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California Government Relations Network  Announcement



Government Relations Chairman 
& Lobbyist in action!
California Government Relations Network  Announcement 

Attached please find the CARB Announcement to golf courses concerning the upcoming regulations regarding diesel equipment. Please note that most golf courses will fall in the small fleet category and have until August 2009 to register all affected equipment. All golf course superintendents are encouraged to log on the CARB website to get all of the necessary information that is required to comply with this new regulation. These links can be found below for easy reference and guidance.

Off road diesel small fleet reference: View Here
Off Road Diesel Early Action Reference: View Here
Guidance Advisory: View Here


Bulletin from Department of Pesticide Regulation

"Draft Regulatory Concept tp Prevent Pesticide Contamination of Surface Water"
View Regulatory Draft >>>HERE


March 6, 2009
Government Relations Chairman & Lobbyist in action! 

Attached please find the CARB Announcement to golf courses concerning the upcoming regulations regarding diesel equipment. Please note that most golf courses will fall in the small fleet category and have until August 2009 to register all affected equipment. All golf course superintendents are encouraged to log on the CARB website to get all of the necessary information that is required to comply with this new regulation. These links can be found below for easy reference and guidance. 

http://www.arb.ca.gov/msprog/ordiesel/documents/offrddieselsmallfltsFS.pdf 

http://www.arb.ca.gov/msprog/ordiesel/documents/OffRoadDieselEarlyActionsFS.pdf 

http://www.arb.ca.gov/msprog/ordiesel/guidanceadvisory.htm 

--------------------------------------------------------------------------------

Bulletin from Department of Pesticide Regulation
"Draft Regulatory Concept tp Prevent Pesticide Contamination of Surface Water" 
View Regulatory Draft >>>HERE 

--------------------------------------------------------------------------------

Legislative bills that Jim Husting has marked for tracking/monitoring for the CGCSA
View Bills >>>HERE 

James C. Husting, CGCS 
Chairman, Government Relations 
California GCSA 
jchust@sbcglobal.net 



Subject: Enforcement Advisory

Thank you for your input on the enforcement advisory regarding new idling limits and disclosure/record retention requirements.  We are currently incorporating changes based on your input.  We will be including a section that details what minimal components should be included in the written idling policy.  If at all possible, please provide me a list of what you think should be included, minimally, in the written idling policy.  Please submit your list by 5 p.m. on Friday.  Thank you.

Sincerely,
Beth White 

Heavy-Duty Diesel In-Use Strategies Branch Air Resources Board
1001 I Street
Sacramento, CA 95814
Phone: (916) 324-1704
Fax: (916) 323-5526


06/04/2008   GAAS:307:08   FOR IMMEDIATE RELEASE

Governor Schwarzenegger Proclaims Drought and Orders Immediate Action to Address Situation
Following two straight years of below-average rainfall, very low snowmelt runoff and the largest court-ordered water transfer restrictions in state history, Governor Arnold Schwarzenegger today proclaimed a statewide drought and issued an Executive Order, which takes immediate action to address a dire situation where numerous California communities are being forced to mandate water conservation or rationing. The lack of water has created other problems, such as extreme fire danger due to dry conditions, economic harm to urban and rural communities, loss of crops and the potential to degrade water quality in some regions.

"For the areas in Northern California that supply most of our water, this March, April and May have been the driest ever in our recorded history," Governor Schwarzenegger said. "As a result, some local governments are rationing water, developments can't proceed and agricultural fields are sitting idle. We must recognize the severity of the crisis we face, so I am signing an Executive Order proclaiming a statewide drought and directing my Department of Water Resources and other entities to take immediate action to address the situation."

Today's Executive Order directs the Department of Water Resources (DWR) to:

Facilitate water transfers to respond to emergency shortages across the state. 
Work with local water districts and agencies to improve local coordination. 
Help local water districts and agencies improve water efficiency and conservation. 
Coordinate with other state and federal agencies and departments to assist water suppliers, identify risks to water supply and help farmers suffering losses. 
Expedite existing grant programs to help local water districts and agencies conserve. 
This Executive Order also encourages local water districts and agencies to promote water conservation. They are encouraged to work cooperatively on the regional and state level to take aggressive, immediate action to reduce water consumption locally and regionally for the remainder of 2008 and prepare for potential worsening water conditions in 2009. As part of the Executive Order, DWR will work with locals to conduct an aggressive water conservation and outreach campaign.

Last month, DWR's final snow survey of 2008 showed snowpack water content at only 67 percent of normal and the runoff forecast at only 55 percent of normal. As conditions continue to worsen across California, it underscores the state's need for infrastructure improvements to capture excess water in wet years to use in dry years like this one.

"This drought is an urgent reminder of the immediate need to upgrade California's water infrastructure. There is no more time to waste because nothing is more vital to protect our economy, our environment and our quality-of-life. We must work together to ensure that California will have safe, reliable and clean water not only today but 20, 30 and 40 years from now.

Beginning with the first Strategic Growth Plan in 2006, the Governor called for a comprehensive plan to address California's urgent water needs. The Governor renewed that call in his 2008-09 budget by proposing an $11.9 billion water bond for water management investments that will address population growth, climate change, water supply reliability and environmental needs. Specifically, the bond includes:

Water Storage: $3.5 billion dedicated to the development of additional storage. 
Delta Sustainability: $2.4 billion to help implement a sustainable resource management plan for the Delta. 
Water Resources Stewardship: $1.1 billion to implement river restoration projects. 
Water Conservation: $3.1 billion to increase water use efficiency. 
Water Quality Improvement: $1.1 billion for efforts to reduce the contamination of groundwater. 
Other Critical Water Projects: $700 million for water recycling, hillside restoration for areas devastated by fire and removal of fish barriers on key rivers and streams. 
The Governor is committed to gaining consensus on a bipartisan legislative solution for California's future.

In February, Governor Schwarzenegger sent a letter to Senators Perata, Steinberg, and Machado clarifying the administrative actions under consideration as part of a comprehensive solution in the Delta. 
Also in February, the Governor hosted a meeting with Senator Feinstein, legislative leaders and key stakeholders to discuss rebuilding California's water infrastructure. 
In December 2007, the Governor applauded the work of the Delta Vision Blue Ribbon Task Force and committed to continuing to work with legislative leaders on a comprehensive water solution. 
In September 2007, the Governor introduced a comprehensive water infrastructure proposal during the legislative special session, building off of the plan he introduced in January 2007 as part of the 2007-08 budget. 
In July 2007, the Governor directed DWR to take immediate action to improve conditions in the Delta, to help restore its natural habitat and protect the Delta smelt and other species. 
Text of the Executive Order: 

EXECUTIVE ORDER S-06-08

WHEREAS Statewide rainfall has been below normal in 2007 and 2008, with many Southern California communities receiving only 20 percent of normal rainfall in 2007, and Northern California this year experiencing the driest spring on record with most communities receiving less than 20 percent of normal rainfall from March through May; and 

WHEREAS California is experiencing critically dry water conditions in the Sacramento and San Joaquin River basins and the statewide runoff forecast for 2008 is estimated to be 41 percent below average; and

WHEREAS water storage in many of the state's major reservoirs is far below normal including Lake Oroville, which supplies the State Water Project, at 50 percent of capacity, Lake Shasta at 61 percent of capacity and Folsom Lake at 63 percent of capacity; and

WHEREAS the Colorado River Basin has just experienced a record eight-year drought resulting in current reservoir storage throughout the river system reduced to just over 50 percent of total storage capacity; and

WHEREAS climate change will increasingly impact California's hydrology and is expected to reduce snowpack, alter the timing of runoff and increase the intensity and frequency of droughts in the western United States; and

WHEREAS diversions from the Sacramento-San Joaquin River Delta for the State Water Project (SWP) and federal Central Valley Project (CVP) are being greatly restricted due to various factors including federal court actions to protect fish species, resulting in estimated SWP deliveries of only 35 percent, and CVP deliveries of only 40 percent, of local agencies' requested amounts for 2008; and

WHEREAS dry conditions have created a situation of extreme fire danger in California, and these conditions resulted in devastating fires last year, resulting in proclamations of emergency for the counties of El Dorado, Los Angeles, Orange, Ventura, Santa Barbara, Riverside, San Bernardino, Santa Clara, Santa Cruz and San Diego, with wildfires there causing millions of dollars in damages; and 

WHEREAS on May 9, 2008, I signed an Executive Order directing various agencies and departments within my administration to respond to these dry conditions and prepare for another potentially severe wildfire season; and

WHEREAS the current drought conditions are harming urban and rural economies, and the state's overall economic prosperity; and

WHEREAS some communities are restricting new development and mandating water conservation and rationing, and some farmers have idled permanent crops and are not planting seasonal crops this year, because of unreliable or uncertain water supplies; and 

WHEREAS recent supply reductions have jeopardized agricultural production in the San Joaquin Valley; an

WHEREAS it is not possible to predict the duration of present drought conditions; and

WHEREAS while communities throughout the state have worked to significantly improve their drought preparedness, the readiness to cope with current and future drought conditions varies widely; and

WHEREAS immediate water conservation measures are needed this year to address current conditions and prepare for a dry 2009; and 

WHEREAS the State of California is committed to enhancing drought response and drought preparedness and to protecting the state's economy and its environment

NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, do hereby proclaim a condition of statewide drought, and in accordance with the authority vested in me by the Constitution and statutes of the State of California, do hereby issue the following orders to become effective immediately

IT IS HEREBY ORDERED that the Department of Water Resources (DWR) shall take immediate action to address the serious drought conditions and water delivery limitations that currently exist in California, and that are anticipated in the future, by taking the following actions:

Expedite existing grant programs for local water districts and agencies for new or ongoing water conservation and water use reduction programs and projects that are capable of timely implementation to ease drought conditions in 2008 or 2009. 
Facilitate water transfers in 2008 to timely respond to potential emergency water shortages and water quality degradation, and prepare to operate a dry year water purchasing program in 2009. 
In cooperation with local water agencies and other water-related organizations, conduct an aggressive water conservation and outreach campaign. 
Immediately convene the Climate Variability Advisory Committee to prioritize and expedite drought-related climate research that will assist in responding to current drought conditions and help prepare for a potentially dry 2009. 
Provide technical assistance for drought response to local water agencies and districts for improving landscape and agricultural irrigation efficiencies, leak detection and other measures as appropriate. 
Review the water shortage contingency elements of Urban Water Management Plans and work cooperatively with water suppliers to implement improvements. 
Coordinate and implement State Water Project operations and water exchanges to alleviate critical impacts to San Joaquin Valley agriculture. 
Implement additional actions to facilitate drought response, preparedness and promote water conservation in 2008 and 2009, and which will contribute to achieving long term reductions in water use. 
IT IS FURTHER ORDERED that DWR and the Department of Public Health (DPH) prioritize processing of loan and grant contracts for water suppliers and public water systems demonstrating drought-related hardships.

IT IS FURTHER ORDERED that DWR and DPH coordinate with the State Office of Emergency Services and local offices of emergency services to identify public water systems at risk of experiencing health and safety impacts due to drought conditions and water delivery limitations, and to mitigate such impacts. 

IT IS FURTHER ORDERED that DWR and DPH work with local water districts to evaluate system interconnections among the state's large water purveyors, review the status or availability of mutual aid agreements among those large water purveyors, and work with the parties to those mutual aid agreements to correct any deficiencies that restrict the movement of water in an emergency situation

IT IS FURTHER ORDERED that DWR coordinate with the California Public Utilities Commission to identify investor-owned water utility systems at risk of experiencing health and safety impacts due to drought conditions and water delivery limitations, and to mitigate such impacts. 

IT IS FURTHER ORDERED that DWR work with the Department of Food and Agriculture (CDFA), the United States Department of Agriculture and the United States Bureau of Reclamation to identify potential federal funding for local water agencies and farmers to facilitate the rapid installation of best available irrigation management and conservation systems.

IT IS FURTHER ORDERED that the CDFA work with county Agricultural Commissioners and others as necessary to identify and gather data on crop losses and other adverse economic impacts caused by the drought and, when necessary, transmit that information to the appropriate federal and state agencies.

IT IS FURTHER STRONGLY ENCOURAGED that local water agencies and districts work cooperatively on the regional and state level to take aggressive, immediate action to reduce water consumption locally and regionally for the remainder of 2008 and prepare for potential worsening water conditions in 2009. 

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Executive Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Executive Order. 

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 4th day of June 2008.

                                    ________________________________

                                    ARNOLD SCHWARZENEGGER
                                    Governor of California
                                     ATTEST:
                                    ________________________________
                                    DEBRA BOWEN
                                    Secretary of State


James C. Husting, CGCS
Chairman, Government Relations
California GCSA
jchust@sbcglobal.net

 Governor to issue drought decree, press for more conservation
By Michael Gardner 
SAN DIEGO UNION –TRIBUNE SACRAMENTO BUREAU

June 4, 2008

SACRAMENTO – Gov. Arnold Schwarzenegger will formally declare today that the state has plunged into a drought, putting Californians on notice that rationing could be next if conservation efforts are not stepped up.

“The governor is ringing the bell. We're heading over a cliff,” Lester Snow, director of the state Department of Water Resources, said in an exclusive interview with The San Diego Union-Tribune.

Schwarzenegger will issue an accompanying executive order to launch an aggressive campaign to transfer water to parched regions, pursue federal aid, quickly funnel more state money to conservation projects and to lay the foundation for a emergency water bank, beginning in 2009, that would be filled by supplies purchased from farmers.

The state is already feeling repercussions of drought conditions, from idled farmland to reduced deliveries to metropolitan areas between San Diego and the Silicon Valley. Relief is a gamble, given the changing weather patterns blamed on global warming, Schwarzenegger plans to say.

This will be the first statewide drought declaration since 1991, when Gov. Pete Wilson declared an emergency in the fifth year of a punishing dry spell that extended into 1992.

Much of California endured a record dry spring. The numbers are grim: Runoff in the vital Sacramento and San Joaquin River basins is 41 percent below average. Snowfall was a dismal 67 percent of normal.

The picture doesn't improve with the state's reservoirs. Lake Oroville is half full, Lake Shasta is at 61 percent capacity and Folsom Lake is 63 percent of normal. Along the Colorado River, despite a better-than-average snowpack in that basin, lakes Mead and Powell are about half full.

If there's no dramatic improvement next rainy season, California will have less water in storage in 2009 than it had during the worst of the disastrous 1976-77 drought, Snow said.

The governor plans to challenge water purveyors, even those with sufficient local supplies, to accelerate savings.

“Not everybody is sending the same message,” Snow said of the different responses to looming shortages. “The governor is saying the entire state has a problem.”

The threat varies by region, depending on water sources. That makes it politically difficult for water agencies to tell their customers to turn off the tap when there is no local shortage. For example, the water district serving Oakland and Berkeley has imposed rationing, but the district serving San Francisco has not. In Southern California, Long Beach is the only major metropolitan area to order conservation.

Metropolitan Water District directors on Tuesday plan to issue a regional supply alert that encourages agencies that buy its water to actively enforce conservation ordinances, such as those limiting outdoor use.

If that fails, “the next step is rationing,” said Jeffrey Kightlinger, Metropolitan's general manager.

And that appears to be the governor's message as well, Kightlinger said.

“He is trying to give people a warning . . . trying to not hit people with the Draconian step first,” Kightlinger said.

The San Diego County Water Authority has been relying on voluntary conservation encouraged by an extensive outreach program.

It's unclear just how far the governor's powers extend if he moved toward rationing statewide, his aides said. What is certain is the governor can set priorities for where the state delivers supplies, perhaps using that authority to persuade reluctant agencies to cooperate.

The governor also plans to renew his demand that lawmakers pass a $11.7 billion bond measure that would finance storage facilities, conservation programs and projects to revitalize the troubled Sacramento delta, the hub of the state's water supply network.

“We're going to living from snowstorm to snowstorm until we do a long-term fix,” Snow said.

In many respects, this water crisis could be more threatening than the 1987-92 drought, water officials say.

California is already losing vast amounts of water – enough for more than 1 million households a year – under a federal court order to protect a rare tiny fish, the delta smelt.

A multistate deal to share the Colorado River resulted in Metropolitan Water District losing the rights to about 700,000 acre-feet, enough for 1.4 million households for a year.

At the same time, California continues to grow. And much of the easiest and cheapest conservation has been implemented.

Schwarzenegger had previously issued a call for 20 percent conservation by 2020. Democrats are pushing Assembly Bill 2175 that would gradually enact that target, and the governor is in negotiations with the author.

“We're expecting 10 million more people in California over the next 25 years,” said Assemblyman John Laird, D-Santa Cruz, who is carrying the bill. “It's time to do everything we can for our water future. This is one piece of what we have to do.”

Schwarzenegger's directives to be released today may draw some criticism from environmentalists, many of whom oppose new reservoirs and will question why it is does not include specific actions to safeguard fish and wildlife from water shortages.

Snow, the state water official, said water set aside to protect the smelt will also benefit other fish and the Sacramento delta estuary. Lake Oroville levels also are being managed for optimum releases to help salmon.

“We already have the environment covered in other processes,” Snow said.

The governor's executive order will create two posts to coordinate the state's response to the drought and to facilitate transfers.

Crucially, the governor will order his water planners to concentrate on working with the federal Bureau of Reclamation, which delivers supplies to much of the west side of the San Joaquin Valley. The bureau has dramatically reduced deliveries there, raising the specter of plowed-under cotton fields and withered almond trees.

The action comes as the Westlands Water District, coping with the driest spring in eight decades in the San Joaquin Valley, sharply cut irrigation supplies leading into the scorching summer.

“Yields will fall, quality will decline, fields will be abandoned, trees may die and unemployment will skyrocket,” farmer Mark Borba told the Fresno Bee this week.

Although the state is counting on more water transfers, questions of where the fresh supplies will come from and at what price do not have easy answers.

Rice farmers, the traditional relief well because of ample groundwater and historic rights to supplies in reservoirs, are reaping record profits and may be reluctant to sell.

Snow, however, is confident the state can broker some deals.



California Government Relations Network  Announcement

Below is information concerning  the federal H-2B guest worker program. This information has been forwarded to me by GCSAA. If you are in support of this program please read the information below and if you can help in any way please forward all information to Carrie Riordan at GCSAA.

Jim Husting, CGCS
Chairman, Government Relations
California GCSA

All communiqués are Bcc'd to all individuals on the Network for e mail confidentiality. If do not wish to receive any further announcements please contact me and I will remove your name from the Network. If you wish to be taken off the Network updates please contact jchust@sbcglobal.net

James C. Husting, CGCS
Woodbridge Golf & Country Club
Woodbridge, California
209-368-9040
jchust@sbcglobal.net

Attention H-2B supporters!

Please read the important e-mail below. We found out late yesterday that an anti-H2B hearing will be held in Congress next week!

Please provide me with any H-2B testimonials by NOON Eastern time tomorrow, Friday, April 11, I will send them to our contacts in Washington, DC to make sure our voices are heard! 

Please forward this e-mail to your chapter leaders and allied golf association contacts and ask that they send it out to their members. 
H-2B Testimonials should be sent to me by noon tomorrow via e-mail at criordan@gcsaa.org. 

Thank you!
Carrie Riordan
GCSAA, Director of Public Policy

TESTIMONIALS NEEDED IMMEDIATELY

The House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law will hold a hearing on the H2B program next Wednesday.
 

Testifying at that hearing will be people from the Southern Poverty Law Center and others who want to eliminate the H-2B program.  Last week, these individuals organized a briefing for Hill staff where they said :

The H-2B program is “human trafficking” and that “H-2B workers are systematically exploited due to structure of program.”  They also stated that workers were kept in “work camps” paid less than minimum wage, lived in squalor and kept in perpetual debt and servitude. 
 

Next week, they will make these kinds of statements in the official Congressional record.  They want to eliminate the H-2B program and will portray H-2B employers as greedy, heartless exploiters of workers that are engaged in human trafficking.  I am not exaggerating. 

In order to protect the H-2B program from elimination YOU MUST SEND LETTERS AND TESTIMONIALS TO ME IMMEDIATELY. 

We have allies that are members of the committee.  We can have these allies enter your testimonials into the Congressional record to provide truthful and accurate description of how the H-2B program works and how H-2B workers are actually treated.  Without your testimonials, the opponents of the program who use rhetoric that portrays the program as a form of slavery will go unchallenged in their attempt to eliminate the program.
 

We need two types of testimonials (please note that these will be entered into the record and publically available, just as the testimony from the others will be) –
 

FROM H-2B EMPLOYERS, letters with the following issues discussed:
 

How you feel about your H-2B workers 
How much you pay your H-2B workers 
Benefits you provide to your H-2B workers (transportation, housing, meals, time off) 
Living conditions of your H-2B workers while they work for you 
Any personal stories that you have of your H-2B workers 
Anything extra you may do for your H-2B workers (letters on birthdays, gifts, letters in off season, etc)
 

FROM H-2B WORKERS, handwritten testimonials with the following issues discussed:

Why  the  program is important to them (support family, learn job, etc.) 
How much they are paid 
Problems if they can’t get H-2B job 
What their living conditions are while working 
What their working conditions are 
How they feel about their employer

I NEED THESE BY  NOON THIS FRIDAY, APRIL 11

Thanks again for everything you’ve done  to date on the H-2B issue, and if you have not yet responded to the GCSAA H-2B Alert that is posted on the homepage of gcsaa.org, please do so immediately. We are pushing for an H-2B extension bill to be brought up for an immediate vote in the House of Representatives.

If you have questions, or need assistance, contact me directly.

Carrie Riordan
Director of Information and Public Policy
Golf Course Superintendents Association of America (GCSAA)
1421 Research Park Dr. 
Lawrence, KS 66049 
(800) 472-7878, ext. 3610 (toll free) 
(785) 832-3610 (direct phone)
criordan@gcsaa.org  (e-mail)


CGCSA and Coalition to Build a Cleaner California

Hello everyone. The California GCSA has joined this coalition against the upcoming CARB proposed regulations on off-road diesel equipment emissions. As you all discussed at your last board meeting, we are all for cleaner air, however these proposed new regulations would come too fast and would be too harsh for the golf industry. We would be more in favor of a gradual phase in of new regulations. 

What I am presently doing is trying to come up with a cost analysis of just what these proposed regulations would cost our industry as written. Anybody? This is very difficult at this time...but I am working on it. Actually, excuse the pun, we are but a flea on a dog here, concerning this coalition. The major construction companies in California are the major driving force here in this coalition, however we need to respond and make our voice heard...if that is what you wish. What I need from the BOD is some input. We have until...Tuesday to draft a letter and get it off...I can help and Bruce should be the one to sign it. We also could use/have someone in the San Diego area attend the next CARB hearing (it should be huge)...to introduce ourselves to Beth Miller, who is the lay person for this coalition. I talked extensively with her the other day and she really had no idea that these regs would affect us too. Thanks to George for introducing her to us.

Below is the info/web page announcements concerning this coalition. Unless anyone objects......this will go out as a CGCSA Government Relations Alert this weekend. 

I await your feedback.

Jim Husting, CGCS
Chairman, Government Relations
California GCSA
209-368-9040


Your Voice is More Important Than Ever – Only 8 Days Until the Hearing!

In just 8 DAYS the California Air Resources Board (CARB) will hold its hearing on off-road construction diesel equipment regulations. It is IMPORTANT that YOU let them know that we must develop a reasonable – and achievable – timeline that keeps California’s construction industry and infrastructure projects moving forward.

Show strength in numbers - attend the CARB Meeting on May 25th!

The meeting starts at 8 a.m. at the:
San Diego Marriott Del Mar Hotel
11966 El Camino Real
San Diego, CA 92130
Also, be on the lookout for a postcard arriving in your mailbox – take the time to review and return it. Make sure you voice is heard before it is too late!

For more information regarding this issue and its impact on you, visit our web site at www.buildacleanerca.org.

Be On the Lookout!!!

The California Air Resources Board (CARB) hearing on off-road diesel construction equipment regulations is just 7 days from today! 

Be on the lookout for our postcard, arriving in the mail, outlining ways you can make sure your voice is heard by CARB and the other decision makers in this process. Take a few minutes to let them know that these regulations are not achievable in the current time frame. We need more time to ensure we have the equipment and money to make these regulations work.

Take Action before it is too late!

For more information regarding this issue and its impact on you, visit our web site at www.buildacleanerca.org.


Water agency asks East Bay to conserve

25% CUT SOUGHT FROM INDUSTRIAL USERS

By Julie Sevrens Lyons
San Jose Mercury News
Article Launched: 04/25/2007 01:46:16 AM PDT

Hoping to avoid mandatory water rationing next year, directors of the East Bay Municipal Utilities District agreed Tuesday to ask their 1.3 million water users to conserve immediately - with large, industrial users being asked to cut their consumption by 25 percent.

The move comes on the heels of similar decisions in Santa Cruz, San Francisco and Sonoma counties, as water agencies have been left reeling by a rainy season that brought low levels of rain and pitiful levels of snow to most of the state.

The East Bay agency, which serves customers from Hayward and San Ramon to Walnut Creek, declared an official water shortage for the first time in more than a decade - and said that unless water is conserved now, one more abnormally dry year could leave the area facing a water emergency.

The conservation efforts are being encouraged "until further notice."

"We can't predict what's going to happen next year. That's what it really comes down to," said agency spokesman Charles Hardy. An especially wet winter last year has left local reservoirs in decent shape, he said, and "if we knew next year was going to be average, then we wouldn't worry about it. But next year could be dry, and we want to go into it in the best position we can."

The agency will ask residential customers to water their lawns and gardens only three days a week - and never on consecutive days. Watering should be reserved for night or early morning hours, the agency says.

Large irrigators, such as golf courses, cemeteries and Caltrans, will be asked to cut their use by one-fourth. The district's 1,000 largest water users will also be notified and told to upgrade their plumbing and irrigation systems, check for leaks and cut back on their water use. And businesses that use water in their manufacturing processes will be asked to look for ways to recycle water.
The efforts are considered voluntary, but in other regions that isn't the case. City of Santa Cruz Water Department officials have made it against the law to water lawns in the middle of the day, effective May 1. And the 2.4 million customers of the San Francisco Public Utilities Commission have been told that if they don't voluntarily conserve now, they could face mandatory rationing by this summer.

"We don't control Mother Nature," Hardy said. "We can't create the water. So we really do have to ask people to conserve."

 Posted 04/27/07



This update was in today's Federal Register (April 25, 2007). The
bilingual brochure and maps and guidance are now available on the EPA
website. Please share with your members. 

Chava 

SUMMARY: On October 20, 2006, the Federal District Court for the
Northern District of California issued a Stipulated Injunction,
resolving a lawsuit filed by the Center for Biological Diversity against
EPA, alleging that EPA failed to comply with section 7(a)(2) of the
Endangered Species Act by not ensuring that its registration of 66 named
pesticide active ingredients will not jeopardize the California
red-legged frog, a federally-listed Threatened species. Key terms of
the Stipulated Injunction are summarized as follows: a Court-ordered
schedule for EPA to make effects determinations for the 66 named
pesticides; interim injunctive measures regarding EPA's authorization of
uses of the 66 pesticides in certain parts of 33 counties in California;
and the development and distribution of a bilingual brochure regarding
certain aspects of the injunction, pesticides and frogs. Today, EPA
announces the availability on its Web site (http://www.epa.gov/espp) of
the bilingual brochure, along with maps and guidance regarding the
interim injunctive measures ordered by the Court.

Federal Register notice --
http://www.epa.gov/fedrgstr/EPA-PEST/2007/April/Day-25/p7764.htm

Brochure, maps and guidance --
http://www.epa.gov/espp/litigation/redleg-frog/rlf.htm
 

The California DPR has better information on their website at:
http://www.cdpr.ca.gov/docs/es/rl_frog/index.htm

 Posted 04/27/07


 Below is a synopsis of the CARB workshop on February 26 that was attended by myself and Chuck Talley, from Turfstar Inc. Many thanks to Chuck for putting together the review about the upcoming regulations concerning off-road diesel equipment. Golf courses as well as equipment distributors will be affected by these new regulations. If there are any questions please contact me and I will try and explain what I have learned or forward you on to Chuck Talley for any more information. Further developments on this issue will be forwarded to the Network.

Jim Husting, CGCS
Chairman, Government Relations
California GCSA

Air Resource Board
Off Road Diesel Workshop Review
February 26, 2007

Pending emission standards for off-road self-propelled diesel powered equipment above 25 hp targeted to reduce Particulate Matter (PM) and oxides of Nitrogen (NOx) by 2025. Agricultural, forestry, dedicated snow removal equipment is exempt. Equipment operated less than 100 hours a year is exempt as well. However equipment dealers that have demos...must sell them before 100 hours or be subject to registration of said demos. Golf course equipment examples...tractors, fairway and rough mowers and any other equipment over 25 hp.

Requirements starting 2008 include:

Annual reporting of all diesel equipment in your fleet of over 25 hp (to be filed with your local ARB) 
Idling Limits 
Only cleaner vehicles may be added to fleets ( as you replace older units, they must be replaced with newer/cleaner models) 
Requirements vary by fleet size

Fleet size will be determined by the total combined horsepower and classified into three fleet categories:

Small fleet: Total horsepower less than 1,500 and less than 9.5 million in total revenue, or small municipality. PM reduction only. Compliance 2015-2025. 
Medium fleet: 20,000 hp or less and not small California State and US Government. Compliance 2010-2020 PM and NOx. 
Large fleet: Greater than 20,000 hp, privately owned. Compliance 2009-2020 PM and NOx.

Most golf courses would fall into the less than 1,500 combined horsepower, however 9.5 million in total revenues could be an issue for some.

The 2008 reporting will establish the baseline for your fleet. Reporting in subsequent years should reflect at 10% total hp annual turnover of equipment to meet the target dates set by the ABR. 

Individuals are encouraged to check out the below links for further information.

http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm

Here is a link to a simple fact sheet about the rule -
http://www.arb.ca.gov/msprog/ordiesel/documents/OffRdRule_at_a_Glance.pdf

 Here is a link to the latest proposed regulatory language:
 http://www.arb.ca.gov/msprog/ordiesel/documents/Reg_Language_post_12-4.pdf
 

Individuals can sign up for CARB email listserve here to get  notice of future meetings, further information, etc. -
 http://www.arb.ca.gov/listserv/ordiesel.htm



California Government Relations Network Alert

Proposed CARB Regulations concerning off road equipment. This will affect all equipment distributors in California as well as all current golf courses throughout the State. Please get back to me as soon as possible with any comments that you may have. Please pass this Alert to anyone that may want to know.

Jim Husting, CGCS
Chairman, Government Relations
California GCSA

The proposed rule is scheduled to be considered by our Board in April of
this year.  Here is a link to the rule website -
http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm

Here is a link to a simple fact sheet about the rule -
http://www.arb.ca.gov/msprog/ordiesel/documents/OffRdRule_at_a_Glance.pdf

 Here is a link to the latest proposed regulatory language:
 http://www.arb.ca.gov/msprog/ordiesel/documents/Reg_Language_post_12-4.pdf

 We are scheduled to hold some further workshops to discussed the
 proposed rule in February. The notice for the workshop is here  -

 http://www.arb.ca.gov/msprog/ordiesel/documents/Off-Road_Wkshop_Notice_2-07.pdf

 You or your members can sign up for our email listserve here to get
 notice of future meetings, further information, etc. -
 http://www.arb.ca.gov/listserv/ordiesel.htm
The relevant list is called "ordiesel"

Posted Jan. 24, 2007


Attention: California GCSA Government Relations Network.

Draft 2007 Air Quality Management Plan

The South Coast Air Quality Management District (AQMD), the air pollution control agency for Orange County and major parts of Los Angeles, San Bernardino and Riverside counties, released its updated blueprint for achieving healthful air -- the draft 2007 Air Quality Management Plan -- in early October. The plan must demonstrate scientifically how specific future air pollution control measures can achieve the emissions reductions needed to achieve health-based air quality standards.

In its revised plan, the AQMD outlined 60 potential control measures to reduce smog-forming emissions by 50% by 2020. It calls for tightening pollution standards on everything from cars to lawn mowers, providing incentives for businesses to replace aging diesel equipment, and reducing pollution from ships at the sprawling Los Angeles-Long Beach port complex. Many changes would require approval from state or federal regulators. 

More information can be found at: http://www.aqmd.gov/aqmp/07aqmp/07AQMP.html 

The control measure related to lawn and garden equipment is coded as OFFRD-12. 
The public is requested to send comments, documents or other information relevant to the development of the draft 2007 AQMP by December 1, 2006. More information can be found at: http://www.aqmd.gov/pub_edu/notice_2007aqmp_06.html


GCSAA has forwarded this alert regarding EPA's upcoming decision for PCNB and MSMA. Please read below and submit your comments to the EPA dockets regarding this issue. Use the below links to get an idea of sample letters.
Your help is greatly needed and appreciated.

Jim Husting, CGCS
Government Relations Chairman
California GCSA

If you wish to be taken off this e-mail notification please e mail me and I will honor that request. All communiqués are Bcc'd to all recipients to protect their e mail confidentiality

Attention GCSAA-affiliated chapter presidents and government relations liaisons:

The U.S. EPA has decided to extend the public comment periods another 30 days for both PCNB and MSMA. Please update your chapter websites with the following new public comment deadlines:

PCNB - Monday, December 4, 2006 - http://www.gcsaa.org/resources/advocacy/pcnb.asp

MSMA - Wednesday, December 13, 2006 - http://www.gcsaa.org/resources/advocacy/msma.asp

Over 75 comments have been posted to the PCNB docket from the golf industry. The MSMA docket includes 100+ golf industry comments. Those numbers are a good start, but hundreds more are needed in order to convince EPA that our industry needs these products.

Sample letters, which can be personalized, have been added to the action alerts to help your chapter members quickly and easily submit comments to the docket. If you or your chapter members haven't sent a letter to the docket, do it today! Give me a call at (800) 472-7878, ext. 3619 for help.

Sincerely,

Chava McKeel 

Chava Martens McKeel
Senior Manager, Government Relations
Golf Course Superintendents Association of America (GCSAA)
1421 Research Park Dr.
Lawrence, KS 66049 
(800) 472-7878, ext. 3619 (toll free)
(785) 832-3619 (direct)
(785) 832-4448 (fax)
cmmckeel@gcsaa.org (e-mail) 
 


A list of California governmental & environmental issues that may impact our industry.

Government Relations Committee Chairman - Jim Husting, CGCS


April 4, 2006

To the California Government Relations Network members of the Hi-Lo Desert GCSA,
Senate Bill 1557

I am attaching a bill that some of us feel may be important for you down there. Would it be prudent for someone to try and get involved directly in this. It may be advantageous for you down there in the long run, just to stay in the loop and make sure nothing slips by without your input. Please get back to me ASAP so I can give some feedback to our legislative advocate in Sacramento. Mike Kocour...what do you think???

Also would you like the California Alliance for Golf to help as well??

Regards,

Jim Husting, CGCS
Government Relations 
California GCSA

All,

Just to add my two cents to the conversation here, this particular bill was worded very much like section 13550 of the California water code currently is with regard to mandated use of recycled water.  There is one key difference however, (beneficial to the golf industry in my opinion) and that is the wording below (see page 2, lines 23 through 27) that spells out taking into consideration the level and types of specific constituents in the non-potable water affecting the use.  That wording is not included in the California water code and if this gets added specific to the Coachella Valley Water District, perhaps we as an industry can use this to leverage it into the entire code and benefit all recycled water users in the state of California. (George Steffes and I had a conversation yesterday regarding the opportunity to use this to our advantage.) For informational purposes I have also attached section 13550 of the water code in case you're interested in referring to it.

"In determining adequate quality, the board shall consider all relevant factors, including, but not limited to, food and employee safety, and level and types of specific constituents in the nonpotable water affecting the use, on a user-by-user basis."
 

Mike Huck
Irrigation & Turfgrass Services
34001 Amber Lantern Street - Unit #A
Dana Point, CA 92629-6516

Telephone 949-388-5097
Fax 949-661-4157
Cellular 949-697-4158
email: mhuck@cox.net 


Government Relations Network Update: January 26, 2006

California Golf Course Superintendents
The following communiqué from Bruce Kid, of Dow Elanco, does further explain the new restrictions for golf course usage of the herbicide clopyralid. Distributors as well as users should make careful note and read the attachments that I have provided with this announcement. Thank you Mr. Kid for clarifying this. If you have any further questions please feel free to contact me.

Local GCSAA Chapter Executive Directors and Association Mangers should post these regulations and restrictions in your chapters monthly newsletter.
 

Jim Husting, CGCS
California GCSA
Chairman, Government Relations

Last week I responded to your question about the use of clopyralid on golf courses without the benefit of having seen the new adopted regulations or the proposed notification form from CDPR. My apologies, but it now appears that some sort of statement will be required of applicators by pesticide dealers, according to the attachments to this email. The distributors say that they can "tag" the active ingredient on their computers so that a "form" will get spit out along with the invoice. It is the dealers responsibility to keep the form on file for two years. 
It's worth noting that the original draft of this regulation was issued several years ago prior to changes to the Lontrel and Confront labels designed to ensure full compliance with the new regulations. My understanding was that simply following the label covered any and all situations mentioned in the new regulation, so there's a little redundancy here. But if the state wants another form signed, that's the way it will be.
Thanks for letting me know your concerns.

Bruce E. Kidd
Dow AgroSciences

FOOD AND AGRICULTURAL CODE 
SECTION 13190-13192 

13190.  (a) "Clopyralid" means 3,6-dichloro-2-pyridinecarboxylic
acid.
   (b) "Compost" means the product resulting from the controlled
biological decomposition of organic wastes that are source separated
from the municipal solid waste stream, or that are separated at a
centralized facility.
   (c) "Department" means the Department of Pesticide Regulation.
   (d) "Herbicide" means a pesticide, as defined in Section 12753,
that is intended to kill weeds.
   (e) "Lawn and turf use" means a residential or nonresidential use
of an herbicide on lawn and turf, including, but not limited to, lawn
and turf located at schools, parks, office buildings and golf
courses.  Lawn and turf use does not include use of an herbicide on
lawn and turf located in turf farms, uncultivated open space,
agricultural rangeland or cultivated farmland.
   (f) "Persistent residues in compost" means residues of an
herbicide in compost at levels and in a form with the potential to be
toxic or injurious to plants.
   (g) "Plants" means desirable vegetation, except weeds.
   (h) "Weed" means any plant that grows where not wanted, as defined
in Section 12759.

13191.  (a) No person, except a pest control dealer licensed
pursuant to Chapter 7 (commencing with Section 12101) of Division 6
of the Food and Agricultural Code, may sell a pesticide that contains
the active ingredient clopyralid.
   (b) Pesticides containing the active ingredient clopyralid that
are labeled for use on lawns and turf, including golf courses, may
only be sold to qualified applicators licensed pursuant to Chapter 8
(commencing with Section 12201) of Division 6 of the Food and
Agricultural Code or issued a certificate pursuant to Chapter 3
(commencing with Section 14151) of Division 7 of the Food and
Agricultural Code.

13192.  Not later than April 1, 2003, the department shall, pursuant
to Sections 12824 and 12825, do both of the following:
   (a) Determine in writing those lawn and turf uses of the herbicide
clopyralid for which there is no reasonable likelihood that the
specified use will result in persistent residues in compost.
   (b) Take either of the following actions:
   (1) Impose appropriate restrictions on the lawn and turf uses of
the herbicide clopyralid that are not identified in the determination
made pursuant to subdivision (a).
   (2) Cancel any lawn and turf use that the department determines is
likely to result in persistent residues in compost.

California Code of Regulations - Final Regulation

View Regulation:Sales Limitation of Clopyralid



Attention California GCSAA Government Relations Network Members

Senate Bill 509 (Pesticide Application Notification) is again making its way through the legislature. As you may recall the CGCSA was against the previous version of this bill in 2005. This year it is being re-introduced again with notification being required when using a California Restricted Material.

Please read the attached bill and give me your feedback ASAP so I can relate your position to the California GCSA BOD.
 Click Here for: SB 509

Jim Husting, CGCS
Chairman
California GCSA
Government Relations



California Golf Course Superintendent Association Government Relations Network Update

Senate Bill 509 (Pesticide Application Notification) will be amended to include "production agriculture" only and not golf courses. The CGCSA with the help of Tim Howe (George Steffes's office) and  Chava McKeel from GCSAA drafted an immediate response of opposition to this proposed legislation. The bill will be formally introduced in committee next week with this amendment.

Thanks go out to all CGCSA Government Relations Network members for responding, to me, quickly concerning this issue.

All further government relations updates will be blind carbon copied (Bcc) to all members of the Network. This will hopefully keep everyone's email address private and will also prevent Spam filters from delaying these messages to the Network.

Jim Husting, CGCS
Government Relations Chairman
California GCSA


To All CGCSA Government Relations Network Members.

New Legislation has been introduced that would require pesticide application notification 
for all applications on public and private properties. Please read and send us your input. 
CGCSA BOD members I need your input ASAP on this legislation.

Jim Husting, CGCS
Government Relations
California GCSA
 
 

SENATE BILL No. 509
Introduced by Senator Florez
February 18, 2005
An act to add Section 12978.5 to the Food and Agricultural Code, relating to pesticide. 
legislative counsel’s digest SB 509, as introduced, Florez. Pesticide: notification. Existing 
law provides that pesticide applications on public property that take place on school 
grounds, parks, or other public rights-of-way where public exposure is foreseeable shall be posted 
with signs in English and Spanish that contain a warning that the area has been treated 
with a pesticide and that individuals are not to enter the area.
This bill would require the operator of property on which any pesticide application is to 
occur to provide written notification, as specified, to all individuals who are at-risk of 
coming into contact with that pesticide at locations within one mile from the application 
site. This bill would require the notification to be received at least 24 hours before the application, and to 
include contact information for the applicator and a description of the pesticide being applied. Because a
violation of these provisions would be a crime, this bill 
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school 
districts for certain costs mandated by the state. Statutory provisions establish procedures 
for making that reimbursement. This bill would provide that no reimbursement is required 
by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.
99
The people of the State of California do enact as follows:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

SECTION 1. Section 12978.5 is added to the Food and Agricultural Code, to read:
12978.5. (a) The operator of property on which any pesticide application is to occur shall provide written notification to all individuals who are at-risk of coming into contact with that pesticide at all locations, including,
but not limited to, residences, businesses, schools, whether in session or out of session, day care centers, labor camps, hospitals, health clinics, and nursing homes, within one mile from the application site.
(1) The notificiation must be received by the individuals who are at-risk of coming into contact with the pesticide
at least 24 hours before the pesticide application.
(2) The notification shall include contact information for the applicator, a description of the pesticide being 
applied, the telephone number of local emergency services during and after office hours, and information on 
the public’s rights regarding pesticide drift and pesticide poisoning.
(3) Notification shall be made in English and Spanish unless deemed unnecessary by the director.
(b) The secretary, director and commissioner shall enforce the provisions of this section and any regulations adopted pursuant to it.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
O
99
SB 509 — 2 —



To California GCSA Government Relations Network Equipment Distributors

Please read below Assembly Bill 585. Feedback from our equipment distributors in 
the Network would be appreciated.

Jim Husting, CGCS
California GCSA Government Relations



Attention all California GCSA Government Relations Network Members:

The California GCSA has come out against the California Urban Water Conservation 
Councils proposal to receive Prop 50 grants for a "Turf Buyback"  Program for the state. 
Please read the attached letter from CGCSA President, Pat Finlen, CGCS.

Jim Husting, CGCS
Government Relations Chairman
California GCSA

Posted: 02/04/05



February 4, 2005 

Mr. Lester Snow 
Director, Department of Water Resources
P.O. Box 942836
Sacramento, CA 94236-0001

RE: OPPOSE CUWCC PROP 50 GRANT APPLICATION TO THE DEPARTMENT 
OF WATER RESOURCES FOR STATEWIDE PILOT TURF BUY BACK PROGRAM 

Dear Mr. Snow:

The California Golf Course Superintendents opposes the California Urban Water Conservation Council’s application for Proposition 50 Water Use Efficiency grant funding for a Statewide Pilot Turf Buy Back Program.  You undoubtedly have received many applications proposing to improve landscape water use through conservation. We believe this is a better 
approach than targeting an important part of California’s Green 
Industry. We are asking that you consider these non-controversial grant applications 
and work with the Green Industry to better utilize our most precious resource.

With the states limited budgetary resources, we are confident that the use of bond money 
would be better-spent educating users about new irrigation technology and rewarding conservation measures. 
The golf course industry has been a leader in water conservation 
and will continue to be a part of the development of new technologies that will reduce 
water usage.

Turf grass provides many important environmental benefits, benefits that this pilot program would discard, while not 
even studying the impact of those losses.  This program would encourage water users to replace fire-safe lawns with sometimes-flammable native shrubs, something that would be disastrous in many parts of California.  Lawns provide 
a natural cooling effect without the use of fossil fuels.  This program would not study the impact of the loss of that 
cooling, including increased energy use as people use more air conditioning.  This program would also not consider the
impact to California’s aquifers. Water once filtered through turf grass would now be sent into already overwhelmed 
storm drains thus depleting the re-charge effect that turf grass offers to these aquifers.

California’s demand for landscape water can be met by increasing reclaimed water use, new irrigation technology 
and better landscape water use education.  We urge the Department to study those worthy goals, not target one plant 
species and one business sector.  Please don’t hesitate to contact me at (415) 404-4364 if you have questions about 
this grant application or how we can help to reduce water usage.

Sincerely,

Patrick R. Finlen
President, California Golf Course Superintendents Association
221 W. Palm Ave.
Reedley, CA 93654

Posted 02/04/05


Subject: Aquatic Herbicide Update

A very important EPA interpretation has just been issued that clarifies the agency's position regarding the 
use of herbicides to treat aquatic vegetation.  Briefly, the "Talent Irrigation District" lawsuit resulted in 
confusion regarding the need to obtain a permit (NPDES) to use aquatic herbicides, which has affected 
lake/pond management on golf courses. 

The EPA position now appears to be much more clear, and indicates that in certain circumstances, a NPDES 
permit is not required to treat aquatic vegetation.

Terry McNabb of Aquatechnex has been very active in working with EPA on this issue, and has provided an excellent summary of this recent ruling and the history behind it.  If aquatic vegetation management is an issue 
at your golf course, please click on the following link to access Terry's summary of the situation.

http://newsletter.baron-co.com/?id=10&nid=89

Posted 02/04/05



California GCSA Government Relations Update: 12/23/2004

There is a comment period on these proposed regulations from the DPR. Anyone that has concerns, comments or suggestions please feel free to contact me ASAP before the deadline. Thank you.

Jim Husting, CGCS
California GCSA

Dear Clopyralid & Compost stakeholders: 
The Department of Pesticide Regulation (DPR) has proposed to adopt regulation No. 04-003 concerning the lawn and turf uses of the herbicide clopyralid.  A copy of the proposed text is available at DPR's Public Home Page under the public notices section: <(http://www.cdpr.ca.gov/docs/legbills/rulepkgs.htm)>.  The Notice of Proposed Action was published in the California Regulatory Notice Register on December 17, 2004. The public comment period will end on January 31, 2005. Comments can be made  via the DPR public home page or as e-mail to: dpr04003@cdpr.ca.gov.  Comments received during the comment period will  be considered and responded to in the Department's Final Statements of Reasons.   Any questions regarding this notice, please contact David Haskell at (916) 445-4207 or dhaskell@cdpr.ca.gov

David Haskell,
Clopyralid Work Group Chairperson

David Haskell
Associate Environmental Research Scientist
(916) 445-4207,  Fax (916) 445-4280
E-mail : dhaskell@cdpr.ca.gov

FLEX YOUR POWER!  For simple ways to reduce energy demand and costs, see http://www.cdpr.ca.gov.


California GCSA Government Relations Update-Clopyralid.

Below are the new regulations regarding the use of the herbicide Clopyralid in California just recently released by the CA DPR. Please pass the information on. 

I would like to wish everyone a very Merry Christmas and a very Prosperous New Year with Peace On Earth! Thank you for your continued support!

Cordially,

Jim Husting, CGCS
California GCSA

AGENCY:  Department of Pesticide Regulation 
TITLE:   Herbicide Clopyralid 
PROPOSED: 12/17/2004 
SUMMARY: 
Establishes regulation relating to lawn and turf uses of the herbicide clopyralid. Requires licensed pest control dealers to obtain a signed statement from a licensed or certified qualified applicator certifying that he/she or their employees will not apply any product containing clopyralid to a residential lawn. 

AGENCY CONTACT:
David Haskell, Pesticide Registration Branch, 1001 I Street, PO Box 4015, Sacramento, CA 95812-4015, 916-445-4207 

CITATION: 
Title 3 CCR, Ch 4, Art 1, Sec(s) 6576, 6950 
STATUS: 
12/17/2004       Proposed Rule
COMMENT Deadline: 01/31/2005
Register 2004, No. 51-Z, CRNR, 12/17/2004, p. 1703 

DPR Regulation No. 04-003 Herbicide Clopyralid 
The proposed regulatory action pertains to lawn and turf uses of the herbicide clopyralid.

Notice of Proposed Action (PDF, 17 kb) 

<<notice.pdf>> 

Proposed Text (PDF, 10 kb) 

<<text.pdf>> 

Initial Statement of Reasons (PDF, 20 kb) 

<<statement.pdf>> 

Economic And Fiscal Impact Statement (Form 399) (PDF, 114 kb) 

<<399.pdf>> 
http://www.cdpr.ca.gov/docs/legbills/rulepkgs.htm
To comment on the package via e-mail, press... 
Comments received during the comment period will be considered and responded to in the Department's Final Statement of Reasons. It is in the Department's discretion whether to consider comments that are received after the close of the comment period. 

Agency Contact:
David Haskell, Associate Environmental Research Scientist
Department of Pesticide Regulation
Pesticide Registration Branch
1001 I Street
P.O. Box 4015
Sacramento, California 95812-4015
(916) 445-4207
E-mail: dpr04003@cdpr.ca.gov
 


The following news release has been released by the California DPR. Golf Courses have been given a exemption, and can continue to use the herbicide Clopyralid on golf course applications. The CGCSA has been participating in the DPR workshops concerning this issue for well over a year. Please read the DPR press release below. 

Jim Husting, CGCS 
Chairman, Government Relations 
California GCSA 

California Department of Pesticide Regulation News, April 2, 2003 (03-08) 
FOR IMMEDIATE RELEASE 

DPR announces restrictions to protect compost 

SACRAMENTO -- The California Department of Pesticide Regulation today announced new pesticide restrictions to protect commercial compost from potential contamination. 

DPR will restrict sales of the herbicide Clopyralid ("clo-PEER-ah-lid") to lawn and turf professionals, instruct those licensees to assure that green waste stays onsite when the herbicide is used, and require dealers to provide written notice of the restrictions when they sell some Clopyralid products. DPR will immediately begin drafting regulations to enforce those restrictions, based on concern that Clopyralid residue in grass clippings could make compost toxic to non-target vegetation. 

DPR expects its restrictions to affect about 15 Clopyralid products used in parks, playing fields, and cemeteries. Golf courses were exempted after DPR determined that grass cycling onsite is a standard industry practice, and Clopyralid product labels prohibit use on tees and greens. Clopyralid products labeled for farm, rangeland, and forest use are not affected. DPR took initial action against residential uses in March 2002. 

Used to control broadleaf weeds, Clopyralid is a low-toxicity chemical that poses little hazard to people, animals, and most vegetation. However, even low levels of Clopyralid in compost may damage some plants. Some commercial compost facilities in California have detected Clopyralid residues, but no cases of non-target vegetative damage have been documented in the state. 

"This action underscores our commitment to California's environment in general and to the compost industry in particular," said DPR Director Paul Helliker. "Clopyralid is a useful pesticide, but some applications could cause a problem if residues accumulate in the green waste stream. We've worked closely with the Integrated Waste Management Board to protect the green waste stream while preserving beneficial uses of this herbicide," said Helliker.

"Using organic material to make compost is an essential part of our efforts to prevent valuable resources from ending up in landfills, a major reason why California's statewide diversion rate has grown to 48 percent," said Linda Moulton-Patterson, Chair of the Integrated Waste Management Board (IWMB). "We are very pleased with the Department's determination to further limit the use of Clopyralid. It is a crucial step in protecting the viability of compost markets and the continued success of our waste diversion efforts." 

In March 2002, DPR announced it would seek cancellation of 15 Clopyralid products registered for residential lawn use, citing a potential hazard to compost. Dow AgroSciences, which registered the herbicide in California, subsequently asked the U.S. Environmental Protection Agency for product label changes to address DPR's concerns. Since U.S. EPA allowed Dow time to clear existing stocks from dealer shelves, products with the new labels are expected to appear in the market later this year. 

DPR's action today fulfills a charge by Assembly Bill 2356 (Keeley), passed in 2002. It directed DPR to assess the possibility that Clopyralid residues could persist in compost and either impose restrictions or cancel registration of those uses. 

Clopyralid was initially registered for use in California in 1997 to combat yellowstar thistle, a noxious weed that can kill livestock. 

DPR and IWMB began investigating Clopyralid residues in compost about 18 months ago. The two Cal/EPA agencies co-sponsored a workgroup that included compost industry representatives, Dow, and other interested parties. The group held four meetings in the past year to explore how Clopyralid residues enter the green waste stream, what residue levels may pose a risk to non-target vegetation, and other relevant information. Among the findings: 

- - Compost monitoring data varied. While the frequency of residue detections declined, low levels of Clopyralid continued to show up in some samples. 

- - Sales data from DPR's pesticide assessment database and Dow AgroSciences suggested sales of turf products declined in the past 12 to 18 months. 

- - Dow AgroSciences has made significant efforts to educate its product dealers and users about compost issues, and Dow advised users to discontinue residential lawn uses of Clopyralid after DPR initiated cancellation action for that use. 

- - Professional lawn and turf associations and the University of California Cooperative Extension Service raised awareness of the issue in meeting presentations, magazine articles, newsletters and Web postings. 

- - No phytotoxicity resulting from Clopyralid in compost has been reported to DPR during the last 18 months. A recently submitted study examined the phytotoxicity of Clopyralid to sensitive plants under defined conditions of soil/compost and compost/peat combinations with varying levels of Clopyralid. The Dow-funded study suggested a low probability of phytotoxicity on sensitive plants, given detected levels in California compost. Members of the compost industry reviewed a summary of the study and discussed it with DPR. 

However, AB 2356's definition for persistent residues in compost covered a broad range of characteristics with potential toxicity: "residues of an herbicide in compost at levels and in a form with the potential to be toxic or injurious to plants." Based on the law and the joint investigation with IWMB staff, DPR acknowledged the potential diverse uses of compost in commercial agriculture, the nursery industry, and home gardens. Under the law's criteria, DPR determined it was possible that persistent residues in compost could occur from turf uses of Clopyralid. 

One of six boards and departments within the California Environmental Protection Agency, DPR regulates the sale and use of pesticides to protect people and the environment. 

DPR media contact: Glenn Brank (916) 445-3974 

# FLEX YOUR POWER! For simple ways to reduce demand and energy costs, see <www.flexyourpower.com>. 


Government Impact 

EPA Decision Impact

The California GCSA is trying to make the political leaders of our Nation, aware of the our concerns when decisions 
are about to be made that will effect our industry. 


If you would also like to write a letter to your federal legislators, their addresses can be found at:

http://www.visi.com/juan/congress/


Revised June 9, 2009 
Questions or comments, please contact: rtillema@comcast.net 
Copyright 1998, the CGCSA

Contact Information

Telephone: 866-643-8707       FAX: 559-643-8707 
Postal address 221 W. Palm Ave.  Reedley, CA 93654
Electronic mail: rtillema@comcast.net  Webmaster: rtillema@comcast.net