By host on
5/4/2012
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Written by
Craig Regelbrugge
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For Immediate Release
April 27, 2012
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On April 26, a federal judge in northern Florida issued a preliminary injunction blocking the U.S. Department of Labor from implementing a new rule that would have fundamentally altered – for the worse – the H2B temporary and seasonal worker program that is important to many nursery and landscape industry employers. ANLA and a growing number of state nursery and landscape associations have provided various types of support for the legal battle, brought by a range of plaintiffs including the U.S. Chamber of Commerce, PLANET, and other allies.
Judge Rodgers issued a preliminary injunction preventing the Department of Labor from implementing the program rule. The rule was set to take effect April 27. The ruling will also impact DOL’s plans to implement the wage rule on October 1. While the ruling was in Florida, the decision applies nationwide. This is a huge victory for the entire vertically integrated green industry.
Much credit goes to an excellent legal team representing the plaintiffs in the case. That team includes Monte Lake who serves as ANLA’s immigration and employment law counsel. The Department of Justice will likely appeal the decision, but any legal challenge will take a quite a while to play itself out. In the meantime, ANLA is pleased that the H2B program will continue to be a workable and legal source of labor for the landscape industry.
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By host on
4/30/2012
Hi all. As we expected, the Senate Agriculture Committee has just released a summary as well as legislative language for the Farm Bill. Mark-up of the bill is scheduled for Wednesday, April 25 at 9:00 a.m. in room 328A of the Russell Building. Below are some highlights of the proposal - please note there are several key items we are reviewing and more information will be shared as we get it. Attached you will find the Committee summary as well as the full legislative text.
It’s a really busy time for the industry to generate much grassroots, but it would be worth interested associations that have members on Senate Ag to send supportive letters. We’ll follow up on Monday…
Thanks! Craig
Highlights:
Block Grants:
· $70 million per year which expands the baseline by $15 million per year
· Base grants for everyone goes up from $183,000 to $233,000
· They have included both a value and acre formula to remaining funding (approx $53 million).
· Multi-State component is included with ramps up from $1 million in FY13 to $5 million FY17. AMS will develop rules on this and how to be administered. Grants can focus on the following areas:
o Food Safety
o Commodity specific issues
o Pest and Disease
o Secretary determines necessary
Pest and Disease:
· $60 million FY13-16 ($10 million increase)
· $65 million FY 17 (15 million increase)
· Combines National Clean Plant Network with more general pest and disease section but the language clearly retains the Network as a priority.
Specialty Crop Research Initiative:
· $25 million FY13 ; $30 million FY14 and FY15; $65 million FY16 and $50 million for FY17 and establishes permanent baseline.
· Have tied SCRI to requiring “consultation” with NAREE Specialty Crop Committee.
· Did not get the 10% waiver or matching waiver
Craig J. Regelbrugge
Vice President, Government Relations
American Nursery & Landscape Association
For Chairwoman Stabenow's summary of the Farm Bill Committee HERE.
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By host on
4/10/2012
Below is a list of bills pertaining to surface and ground water management. Provided also is a link to view each bill.
HB 990 Includes licensing requirements for water well pump installers
HB 532 Extends sunset date of Act 955
SB 495 Changes powers and duties of Ground Water Resources Commission
SB 498 Authorizes Dept. of Ag to administer surface water management
SB 502 Requires annual reports from certain special districts regarding groundwater resources
SB 532 Provides for certain requirements for use of Chicot Aquifer water
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By host on
4/10/2012
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Dear WaterSense Stakeholder:
As part of the process to modify the specification, WaterSense is providing an opportunity for public comment and encourages participation to support the modification, express concerns, or suggest alternate approaches and criteria. Information gathered through this process may be used to further refine the specification before a final version is issued.
With this draft, WaterSense proposes to allow homes constructed in multi-family buildings to earn the first national label for water efficiency. In addition to expanding the program to include homes in multi-family buildings, draft version 1.1 updates certain requirements based on lessons learned and new product technologies available in the market since the release of the specification in December 2009.
The public meeting will be held via teleconference and webinar on April 19, 2012 from 1:00 to 3:00 p.m. Eastern Daylight Time. Please register in advance if you are interested in attending this meeting. Call-in and other meeting information will be emailed to participants upon registration.
EPA requests that all comments be submitted in writing, including comments that are made during the course of the public meeting. If you are unable to attend the webinar, you can still submit written comments. Visit http://www.epa.gov/watersense/new_homes/homes_final.html for more detail.
Thank you for your interest in the WaterSense program.
Regards,
The WaterSense Team
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By host on
4/6/2012
Speak (out) now, or...
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Written by
Craig Regelbrugge
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For Immediate Release
April 4, 2012
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Calling all green industry professionals willing to take a few moments to shape the future! The American Nursery & Landscape Association and the Lighthouse national grassroots project have two new grassroots alerts posted. The first is in support of Senate and House resolutions disapproving of the Department of Labor’s devastating rewrite of the H-2B temporary and seasonal worker program. The program, vital to many involved in landscape contracting and maintenance, may cease to function under the new rules.
The second alert is in support of the RESTORE Act, H.R. 4293. RESTORE would exempt true brick and mortar businesses with 20 or fewer full-time employees from having their loans count against the business lending cap placed on credit unions. It also would require the National Credit Union Administration to issue guidelines for an appropriate amount of lending to credit worthy businesses while ensuring for safety and soundness of those institutions. RESTORE’s goal is to take these modest steps to ease the credit crunch that continues to affect many Main Street type businesses.
Visit www.capwiz.com/anla/home to let your elected officials know of your support for these important legislative efforts.
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By host on
4/6/2012
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Dear WaterSense Stakeholder:
The proposed modifications to the WaterSense specification for new homes include:
o expanding the scope to allow homes in multi-family buildings to qualify for the WaterSense label,
o modifying the landscape design options,
o addressing/updating other technical issues and product requirements.
EPA encourages all interested partners and other stakeholders to review and provide comments on the revised draft specification before May 07, 2012 using the comment template available on theWaterSense website.
For any questions regarding the WaterSense program in general, please contact the WaterSense Helpline at (866) WTR-SENS (987-7367) or e-mail watersense@epa.gov.
Sincerely,
The WaterSense Team
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By host on
3/29/2012
Take Action!
Congress needs to hear from our industry that it must preserve the program
that brings us most of our legal options for controlling plant pests.
The IR-4 Project was established by Congress in 1963 to assist domestic
growers of fruits, vegetables, herbs, nursery and greenhouse plants, and
other specialty crops by facilitating through US EPA the registration of
safe and effective technologies to protect these high value crops from
insects, plant diseases, weeds and other pests.
IR-4 research has supported the registration and legal use of over half the
crop protection tools now labeled for nursery and greenhouse use! Many of
these tools and technologies –traditional chemicals, biopesticides, and
other reduced risk materials – have also been successfully labeled for use
in managed landscapes.
In the current federal budget, Congress provided dedicated funding for the
IR-4 Project. However, President Obama’s 2013 budget plan eliminates
dedicated funding for Minor Crop Pest Management (IR-4) and proposes to
consolidate IR-4 Project funds with funds for other unrelated pest
management programs into a single new line item called Crop Protection.
The American Nursery & Landscape Association and other organizations
representing specialty crop producers believe the budget consolidation
jeopardizes IR-4. Now, more than ever, adequate funding for the IR-4 Project
is absolutely necessary to ensure registration of pest management tools for
nursery and greenhouse uses.
Please contact your U.S. Senators and Representative in the House
immediately to ask that the IR-4 Project be maintained as a separate budget
line item in the USDA budget. For more information, you may visit Save IR-4
at www.SaveIR-4.org
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By host on
3/19/2012
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Written by
Marc Teffeau
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For Immediate Release
February 29, 2012
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The IR-4 Project was established by Congress in 1963 to assist domestic growers of fruits, vegetables, herbs, ornamentals and other specialty crops by facilitating through US EPA the registration of safe and effective technology to protect these high value crops from insects, plant diseases, weeds and other pests. In FY 2012, IR-4 was funded by Congress under USDA-NIFA Research and Extension Activities at $11.913 million. Additionally, USDA-ARS was provided with slightly less than $4.0 million for a companion research effort.
President Obama, in his FY2013 budget plan, eliminated funding for Minor Crop Pest Management (IR-4) and proposed to consolidate IR-4 Project funds with funds from various IPM programs into a new project call Crop Protection. Specialty crop producers are very concerned as to how this budget consolidation will eliminate the activities of the IR-4 Project to support research for pesticide labeling for specialty crops. Specialty crops growers believe that now, more than ever, adequate funding for the IR-4 Project is absolutely necessary to assist them to provide the public with safe fruits, vegetables and ornamental plants at a reasonable price.
For more information click here.
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By host on
3/19/2012
PROPOSED "CROP PROTECTION PROGRAM" JOINS SIX FUNDING LINES
The President’s FY2013 budget for USDA's National Institute of Food and Agriculture (released Feb. 13, 2012) proposes consolidation of six IPM-related funding lines into a single line called the “Crop Protection Program.” This new program, to be administered under Integrated Activities, is designed to enhance NIFA's ability to support research, education, and extension activities needed to ensure global food security and respond to other major societal challenges.
Details of the funding line changes are explained in the document FY 2013 Budget Explanatory Notes for the National Institute of Food and Agriculture (pdf), which says the new program "will provide support for projects that respond to pest management challenges with coordinated region-wide and national research, education and extension programs, and serve as a catalyst for promoting further development and use of IPM approaches. The program will also foster regional and national team building efforts, communication networks, and enhanced stakeholder participation" (p. 17-81).
The Crop Protection Program would replace several programmatic lines, including:
- Expert Integrated Pest Management (IPM) Decision Support System
- IPM & Biological Control
- Minor Crop Pest Management IR-4
- Pest Management Alternatives Program
- Smith-lever 3(d) Pest Management (State IPM Coordinators)
- Regional IPM Centers
LISTENING SESSIONS SCHEDULED
IPM stakeholders—especially those who receive funding directly or indirectly from NIFA—should be aware of these proposed changes and weigh in on plans for the future. NIFA will hold a series of listening sessions to gather stakeholder input on how the new Crop Protection line item should be implemented (official announcements of these sessions will be published in the Federal Register):
- March 29, 2012 (2:00-5:00pm CT) at the conclusion of the 7th International IPM Symposium in Memphis, TN.
- April 11 (via web and conference call)
- April 16 (Washington, DC at the Waterfront Center, NIFA offices)
- May 1, 2012 (via web and conference call).
Please feel free to contact the Northeastern IPM Center if you'd like to share questions or feedback with us, or make plans to discuss how these changes might affect IPM in our region.
OVERVIEW OF THE CROP PROTECTION PROGRAM
Key information about the Crop Protection Program is excerpted here (from pp. 17-81 and 17-82 of NIFA's FY 2013 Budget Explanatory Notes):
The consolidated IPM program will provide support in five areas:
Plant Protection Tactics and Tools. This program area will support the development and introduction of new pest management tactics into agricultural production systems. In some cases, the program will develop new tactics that provide the breakthrough needed to fundamentally change a pest management system, resulting in greater profitability and smaller environmental and health risks. In other cases, the program will support the introduction of a new replacement tactic when a critical tactic is no longer available due to development of pest resistance, regulatory action or marketing decisions of manufacturers. The loss of a key management tactic can have devastating impacts on productivity, product quality and profitability. Examples include the impending loss of methyl bromide, the loss of effectiveness of glyphosate due to the development of resistant weed populations, and the endocrine disruptor issue associated with atrazine in runoff.
Diversified IPM Systems. Diversified IPM systems represent the long-term sustainable solution to many pest management problems. This program will support long-term projects focused on the development and implementation of innovative IPM systems on an area or landscape basis. The outcomes associated with IPM systems projects will be reduced reliance on single pest management tactics, the reduction of potential risks to human health and the environment caused by pests or the use of pest management practices, and increased economic benefits of adopting IPM practices. IPM systems projects will typically be multi-state or regional in scale and will involve multiple managed ecosystems with emphasis on enhanced stability and sustainability of IPM systems. The projects supported will be broad and systems-oriented efforts, with involvement of relevant disciplinary and subject matter experts in plant and animal sciences, water quality, food safety, and other relevant areas.
Enhancing Agricultural Biosecurity. This program area will support the development and maintenance of key information systems, networks, and decision support tools that provide the knowledge infrastructure needed for early detection and the application of science-based IPM systems for invasive, emerging and high-consequence pests that threaten U.S. agriculture. The program will support formal and informal education/training programs, and the development of pest management data and information needed by pest managers, regulatory agencies and policy makers to improve their ability to respond appropriately to endemic and exotic pests and diseases.
IPM for a Sustainable Society. Much of the IPM knowledge and expertise developed for agricultural systems has direct application in non-traditional settings. As IPM becomes more relevant in the areas that are fringe to agricultural crop production, much of what is learned can be applied to less traditional areas of food and quality of life on the rural-urban interface. For example IPM discoveries can be applied to urban pests (including Asian Long-horned Beetle, Emerald Ash Borer, and Laurel Wilt) and in community gardens. In addition, knowledge gained from IPM can be applied to pests/pesticides within living spaces in schools and homes.
Development of the Next Generation of IPM Scientists. This program area will support education programs needed to prepare the next generation of IPM scientists. Education efforts will focus on the training of interdisciplinary IPM scientists and IPM discipline experts such as new age systematists who are able to link to traditional methods. Support also will be provided for curriculum development, including web-based courses.
Additional information about the proposed budget is available at USDA's website.
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By host on
3/9/2012
Hi folks. If you are wondering where the H2B(attles) are right now, here is a brief and very forthright update.
As you may recall, we are fighting an extremely onerous wage rule that was scheduled to take effect about October 1, but was temporarily delayed first by the Labor Department and then Congress. And, we are fighting a more recent and disastrous program rewrite that is now scheduled to take effect April 23. Both are deeply problematic. Together, they spell the demise of the only labor “safety net” available to our landscape distribution, installation, and maintenance members.
As you may recall, two lawsuits were filed challenging the wage rule. One, filed in western Louisiana, is on the rocks. First, a group of union and worker advocate interests successfully intervened. Next, forces arrayed against our industry petitioned to have the lawsuit moved to eastern Pennsylvania, a very liberal and hostile federal court district. They succeeded.
The second lawsuit was filed in northern Florida. This is the suit that has the support of PLANET, ANLA, and several state associations including Maryland, Virginia, Minnesota, and Colorado. This suit is alive and promising. A union intervention attempt has been beaten back. A motion to relocate the suit has not succeeded. We have a game on.
But now we face the threat of the overall program rewrite. The only game in town, with respect to fighting it, will be to either amend the Florida suit, or file an additional one. If the rule is allowed to go forward as proposed, it is fair to say that H2B is basically dead as a seasonal labor force option.
Interestingly, we all are now in the middle of a battle that is becoming way bigger than we are. Loosely paraphrasing Ben Bolusky from many years ago…who was probably loosely paraphrasing a Chinese proverb from many many many years ago, when elephants fight, the grass suffers. The AFL-CIO has apparently decided that our little H2B matter is a proxy for how any temporary worker program ought to be shaped in any future immigration bill. Which has the US Chamber considering its own involvement, mostly to provide legal expertise and support on our collective behalf, in an effort at business self-preservation.
Elephants aside for a moment, the decision whether or not to challenge the overall program rule hinges on funding. (This is in part why we are writing today). The overall effort is something like $25 k short of where it needs to be to take the next step. ANLA cannot carry the ball, having extensively funded (from reserves, and with the help of some of your organizations) years of proactive efforts in a more promising time for immigration reform generally. More lately, we’ve faced a chronic lack of support for such industry-wide initiatives. We are not sure others can step up now, since we as an industry are facing epic challenges on several fronts (boxwood blight being just one other example).
But we wanted to be in touch, and to be candid, in the event that some of you may have resources, or members with resources, that can be enlisted for the urgent challenge at hand. At a minimum, we would not want to see the program crash, and have you (or your members) wonder why Paul Revere did not alert the village of the threat. The village is at risk, and the assault is by land, not sea…
I promised brief, so will end now. But if you have questions, feedback etc. please be in touch. Craig
Craig J. Regelbrugge
Vice President, Government Relations
American Nursery & Landscape Association
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By host on
11/9/2011
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Help Save the H-2B Program
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Take Action!
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As you know, two pending Department of Labor (DOL) regulations will make the H-2B program virtually unusable. Several Senators and Members of Congress are aware of the harm that the rules will pose for small businesses and plan to send a letter to DOL asking the Department to rescind both the final H-2B wage rule and the March 18 H-2B proposed rule! Please call your Senators and Member of Congress today and ask them to sign the below letter that is being circulated by Rep. Rob Wittman (R-VA).
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By host on
11/9/2011
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For Immediate Release September 14, 2011
For additional information contact:
Jonathan Bardzik, Director of Marketing and Industry Relations
202-789-2900
E-Verify to Be Taken Up
in House Committee This Week
Washington, D.C.— On September 15, the House Judiciary Committee will take up and consider Chairman Lamar Smith’s Legal Workforce Act legislation (H.R.2164) mandating that all U.S. employers use the E-Verify system within three years. E-Verify is the electronic system for verifying whether a prospective hire is legally authorized to work in the U.S. It is currently voluntary.
The American Nursery & Landscape Association, along with partner seasonal and agricultural employer organizations, have sounded the alarm over the impact of E-Verify without labor supply solutions for U.S. agriculture and seasonal employers. Government and private estimates suggest that upwards of 75 percent of hired farm workers lack proper work authorization, and would be screened out by E-Verify, leading to a national crisis much like that experienced in the state of Georgia when a state-level immigration bill was passed there earlier this year. Georgia growers have already estimated labor shortages as high as 30 to 50 percent, and crop losses that could exceed $300 million in 2011 alone.
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By host on
11/9/2011
A request from Tom Delaney, Director of Government Affairs at PLANET.
Hi All
I am asking you to consider contacting key legislators to urge your support of important policy provisions contained within the draft bill funding the Labor Department for the next fiscal year.
Your Help Needed:
While we are pleased that these priorities, described below, have been included within the bill, this is just the first step toward enacting any of them. For such a provision to be adopted, ultimately both the House and Senate will need to approve them in legislation that is sent to the President. Obviously, this will be an uphill battle and, while not impossible, the window of opportunity is now small. The likelihood of any of these provisions making it into final legislation will be strengthened if the Subcommittee meets and approves the draft legislation. Consequently, we encourage you to communicate your support for these provisions to all Members of Congress, but in particular to the Republicans on the House Labor-HHS Appropriation Subcommittee.
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By host on
11/9/2011
FALLS CHURCH, VA. (Oct. 25, 2011) – The Irrigation Association applauds the recent
announcement of the WaterSense program’s intent to remove the 40 percent turfgrass
restriction from the single-family new home specification. WaterSense’s announcement
culminates three years of the Irrigation Association’s efforts to remove this option from
the new homes specification.
Released in December 2009, the final specification of the WaterSense single-family new
home labeling program that enabled a new home to qualify for a WaterSense label
contained two options for landscape design: 1) adhere to a water budget tool, or 2)
restrict the use of turfgrass to 40 percent of the landscapable area. With the recent
announcement by WaterSense, the only requirement for builders wishing to be eligible
for this labeling would be to adhere to the water budget tool.
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