THIS WEEK IN
Federal Policy News
October 13, 2022
Department of Labor Finalizes Rule for
Several H-2A Changes
Late last week, the Department of Labor (DOL) announced a final rule that will bring a number of significant changes to the H-2A visa program. The original proposal was originally formulated during the previous Trump administration back in July of 2019; however, this finalized update takes a significant departure from a number of those original concepts. Some of the key elements in the final rule include the following:

  • Improves safety and health protections for workers housed in rental or public
  • Streamlines and updates bond requirements for labor contractors to better hold them accountable and clarifies joint-employer status for employers and associations.
  • Clarifies the housing certification process to allow state and local authorities to conduct housing inspections.
  • Establishes explicit authority to debar attorneys and agents for their misconduct, independent of an employer’s violations.
  • Makes electronic filing mandatory for most applications to improve employers’ processing efficiency.
  • Modernizes the methodology and procedures for determining the prevailing wage to allow state workforce agencies to produce more prevailing wage findings.

The rule clocks in at nearly 600 pages and is set to go into effect by November 14th, giving many in the agricultural and employment community little time to digest these changes and move towards compliance and implementation. While state-level requirements in California are typically more stringent than in other states (with respects to housing and other worker benefits), the broad changes will still likely lead to more costs and oversight in our state—and most certainly in others.

It helps emphasize the importance of passing the Farm Workforce Modernization Act (FWMA), which would help reduce costs and inefficiencies in the H-2A system. In the meantime, CAFB will continue to update members as the industry responds to these changes.

Interior Announces Drought Mitigation Funding
On October 12, the Department of Interior announced drought mitigation funding intended to address long-term viability of the Colorado River system. Managed by the U.S. Bureau of Reclamation, the newly created program called the Lower Colorado River Basin System Conservation and Efficiency Program, will receive funding from the $4 billion included in the Inflation Reduction Act. The program, comprised of three components, will fund selected projects that mitigate drought, protect natural resources, and help ensure reliable water and power supplies across the system.

Two of the three components are accepting proposal submissions until November 21, 2022. One component will require system conservation resulting in wet water remaining in Lake Mead at set prices per acre-foot. The second component will accept proposals for additional water conservation and efficiency projects that could involve a variety of pricing options. The third component will be for proposals in early 2023 for long-term efficiency improvements that result in multi-year system conservation. Additional details on the new program can be viewed on Reclamation's IRA webpage here.
DACA Ruling Adds New Wrinkle in Immigration Debate
Last week, a federal appeals court ruled that a lower court was correct in their ruling that the implementation of the Deferred Action for Childhood Arrivals (DACA) was illegal. It now heads back to the lower court for them to examine the potential impacts a new Biden administration rule might have on its legality. In the short term, this means the fate of the program still remains a mystery; however, lawmakers are anticipating Congressional action will be required to keep it intact. Given the hundreds of thousands of “dreamers” that have utilized the program to remain here in the US due to the program, its insolvency could create significant backlash towards Congress for any inaction that fails to protect these individuals from possible deportation.

Republican leadership is expected to be open to a bipartisan solution on this aspect of the program, but it remains to be seen whether that will happen in the lame duck period or whether they’ll risk having to bargain with Democrats while potentially in charge of the House next Congress. If done this winter, a broader immigration debate is expected to take place, with current ag labor efforts possibly mixed into those discussions as well.
USDA Seeks Applications to Improve Water and Waste Treatment for People in Rural Areas
USDA Rural Development has announced that it will accept applications for grants to help provide nonprofit organizations improve water treatment and waste disposal systems for people in rural areas. Applications will be accepted under the Water and Waste Disposal Technical Assistance and Training Grants program, intended to assist small communities improve water and waste treatment facilities for households and businesses. Eligible project areas include cities, towns and unincorporated rural areas with populations of up to 10,000 residents, or tribal lands in rural areas with special consideration given to projects that serve areas with populations of less than 5,500 residents or less than 2,500 residents. USDA expects to make approximately $35 million available through the program. Applications must be submitted through Grants.gov by 11:59 p.m. ET on Dec. 31, 2022. Click here for more information. 
USDA Risk Management Agency Roadshow
The USDA Risk Management Agency is offering a “roadshow” series of virtual workshops over the next three months for agricultural producers and stakeholders to learn more about USDA’s latest updates to Whole-Farm Revenue Protection and the Micro Farm insurance options. The upcoming workshops will be held via Microsoft Teams on Thursday, October 13, Tuesday, November 15 and Tuesday, December 13. RSVP is not required, and attendees will have the opportunity to submit written questions to USDA staff during the events. Click here to learn more.
Federal Policy Staff Update
Please note that effective October 7, 2022, Sara Arsenault is no longer serving as Federal Policy Director for California Farm Bureau. Please direct policy inquiries to Matthew Viohl, Federal Policy Associate Director, at [email protected] or Erin Huston, Federal Policy Consultant, at [email protected]
Federal Policy Team
Sara Arsenault
Director of Federal Policy
Matthew Viohl
Federal Policy, Associate Director
Erin Hutson
Federal Policy, Consultant