The Cal/OSHA Consultation is offering free webinars on the revisions to the COVID-19 Emergency Temporary Standard (ETS).  These revisions we updated again and became effective on January 14, 2022.  The free 2-hour webinar will cover the changes to the ETS and provide resources.

Click on the link below to the webinar for registration or visit https://www.dir.ca.gov/dosh/coronavirus/webinars.html

The Centers for Disease Control and Prevention issued new guidance for Quarantine and Isolation periods in response to the ongoing Omicron cases.  This new guidance from CDC reduces the time after contracting or exposure to COVID-19.  The California Department of Public Health (CDPH) has just released their updated guidance to conform with CDC, with additional requirements. Listed are the current guidance for quarantine and isolation:

• Isolation period of infected employee after a positive COVID-19 test regardless of vaccination status, natural immunity or lack of symptoms
  • stay home for five days
  • isolation can end if no symptoms or symptoms improve after five days, and a diagnostic test on day 5 tests negative
  • if unable to test or choose not to test and symptoms are not present or resolving, isolation can end after day 10
  • continue to wear mask around others for a total of 10 days
• Quarantine period after exposure (close contact) to someone with COVID-19, this will depend on vaccination status
  • unvaccinated employees, have not received booster, or second dose of Moderna/Pfizer more than 6 months ago or single dose of Johnson & Johnson more than 2 months ago
    • stay home for five days
    • test for COVID-19 on day 5
    • quarantine can end after day 5 if symptoms are not present and diagnostic test on day 5 is negative
    • if unable to test or choosing not to test and symptoms are not present, quarantine can end after day 10
    • continue to wear mask around others for a total of 10 days
  • vaccinated employees who have received a booster after a two dose of Moderna/Pfizer more than 6 months ago or single dose of Johnson & Johnson more than 2 months ago
    • wear mask around others for 10 days
    • get a COVID-19 test on day five
    • if symptoms develop, get a test and stay home
• The definition of boosted or vaccinated but not yet *booster eligible
  • the individual does not need to quarantine
  • test on day 5
  • wear mask around others for 10 days

*Booster eligible definition from CDPH specifies Moderna or Pfizer-BioNTech is six months after second dose; Johnson & Johnson is two months after first dose 

Reminder, under the Cal/OSHA Emergency Temporary Standard (ETS) beginning January 14 requires employees to wear face covering and maintain six feet social distance if they are not excluded or return to work.  Currently under the ETS, an asymptomatic fully-vaccinated employees does not need to quarantine as long as they wear a face mask and social distance for given period, however, CDPH now makes a new distinction between boosted and un-boosted.  If an employee is vaccinated and booster eligible but hasn’t received the booster dose, they must stay home for 5 days.

The Association continues to monitor CDPH, Cal/OSHA, CDC and local health departments guidance and will update members on this already complicated situation.

This past week, the San Joaquin Valley Air Pollution Control District held a workshop on potential amendments to Rule 4550 – Conservation Management Practices (CMPs).  The potential changes stem from a commitment in their 2018 PM2.5 State Implementation Plan (SIP) to further evaluate ways to promote conservation tillage practices and other potential enhancements to their CMP Program to reduce dust from ag operations.  Specifically, the District is considering more widespread adoption of conservation tillage, and possible control measures on land that is fallowed and then worked up.  Association President/CEO Roger Isom testified at the workshop encouraging the district to take their time before any control measures are proposed.  Isom stated that any potential measures must be based on actual scientific data obtained through actual scientific measurements, as was the case with most of current adopted CMPs.  Isom also commented that the potential measures must have an actual impact on reducing PM2.5 during the critical times of the year.  This rule development process for these changes is just beginning and the Association will be involved throughout the process.

The California Occupational Standards Board met yesterday and renewed the COVID-19 ETS with some minor revisions.  Once approved by the California Office of Administrative Law, this readoption will remain in effect for 90-days, from January 14, 2022 through April 14, 2022.  Some of the revisions:

• face covering to now include a light test for fabrics that do not let light pass through,
• require vaccinated employees to test who have had close contact in the workplace,
• provide testing at no cost, during paid time, to all employees in the workplace who had close contact and provide them with information on benefits
• employees exempt from wearing face coverings due to medical condition, mental health condition or disability requires social distancing (6 feet apart) from all other employees and either fully vaccinate or test weekly,
• return to work requirements – employees may return under the following conditions:
  • employees who had a close contact but never developed any COVID-19 symptoms may return to work after 14 days have passed since last known close contact unless either applies:
    • 10 days have passed since the last known close contact and the employee wears a face covering and maintains 6 feet distance from others while at the workplace for 14 days following the last date of close contact.
    • 7 days have passed since the last known close contact; the employee tested negative for COVID-19 using a COVID-19 test with the specimen taken at least five days after the last known close contact; and the employee wears a face covering and maintains six feet of distance from others while at the workplace for 14 days following the last date of close contact.
  • employees who had a close contact and developed any COVID-19 symptoms cannot return to work until:
    • at least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medications; and
    • COVID-19 symptoms have improved; and
    • at least 10 days have passed since COVID-19 symptoms first appeared.
• changes to post-care testing that would now include vaccinated employees.

Employer groups asked for further explanation or reconsider the new face covering requirements as most face coverings will not meet the light test requirements. The provisions to the post-care test to vaccinated employees with no symptoms will be difficult for employers to find tests due to the surge of COVID-19 variants, increase of COVID-19 cases during the holiday season and will disincentivize employees to vaccinate.  The reinstitution on requirements for social distancing in the workplace will also be difficult for employers as they will need to modify work areas again. Cal/OSHA released the draft proposed COVID-19 ETS 5 days ago and the Association continues to review and monitor the ETS. The Association is also working on updating its COVID-19 Prevention Plan for members

This week, the Association coordinated and participated in a meeting with California Air Resources Board (CARB), SJV Air Pollution Control District, in conjunction with Western Agricultural Processors Association, Nisei Farmers League, Ag Council of California, California Citrus Mutual, California Fresh Fruit Association, California Strawberry Commission, California Strawberry Commission, California Farm Bureau Federation, Fresno County Farm Bureau, California Rice Commission and JM Equipment Company to discuss the potential regulatory concept Zero-Emission forklift Regulation.

The association’s Director of Regulatory Affairs, Priscilla Rodriguez and President & CEO Roger briefed the staff on the concerns surrounding the concept of zero-emission forklift. One major concern is the applicability of the rule. Staff explained the difference between an agricultural operation which operates seasonally and other business, like a distributing warehouse, that operate year around and has the ability to pass along costs. The areas discussed were applicability, costs, opposition to registration requirements, rough terrain forklift and incentive programs.

The meeting included two sites visits, to an almond processor and cotton gin. The onsite visits illustrated the true costs of converting forklift fleet to all electric, employee safety considerations when dealing with lead-acid batteries, the facility upgrades needed, the need for rough terrain forklifts at processing facilities and the importance of incentive funding.

The Association will continue the dialogue and work with CARB staff on this issue. The next workshop will be held February 2022

December 13^th, the California Public Utilities Commission (CPUC) released a Proposed Decision on the next version of Net-Energy Metering.  The Association has been represented by the Ag Energy Consumers Association (AECA), who has been participating as a party to the proceeding.  While the decision is not final and there is still a possibility changes could be made, we thought it important to communicate some of the key changes to the program. It is important to note that this is only a Proposed Decision and residential customers groups are not happy. Intense lobbying will continue until the final vote.  Here are the highlights according to AECA:

• Annual True Ups are Maintained: The Joint IOUs proposed to switch to a monthly true up, which would have been drastic for agricultural operations.  (This is huge!)

• NEM Aggregation (NEMA) Maintained: The CPUC correctly identified that NEMA is important for agricultural operations.

• Export Compensation Rate: the export compensation rate at averaged monthly values for each hour, differentiated between weekday and weekend.

• Differences between residential and non-residential
  • Residential NEM customers receive “Market Transition Credit”
  • Residential also has to pay a “Grid Participation Charge” which non-residential does not.

• Grandfathering: Non-residential NEM 2.0 customers will be grandfathered on the 2.0 program for 20 years.

• Storage: PD offers all existing NEM 2.0 tariff customers an incentive for storage if they voluntarily switch to the successor tariff within four years from the time the storage rebate becomes available. If an existing NEM 2.0 tariff customer voluntarily switches to the successor tariff during the first year of implementation, they will receive a $0.20/Wh storage rebate, which will be available for a total of four years but decrease by 25 percent a year over the subsequent four years. Customers will be eligible for the storage rebate provided in the year they transition to the successor tariff.

How long to sign up for NEM 2.0? The NEM 2.0 tariff will close 120 days after the Final Decision. Final Decision is expected sometime in January.

This past week the US House of Representatives passed HR 4996, the Ocean Shipping Reform Act.  This bill, authored by Congressman John Garamendi and Congressman Dusty Johnson, is intended to ensure carriers accept US cargo exports when they bring imports to the United States.   Ag exporters have been hammered by millions of dollars in excessive detention and demurrage fees, not to mention millions in lost sales due to the inability to get our products to the proper marketplace in a time manner.  Pushed by the Ag Transportation Coalition (AgTC) of which the Association is a member, it is hoped this legislation will reinvigorate ag exports, reign in the excessive charges that we have no control over, and establish more regulation over the shipping companies now controlling our destiny.  All California Congressional representatives but two voted in favor of the bill including all representatives in agricultural areas (Costa, Harder, LaMalfa, Panetta, McCarthy, Garamendi (author) and Valadao).  

This afternoon, the California Department of Public Health (CDPH) announced that California will be reinstating a statewide indoor mask mandate, regardless of vaccination status, from December 15, 2021 to January 15, 2022. This announcement comes in light of the state’s emergence of the Omicron variant, as well as the recent uptick in COVID-19 cases, particularly in counties with low vaccination rates. The CDPH press release stated that “since Thanksgiving, the statewide seven-day average case rate has increased by almost half (47%) and hospitalizations have increased by 14%.”

Today’s announcement also comes with an updated travel advisory, which issued the following recommendations:

• “All travelers arriving in or returning to California from other states or countries should follow CDC travel guidance.
• All travelers arriving in or returning to California from other states or countries should test 3-5 days upon arrival.
• All travelers who test positive or develop symptoms of COVID-19 should isolate and follow public health recommendations.”

Furthermore, the state is now requiring that those attending a mega event without proof of vaccination must provide proof of a negative COVID-19 test within one day for an antigen test, and two days for a PCR test.

To view the latest from CDPH, click here. For any questions regarding the state’s response to COVID-19, please contact Rebecca Baskins at rbaskins@kscsacramento.com.

The Cotton Board is happy to announce the 2022 Cotton Incorporated Producer Tour Program Dates! The Cotton Board Producer Tour Program has given thousands of cotton producers and industry partners the opportunity to see their Cotton Research and Promotion Program checkoff dollars at work inside Cotton Incorporated’s World Headquarters and Research Facility in Cary, North Carolina. This unique program allows attendees to spend a day listening to key Cotton Incorporated staff explain research and priority areas in their department, as well as visiting the innovative laboratories located inside the research facility. Producers are able to discuss major research and marketing programs that are essential to improve the future demand and profitability for U.S. cotton. During the tour, we will also have to time to learn from staff at a commercial spinning facility on their operation, sustainability in the supply chain, and how cotton producers can become more involved in the industry.
The Tour Dates for 2022 are:
• Multi-Region Tour: February 6-8
• Multi-Region Young Producer Tour: March 20-22
• Women in Ag Tour: June 12-14
Air travel, hotel stay, and meals are provided to each participant during the dates of the tour. All tours follow the same essential schedule.
If you are interested in attending a tour, please reach out to the Southwest Regional Communications Manager, Christi Short, at (469) 951-6161 or cshort@cottonboard.org. We can’t wait to show you Cotton Incorporated!

The USDA Natural Resource Conservation Service (NRCS) in California has announced three new leadership selections in the state. Allen Curry has been selected as the Assistant State Conservationist for Field Operations in Salinas covering the counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, and Stanislaus. Johnnie Siliznoff has been selected as the Assistant State Conservationist for Field Operations in Fresno covering the counties of Amador, Calaveras, El Dorado, Fresno, Kern, Kings, Madera, Mariposa, Merced, Nevada, Placer, Sacramento, Tulare, and Tuolumne.  Jon Gustafson is the new permanent State Resource Conservationist (SRC).  Jon will work with staff and partners to provide leadership over our agency conservation planning and technical standards.  Their assignments will be effective November 21, 2021.

The Assistant State Conservationist for Field Operations is responsible for working closely with employees, customers, and partners to deliver conservation programs and technical assistance, oversee staff, deliver training, and communicate agency plans, progress, and goals. In addition, they will be working with you and the District Conservationists (DC), to strengthen Local Work Groups and focus on your most critical conservation needs.  They will be working with partners and the DCs to implement the California Strategic Plan which focuses on people and making progress on six key natural resource concerns, including soil health, plant vigor that includes forest health, air quality, water quality, water quantity, and enhancing habitat.

Allen Curry is currently the DC in Indio, CA.  He has worked in several field and area leadership positions in Mississippi (MS) and CA including Soil Scientist, local Soil Conservationist, and as an area Resource Soil Scientist. Curry is a native of Port Gibson, MS, and holds a Bachelor of Science degree in Plant and Soil Science from Alcorn State University.

Johnnie Siliznoff is currently the Acting DC in Fresno and previously the DC in Madera.  He has worked as the Central Valley Air Quality Specialist and has extensive experience serving in several technical and leadership positions in CA, the West National Technology Support Center, and National Headquarters. Johnnie is a graduate of California State University-Fresno with a degree in Agriculture Science and has a California Pest Control Advisors license.

Jon Gustafson is currently the State Rangeland Ecologist.  Jon started his career with NRCS in February 1998 as a rangeland management specialist at the field office in Petaluma California. Jon has spent most of his life in California, with his formative years in Orcutt and the past fifteen years in Davis. He earned a Bachelor of Science in Rangeland Resource Science from Humboldt State University