The Crush - October 2020 - 6

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Three New Regulatory Issues Impacting Growers
By Michael Miiller
The deadline for the governor to act on legislation was Sept.
30. This effectively ended any legislative action for 2020. But
important pending regulatory action is ongoing. Below is a
brief discussion of three regulatory issues affecting winegrape
growers:
PROPOSED MITIGATION MEASURES FOR USE OF
NEONICOTINOIDS
The Department of Pesticide Regulation is considering adopting
mitigation measures which could substantially limit the use of
neonicotinoids. This effort is intended to protect pollinators.
As grapevines do not provide forage for bees, the use of
neonicotinoids in vineyards has minimal effect on pollinators.
However, further restrictions on the use of neonicotinoids could
have a significant effect on winegrape growers.
This is in part because of the increased population of glassywinged sharpshooters, which threatens winegrapes by spreading
Pierce's disease. Bi-weekly trap results from the end of June
through mid-September in Kern and Tulare counties have
shown an increase in glassy-winged sharpshooters of more
than 700 percent compared to lowest past years and more than
400 percent compared to highest past years. The availability of
neonicotinoids will be crucial to making sure that California
doesn't face an infestation.
CLIMATE CHANGE
Gov. Newsom on Sept. 23 announced he will prohibit by 2035 the
California sales of any vehicle that burns fossil fuels. Growers
and wineries have led sustainability efforts that reduce our
carbon footprint and fight climate change. The commitment to
stewardship is felt deeply in an industry where family vineyards
and winemaking are a part of our culture and communities.
However, proposing a goal of transitioning to 100 percent offroad vehicles and equipment by 2035 may not be realistic and
must be part of an extensive public debate. For example, there
are currently no electric tractors available over 25 horsepower.
The average tractor uses approximately 130 horsepower and
some can be up to 500 horsepower. Technology is likely several
years away from developing the range of electric tractors needed
to meet the needs of California's agricultural industry.
California's approximately 80,000 tractors have an average
lifespan of 27 years. While the governor's goal of zero-emission
off-road equipment is set at 2035, tractors will need to start to be
replaced much sooner in order to meet the goal. The availability
6 / OCTOBER 2020

of technology must be
seriously considered as the
governor pursues his goal.
COVID-19 WORKPLACE
STANDARDS
At its November board
meeting, the Occupational
Safety & Health Standards
Board (board) is preparing
to take up a COVID-19
emergency standard. This is
even though Cal/OSHA staff recommended against adoption
of such a standard stating they are "unable to find evidence that
the vast majority of California workplaces are not already in
compliance with COVID-19 requirements and guidelines."
The standard may be very specific with a long list of
requirements that would apply to all industries. A rigid standard
in regulations inadvertently creates problems and confusion
down the road because, unlike the virus, the resulting standard
would be unable to evolve once it is approved by the board.
For the following reasons, CAWG and other industry associations
are instead seeking a performance-based standard:
* The requirements of a more specific standard may become
quickly outdated as we learn more about how to protect
workers from COVID-19.
* More specific standards are more likely to come into conflict
with the guidance documents already in place, which Cal/
OSHA has been steadily improving and changing with the
evolving science around COVID-19.
* Each specific requirement in a standard increases the risk that
any particular requirement may not in practice apply to every
California workplace.
* Detailed specific requirements may be difficult to implement
quickly. Conversely, the use of a performance-based standard
would allow employers to identify feasible compliance
methods that fit their unique workspace and workforce.
The biggest challenge with this proposal is that the public will
not see a draft of the standard until just a few days before the
board takes it up for a vote. Because it is an emergency standard,
it could take effect within weeks. CAWG is very engaged in the
process and will keep growers informed as things develop.

https://www.cdpr.ca.gov/docs/registration/reevaluation/chemicals/proposed_regulation_text.pdf https://www.cdpr.ca.gov/docs/registration/reevaluation/chemicals/proposed_regulation_text.pdf https://www.gov.ca.gov/2020/09/23/governor-newsom-announces-california-will-phase-out-gasoline-powered-cars-drastically-reduce-demand-for-fossil-fuel-in-californias-fight-against-climate-change/ https://www.calmatters.org/environment/2020/09/california-ban-gasoline-powered-cars-in-2035/

The Crush - October 2020

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