Ag Alert October 7, 2020

Governor acts on water, employment legislation ByKevinHecteman

miles of canal have sunk 12 feet below the original elevation, costing thecanal 60%of its carrying capacity. SB559,bySen.MelissaHurtado,D-Sanger, wouldalsohaverequiredthestatetoplanfor payingupto35%of therepairproject’scost. In his vetomessage, Newsomacknowl- edged California’s aging canal systems suffer from subsidence issues, but added he thinks the state should “identify solu- tions and funding that provideswater sup- ply and conveyance for the entirety of the

state, not one project at a time.” Danny Merkley, director of water re- sources for the California Farm Bureau Federation, said he was disappointed in thevetomessage,whichhe said represent- ed “another example of how government studies projects todeath.” “In our farming operations, we study and move forward, taking action to stay productiveand inbusiness,”Merkley said. “If we looked at every ship as the Titanic, we’d never set sail.”

Jason Phillips, chief executive of the FriantWater Authority, described the veto as “yet anothermissedopportunity for this administration to partner withmillions of Californians in rural and agricultural com- munities,especiallythosewhoworkhardto provide for their families while producing half of thenation’s fruits andvegetables.” The authority and the federal Bureau of Reclamationhaveworkedformorethantwo years toplanandfinancerepairs, headded. The bill was one of dozens awaiting ac- tionfromthegovernorafter theLegislature adjourned for the year Aug. 31. Newsom had until Sept. 30 to sign or veto bills that reached his desk before adjournment. The governor signed a number of bills affecting agricultural employers, several resulting fromthe COVID-19 pandemic. Assembly Bill 2043 requires the state Division of Occupational Safety and Health, Cal/OSHA, to disseminate infor- mation about best practices for prevent- ing COVID-19 infection, and towork with groups representing employers and em- ployeesonanoutreachcampaign. Thebill requires Cal/OSHA to report findings and resultsof any investigations intoCOVID-19 illnesses at agricultural worksites. AB 2043 was one of several bills in a package by Assemblyman Robert Rivas, D-Hollister.Newsomsignedanotherofthese bills, AB2165, whichexpands electronic fil- ing of court cases for rural areas; he vetoed AB2164, aimedat expandingaccess to tele- healthservices for agricultural employees. Two more COVID-19-related bills also earned the governor’s signature: AB 685 requires employers to report to Cal/ OSHAand the stateDepartment of Public Health any COVID-19 cases they “knew or should have known of,” according to the bill’s text; employers who fail to do so could be held criminally liable. SB 1159 adds COVID-19 to the workers’ compen- sation insurance systemandcreates adis- putable presumption that the employee inquestion caught the disease on the job. The bill specifically names agricultural fields as a place of employment. SB 1383, also signed by the governor, expands the California Family Rights Act to require employerswith five ormore em- ployees to provide asmany as 12 weeks of unpaid leave to tend to a newchild or look afteranimmediatefamilymemberwhoisill. However, the governor vetoed SB 1102, whichwouldhaverequiredagriculturalem- ployers tomake duplicative employment disclosures to H-2A visa holders, and AB 1066,whichwouldhaveallowedpeople fil- ing for unemployment insurance to claim maximumbenefits if their formeremployer couldn’tmeet a10-day turnaround forpro- vidingearnings records. ThegovernorsignedAB1788,whichout- laws anticoagulant rodenticides that can poisonmountain lions and other wildlife that eat rodents killed by thematerials. As Ag Alert® reported lastmonth, the bill con- tainsanexemptionforall agricultural sites, including packing sheds, canneries, pro- cessing facilities anddistribution centers. Newsomsignedanumber of bills in late September aimed at addressing wildfire preparednessandresponse.Themeasures

Hopes for expediting repairs to the Friant-Kern Canal sank when Gov. Gavin Newsomvetoed a bill aimed at helping to fix the crucial waterway. Senate Bill 559would have required the Department of Water Resources to report to the Legislature by March 31, 2021, on federal funding approved by Congress for theFriantWaterAuthorityor another enti- ty to restore the canal’s capacity. About 20

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See LEGISLATION, Page 10

6 Ag Alert October 7, 2020

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