The Crush - November 2019 - 6

[ FEDERAL FOCUS ]

New Bipartisan Effort to Fix Farm Labor Problems
DESPITE INPUT AND SUPPORT FROM HUNDREDS OF GROUPS, OTHERS ARE NOT ON BOARD
By Meredith Ritchie
FARM WORKFORCE MODERNIZATION ACT INTRODUCED
IN HOUSE WITH BIPARTISAN SUPPORT
In the latest attempt to address the nation's ag labor issues,
bipartisan House members on Oct. 30 introduced the Farm
Workforce Modernization Act (H.R. 4916). As of Nov. 14, 24
Democrats and 22 Republicans support the bill. Those include
14 California Congressional representatives: Democrats Zoe
Lofgren, Jimmy Panetta, Linda Sanchez, TJ Cox, Jim Costa, Josh
Harder, Judy Chu, Luis Correa, Salud Carbajal, Tony Cardenas,
Scott Peters and Norma Torres, and Republicans Doug LaMalfa
and Devin Nunes. According to press releases, the act was
negotiated over several months with input from ag and labor
groups.
Main titles of the bill:
*	 Earned	Legalization	for	Certified	Agricultural	Workers:
Establishes a program for ag workers in the U.S. (and their
spouses and minor children) to earn legal status through
continued ag employment and contribution to the U.S. ag
economy.
*	 Improves	the	H-2A	Program:	Reforms the program to
provide more flexibility for employers, while ensuring critical
protections for workers. The bill aims to make the program
more responsive and user-friendly for employers.
*	 Mandatory	E-Verify	for	the	Agricultural	Sector: Establishes a
mandatory, nationwide E-Verify system for all ag employment,
serving as the last necessary piece to ensure a legal workforce
for the sector. The system would only be made mandatory for
the ag sector, with a structured phase-in and guaranteed due
process for authorized workers who are incorrectly rejected by
the system.
While about 250 ag groups and labor organizations signed a
letter of support for the bill, CAWG remains neutral for now.
"CAWG applauds the bipartisan efforts of members of Congress
to address the chronic labor shortages affecting agriculture,"
CAWG President John Aguirre said. "However, the bill proposes
to fundamentally reshape the ag employer-worker relationship,
with profound consequences for the future. So, at this time, the
association remains neutral until we can better understand its
consequences for California winegrape growers."
Read John Aguirre's column on page 3 for his perspective on the bill.

6 / NOVEMBER 2019

EPA SEEKS COMMENTS ON
CHANGES TO APPLICATION
EXCLUSION ZONE
The U.S. EPA on Oct. 24
released proposed updates
to its application exclusion
zone (AEZ) requirements. The
agency stated that the changes
would reduce regulatory
burdens for farmers and
improve enforceability for state
regulators, while maintaining
public health protections for
farmworkers and others.
The proposal has received
support from USDA Secretary
Sonny Perdue, Rep. Mike
Conaway (R-Texas), American
Farm Bureau Federation and other
ag groups, but critics argue that
the changes will weaken farmworker protections. The proposed
rule was published in the Federal Register on Nov. 1 and EPA
will seek comments until Jan. 30, 2020.
EPA is proposing to:
* Modify the AEZ so it is applicable and enforceable only on a
farm owner's property.
* Exempt immediate family of farm owners from all aspects of
the AEZ requirement (they decide whether to stay inside or
leave during pesticide applications).
* Add clarifying language that pesticide applications that
are suspended due to individuals entering an AEZ may be
resumed after those individuals have left the AEZ.
* Simplify the criteria for deciding whether pesticide
applications are subject to the 25- or 100-foot AEZ.
WOTUS REPEAL FINAL RULE IN FEDERAL REGISTER;
EFFECTIVE DEC. 23
The U.S. EPA and Department of the Army on Oct. 22 published
a final rule in the Federal Register to repeal the 2015 Clean Water
Rule and restore the regulatory text defining "waters of the
United States" that existed prior to 2015. The final rule will go
into effect on Dec. 23. According to news reports, environmental
groups are suing EPA over this action.

https://www.congress.gov/bill/116th-congress/house-bill/4916/text https://www.congress.gov/bill/116th-congress/house-bill/4916/text https://www.epa.gov/newsreleases/epa-proposes-rule-update-pesticide-application-exclusion-zone-requirements https://www.epa.gov/newsreleases/epa-proposes-rule-update-pesticide-application-exclusion-zone-requirements https://www.epa.gov/newsreleases/epa-proposes-rule-update-pesticide-application-exclusion-zone-requirements https://www.federalregister.gov/documents/2019/10/22/2019-20550/definition-of-waters-of-the-united-states-recodification-of-pre-existing-rules

The Crush - November 2019

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