA: USDA Reminds Producers to File Crop Acreage Reports by July 17, Use New Online Map Features on Farmers.gov | |
USDA Reminds Producers to File Crop Acreage Reports by July 17, Use New Online Map Features on Farmers.gov | WASHINGTON, June 21, 2023 - Agricultural producers who have not yet completed their crop acreage reports after planting should make an appointment with their local U.S. Department of Agriculture (USDA) office before the applicable deadline, which for many places and crops is July 17. | | | | |
USDA Hiring Engineers, Natural Resource Specialists Nationwide to Strengthen Inflation Reduction Act Implementation, Enhance Agricultural Conservation | Natural Resources Conservation Service | USDA Hiring Engineers, Natural Resource Specialists Nationwide | | | |
Environmental: EVs Can Galvanize Farming and Agriculture | |
American bee colonies have suffered record losses over the past two years | American beekeepers lost nearly half of their hives in the 2022 growing season. That's just a bit lower than the previous highest loss on record - which occurred the previous year, according to a report published Thursday. Both years represented an unusually high fatality rate even for the embattled honeybee, a critical pollinator whose keepers have for decades faced a heartbreaking and... | | | | |
EVs Can Galvanize Farming and Agriculture - The Food Institute | Farming is one of the oldest, most demanding, least compromising, and generally low ROI industries the world over. For centuries, farmers have struggled with how to get the most out of their beasts of burden, their implements, their teams, and their crops and harvest. Feed is expensive. Fuel is expensive. Everything is expensive. Wide-scale adoption of the electric vehicle (and its ensuant electrical ... | | | |
Produce: Cal Poly Strawberry Center Receives $1M in Federal Funding for Automation | |
Cal Poly Strawberry Center Receives $1M in Federal Funding for Automation | The Cal Poly Strawberry Center, in collaboration with the California Strawberry Commission and the U.S. Department of Agriculture Agricultural Research Service in Salinas, was awarded $1 million in federal funding. | | | | |
Applications Now Open to Compete for $250,000 in AgSharks Pitch Competition - Western Growers Association | Applications Now Open to Compete for $250,000 in AgSharks Pitch Competition Sixth annual AgSharks Competition will provide agtech startups exclusive access to produce leaders and funding to advance innovative solutions for the agriculture sector SALINAS, CALIF. | | | |
Thank You Farm Bureau Members | |
New Business Support Member
Hotspot Ag, Inc.
Renewing Agricultural Members
Leslie Stemper, Mighty Nimble LLC, Robert Morrison, W Terry, Chad Pankey and Brandon Wiebe
Renewing Associate Members
Wicks Roofing Inc.
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Featured Member Benefit:
California Grown
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Are your products labeled California Grown? Farm Bureau members in California now have access to a 50 percent discount on California Grown branding and licensing for their agricultural commodities.
The purpose of the California Grown brand is to increase awareness and consumption of California agricultural products among California consumers. California Farm Bureau Federation, a California Grown member, is partnering with California Grown to further promote the brand and as a result, Farm Bureau members have access to a significant discount.
If you are interested in the program and are looking for more information about the California Grown branding, please go to the California Grown website at www.californiagrown.org or phone (916) 441-5302.
*Some limitations may apply.
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Labor: Farmers Need Answers to Labor Challenges | |
Farmers Need Answers to Labor Challenges | American Farm Bureau Federation President Zippy Duvall commented today on the House Agriculture Committee formation of a bipartisan Agricultural Labor Working Group to address pressing issues facing farmers. "AFBF appreciates Chairman GT Thompson and Ranking Member David Scott for coming together to investigate the labor challenges facing America's farmers and ranchers. | | | | |
California Farm Labor Contractor Association - Scholarships | To accommodate the rising costs of tuition and fees, we are excited to announce that this year, CFLCA will award scholarships ranging from $1,000 to $10,000 for up to 18 students! Thanks to the work of our scholarship committee and generous sponsors and donors, potential award amounts have been increased significantly from prior years. | | | |
Health and Safety on the Farm and Ranch - Farm Bureau Extension
California Farm Bureau is pleased to offer this year-long program of Zoom-based training sessions presented by Nationwide. Select topics will be presented in both English and Spanish. Access to these trainings is FREE to Farm Bureau members. The next class: Drug & Alcohol/Reasonable Suspicion Training is on July 5th.
Register here: cfbf.com/FarmBureauExtension
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Wildfire: California Will Begin Backing Intentional Burns to Control Wildfire | |
Goat grazing in Paso Robles: An unconventional approach to fire prevention | Goats and sheep are grazing on the Salinas River in Paso Robles right now. It's a tactic some local governments are using to reduce wildfire risk. | | | | |
California Will Begin Backing Intentional Burns to Control Wildfire | Millions of dollars have been set aside to encourage controlled burns that can help defang forest fires. | | | | |
SLO City fire officials stress preparedness with fire danger on the rise | Wildfire preparedness was the topic of a community meeting in San Luis Obispo on Thursday night as fire season gets underway on the Central Coast. | | | |
Livestock: Vesicular Stomatitis Confirmed in California | |
Wrangler Country Rodeo Finals Tickets at the Mid-State Fair On Sale Now! | | |
Reports Detailing 2022 National Beef Quality Audit Results Now Available - California Ag Network | Approximately every five years, the beef cattle industry undergoes a National Beef Quality Audit (NBQA), funded by the Beef Checkoff, to help determine quality conformance of the U.S. beef supply. Reports detailing 2022 NBQA results are now available at www.bqa.org. The Market Cows and Bulls and Fed Cattle reports outline where the beef supply chain ... | | | |
Vineyard & Wine: The 21st Annual Central Coast Wine Competition Results Announced | |
The 21st Annual Central Coast Wine Competition Results Announced | | |
Local winery releases cabernet sauvignon in boxed format | Box is equivalent in volume to four standard bottles of wine - My Favorite Neighbor, a Paso Robles winery, this week released a new three-liter [...] | | | |
From Paso Robles Wine Country Alliance
PASO ROBLES 2023 USA TODAY 10BEST READERS' CHOICE NOMINATIONS
Paso Robles has been fortunate to receive multiple nominations for the 2023 USA Today 10BEST Readers' Choice Poll and we need your help to pull off a win! You can vote daily until Monday, July 10 at 8:59 AM PST.
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Water: Department of Water Resources Releases Approved Determination for the Paso Robles Area Subbasin | |
Grand jury releases report on Paso Robles Water Basin | Grand jury report titled, 'Can one wet year wash away the Paso Robles Basin's water worries?' - This week, the San Luis Obispo County Grand [...] | | | | |
A Vast Lake Has Captivated California Where Farms Stood a Year Ago | Tulare Lake re-emerged after intense storms battered the state this winter, and will likely remain in the Central Valley for months - and maybe years - to come. | | | |
Farm Bureau Membership Matters | |
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We cannot support your freedom to farm and ranch without your membership.
Join SLO County Farm Bureau now or renew your membership online. Go to slofarmbureau.org to join, or download the membership form PDF.
Have your renewal notice available to speed up the process; you will need to enter your membership number, name and ZIP code. Renewal dues may be paid online or over the phone by credit card.
We're here to help! Call us if you need us to lookup your member number or we can process your membership for you, at 805-543-3654.
All California county Farm Bureau memberships are processed through the California Farm Bureau Federation, but please reach out to our SLO County office if you need your membership number or have questions.
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Thank You Platinum Members | |
SLO County Agriculture News is distributed by SLO County Farm Bureau for information purposes only. Stories written by SLO County Farm Bureau may be reprinted with attribution. Some outside story links may require site registration. Opinions expressed in stories, commentaries or editorials included in this newsletter do not necessarily represent the views of SLO County Farm Bureau. For information on advertising opportunities, please email info@slofarmbureau.org or call our office at 805-543-3654. | | | | |