SWRCB Announces Public Workshop on Proposed Emergency Curtailment and Reporting Regulation for the Sacramento-San Joaquin Watershed

The State Water Resources Control Board (SWRCB) has announced a Public Workshop on Proposed Emergency Curtailment and Reporting Regulation for the Sacramento-San Joaquin Watershed and is scheduled for July 27, 2021 from 1:00 p.m. to 5:00 p.m.

The proposed emergency regulation would require water right holders in the Delta watershed to curtail their diversions when water is found by the State Water Board to be unavailable based on the best information available to the Board. The emergency regulation would also allow the Board to require that water right holders provide additional information related to their diversion and use of water.

SWRCB staff will also provide an overview of the recent updates to the Water Unavailability Methodology for the Delta Watershed, which is planned to be used to inform curtailment decisions as described in the draft regulation. The draft emergency regulation text and draft resolution will be made available on July 23, 2021.

The Association staff is closely monitoring this issue and will be reviewing the draft regulation once released. We will keep you updated.

Ag Burn Alternatives Pilot Demonstration Day Kicks Off

In response to the landmark ban on ag burning in the San Joaquin Valley, several equipment dealers/manufacturers displayed and operated their equipment on recently removed grape vineyards and pistachio trees in Madera this week.  Equipment included an air curtain burner, and three different kinds of chippers for handling trees including one that could handle wire embedded in the vines, and another than handled not only the trunk and branches of the tree, but the roots as well.  The event follows on the heels of the recently announced $180 million in the legislature approved state budget just for alternatives to ag burning in the San Joaquin Valley.  Representatives from the San Joaquin Valley Air Pollution Control District (SJVAPCD), California Air Resources Board (CARB), and the USDA Natural Resources Conservation Service (NRCS) were also on hand to witness the operation of the equipment.   Agricultural burning is being phased out on a very fast time frame and will be completely eliminated on January 1, 2025.  Cost effective alternative solutions are sorely needed, and it is hoped some of these will fit that need.  Additional projects and equipment will be looked at in the next few months.  As for the funding, the details on how the money will be allocated and who will be eligible is yet to be determined but will be decided in the very near future as the first cut in burning is scheduled for January 1, 2022!

Cal/OSHA Readopts Revisions to ETS

On June 17, 2021, the California Occupational Safety and Health Standards Board readopts revisions to the COVID-19 Prevention Emergency Temporary Standards (ETS) and by executive order signed by the Governor, these revisions are effective immediately.  Some of the revisions include:

• Fully vaccinated employees do not need to wear face coverings. Employers must document vaccination status.
• Unvaccinated employees are to wear face coverings indoors or in vehicles.
• Respirators (N95s) must be provided for voluntary use to unvaccinated employees who request them, at no cost and without fear of retaliation.
• Outdoor workers are not required to wear face coverings regardless of vaccination status, except during outbreaks.
• Physical distancing requirements are removed except where employer determines there is a hazard and during major outbreaks.
• Employers must offer COVID-19 testing at no cost and during paid time
• Employers must evaluate ventilation systems to maximize outdoor air, increase filtration efficiency and evaluate the use of additional air cleaning systems.
• Employer-provided housing and transportation are exempt from the regulations where all employees are fully vaccinated.

There are requirements that remain in place from the November 2020 ETS, those are:

• Written COVID-19 Prevention Plan;
• Effective training with instructions on the employer’s prevention plan and employee rights under the ETS;
• Notification of outbreaks to local public health departments;
• Notification to employees of exposure and close contacts;
• Procedures for responding to COVID-19 cases and outbreaks;
• Offer testing after potential exposures;
• Implement exclusion pay requirements; and
• Employer-provided housing and transportation prevention requirements.

In regards to vaccination status, the Equal Employment Opportunity Commission (EEOC) laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations.  Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers.  From an EEO perspective, employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.

In addition, the employer shall develop and implement a process for screening employees and responding to employees with COVID-19 symptoms. The employer may ask employees to evaluate their own symptoms before reporting to work. If the employer conducts screening indoors at the workplace, the employer shall ensure that face coverings are used during screening by both screeners and employees who are not fully vaccinated and, if temperatures are measured, that non-contact thermometers are used.

To assist our members, we will be providing updates to the COVID-19 Prevention Plans.

Urgent Advisory – Be on the Lookout for Trespassers During Pesticide Applications

This is an urgent advisory to be on the lookout for people trespassing on to farms in the towns of Raisin City, Cantua Creek and Caruthers during or immediately after pesticide applications.  Participants of a study by the Central California Environmental Justice Network are being paid to carry backpacks with air monitoring equipment in these locations from May through August.  We are concerned these activists may attempt to enter a field or orchard during a pesticide application or immediately thereafter in order to make sure they get a “detect” on their air monitoring equipment.  This effort is led by the Central California Environmental Justice Network.  For years, the California Department of Pesticide Regulation (CDPR) has been conducting community air monitoring, and there been very few detections of pesticides, and none that exceeded any risk levels of actual concern.   Frustrated with the lack of evidence, the environmental justice community is resorting to using unproven and unapproved methods and equipment to attempt to demonstrate pesticides are impacting residents in these communities.  Considering these activists are getting paid to prove detections, we are concerned with just how far these activists will go to attempt to prove pesticide exposures.  Should you see anyone in or around the edge of your field or orchard, we urge you to immediately contact the County Sherriff’s office and the county ag commissioner.  We have already warned the Sherriff and the Ag Commissioner of this potential threat.