Bureau Increases Water Allocation to 50%

This week, the Bureau of Reclamation announced another increase in the Central Valley Project 2024 water supply allocation for south-of-Delta contractors.  While all north-of-Delta Central Valley Project contractors are currently at 100% of their supplies, south-of-Delta agricultural contractors are being increased from 40% to 50%.  All other Central Valley Project contract allocations remain the same per the March 22 water supply update. Initial contract allocations were announced on Feb. 21 and updated in March and April.  “With the current and forecasted conditions that factor into Central Valley Project allocations, in particular, a greater than expected rate of exports during the month of June, we are pleased to be able to provide an additional increase to south-of-Delta agricultural contractors,” said California-Great Basin Regional Director Karl Stock.

Association Testifies at PM2.5 Plan Hearing

Association President/CEO Roger A. Isom and Director of Technical Services Christopher McGlothlin both testified at the San Joaquin Valley Air Pollution Control District Governing Board Meeting where the latest State Implementation Plan (SIP) for Attaining the Federal PM2.5 Ambient Air Quality Standard.  This plan is a far reaching plan that will include measures for reducing emissions from low dust almond harvesters, require more conservation management plan measures on farms, especially ones that address windblown dust on fallowed fields, and potential new requirements for irrigation pump engines.  Isom commented on the need to base any new measures on actual scientific research and measurements and only focus on those measures that actually move the needle.  Isom also commented on the need for incentives to assist in these efforts  and warned the board of the impending disaster with the lack of electric infrastructure.  Director of Technical Services McGlothlin responded to some of the environmental justice activists who criticized the District for not going far enough and wanting to be more restrictive.  While many of the activists criticized the plan as being a mere extension, McGlothlin pointed out that many within the agricultural industry were stepping up to meet the constantly changing regulations.  Regulations such as updated control efficiencies for Boilers, Roasters and Process Heaters as well as voluntarily transitioning older tractors out for lower emitting equipment on a quicker timeline.  McGlothlin also highlighted the fact that the Air District already has the toughest regulations in the country, and has been able to achieve tightening air quality standards with the assistance of industry stepping up to do its part.

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Agreement Reached to Reform Private Attorneys General Act (PAGA)

After many months of discussions, an apparent agreement has been reach on reforming the Private Attorney General Act (PAGA).  The agreement comes after months of discussions between the Newsom Administration, legislative leaders, labor advocates and a coalition of businesses.  The agreement will be introduced in legislation.  If passed by the Legislature, it would reform PAGA to ensure workers retain a strong tool to bring forth labor claims and receive fair compensation, while limiting the shakedown lawsuits that hurt employers and employees. The deadline for initiatives to be withdrawn from the November 2024 ballot is June 27, 2024.

The following are the core elements of the reform package:

  • Employee Share of Penalty
    • Increases share employees receive from any penalty from 25% to 35%.
  • Standing
    • Requires the employee (plaintiff) to personally experience the alleged violations brought in a claim.
    • Alleged violations must have occurred within the last year (presently, there is no time limitation).
  • Penalty
    • Caps Penalties: For employers who proactively take steps to comply with the Labor Code before receiving a notice, the maximum penalty that can be awarded is 15 percent of the applicable penalty amount.
    • Caps Penalties: For employers who take steps to fix policies and practices after receiving a PAGA notice, the maximum penalty that can be awarded is 30 percent of the applicable penalty amount.
    • Reduces the maximum penalty where the alleged violation was brief or where it is a wage statement violation that did not cause confusion or economic harm to the employee (i.e. misspelling of company name or forgetting to add “Inc.” on the pay statement).
    • Levels the playing field for employers who pay weekly by ensuring a penalty is adjusted. Presently, such employers are penalized at twice the amount because the penalty accrues on a per pay period basis.
    • Addresses derivative claims.
    • Creates a new penalty ($200 per pay period) if an employer acted maliciously, fraudulently, or oppressively.
  • Employer Right to Cure
    • Expands which Labor Code sections can be cured, so employees are made whole quickly.
    • Protects small employers by providing a more robust right to cure process through the state labor department (Labor and Workforce Development Agency) to reduce litigation and costs.
    • Provides an opportunity for early resolution in court for larger employers.
  • Strengthening Enforcement Agency
    • The Administration will pursue a trailer bill to give the California Department of Industrial Relations (DIR) the ability to expedite hiring and filling vacancies to improve and expedite enforcement of employee labor claims.
  • Judicial Discretion (Manageability)
    • Codifies that a court may limit both the scope of claims and evidence presented at trial.
  • Injunctive Relief

Allows for injunctive relief.

WAPA Wraps Up Biggest Annual Meeting Ever

As the number of regular members and associate members continue to grow, so does the WAPA Annual Meeting.  The 2024 Annual Meeting of the Western Agricultural Processors Association (WAPA) was the biggest one ever.  There were more attendees, more exhibitors, more golfers, and more sponsors than any year in the short 15-year history of WAPA.  While it was a lot of fun, it was short, sweet and to the point.  It started Wednesday evening with our Associate Member Appreciation night reception, where Association President/CEO Roger A. Isom recognized the support and contribution of our Associate members and the role they play in the success of the Association and the entire tree nut industry.  The next morning the WAPA Annual Meeting Golf Tournament kicked off, and the WAPA Exhibits opened at 4:00 pm.  The evening reception began amongst the exhibitors at 5:00 pm and then rolled into Dinner.  Following Dinner, the Killer Dueling Pianos treated the audience to a raucous night of music and fun.    The next day was the WAPA Business Meeting that got underway with a report from Todd Landry with the Association’s Accounting Firm of Spafford and Landry who discussed the Association’s financial condition and results of the 2023 Audit.  Following that report, Dr. James Gorny, US FDA, provided an update on food safety issues and directives from FDA.  Then Senator Marie Alvarado-Gil and Assemblyman Juan Alanis provided their perspectives on critical issues in Sacramento.  The second portion of the business session got underway with a very enlightening economic outlook for tree nuts as we look into the crystal ball for the next five years by Dr. Roland Fumasi of Rabobank.  The day finished with a staff update from Assistant Vice President Priscilla Rodriguez, Director of Technical Services Christopher McGlothlin and President/CEO Roger A. Isom.  Overall, it was the biggest and best meeting WAPA has ever held!  We would like to extend a special thank you to all of our sponsors for this year’s annual meeting.  Their contributions were generous and made this meeting what it was!

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A Huge Shoutout to Our Sponsors

The Western Agricultural Processors Association (WAPA) held its 2024 Annual Meeting last week in Monterey and it was our biggest ever.  We had more sponsors, more exhibitors and more attendees than we ever have in the 15-year history of the organization.  The Association would like to thank and recognize each and every participant, exhibitor and sponsor for making this our best ever.  WAPA President/CEO Roger A. Isom stated “We are humbled by the support and interest in our organization. Our staff works hard to protect and fight for the entire tree nut industry, and we are truly grateful for the members’ and associate members’ unwavering support.  We could not do what we do without their support.  Thank you!”  WAPA will return to Monterey on June 11-13 in 2025!  Be sure to make plans to be there.

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  1. Yolo County Superior Court Rules in Favor of Sites Project Authority
  2. Association Hits The Hill on Navel Orangeworm
  3. Historic 2023 Water Year Boosts California’s Groundwater Supplies
  4. Industry Pioneer Jack Wilkey and his Wife Pat Honored

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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.).