Association Testifies at CDPR Hearing on Statewide Notification

More than 50 people attended the public hearing last night in Clovis on the California Department of Pesticide Regulation’s (CDPR) proposed regulation to Provide Public Access to Pesticide Information Prior to Applications.  The Association’s President/CEO Roger A. Isom was in attended and spoke in opposition to the proposed regulation.   At the beginning of his comments Isom stated “CDPR is doing a disservice to the people in attendance here tonight and to all parties involved.  CDPR must explain the lengthy and robust process that every single pesticide goes through to become registered.  The restrictions on the labels come after years of testing and thorough review by the scientists at CDPR and EPA.  I do not believe CDPR would allow the use of any pesticide that would cause harm to any farmworker, resident, or innocent bystander.  So why is this regulation needed if the necessary precautions to ensure a safe environment are already in place.  CDPR needs to explain that”.

Many commenters blamed pesticides for cancer, asthma, valley fever and one even blamed pesticides for fading the color of her clothes within days of exposure to pesticides.  Another blamed pesticides for causing all the fallowed lands in western Fresno County stating “they must be contaminated from pesticides.”  Isom further commented “our opposition is not to the notification itself, but to the ramifications of the notification like we have seen in Monterey County where applications have been put on hold for weeks due to public appeals only to be approved in the end.”  Joining the Association in commenting was the Nisei Farmers League and several growers, PCAs and an aerial applicator.  Comments are being accepted until January 12th.

Association Part of Two Panels at the 2023 SJVAPCD Governing Board Study Session

Association President/CEO Roger A. Isom represented agricultural interests on two important panels at the 2023 San Joaquin Valley Air Pollution Control District Governing Board Study Session.  The two-day Study Session is held every year to allow the Governing Board to take a deeper dive into major issues facing the District.  The issue for the first panel was the topic of “Continued Efforts to Partner with Valley Agriculture to Reduce Nut Harvest Emissions”.  Isom kicked off the panel and focused on highlighting the existing incentive programs for “low dust harvesters”, as well as a need to expand the programs to include conditioners and “low dust conditioners”.  Isom further highlighted the need for research to support these efforts, while emphasizing the importance of incentives as the key to any successful and meaningful replacement  of this equipment, especially given current commodity pricing.  Joining Isom on the Panel were representatives from the Almond Board of California and the USDA NRCS.  On the second day, Association President/CEO Isom opened up the panel on the issue of “Zero-Emission Heavy Duty Vehicle and Equipment Infrastructure Challenges and Opportunities.”  Isom focused on major issues with the lack of infrastructure for both electric and hydrogen fuel sources, as well as major cost implications.  Isom commented that compliance dates need to be adjusted once we truly understand our infrastructure needs including how much, when and where the demand will be for either electricity or hydrogen.  He also stated that two rules are impacting agriculture in this matter, including the new truck rules and the proposed forklift rule, and stated incentives were needed to assist agriculture on both of these regulations.  Joining Isom on the panel were representatives from the California Air Resources Board, California Energy Commission, California Public Utilities Commission, Go-BIZ and the California Transportation Commission.

Ag Meets Tractor Replacement Goal for Clean Air!

Last week, representatives from the San Joaquin Valley Air Pollution Control District (District), the California Air Resources Board (CARB), the Natural Resources Conservation Service (NRCS), and the United States Environmental Protection Agency Region 9 (US EPA) came together in Modesto to sign a historic proclamation lauding the successful efforts to reduce agricultural-related air quality emissions in the San Joaquin Valley. The proclamation stated, “that through the emissions reductions achieved by the District, CARB, and NRCS grant program partnerships, the agricultural industry has met their commitment to accelerate turnover of agricultural equipment in the San Joaquin Valley to cleaner equipment and achieved over 11 tons per day of NOx emission reductions in 2024”.  According to the District, in order to meet the emission reduction commitment, through the Carl Moyer, FARMER, DERA, TAG, and EQIP incentive programs, the agricultural industry turned over and destroyed over 12,800 pieces of older agricultural equipment in the San Joaquin Valley, of which over 7,300 were the oldest Tier 0 agricultural equipment with no emissions controls.

“The agricultural sector in the San Joaquin Valley is an economic powerhouse for the state. Moving towards the cleanest available technology in this sector continues to be critical to improving the air in the Valley,” said Liane Randolph, Chair of the California Air Resources Board. “We all have a role to play in building a healthier, more sustainable California, and today's event shows what we can achieve when we work together.”

“NRCS California is proud to have helped our farmers replace more than 6,000 old, polluting tractors since 2008, with an emission’s reduction equivalent of removing 1.5 million cars off California’s roads,” said NRCS California State Conservationist Carlos Suarez. “But we didn’t do this alone – a robust partnership of agriculture and governmental partners have teamed with us for more than a decade working together to make our air cleaner and healthier for Central Valley communities.”   

“The District applauds the leadership of local and state legislators, as well as Valley farmers in recognizing the public health and climate benefits provided throughout California from clean air investments,” stated Samir Sheikh, Executive Director/Air Pollution Control Officer for the Valley Air District. “The San Joaquin Valley agricultural sector feeds the world and coordinated multi-agency efforts like this must continue to support farmers’ ongoing transition to sustainable and air-friendly practices.”

In a District press release, they commented “While the San Joaquin Valley has some of the most challenging fine particulate matter and ozone air quality issues in the nation, the Valley has a long history of collaboration with Valley agricultural stakeholders, partner agencies, state and federal legislators, and the California Governor.  This collaboration has led to the accelerated turnover of older agricultural equipment to lower-emitting equipment through significant funding under the federal Diesel Emission Reduction Act (DERA), Targeted Airshed Grant (TAG) funding programs, and the state Funding Agricultural Replacement Measures for Emission Reductions (FARMER) Program. CARB, the District, and NRCS also partnered with the Valley agricultural industry for decades through the Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer Program), and the NRCS Environmental Quality Incentives Program (EQIP). The total public (District, CARB, NRCS, and U.S. EPA) and private investment in agricultural equipment in the San Joaquin Valley since 2015 has equated to over $1.6 billion, more than half of which was spent by farmers and others in the agricultural industry.”

On hand for the event was Association President/CEO Roger A. Isom. Isom commented “The Association spent a lot of time, effort and political capital over the past several years to make sure this day happened, and to stave off any type of mandatory replacement rule like the CARB Truck Rule that would have ultimately put farmers out of business.”

CPUC Eliminates Net-Energy Metering Aggregation Program

In a highly controversial move, the CPUC voted recently to end the NEM-A program for farms, food processors and other customers. If you are planning to implement a new solar system you have less than 90 days to get your application submitted to avail your project to the existing NEM-A rules. 

As regularly reported on by AECA, after the main Net Billing Tariff (the new Net-Energy Metering program) program was finalized at the CPUC, they moved onto NEM Aggregation. AECA helped to create the NEM Aggregation program in the Legislature in 2012 with SB 594 (2021, Wolk) and has been working for months to keep the program available.

As noted in AECA comments, the Adopted Decision will now drastically limit, if not eliminate agricultural customers’ ability to install on-farm solar net-metering projects.

AECA aggressively advocated for the aggregation program to remain an effective tool for agricultural and food processing operations to produce onsite renewable energy.

AECA submitted comments, had meetings with the CPUC commissioners, the CA Dept of Food and Agriculture, Governor Newsom’s Cabinet staff and encouraged legislators to call on the CPUC to revise the decision. ACEA recently led efforts resulting in 19 legislators signing a letter to the CPUC and Governor. This followed a joint ag letter signed by major agricultural organizations in the state.

Despite these efforts the CPUC sided with PG&E, SCE and other utilities who have long sought to end the NEM-A program

ACT NOW BEFORE THE PROGRAM CHANGES! Reach out to your local farm solar providers and get your utility applications in by mid-February. 

Farmers might stop adopting solar if California changes rate system

Late last year, the California Public Utilities Commission adopted a new distributed rooftop solar pricing system, greatly reducing customer financial incentives. The new Net Billing Tariff (formerly Net Energy Metering) addressed the inequalities that benefited customers with solar at the expense of those who didn’t have it.

Now the regulator is considering other changes to NEM programs. Unfortunately, those changes are designed by self-serving utilities to make it impossible for apartment buildings, renters, schools, and farmers to continue adopting solar energy.

Customers are currently allowed to install one solar project which serves multiple tenants, buildings, or irrigation pumps on the same property. All of these customers have one thing in common — multiple loads and meters at the same location. The proposed changes pushed by Pacific Gas and Electric Co. and their Southern California monopoly brethren will eviscerate the ability of these customers to continue adopting on-site renewable energy. 

Renewable energy systems being installed on the state’s farms are the cornerstone of the state’s climate smart agricultural practices championed by the California Department of Food and Agriculture. The systems not only help California achieve renewable energy goals, but also enable important farm water conservation efforts, such as the state’s highly successful State Water Efficiency Enhancement Program program.

Climate smart farming and more sustainable food systems can’t happen if farms are precluded from installing distributed renewable energy systems, especially as they seek to electrify more operations and equipment on their farms.

PG&E’s rates have already risen by 11.2% so far this year and will go far higher in the coming months as the CPUC ponders another multibillion-dollar rate increase over the next four years. Rates are also rising far faster than inflation in Southern California Edison and San Diego Gas and Electric territories. As utility rates increase, the investor-owned utilities are especially desperate to limit less expensive renewable options for their customers.

Both virtual net energy metering and net energy metering aggregation programs were legislatively created (SB 594, Wolk 2012) to provide multimetered customers with the same opportunities to install efficient renewable energy systems on their farms, schools, and other property. Until the NEM-A program was enacted, farms were largely unable to install solar systems. It simply made no sense to install and interconnect multiple small and inefficient systems behind every separately metered irrigation pump on the farm. Since NEM-A was created, rural agricultural renewable energy projects have flourished.

The CPUC addressed a major inequity issue when it cut payments for distributed net energy metering customers last December. Under the proposed decision, the agency would now create an even larger inequity, leaving millions of renters and thousands of farms out in the cold by precluding their ability to install renewable energy and fully utilize it on-site. That is why several dozen bipartisan legislators have weighed in with the CPUC in support of continuing the programs.

It makes zero sense. Maybe for once the CPUC can come down on the side of customers and the planet, not greedy self-serving monopoly utilities.

Roger Isom is the CEO of the Western Agricultural Processors Association, California Cotton Ginners and Growers Association, and president of the Agricultural Energy Consumers Association.

Read more at: https://www.fresnobee.com/opinion/article281901538.html#storylink=cpy

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Governor Signs Ag Overtime Bill

Ignoring the pleas of real farmworkers and the agricultural industry, Governor Edmund G. Brown Jr. today signed AB 1066, the ag overtime legislation. This means that California will have the most stringent trigger of any state in the country for overtime for farmworkers, with 45 states having no overtime protection at all. The Governor signed this bill, supposedly to bring “equality to all workers”, yet taxi cab drivers, commercial fishermen, car salesmen, student nurses, computer programmers, and carnival workers all work without any overtime provisions whatsoever. The Governor signed this ag overtime bill in the same year that minimum wage legislation was also passed that will take California to the highest minimum wage as well as legislation forcing California to adopt additional greenhouse gas regulations for businesses in California. California is the only state in the country subject to such regulations. Today’s signing occurred despite numerous requests by the agricultural industry to meet with the Governor to discuss our concerns. The message is clear. California simply doesn’t care. These provisions will be phased in over the next few years ending with the overtime provisions to be triggered at 8 hours per day and 40 hours per week.

In the Beginning As folks transitioned out of cotton and into tree nuts, the industry recognized the need to have active and effective representation at the local, state and national levels. Having enjoyed such effective representation over the years from the California Cotton Ginners and Growers Associations, these folks yearned for the same representation in the tree nut processing industry. Issues such as air quality, food safety, labor, taxes, employee safety, and environmental concerns are at the forefront, and there is a significant need for an aggressive and dynamic Association to lead the industry into the next decade and beyond. In recognition of this, the Western Agricultural Processors Association was created in 2009. The Western Agricultural Processors Association (WAPA) shares staff and office space with the California Cotton Ginners and Growers Associations taking advantage of a unique and opportunistic situation. WAPA is a voluntary dues organization with four shared staff and one dedicated staff person. Regulatory, legislative and legal issues fall under the purview of this new organization for the tree nut processing industry, which includes almonds, pecans, pistachios and walnuts. From air quality permits to conditional use permits, from regulatory hearings on greenhouse gases to federal legislation on food safety, and from OSHA violations to assisting members on hazardous materials business plans, no issue is too small or too large for WAPA. WAPA has assembled one of the best and most capable staffs in the industry, and the results are already starting to show Membership The Western Agricultural Processors Association represents facilities involved in the processing of almonds, pecans, pistachios and walnuts.Membership in the Association is classified as Regular memberships are limited to almond hullers or processors, pecan and pistachio processors, and walnut dehydrators and processors. Associate memberships are limited to any individual or business entity which is not engaged in agricultural processing, but which provides products or services directly related to the agricultural processing industry. WAPA Associate members include, but are not limited to, commodity brokers, accounting firms, and insurance brokers. Organization The Western Agricultural Processors Association is governed by a Board of Directors, elected by its membership.The Board consists of up to 15 members from throughout the state, and throughout the industry.The Board meets on a quarterly basis and conducts an Annual Meeting in the spring of each year.WAPA, in conjunction with the California Cotton Ginners and Growers Associations, conducts a special training school for its members focused on safety.In combination with the school, the Association holds a Labor Management Seminar for all of the managers. Consulting Services In researching and considering the concept of forming a new organization, the Boards of Directors for the California Cotton Ginners and Growers Associations instructed staff to perform some of the work on a consulting basis first. The point was to determine the workload from consulting and to determine if there was sufficient interest. In November of 2007, the Association began conducting services under consulting contracts for such services as air quality permits and safety plans.The effort has been so successful that demand has progressed outside the tree nut industry into other agricultural processing facilities, including vegetable dehydration facilities, tomato processing facilities, and wheat mills, as well as cotton gins in Arizona.It was determined by the new Board of Directors of WAPA, that WAPA would maintain the consulting services to provide offsetting income to help with the expenses of getting the new organization up and running.Today, WAPA provides for a long list of satisfied clients in the agricultural processing industry, by providing critical services such as air quality, safety, food safety, and environmental issues (Hazardous Materials Business Plan, Spill Prevention Control and Countermeasure Plans, etc.).