State DWR Announces First 6 SGMA Projects to be Funded
Today, the California Department of Water Resources (DWR) announced the funding recommendation to fully award the available $26 million of Proposition 68 grant funding to 6 awardees. This money is from the Sustainable Groundwater Management (SGM) Grant Program Implementation Round 1 and goes toward projects that will help support Critically Overdrafted (COD) Basins. The six projects awarded are as follows:
Organization Name |
Project |
Award |
Fresno Irrigation District |
Kings Basin 2021 GSP Implementation Projects |
$4,866,600 |
Madera County |
Eastside Bypass Recharge for Subsidence and Flood Risk Reduction Phase 1 |
$4,197,600 |
Madera County |
East Madera Subbasin Recharge Project Phase 1 |
$4,197,600 |
Merced Irrigation District |
Southern Merced Subbasin Recharge Project |
$4,999,800 |
Mid-Kaweah GSA |
Kaweah Subbasin Groundwater Recharge and Sustainability Projects |
$3,776,400 |
Westlands Water District GSA |
The Pasajero Groundwater Recharge Project |
$3,962,400 |
The SGM Grant Program received 15 applications totaling over $70 million in requested grant funds. The six recommended award grants are comprised of 16 individual construction projects within COD basins that will construct seven new and expand three existing recharge basin covering over 130 acres.
Message from Bayer regarding Fluopyram: EU MRL for Fluopyram in almonds will likely change from 0.05 ppm to 0.03 ppm in 2021
Bayer would like to inform you that we understand the current EU MRL of 0.05 ppm for Fluopyram (the active ingredient in Luna Sensation® Fungicide and Luna Experience® Fungicide) in almonds will likely be lowered to 0.03 ppm in Q2 2021 (exact date is still unknown). Ensuring the use of our products comply with the established MRLs is a key objective that we all share; therefore, Bayer is revising the use recommendation for both Luna® products for this 2021 season for all markets, whether for exports or domestic use in the US. Based on internal trial data, Bayer is recommending that applications of both Luna® products be made no later than 30 days after full bloom, which we believe will result in compliant residues. Bayer is currently running extensive trials for the 2021 season which will help to precisely redefine future use recommendations, ensuring that Luna® products continue to be a valuable tool for almond growers. This revision applies only to the Luna® products, and does not affect any recommendations for soil applications with Velum One®. Please contact your local Bayer representative in case of any questions.
State Insurance Commissioner to Investigate Commercial Insurance Issue
Responding to the Association, State Insurance Commissioner Ricardo Lara has issued an information request from all commercial insurance carriers operating in California on the availability and cost of commercial insurance for business operating in California. This follows meetings in Sacramento and in our office on the issue with Commissioner Lara, where the Association reported on the overwhelming lack of commercial insurance following the devastating wildfires in the state, and the cost of insurance that is available. The Commissioner has given insurance companies 60 days to respond to the request with a deadline of June 14th, 2021. While this is no guarantee our issue is going to be resolved this year, at least the Commissioner is following through on his promise to investigate the issue and put serious pressure on the insurance industry to not penalize those of us who have nothing to do with the wildfires. Stay tuned for more details as the investigation continues.
WAPA Annual Meeting Update
As the numbers continue to improve, the WAPA Annual Meeting moves closer to being confirmed. This past week the California Department of Public Health announced the opening of indoor events, including conferences under certain conditions. The state will also require proof of vaccination or a negative COVID test in order to attend an indoor event. At this moment, Monterey County is in the red category, but expects to move to orange in the next week or two. It already meets one of the criteria for the yellow category, so we are looking really, really good! We will make a formal announcement by the 15th, but wanted to give our members an update based on the State’s announcement this past week. So, get your vaccine and we’ll see you in Monterey!
Be sure to register as soon as possible at www.wapa-events.com!
New Prop. 65 Decision: CA Cannot Force Businesses to Put Cancer Warnings for Acrylamide on Food and Beverage Products
On March 29, 2021, the federal Circuit Court for the Eastern District delivered a significant victory to the California business community in the Proposition 65 case, California Chamber of Commerce v. Becerra. District Court Judge Kimberly Mueller ruled that the State and private litigants cannot force businesses to label food and beverage products with cancer warnings for acrylamide. Facing opposition from the Attorney General and Council for Education and Research on Toxics, the California Chamber of Commerce successfully argued that compelling businesses to label their products with a warning label would violate their First Amendment speech privileges.
The opinion found the State failed to show that the warning consists of “purely factual and uncontroversial information” and would not impose an undue burden on businesses. The assertion that food products can expose consumers to acrylamide was found to be misleading, leading to the belief that acrylamide is an additive or ingredient of a product. Judge Mueller also determined that consumers are unlikely to discern the basis for the warning, which in this case is due to the presumption of toxicologists that chemicals causing cancer in animals also cause cancer in humans without evidence to the contrary. The court observed that a warning which advises what is “known” to California assumes the reader understands the complex legal framework behind Proposition 65. Instead, consumers who read the warning will probably believe that eating the food increases their personal risk of cancer. Because the science is unsettled on this issue, the court found the warning misleads readers by inappropriately elevating one side of the scientific debate over others.
Judge Mueller granted plaintiff’s request for a preliminary injunction enjoining new lawsuits seeking to enforce the warning as applied to acrylamide in food and beverage products and found a likelihood that the Chamber would be successful on the merits of this case.
This decision relied in part on a recent Prop 65 case from the same court, National Association of Wheat Growers et al. v. Zeise et al., holding that California cannot place cancer warning on products containing glyphosate. That case is currently being briefed in the 9th Circuit Court of Appeals.
For any questions, please reach out to Ann Grottveit at This email address is being protected from spambots. You need JavaScript enabled to view it..
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