Government Relations
For Immediate Release, March 13, 2012
Written on March 16th, 2012
This message is being distributed to those who have responded to GCSAA’s H-2B Visa Program action alerts.
Rep. Rodney Alexander (R-LA-5th District) has introduced a joint resolution which seeks Congressional disapproval of the H-2B programmatic rule. If approved by both houses of Congress, and signed by President Obama, the joint resolution will block the H-2B programmatic rule from going into effect on April 23, 2012.
Please take time today to help push for passage of House Joint Resolution 104! Click Here to visit the site.
Also, as a reminder, don’t forget to sign up below for a free webinar to learn more about the new programmatic rule changes.
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On February 10th, the Department of Labor (DOL) announced the H-2B Comprehensive Final Rule which will take effect on April 23, 2012.Materials, including fact sheets, are available here and here. In an effort to assist employers on compliance with changes to the program, DOL has set up three Webinars – information below. These webinars will provide employers the opportunity to familiarize themselves with the requirements of the new rule and have questions answered in real time by senior Department officials.
Wednesday, March 14, 2012, 1:30 pm – 4:00 pm, EDT
Public Access URL: click here
Teleconference information:
Dial-in #: 888-810-9161
Participant passcode: 7393731
Tuesday, March 20, 2012, 1:30 pm – 4:00 pm, EDT
Public Access URL: click here
Teleconference information:
Dial-in #: 888-810-9161
Participant passcode: 7393731
Tuesday, March 27, 2012, 1:30 pm – 4:00 pm, EDT
Public Access Webinar URL: click here
Teleconference information:
Dial-in #: 888-810-9161
Participant passcode: 7393731
Attention Golf Course Superintendents
Written on March 15th, 2012
California GCSA
Government Relations Committee
For Immediate Release, February 21, 2012
Attention Golf Course Superintendents,
2010 ADA Standards for Recreational Facilities
As the Governmental Relations Committee has been forewarning golf course superintendent’s and general managers the new 2010 ADA Regulations for Recreational Facilities goes into effect on March 15, 2012. This may impact your golf facility.
This new 2010 law covers the following golf facilities:
Title II covers golf course facilities overseen or operated by a governmental body (city, state, or federal). A transition ADA compliance plan should already be in effect at these facilities.
Title III covers privately owned or private country club golf facilities that are accessible to the public (private clubs who host outside golf tournaments or social functions fall into this category). A work plan should be in effect before March 15, 2012 or as soon as possible after the law goes into effect.
If you are a completely private club (no public access) such as California Golf Club or Cypress Point Club then you do not need to meet the new 2010 ADA Regulations. Their status protects them from having to comply with the law. However Augusta National Golf Club (home of the Masters) has to because they host an outside golf tournament every spring.
To comply with the 2010 American with Disabilities Act (ADA) Standards for Accessible Design and Recreational Access as well as California’s Code of Regulations (Title 24) and avoid the possibility of a complaint driven lawsuit from a disabled person or advocacy group trying to access your golf facility each Title II and Title III golf facility must provide a defined continuous path of travel throughout their entire facility: parking lot, practice areas, buildings, golf course and on-course amenities. If there are barriers to a continuous path of travel they must be removed, or a plan to remove them (Title II Transition Plan and Title III Work Plan) Each barrier poses the possibility of a lawsuit. There is a monetary value for each violation. There are also new regulations in effect for new construction at golf facilities that you must comply with the 2010 ADA Standards for Accessible Design.
There is no grandfathered “in” clause.
40% of the federal ADA lawsuits originate in California (San Diego and the Bay Area are hot beds for ADA litigation). Since the ADA is a complaint driven law “drive by” litigation can take place without your knowledge. If you do not meet the ADA requirements of a sink, drinking fountain, ball washer, or access to a teeing ground on your golf course, or aisle width, counter height, dressing room bench height in your pro shop (just to mention a few of the regulations) you could be subject to a law suit.
What can you do? You can access the 2010 ADA Recreational Guidelines at ada.gov/regs2010 and see where your facility may be in violation. The GCSAA, Access Board and USGA Green Section also have produced information on becoming ADA compliant. You can use this information to audit your own facility.
In many instance golf facilities are using ADA golf course consultants to produce Transition and Work Plans to meet ADA regulations. Contact Jim Alwine Governmental Relations Co-Chairman, sgccturf@sbcglobal.net, for some referrals to these services. Make sure they are advocates for you.
In regards to the necessity of providing an adaptive golf car at your golf facility it might be a good idea to begin planning to do so. This is not part of the current 2010 ADA law as of yet but is currently being discussed by the Department of Justice and a decision is due out soon.
California Capital News
Written on February 2nd, 2012
Check out the new issue of the California Capital News. 
June Update
Written on June 12th, 2011
Many of the legislative actions and current lawsuits are still pending that we are monitoring. Here is an update of those items
NPDES
Applying pesticides within water bodies or near water bodies will need an additional permit per the NPDES. Weed Control Permit (Water Quality Order No. 2004 0009 DWQ, General Permit No. CAG 990005). Section 2200(b)(6) of the schedules specifies a one time fee of $136 for the Vector Control Permit. The other three permits fall under Category 3 of Section 2200(b)(9) which specifies an annual fee of $1200 plus an ambient water monitoring surcharge of 21%. Thus, total annual fee for each of the other three permits is $1452. This regulatory process from the EPA will go into effect in April 9, 2011. Currently the CGCSA and the GCSAA are seeking to amend this law by supporting HR 872.
2010 ADA Standards for Accessible Design
If your golf course facility is overseen by a governmental body and accessed by the public, or one that is a private golf club but accessed by the public on an occasional basis (golf tournaments or social functions) you must comply with the regulations impacting golf courses through the 2010 American with Disabilities Act (ADA) Standards for Accessible Design or be faced with the possibilities of a complaint driven lawsuit from a disabled person or advocacy group. The new regulations were signed into law by President Obama in August 2010. Title II and Title III Regulations and adhering to the standards of the law must in place by March 2012 at your facility or face the possibility of legal action if your golf facility has barriers preventing a continuous 48” path access to the main features of the golf facility and golf course. The GCSAA recently made comments towards the possible requirements of having single rider golf cars for golf facilities be mandatory. The DOJ has yet to rule on this.
Chlorothalonil Alert
In April 2011 the National Marine Fisheries Service (NMFS) & US EPA issued their BiOp’s (Biological Opinions) for the 4th group of chemicals. This group included Chlorothalonil. The Draft BiOp makes incorrect broad “jeopardy” and “habitat modification” opinions based on flawed risk assessments, which could impact Chlorothalonil use going forward. Syngenta and the GCSAA are leading the fight to vigorously defend Chlorothalonil uses and scientifically respond to the NMFS assertions. They have requested at least a 60-day extension of the comment period
Golby 11 –Center for Biological Diversity- Movement to Save Sharpe Park Golf Course from the San Francisco Public Golf Alliance
The Center for Biological Diversity, an environmental advocacy group, has been successful with potentially in the future banning pesticide use within Bay Area regions that have been designated as endangered species habitat. They have now filed a national lawsuit suing the United States EPA. One golf course to watch is Sharpe Park in San Francisco where these environmental activists are attempting to shut the golf course down using the same justifications. A grass roots effort from the San Francisco Public Golf Alliance is fighting the fight. If the Center for Biological Diversity is successful there could be serious future ramifications for golf courses. The San Francisco Golf Alliance has been fairly successful so far in a grass roots effort but needs more support since the CBD has a large war chest to continue their legal agenda.
State Regulations to be Aware Of
- A bill that revises the statutory requirements for the provision of meal periods to specify that the requirements apply only to employees subject to the meal period provisions from an order of the Industrial Welfare Commission is now being considered in the State Senate’s Committee on Industrial and Labor Relations. It specifies that a meal period based on working more than 5 hours in a work day is required to be provided before the employee completes 6 hours of work. It also specifies conditions under which on-duty meal periods are permitted.
- DPR proposes to amend Title 3, California Code of Regulations sections 6512 and 6513. The proposed regulatory action would require instructors or sponsoring organizations (providers) of continuing education (CE) courses to submit the records to DPR electronically within 14 days of course completion by the licensee or certificate holder (licensee), require providers and licensees to maintain the date of course completion in their records, and include a criteria for denying approval of a CE course submitted by a provider. CAPCA’s :
- CAPCA views the proposed changes as alarming and possibly deleterious to the entire CE program because of the tremendous shift in responsibility, along with the threat of a reduction in number and diversity of courses for CE hours.
- Imposing a new regulatory burden on sponsors is unjustified when there is already a top performing private sector operation (CECPM) for CE reporting and tracking in place.
- The licensees will be directly impacted in their ability to obtain applicable CE hours, plus the CE system could be subverted in such a way that the awarding of unearned CE credit to license holders could result.
Federal Regulations to be Aware Of
If some of you use the H-2B program labor program then you should be aware of some recent rulings. The final rule from the DOL addresses concerns that the calculation method enacted in the 2008 rulemaking did not adequately reflect the appropriate wages necessary to ensure U.S. workers are not adversely affected by the employment of H-2B workers. The wage methodology in the final rule achieves the department’s goal of more fully protecting the job opportunities and wages of U.S. workers. The department anticipates issuing a future rulemaking that will address other aspects of the H-2B program. The new wage rates will apply to wages paid for work performed on or after Jan. 1, 2012. In addition, for a period of 60 days after the publication of the final rule, the department will welcome information from the public in order to gather data regarding the feasibility and implementation of phasing in the new prevailing wages. The final rule requires employers to pay H-2B and U.S. workers recruited in connection with an H-2B job application a wage that meets or exceeds the highest of the following: the prevailing wage, the federal minimum wage, the state minimum wage or the local minimum wage. The GCSAA is continuing to monitor.
Overview of the California State Superintendent’s Annual Conference and Education from the Governmental Relations perspective Tentative Speakers slated:
- Pat Gross, USGA and Sam Samuelson, CGCS- ADA Regulatory Impacts on Golf
- Mike Blankenship- The NPDES and How it Impacts You and Your Golf Course
- Chava McKeel- GCSAA Governmental Update
- Kevin Breen, CGCS – H2B Program
- Nasser Dean, PhD- Upcoming Regulatory Impacts and How it Will Impact Golf
- Bo Links- Sharpe Park vs. the Center for Biological Diversity- is this Golf’s Future?
- An Update from Capital Partners
Jim Ferrin, GCCS
California Governmental Relations Committee
RECENT LEGISLATION – NEW!
Written on February 24th, 2011
Due to changes in the governing statutes, claims for gasoline purchased prior to July 1st, 2010 will be refunded at a rate of $0.18 cents per gallon, and claims for gasoline purchased on or after July 1st, 2010 will be refunded at a rate of $0.353 cents per gallon. Additionally, each new fiscal year the Board of Equalization may adjust the rate of the motor vehicle fuel excise tax.
If you have questions you can contact:
Michael Swing, CGCS
California GCSA Sec/Treas
Visalia Country Club
Cell: 661-301-9889
Office: 559-732-2047
Fax: 559-732-2220
Water Diversion Filing Requirements for 2010
Written on November 20th, 2010
California Government Relations Network Announcement
Mandatory Filing for Water Diversion and Use requirements are approaching soon. Starting this year, it is mandatory to report all diversions of water to the State Water Resource Control Board. Attached is the bulletin announcement. Please pass this information along to all involved. These reports are due July 1st of this year for the diversion and usage for the year 2009. Forms can be found @ http://www.waterboards.ca.gov/waterrights/water_issues/programs/diversion_use/docs/updated_statement_062907.pdf
There will be fines assessed for those that do not comply. For more information, you may contact me directly.
James C. Husting, CGCS
Chairman, Government Relations
California GCSA
jchust@sbcglobal.net
Advisory 393: Enhanced Vapor Recovery Systems for New and Existing Aboveground Storage Tanks
Written on November 19th, 2010
Below is an Advisory Announcement from the California Air Resources Board concerning new regulations for new and existing aboveground storage tanks. Please log on to the website below or click on the attachment for further details.
Governmental Relations Committee Update
Written on September 30th, 2010
The GCSAA and its legal team supported by the Governmental Relations Committee recently submitted their comments on behalf of the golf industry to the EPA’s draft Pesticide General Permit under the Clean Water Act. This is a proposal to be very wary of and could greatly impact our industry and the manner in which we can apply pesticides at our golf courses in the future.
The National Pollutant Discharge Elimination System (NPDES) is a court ordered draft that may require golf courses and others who routinely apply pesticides to obtain a federal CWA permit for pesticide applications on, over or near all water located in the United States. This includes ponds, seasonal streams, creeks, rivers, lakes and oceans- man made or natural.
The GCSAA in their comments believes that the Pesticide General Permit (PGP) associated with the NPDES is unreasonable in its focus and schedule.
GCSAA believes that many states will adopt the EPA’s PGP as their own and in doing so it is likely that many states including California will go beyond the already limiting proposal in the draft PGP becoming even more stringent in its legal application.
The GCSAA will be contacting state chapters to assist with the permit development activities at the state level and they are already assisting us on our behalf in California.
In other developments California legislators continue to look at water as an invaluable, scarce and highly impacted commodity. Proposed legislation throughout the state is currently dealing with proposals on water recycling, recycled water and the need for water use management plans. Our lobbyist Capital Partners is keeping us informed on the viability of these bills.
If you need to know more on the EPA’s draft PGP under the Clean Water Act you can read the May 2010 GCM “Inside Your Water” article or visit the EPA website.
Jim Ferrin, CGCS
NPDES September 10th, 2010
Written on September 10th, 2010
California Government Relations Network Announcement
The National Pollutant Discharge Elimination System (NPDES) has implemented a new permit to prevent stormwater pollution from residential and commercial construction and development projects. Below, please read an attached email from GCSAA and visit the included links to learn how this new regulation may affect your respective property.
Subject: California Cleanup – Stormwater journal article
Hi everyone.
I was catching up on some reading yesterday and came across the article
below in Stormwater, the journal for surface water quality professionals.
Fun reading, yeah? I’m sure you have already heard much about this issue
but just in case not the author did a nice job summarizing the new
California NPDES general construction permit for stormwater which went into
effect on July 1, 2010. There may not be a whole lot of new golf course
construction going on but this permit covers projects that disturb one or
more acres of soil…so maybe a renovation project.
http://www.stormh2o.com/september-2010/california-cleanup-swppp.aspx
More information can be found on the SWRCB website at –
http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml.
Chava
Chava E. McKeel
Senior Manager, Information and Public Policy
Golf Course Superintendents Association of America (GCSAA)
1421 Research Park Drive
Lawrence, KS 66049-3859
800-472-7878, ext. 3619 (toll-free)
785-832-3619 (direct)
cmmckeel@gcsaa.org
http://www.gcsaa.org/
Jim Ferrin, CGCS, Co-Chairman, Government Relations
ferrinj@scra.org
Jim Alwine, Co-Chairman, Government Relations
sgccturf@sbcglobal.net
California GCSA
California Company Breaks Large-Scale Transmission Barrier
Written on June 27th, 2010
Meridian Energy’s photovoltaic solar farm in the Central Valley farming town of Mendota is the first utility-scale solar project to feed its power directly to the high-voltage transmission lines managed by the central grid operator. Until now, all solar facilities — even ones up to 20 MW — used only local distribution lines of much smaller voltages, limiting their use to the immediate geographic region. Meridian had to meet stringent requirements set by the grid operator and by PG&E, who is buying the plant’s output. It had to upgrade its transformer to handle 10 percent above its maximum planned output and install phone lines throughout, which took eight months alone. California regulators viewed the plant as a sign of progress for the state, which is notorious for its bureaucratic morass. “It’s not huge, and it’s not the only attempt to put solar into the grid,” said California Public Utility Commissioner John Bohn. “What’s important is that a group of people, in spite of regulation, in spite of bureaucratic inertia, still got it done.” See: http://www.fresnobee.com/2010/06/02/1955610/mendota-solar-farm-paves-way-for.html
We report this not for the sake of its newsworthiness, but to point out the comment by Commissioner Bond: “…in spite of regulation, in spite of bureaucratic inertia…” The Commissioner is to be applauded at the very candid and straightforward comment which summarizes many of the problems that stand in the way of green power and freeing ourselves from continued mid-east entanglements. We would hope that not only he, but the entire commission recognize this problem and fix it. However, we doubt that this will happen without a strong legislative push, but in California, regulation and control are king. So we won’t hold our breath.
California Activists Seek GHG Cuts under California Smart Grid Plan
Written on June 27th, 2010
Environmentalists are pressing CPUC to design the state’s pioneering “smart grid” system to ensure maximum GHG reductions by assessing the value of electricity transmission investments based on emissions cuts, among other issues. Such design requirements may prompt opposition from the utility industry based on claims they are premature and could slow grid improvements. The emerging dispute is in response to a draft proposal issued May 21 by the CPUC on its smart grid requirements which the commission is slated to adopt as a final rule making later this month. The draft decision requires that the utilities follow a common outline in preparing their smart grid deployment plans. The outline consists of eight topics, which include deployment baseline, grid security and cyber security strategy, cost estimates, benefits estimates and metrics. Environmentalists are focusing primarily on one piece of the deployment plans, claiming that utilities must assess the success of their smart grid programs in part by measuring reductions in GHG emissions, increases in renewable energy supply and the creation of “green jobs”. See: http://carboncontrolnews.com
As with most climate change regulations, California’s rules to implement its smart grid program are being closely followed by regulators in other states because it is seen as a leading model. As referenced by the CPUC, smart grid refers to an electricity distribution system that allows for the flow of near real-time information between a customer’s meter and the utility, and modernizes the electricity grid with a goal of using advanced, information-based technologies to increase power grid efficiency, reliability and flexibility. Smart grid also aims to reduce the rate at which additional electric utility infrastructure needs to be built. So why are environmentalists against this. They would say that they aren’t but that they just want to make sure there is an assessment done to show that this brings about some GHG emissions benefit. Well, just having the information will allow such assessments and in reality, the smart grid has nothing to do with increasing green energy (merely curtailing the use of fossil fuel energy) and it may not create a single green job. So why all the fuss? We just don’t understand this one at all.