Revised Indoor Mask Mandate
The Center for Disease Control and Prevention (CDC) issued on February 25, 2022 updated guidance related to face coverings based on the latest data on COVID-19, and on February 28, 2022 California Department of Public Health (CDPH) has issued updated guidance on face coverings to align with the most current CDC guidance. Effective March 1, 2022 CDPH face coverings guidance no longer requires individuals to wear face coverings indoors, except in limited settings where face coverings remain required, and now strongly recommends that all individuals, regardless of vaccination status, continue indoor masking. In addition, Governor Newsom issued an Executive Order with respect to the second readoption of the Cal/OSHA Emergency Temporary Standard (ETS) by extending it an additional 21 days to allow the Occupational Safety and Health Standards Board (OSHSB) additional time to finalize the third readoption of the ETS to align with current public health guidelines and recommendations. This is what we know for now and we will continue to review and monitor the COVID guidance from CDPH as well as the Cal/OSHA ETS.
CARB hold’s Webinar on Prosed Zero Emission Forklift Regulation
Yesterday, the California Air Resources Board (CARB) held its second meeting on the Proposed Zero Emission Forklift regulation. During the meeting CARB’s staff discussed the changes made to the proposed regulation based on stakeholder feedback and other additions made. Although not yet final, the following are updated changes to the latest draft for Large Spark Ignited forklifts up to 12,000 lbs lift capacity:
- Update to exemptions:
- Removed diesel forklifts (Due to In-Use Off-Road Diesel Reg.)
- Revised low-use provision
- Simplified fleet reporting requirements
- Added requirements for dealers and rental agencies
- Added new zero-emission standard for LSI Forklift engines and warranty requirements for manufacturers
- Updated small business definition and provisions.
It is important to note the proposed regulation will exempt all rough terrain as defined by the ANSI standard as well as pallet jack and forklifts with telescoping booms. The low use exemption is for forklifts with <200 hours/year and would be limited to 10% of fleet with a sunset in 2031 for most business.
The intent of this proposed rule is to phase out any propane forklifts 13 years or older beginning in 2026 for use in California. The new change would also mean folks would not be able to purchase new propane forklifts beginning 2026.
The next public meeting will be held in summer of 2022 and will go to the CARB board for consideration in 2023. The Asssociation will set up a meeting with CARB staff, ag industry representatives, and equipment rental companies in the coming weeks. In addition, we are moving forward with a third-party consultant to conduct a cost analysis on the proposed regulations to see the accurate cost associated with converting fleets over to electric. Aside from the capital expenditure of the forklift, most facilities will require infrastructure upgrades to their system and those costs are not considered. The Association will maintain the pressure on CARB and continue to express our deep concerns on moving forward with such a regulation.
The 2022 Annual Conference of the Western Agricultural Processors Association will be held at the Monterey Conference Center located in beautiful downtown Monterey, California June 15-17. Come join us for what will be a fun, informative and relaxing annual conference in Monterey! Click here for registration details, exhibitor and sponsorship opportunities. We look forward to seeing you in Monterey!
WAPA Elections Results Are In
The Western Agricultural Processors Association (WAPA) held its 2022 Board of Directors elections this past December and January. Six candidates were vying for five (5) open board positions and the incumbents won. Don Barton of Gold River Orchards, Mark Kazarian with Tule River Cooperative Dryer, Jonathan Hoff of Monte Vista Farming Company, Michael Kelley with Central California Almond Growers Association and Kim Keyawa-Musselman of Keyawa Orchards all won reelection. It was a very good turnout of voters and we thank all of the members that took time to vote for this important election. All terms are three-year terms.
Federal Maritime Commission Announces Effort to Address Detention and Demurrage Fees
An Advanced Notice of Proposed Rulemaking was recently approved by the Federal Maritime Commission asking if a new rule governing demurrage and detention billing practices would benefit the trade and should apply to marine terminal operators and non-vessel operating common carriers in addition to vessel-operating common carriers. Specifically, the Commission is considering the merits of establishing regulations mandating certain minimum information be included in bills issued for demurrage and detention charges and prescribing the maximum period in which an invoice can be sent. Additionally, the Commission is seeking industry views on whether it should regulate the demurrage and detention billing practices of common carriers and marine terminal operators. The ANPRM broadly defines the terms “demurrage and detention” to include any charges assessed by common carriers and marine terminal operators related to the use of marine terminal space or shipping containers, regardless of the labels given to those charges. The ANPRM is being issued in response to information developed by Commissioner Rebecca F. Dye as part of her work leading Fact Finding 29. In July 2021, she identified issuing an ANPRM on these topics as one of the Interim Recommendations provided to the Commission on how the agency can address complaints and issues related to demurrage and detention. The Commission is requesting comments on what specific information should be required on demurrage and detention bills. It is interested in learning what information is necessary to identify a shipment, and whether bills for demurrage and detention should include information on how the charges are calculated and what circumstances justify stopping the clock on charges. Finally, the Commission is soliciting guidance on how to ensure a bill is being issued to the correct party and whether an explanation of the source and reason for the charge should be required. If you have comments or suggestions, please forward them to the Association.