Another Liberal Media Attack on Farmers: Western Growers Responds

February 11th, 2016

Most news reporters don’t know squat about the business of farming, and thanks to a pervasive bias, they don’t care. That is the obvious conclusion one would reach after reading a recent Associated Press article that opens with this not-so-subtle lede: “A new state report shows California farmers reaping record sales despite the epic drought, thriving even as city-dwellers have been forced to conserve water, household wells have run dry and fish have died.”

AP reporters Ellen Knickmeyer and Scott Smith may as well apply to work for the Natural Resources Defense Council and end the pretense. 

Let’s start with the reported $53.5 billion in sales to farmers in 2014. This is an increase over the prior year. But anyone who has ever run a business knows that revenues are not profits. While the AP writers were fast to report the increased revenue statistic (in the second sentence of the story), they chose to leave out the reduced profit statistic, opting instead to minimize that fact with this cloudy bit of writing (five paragraphs down): “Higher costs for water and other expenses of the drought outstripped sales for some farmers, but experts said it is clear many others made strong profits, as evidenced by the rush by growers and corporate investors to get into the almond business and take advantage of a run-up in prices.” (emphasis added)

This begs the question: If the Associated Press thinks it’s proper to disregard the lower profitability number and fudge its impact on farmers, why didn’t they write the story lede in the same manner? Doing so would have produced something like this:

“A new state report shows California farmers suffered declining profits due to reduced water availability and higher spending to access scarce water, in spite of increasing overall farm revenues.”

The authors could also have examined the reasons why California farmers are making less money than at any point since 2011. They could have dug a little deeper and discovered that the cost of farming in California has risen by 36% over the past five years; inputs like seeds, fertilizer and electricity have all become significantly more expensive.

Instead, they seem more focused on creating a false narrative that farmers are water-rich while city-dwellers are suffering great water shortages. While it is true that “…city dwellers have been forced to conserve water…” it is just as true (but ignored by the AP) that Central Valley farmers have seen their federal water providers completely eliminate water deliveries and their state water providers deliver just 5% of their water allocation. As a result, 410,000 acres of good farmland remained unplanted and unproductive in 2014. 

We could go on dissecting the AP story, with its liberal use of loaded pejoratives, but we’d rather move on and thank the brilliant innovators and entrepreneurs whose creativity and profit-motivated risk-taking (cue gasp of dismay at AP) brought us the Internet, which destroyed the narrow funnels of “news” that for so long limited diversity of reportage and opinion and allows critics of shoddy journalism, like us, to broadcast our case far and wide.

WG on Feinstein Drought Bill – Boxer, Obama & Brown Must Support for Compromise to Be Reached

February 16th, 2016

Last Wednesday, Senator Feinstein introduced a revised drought relief bill. Responding to the bill, Western Growers President & CEO Tom Nassif stated the following:

“We are encouraged by Senator Feinstein’s introduction of a revised drought bill, but to have any chance of success, it must have the support of Senator Boxer and the Obama and Brown administrations, as well as the environmental organizations that have pulled those parties away from reasonable compromise water legislation in the past.”

Read the full text of Nassif’s press statement

For more information, contact Cory Lunde at (949) 885-2264.  

USDOL Reports More H-2A Delays

February 2nd, 2016

Last week, the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) announced that employers who participate in H-1B, H-2A and H-2B temporary nonimmigrant visa programs should expect delays due to “technical network problems.”

The technical problems with the iCERT Visa Portal System (iCERT System) is resulting in delays in the processing of temporary nonimmigrant visa applications for employers. The OFLC said that “although the iCERT System’s application and database are working properly, the network infrastructure supporting the system is exhibiting performance issues that are significantly impacting our staff’s ability to process case actions for our employer customers. The Department’s technology staff is working diligently with the OFLC to improve system performance as soon as practically possible.”

Western Growers has recently met with the offices of Senators Feinstein and McCain and Congressmen Valadao and Farr—all who sit on the Appropriations Committees in the House and Senate—in an effort to highlight this concern and seek assistance with Department of Labor in resolving this issue expeditiously. In addition, Western Growers continues to work with coalition partners such as the National Council of Agricultural Employers to resolve these concerns and is working toward generally making the broken H-2A program more workable. Western Growers staff is assessing the gravity of the current iCERT System situation and expected length of the delay and will report back with information as it becomes available.  Look for additional updates in Spotlight.

For more information, please contact Jason Resnick at (949) 885-2253. 

CA DWR — $30 Million in Ag Water Use Efficiency Grant Money Available

February 2nd, 2016

Last week, the California Department of Water Resources (DWR) released the Final Guidelines and Proposal Solicitation Package (PSP) for stakeholders who wish to apply for the 2015 Agricultural Water Use Efficiency Grants. The deadline to submit applications is March 30, 2016. 

$30 million in grant funding is available for a wide range of agricultural water use efficiency projects that include both implementation projects (e.g., construction projects) and non-implementation projects (e.g., research and training). According to the Guidelines and Proposal Solicitation Package, “A proposed project must generate State benefits to be eligible for grant funding. Benefits to the State include: water savings; increased in-stream flow or improved flow timing; improved water quality; increased energy conservation; reduction of greenhouse gas (GHG) emissions; and increased local water supply reliability. Only agricultural water use efficiency projects are eligible for funding.”

Public agencies, state and federally recognized tribal governments, universities, and non-profit organization are eligible to apply for the competitive grant program. However, private entities with qualifying projects may join with an eligible entity to become a designated grant recipient.

Funding for the grants was included as part of the statewide Water Bond proposal (Proposition 1) which was passed overwhelmingly by California voters on November 4, 2014.

A workshop/webinar will be held on February 10, 2016, to provide information on how to apply to prospective applicants.

Workshop Info
February 10, 2016
10:00 a.m. to Noon (PST)
Department of Water Resources
Large Conference Room, 2nd Floor
901 P Street
Sacramento, CA 95814
(Workshop will also be webcast)

WORKSHOP INFO PAGE

Visit http://www.water.ca.gov/wuegrants/SolicitationsProp1AG.cfm for more information on the program.

Other questions? Please contact WGs’ Gail Delihant at (916) 446-1435.  

Powerful Video Sheds Light on ALRB-UFW Relationship

February 4th, 2016

PickJustice.com, a website dedicated to farm workers’ rights, recently posted a video charging the California Agricultural Labor Relations Board and the United Farm Workers Union with colluding to prevent the farmworkers’ votes from being counted in a decertification election demanded by the workers.

Farm workers featured in the video share their disappointment at the way their voices have been ignored by both the UFW and the ALRB.  On November 5, 2013, workers participated in an ALRB-supervised election to decertify the union.  Decertification would release them from unwanted union representation and the obligation to pay dues, the main reason the workers say the UFW is asserting itself now. Over two years has passed and the ALRB still has prevented the votes from being counted. Explaining why he believes the ALRB has not counted their votes, one worker said, “…it (the ALRB) knows that there are more of us who don’t want the farm worker union…and it knows it’s going to lose. That is a fact.”     

WATCH THE VIDEO

ICE Steps Up Enforcement Audits

February 4th, 2016

U.S. Immigration and Customs Enforcement (ICE) has recently begun to intensify its Form I-9 enforcement activities. It has been reported that a flurry of Notice of Inspections (NOIs) have recently been sent to Santa Maria agricultural employers. The NOI results in an audit of the employer’s Form I-9s and often triggers the dismissal of a large percentage of the company’s falsely documented employees.

Employers that receive a NOI are given three days to prepare for a meeting with ICE agents during which the company’s Form I-9 records for all current and recently terminated employees will be reviewed. In addition, employers may be asked to provide payroll records and other employee-related documentation.

In order to minimize their company’s risk for administrative fines, employers should perform self-audits to ensure that their I-9 forms are properly completed prior to being served with a NOI. It is recommended that members retain outside counsel to review I-9 forms and properly correct errors on the Form I-9. Members served with a NOI are encouraged to call Western Growers’ Vice President and General Counsel, Jason Resnick, at (949) 885-2253.

Senator Feinstein Introduces Revised Drought Bill

February 11th, 2016

On Wednesday, February 10, Senator Feinstein introduced the California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act (S. 2533).

According to the Senator’s press release:

“The revised bill I’m introducing today is the product of two years of work. It includes provisions from Democrats and Republicans alike…

This bill won’t be everything for everyone – candidly, that’s not possible with California water policy. But I believe the bill strikes the right balance.”

A group of Central Valley agricultural water districts (including San Luis Delta-Mendota Water Agency, Westlands Water District, Kern County Water Agency and Friant Water Authority) issued a joint statement in which they stated:

“Passage by the Senate of this legislation will be an important step toward development and enactment of final compromise legislation to address this critical issue, and we support Senator Feinstein’s efforts to obtain quick Senate approval.

Winter storms are beginning to fill northern reservoirs and produce runoff that must be captured, if we are to end California’s historic drought for the 25 million people dependent upon pumping in the Delta. Unfortunately, without meaningful legislation enacted into law, the people of California are likely to endure an uncertain winter season of floods, property damage, and storm water flowing out to the ocean, followed by a summer of drought – a scenario both frustrating and unacceptable. The time to act is now.”

For more information, contact Cory Lunde at (949) 885-2264.

DWR to Release Draft Groundwater Plan Regs This Week

February 18th, 2016

The California Department of Water Resources (DWR) announced that it will release draft Groundwater Sustainability Plan (GSP) regulations this week as part of the Sustainable Groundwater Management Act (SGMA).

DWR is required to finalize GSP regulations by June 1, 2016. An overview of the draft regulations was presented to the California Water Commission yesterday and will be available for public review on DWR’s website.

Western Growers has urged members to get involved at the local level during the SGMA implementation process to provide input to their local groundwater management agency on how to attain sustainability in their basin and to protect pumping rights. This is an opportunity for members to remain engaged on this issue to understand the direction DWR is taking with regard to groundwater management regulations that will affect activities in YOUR basin.  

For more information, please contact Gail Delihant at (916) 446-1435.

DWR Releases Draft GSP Regs and Opens Formal Public Comment Period

February 23rd, 2016

Last week, the California Department of Water Resources (DWR) released its draft Groundwater Sustainability Plan (GSP) regulations and announced that three public meetings will be held in March during which time the agency will receive public comment on the proposal. 

The meetings will take place between March 21st and 25th at the following locations:

Monday, March 21, 2016

VISALIA

4:00 P.M. to 6:00 P.M.

Visalia Convention Center

303 E Acequia Avenue, Visalia

Tuesday, March 22, 2016

SANTA ANA

1:00 P.M. to 3:00 P.M.

Delhi Community Center

505 E. Central Avenue, Santa Ana

Thursday, March 24, 2016

Public Comment Webinar ONLINE WEBINAR

1:00 P.M. to 3:00 P.M.

To access the webinar:

https://attendee.gotowebinar.com/register/2515354223176908292

After registering, you will receive a confirmation email containing information about joining the webinar.

Friday, March 25, 2016

SACRAMENTO

9:00 A.M. to 11:00 A.M.

Secretary of State Building

1500 11th Street, Sacramento

Alternatively, interested parties may provide comment electronically or via mail.

Formal comments can be emailed to: [email protected] (Subject: Draft GSP Regulations Public Comment) or can be mailed to:

California Department of Water Resources

Attn: Lauren Bisnett, Public Affairs Office

P.O. Box 942836

Sacramento, California 94236

The public comment period runs from February 18 through March 25. Written comments must be received electronically or postmarked on or before March 25, 2016.

DWR’s Suggestions for Effective Comments

All written comments received on the draft regulations will be posted online and considered. The most effective comments are those that follow these guidelines:

  • Comments should be concise and focus directly on the draft regulations.
  • Comments should identify the specific section(s) of the draft regulations at issue and should include supporting evidence and facts.
  • The commenter should provide complete references and/or citations, particularly when referring to websites (for example, provide a specific URL address rather than simply citing “DWR website”).

Timeline for Adopting Groundwater Sustainability Plan Regulations

  • Release of Draft GSP Regulations – February 18, 2016
  • Public comment meetings – March 2016
  • Deadline for public comment – March 25, 2016
  • Proposed presentation of GSP Regulations to California Water Commission for consideration and potential adoption – Spring 2016
  • Submission of adopted GSP Regulations to Office of Administrative Law – Spring 2016

For information about DWR’s Sustainable Groundwater Management Program please visit:

http://www.water.ca.gov/groundwater/sgm/index.cfm

For more information regarding California’s groundwater please visit:

http://www.water.ca.gov/groundwater/index.cfm

Questions about groundwater issues? Contact Gail Delihant at (916) 446-1435.

 

AZ OSH Advisory Committee to Discuss ‘Backover’ Standard at March 2 Meeting

February 23rd, 2016

The Arizona Division of Occupational Safety and Health (ADOSH) has issued noticed that the OSH Advisory Committee will hold a public meeting on Wednesday March, 2, 2016, in Yuma, Arizona. Among other agenda items, the committee will be entertaining discussion and taking public comment on recommendations for a proposed ‘backover’ standard covering agriculture issues in Arizona. Backover regulations pertain to equipment and process requirements for a variety of vehicles when traveling backwards.

Western Growers encourages members to attend the hearing and voice their concerns about the impact of the rule on their operations.

Meeting Details

OSH Advisory Committee Meeting

Wednesday March, 2, 2016

10:00 a.m.

Yuma County Main Library, Conference Rooms A & B

2951 S. 21st Drive, Yuma, AZ 85364

View the Public Notice and Agenda

For more information, contact AnnaMarie Knorr at (602) 451-0658.

Supreme Court and DAPA/DACA Consideration

February 25th, 2016

Later this spring, the Supreme Court will be taking up U.S. v. Texas, and the court’s decision in this case will determine whether the Obama Administration’s expanded deferred action program, Deferred Action for Parents of Americans (DAPA),  is allowed to proceed or not. A number of groups across the country and in California are preparing to file amicus (“friend of the court”) briefs urging the court to allow the DAPA program to proceed.

Western Growers has advocated tirelessly both for legal status to be granted to the existing workforce in agriculture and a new more workable and market-oriented agriculture guestworker program, and while the failure of Congress has led the White House to take limited action, it does not solve the underlying problems in our immigration system.

The administration’s actions, if granted, may provide temporary legal status to a portion of the workforce in agriculture, but can also be revoked in the future and send those workers immediately into deportation proceedings. The number of individuals that could receive or would even come forward to apply for this temporary status is very difficult to estimate.

Additionally, unlike immigration reform legislation these actions provide no unique incentives for agricultural employees to remain in agriculture. Furthermore, these administrative actions leave the current agriculture visa system untouched, in spite of the fact that regulatory reform and relief under the H-2A program is well within the authority of the executive branch. So, we have no confidence that these actions would do anything to ease the growing labor shortages farmers have been facing for several years or move towards finally fixing our broken immigration system.

Because of the uncertain impacts of these measures on agricultural employers and workers, Western Growers and a number of agricultural groups are not filing amicus briefs supporting the administration’s actions in the court case.   

For more information, contact Ken Barbic at (202) 296-0191.   

PRESS RELEASE: Western Growers Launches Tech Talk Series to Bolster Innovation in AgTech

February 2nd, 2016

IRVINE, Calif. (Feb. 2, 2016) – Western Growers will launch its first Tech Talk Series on Tuesday, February 9 at 4:00 p.m. at its Center for Innovation & Technology in Salinas, Calif. The new program will introduce the community to start-up companies working to develop innovative solutions to the biggest challenges facing agriculture. The series, which is also available via webinar, launches next week and continues monthly.

“With a global population expected to reach 9.3 billion within the next 30 years, it is up to us to bring entrepreneurs and farmers together to create technologies that will help dramatically increase food production,” said Tom Nassif, Western Growers president & CEO. “Through our Tech Talk Series, we are now bringing the community into this partnership, allowing them to connect with leaders in agtech to help advance our mission to bring the agriculture industry to the next level.”

Speakers from a wide spectrum of the agricultural technology (agtech) arena including food waste conversion, drone/satellite imagery, farm management applications, natural gas cogeneration, food safety software, and packing specification management will be presenting throughout the series. All speakers will be resident start-up companies in Western Growers Center for Innovation & Technology (WGCIT), an agtech incubator that opened its doors in December 2015.

Kicking off the series will be Inteligistics, a software company that aspires to improve the fresh produce industry’s cold chain. Inteligistics offers innovative cool chain temperature visibility solutions to the fresh produce industry using “Internet of Things” and “Big Data” technologies. During the event, the Inteligistics team will speak about new technologies and their products, as well as answer questions and offer valuable feedback on entrepreneurship and agtech. 

The Tech Talk Series is offered at no cost. Please RSVP to Jennifer Krebs at [email protected] to attend the February 9 event in-person, and to attend via webinar, register here. Additional information about the Tech Talk Series or the WGCIT can be found at http://www.wginnovation.com.

 

PRESS RELEASE: Western Growers Encourages Action Following Introduction of Senate Water Bill

February 16th, 2016

IRVINE, Calif. (February 16, 2016) — Statement by Western Growers President and CEO Tom Nassif encouraging congressional action following introduction of the California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act by Senator Dianne Feinstein last week:
 
“We are encouraged by Senator Feinstein’s introduction of a revised drought bill, but to have any chance of success, it must have the support of Senator Boxer and the Obama and Brown administrations, as well as the environmental organizations that have pulled those parties away from reasonable compromise water legislation in the past. 

We agree with Senator Feinstein that ‘we need congressional action, and we need it now.’ We have already lost billions of gallons of El Niño water to the ocean, water that could have been safely pumped and stored to help us through the current and future droughts.

We hope that both California senators will push this legislation to mark up in the Senate Energy and Natural Resources Committee. In addition to revising the flawed policies restricting water capture and storage in California, a number of Western senators, under the leadership of Chairwoman Murkowski, have been working on water and drought relief legislation that could benefit all of the western United States by streamlining new storage and taking other steps to give states and water agencies greater flexibility to manage increasingly uncertain supplies. 

Senate action on this legislation is urgently needed in order to create an opportunity for compromise legislation to be negotiated with the House of Representatives.

Mother Nature is providing us with the gift of water this year, but we know this drought won’t be broken with one good year of precipitation, especially when our policies allow too much of that water to flow out to sea. Federal legislation is urgently needed to provide greater certainty that water capture and storage will be maximized, and to allow for more storage in California and throughout the West.”

Where Have The Statesmen Gone?

February 5th, 2016

I have said many times that the politics of immigration reform can be summed up by the following maxim: “Democrats want immigrants to vote and not work, Republicans want immigrants to work and not vote.”

While this adage may be an oversimplification, it characterizes the ideological divide that has prevented any type of meaningful immigration reform from passing Congress in nearly three decades.  Rather than working together to repair an obviously broken system, we have instead seen our elected officials trade barbs and retreat to their partisan corners.

As long as I’ve been with Western Growers, we have acknowledged that many of our farmworkers are falsely documented.  We have also asked to be part of the solution, one that strikes a reasonable balance between the “policy priorities” of both parties.

For example, we can support the border enforcement and federal worker eligibility verification demanded by Republicans, but we must first have access to a legal, stable supply of labor for our fields.  This means that our existing skilled workforce must be provided with the right to remain in this country, to earn some type of legal status, whether that takes the form of a work permit or an opportunity to apply for citizenship.

This also means that we must have a market-based visa program that works cooperatively with, not obstinately against, agriculture to ensure a future flow of guest workers to do the types of farm jobs Americans will not do.

Unfortunately, the last serious effort at immigration reform collapsed back in 2014 prior to the midterm elections, and no serious negotiations have taken place since.  And while House Republicans lay the blame at the feet of President Obama, they must share in the blame.  The truth is, in the aftermath of Majority Leader Eric Cantor’s primary defeat that June, very few House Republicans have been willing to take a vote on immigration reform for fear of being outflanked by Tea Party opponents.

Yet the rhetoric from House Republicans remains: “We support immigration reform…just not this year.”  We are in an election year, they tell us.  We’ll take it up again in 2017, they tell us.  We know from experience to be skeptical.  Even if Republicans retain control of the House, the Tea Party is not going away so they will unable to muster 218 votes unless they get support from Democrats, which they don’t want because of the price they would have to pay for that support.

But House Republicans are not the only ones refusing to take serious aim at resolving bottom line issues facing our members.  Last year, as the year before, most of the Democrats in California’s congressional delegation scuttled yet another attempt to pass bipartisan legislation that could have assuaged the economic and human damage being caused by the ongoing drought.

After months of negotiations that involved major concessions from the House Republicans—including acceptance of federal funding for recycling and desalination projects and acquiescence to environmental demands regarding the San Joaquin River restoration program—it was a case of déjà vu.

Instead of pursuing a rational solution that could have eased the Delta pumping restrictions while maintaining the integrity of the biological opinions under the Endangered Species Act, they walked away from the bill.  Consequently, the El Niño rains that are falling outside my window as I write this column will wash out to sea rather than be judiciously collected and stored for future times of need.  Sen. Dianne Feinstein recently met with me and many other parties to discuss her new legislative approach to this problem, so maybe 2016 will produce some real help that moves more water to farms and cities south of the Delta.

My conclusion is this: On our two most important public policy priorities, we are being harmed by the refusal of both parties to act boldly—Republicans on immigration reform (especially in the House of Representatives) and Democrats (in both the Senate and House) on water supply.

My solution is this: We need fewer politicians and more statesmen.  We need individuals willing to set aside overriding personal ambition and political ideologies and take the kinds of risks that leadership demands.  Central to the concept of leadership, at least in the American system of representative democracy, is the art of compromise.  Nothing gets done without it.  Does anyone believe our Constitution and Bill or Rights were drafted without statesmen making compromises they found exceedingly difficult?

As a child, I was frequently admonished by my parents to remember that, “you can’t always get what you want.” The Rolling Stones said the same thing, and they added this key reality: “If you try sometimes, you get what you need.”

Whenever competing interests are involved, as they are on immigration reform and water supply, no solution will satisfy every demand of every party.  Isn’t it about time our legislators took a page from the history books and remember what it took to make America great?  If not, I promise we will continue to remind them.

GUEST WORKERS: Existing Program Cumbersome, But Some are Utilizing It

February 5th, 2016

Though several Western Growers members are using the U.S. Department of Labor’s H-2A Program, which is the only agricultural worker visa program, they seem to be doing it reluctantly and even after years of use, still call it “cumbersome” and “very difficult to use.”
“We use it because it is our only option,” said Carmen Ponce, vice president of human resources and in-house counsel for Tanimura & Antle (T&A), which is headquartered in Salinas, CA.  “We have no other way to fulfill our contracts.”
Western Growers Board Member Sonny Rodriguez, who operates his farm labor contractor business under the moniker of The Growers Company Inc., Somerton, CA, echoed similar sentiments to describe his experiences over the last decade with the government program.  “We have no choice but to use it,” he said.  “It is a long arduous process.  It seems as if it was designed not to be used.”
Western Growers’ Vice President and General Counsel Jason Resnick said it seems that way because that is an apt description.  “It has always been difficult and cumbersome, but we achieved a little bit of relief in December of 2008, when the Department of Labor announced a streamlined rulemaking process during the final days of the George W. Bush Administration.”
Resnick explained that the proposed rules were going to make it easier for employers to apply for and receive the guest workers that they needed.  “Unfortunately one of the first things the Department of Labor did under the new Obama Administration was roll back those changes and announce a new rule-making process.  The new rules made it worse.”
Resnick, who has been helping Western Grower members fill out H-2A applications since 2005, said it appears that those in charge don’t like the program and continually come up with new ways to make it more unworkable.
Ponce agreed with that assessment.  “Every year they seem to come up with something new to throw at us.  One year a particular procedure is fine and the next year it causes problems.”
Ponce, Rodriguez and Resnick have each been using the H-2A process to apply for temporary guest workers for the past nine to 10 years, and while familiarity has brought some knowledge of the potholes and pitfalls to avoid, they all say it is still no walk in the park.
At the most recent Western Growers Annual Meeting, outgoing Chairman of the Board Vic Smith of JV Smith Companies noted in his Chairman’s Address that immigration reform does not appear that it is going to happen anytime soon while the farm labor shortage grows more acute every year.  He urged industry members and Western Growers to utilize the H-2A program to a greater extent in the coming years to alleviate the shortage situation.  Smith reasoned that in other regions of the country, the program is utilized to a greater extent, so it is doable.  Those who have used it don’t disagree, but they also are sure that the current program can’t be the sole answer to the industry’s growing labor shortage.  Resnick said if scores of California and Arizona growers and shippers applied for thousands more workers, DOL and the other three agencies involved in the process would be overrun with work.
Rodriguez agreed, noting that a computer glitch in the past year held up the approval of a number of applications well beyond the timetable spelled out in the regulations.
Ponce said 2016 marks the ninth year T&A has applied for and received temporary workers under H-2A.  “The first year we received about 200 workers and this year we were certified for 749.  I do not remember if we have increased our number each year, but it has been steadily increasing over time.”
She said for these nine years all the workers have been recruited for the winter vegetable harvest in the Yuma area.  The company has not yet had to recruit foreign workers for its spring and summer program in California, but Ponce is preparing for that potentiality.  In early January, she said the company is already trying to entice its Yuma and Imperial Valley workers to make the trek up to Salinas for the summer harvest, as she fears “we will have a shortage of labor.”
Many laborers who work for the firm in the desert regions during the winter no longer come to Salinas because of the cost of living.  Ponce said housing is very expensive in the Salinas Valley and many workers say it just isn’t economically feasible to follow the northern migration of the vegetable crops.  T&A is tearing a page out of its H-2A playbook and is currently in the process of building farmworker housing in Salinas that can handle as many as 800 single adults.  The housing is not designed for families, which will undoubtedly cause some of those workers in the desert regions or Ventura County to decline the offer to come to Salinas Valley this summer.
Of course, under the H-2A program, a company application has to provide certified housing for workers.  Resnick said that is one of the major stumbling blocks to increased participation in the program.  Many companies don’t have that housing and it is difficult to obtain.
Ponce said T&A struggled with that aspect of the program for several years before purchasing two apartment buildings in the desert for the singular reason of supplying housing for their winter vegetable H-2A workers.  The apartment complex was retrofitted with $400,000 of upgrades and remains vacant during the time of the year when the Yuma area is not in production.  That is an expensive proposition, but Ponce said is a necessary one to be able to have housing for those workers when it is needed.
Right now, the Salinas housing being built by T&A is designed to provide suitable housing for its domestic workers who do come up to Salinas this summer, but Ponce said if the company needs to supplement its work force with H-2A workers “that housing will be used for them.”
The T&A executive said the company will have to make the decision to apply for summer H-2A workers sometime in March.  The application for workers has to be submitted in the 45-60 day window prior to need.  “Hopefully I’ll know by then whether we will need additional workers this summer.  Hopefully we won’t.”
Resnick said the timing deadline for the H-2A application is one of the choke points that creates delay.  The applicant is actually working with multiple government agencies as the application works its way through the system.  It is often plagued with delays meaning the harvest starts without the workers being approved for use.
Resnick explained that even after the application is approved, each worker must be interviewed by the U.S. consulate in Mexico, or their country of origin, to be certified for the program.  Often times, he said there is a very short window between approval of the application and the need for the workers.  “Sometimes we have the approval, but there are no interview times available for several weeks.”
The Western Growers legal staff has been submitting applications for members on a fee basis since 2005.  He advises all industry firms to work with an experienced application processor when they attempt to secure H-2A workers.  He said there are just so many obstacles that need to be cleared.
Rodriguez agreed.  He has been filing for H-2A workers for the past nine years and said new issues arise every year.  He praised Resnick and Western Growers for helping him through the process each year.  The Growers Company has somewhat solved the consulate interview issue by alerting the consulate staff way in advance that they will have a need for interview time.  Rodriguez said this tends to work, but it is just one of the many issues that complicate the entire process.
Both Resnick and Rodriguez said there have been a few changes in recent years that have made the process easier including the use of email as a communication tool between the government agencies and the applicant.  Previously communication was by mail and Rodriguez said it was often the cause of delays.
After an application has been approved, it is only then that the applicant can request certification of his housing and start to recruit for workers in Mexico, who then must go through the aforementioned U.S. Consulate interview process.
Ponce said only the first year did T&A have to interview in Mexico for workers.  “Since then we have received more than enough applications through word of mouth.”
But she said that loyalty comes with a hefty cost.  The company pays all of its employees well, including the H-2A workers, with incentive bonuses creating an average pay well above the adverse effect wage rate with some workers approaching a pay of $20 per hour.
Rodriguez reiterated his position that the only reason to use H-2A is because there is no other option.  He likened it to the old country & western song that opines that the “girls get prettier at closing time.”  When the crops need to be harvested and there are no workers, employers have to welcome them wherever they can get them…including the H-2A program.
He notes that even with about 4,000 H-2A workers in Yuma this year, the labor shortage is still chronic.  “My crews are rarely full.  The workers just aren’t here.”

Sidebar:
H-2A Process
To qualify for H-2A nonimmigrant classification, the petitioner must:
•    Offer a job that is of a temporary or seasonal nature.
•    Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
•    Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
•    Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition.

Once that has occurred, the following steps can be taken.
Step 1: Petitioner submits temporary labor certification application to the U.S. Department of Labor (DOL).  Before requesting H-2A classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2A workers from DOL.  For further information regarding the temporary labor certification requirements and process, see the Foreign Labor Certification, Department of Labor Web page.
Step 2:  Petitioner submits Form I-129 to USCIS.  After receiving a temporary labor certification for H-2A employment from DOL, the petitioner must file Form I-129 with USCIS. With limited exceptions, the petitioner must submit original temporary labor certification as initial evidence with Form I-129.  (See the instructions to Form I-129 for additional filing requirements.)
Step 3: Prospective workers outside the United States apply for visa and/or admission.  After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must:
•    Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
•    Directly seek admission to the United States in H-2A classification with CBP at a U.S. port of entry, if a worker does not require a visa in cases where an H-2A visa is not required.

Foodservice Focus Drives Sales

February 5th, 2016

Tim York
President
Markon
Salinas, CA

BETTER THAN MILITARY SERVICE: As Tim York was graduating from San Diego State University in 1977 with a liberal arts degree, he was considering a career in the military.  “My paternal grandfather was career cavalry, my maternal grandfather was a lieutenant colonel in artillery and my father was also a lieutenant colonel in artillery.  So I thought I would join the Army.  My dad didn’t want me ‘scrubbing out garbage cans’ and my mom was afraid I’d be sent to Asia.”
Instead, they asked Tim’s uncle, Howard Hall, to find him a job in the fresh produce industry.  He had done that before as Tim spent the summer of ’75 loading trucks on the Dave Walsh dock in Salinas.

A CAREER IS LAUNCHED: In that 1977 season, H.Hall & Co had just begun operations as a strawberry shipper and consolidator.  York remembers that in those days, many of the Salinas shippers specialized in only a few commodities: Mann did broccoli; Dole was celery and lettuce; Oshita was green onions; Mills was leaf lettuce and iceberg.  “Most grower-shippers specialized in specific niches,” he said.  “We offered one-stop loading.”

THE MOVE TO MARKON: York stayed with Hall until 1985 when he joined Dave Eldredge and help to launch Markon.  Five broadline foodservice distributors started Markon as a co-operative to purchase the fresh produce that they were selling to their foodservice customers.  “It was a two-person office,” York said, that operated relatively autonomously.  “One reason it worked is that from the very beginning the co-op members knew they were experts in foodservice and hired us as the produce experts.  They let us run the ship.”
Eldredge stayed in the top spot for five years before moving on in his career to Tanimura & Antle.
It was 1990 and York became the top executive at Markon.  It is the position he has held ever since.

THE EARLY FOODSERVICE YEARS: When York started with Markon, foodservice was definitely a step-child of the retail business that most grower-shippers focused on.  York said in buying produce for foodservice buyers, he and his colleagues had to convince shippers to create specific foodservice packs.  There weren’t too many restaurants, for example, that wanted to purchase a 40-pound box of lemons.  Foodservice customers desired smaller quantities and it was Markon’s job to convince shippers to cater to these customers’ needs.  “The more progressive companies saw the potential and were easy to work with.  Some of the others took longer to come around,” he said.
But in the 1990s, value-added products were coming into vogue and many of those companies started creating packs specifically for their foodservice customers.  Of course, York said respiration rates of packaging had not been thoroughly vetted and there were many missteps along the way with inedible packs arriving at destination.  Quality control, he said, was a huge part of the function of the Markon team.  In 1996, Markon launched its “Ready-Set-Serve” line which took foodservice prep out of the kitchen and back to the point of origin.  This greatly enhanced the use of fresh produce in foodservice.

MARKON’S EVOLUTION: Over the years, the number of members of the co-op has fluctuated a bit growing to as many as 11 firms.  Today it sits at seven, which York said represents a good amount of business.  There are now 46 employees buying product from around the world, and making sure its gets to the dozens of distribution centers that its members operate throughout the United States and Canada.  York said those seven members cover all of Canada and have pretty much saturated the eastern half of the United States.  They have less coverage in California and the Pacific Northwest, but York said the seven co-op members are each growing their businesses, including expansion in the West.  Each of those seven members are family-owned companies represented by second, third, even fifth generation owners.
The functionality of Markon has evolved over the years as besides being a purchaser of fruits and vegetable, the firm’s representatives also help to create new innovations in packaging, work on food safety issues and develop marketing and branding programs.

THE WESTERN GROWERS CONNECTION: “I have been working with Western Growers since I started in the business,” said York.  “We work with Tom Oliveri and Matt McInerney on credit issues just like I did when I was with Hall 40 years ago.  We’re all still here,” he quipped of the WG duo and himself.
He said though Markon is not a grower and not directly involved with the regulations and battles WG fights for its grower members on a routine basis, it is peripherally impacted by those many decisions, and very much appreciates the work the organization does.  Markon has also worked with Western Growers’ Hank Giclas on food safety issues and was materially involved on the development of the Stewardship Index.

AERIAL IMAGERY Using ‘Old’ Technology for New Analytics

February 5th, 2016

Editor’s Note: TerrAvion was one of the companies that took part in the technology Innovation Arena session held during Western Growers Annual Meeting in San Diego in November.  The firm received the audience award for best idea and as such is rewarded with this feature story.)

Robert Morris admits it would be “cooler” and easier to find venture capital funding if he used drones to map out farmland in California, Chile and other places that his firm is operating.  But the fact is, Cessna aircraft piloted by flight school instructors is much more cost effective and efficient.
“We are mapping three times more acres in a week (3 million) than the largest drone company is doing in a year,” he boasts. “We would love to use drones.  They are sexier and it would be easier to raise money, but the bottom line is you have to service your clients.”
Ironically, Morris, the founder and CEO of TerrAvion, based in San Leandro, CA, was led to this pursuit by his work with drones when he was in the military in the middle of the last decade.  Morris grew up on the East Coast and earned a philosophy degree in college in 2003.  That was a time when the United States was engaged militarily in the Middle East in a big and unpopular way.  Morris was fit and intelligent and felt compelled to do something for his country.  As he was going through officer candidate school in 2004, the Abu Ghraib scandal became public and the young man was excited about helping to be part of a change in both the culture of the military and the reputation of those who served.
Initially, his efforts weren’t that successful as he twice failed to graduate from Ranger School.  He said he was a bit of a misfit and wasn’t quite able to meld in to the Army’s autocratic style of leadership.  He was a bit too collaborative for his superiors, noting that skills that play well in the civilian world aren’t as appreciated in the military.  Nonetheless, he eventually was assigned to a platoon that needed a lieutenant and his brigade had the fortune of being equipped with a drone.  After some stateside training, the unit was shipped to the Middle East and over the next couple of years, Morris and his team were able to use that drone very effectively to identify the enemy and root them out.  “I am very proud of the fact that I know we saved a lot of lives of both Afghan civilians and U.S. soldiers from the work we did.”
He explained that his brigade had a “Shadow” drone, which he says is similar but inferior to the “Predator” drone in every way.  But that inferiority meant that it was never taken away from the unit and deployed in another fashion.  Morris’ brigade, and the Army units they worked with, came to rely on the information that was generated regularly by the drone and could act upon it.  Morris’ take-away from his military drone experience:  “Information is power.”
After he left the Army, he worked in the technology field and eventually received a graduate degree from Carnegie Mellon University in a technology-related field.  It was while in grad school that a grape grower friend piqued Morris’ interest in using drones in the agricultural sector.  He relayed that many of his college buddies had business ideas involving drones, but most also involved alcohol in one way or another and were more folly than serious.
The grape grower’s idea was different.  “He was a small boutique grower who didn’t know how much water he should put on his crop.”
Morris reasoned that if a small grower had difficulty quantifying the needs of his acreage, as a grower gets larger the difficulties must also increase.  With a partner skilled in the software side of the business, Morris launched TerrAvion with wine grape vineyards being his launch crop.
Today the company works in many different crops and has field offices in Chile and the Pacific Northwest to complement its Bay Area headquarters.  The company will also soon be offering a product for field crop growers east of the Rockies.
The TerrAvion offerings marry aerial imagery with a software package that creates detailed and geographically-accurate photographic views of the fields under contract on a regular basis.  The frequency depends on the time of the year and the crop being grown, but in general, Morris said growers typically get a fresh set of images every week when they are in production.  He said firms using drones are typically providing this service for $6 to $15 an acre for a single pass resulting in the imagery.  TerrAvion’s open rate is $1 per acre and on a contract basis a subscription can be as low as 25 cents per acre per image.
He said the savings are realized largely through the use of flight school Cessnas rather than drones.  He said there are many flight schools with instructors sitting around between lessons vying to log more flight hours so they can advance in their careers.  TerrAvion contracts with these pilots, equips their planes with aerial cameras and maps out their routes.  The cameras, and the computers attached to them, automatically upload the images to the “cloud,” where TerrAvion’s software package takes over.  Through GPS technology, the location of the images are identified and they can be accessed by the grower, typically on the morning after the flight has occurred.
Morris said that while TerrAvion does have computer programs that can analyze the images using the color spectrum and other technology, that is not the main benefit of the offering.  “We are not in the interpretation business.  I am very skeptical that you can farm from a computer,” he said.
Instead, he bills the images as a visual aid that allows growers to allocate their resources properly.  A grower can look at a photograph of a field and compare it to images taken of the same field throughout the season.  Maybe he sees yellowing in the middle of an area that wasn’t there the week before.  He can then visit that field and determine the problem and solve it.  “No algorithm is as good as a grower’s eyes,” Morris said, but the aerial imagery can replace hours of driving around and checking out those crops.
He noted that some growers have revealed that the savings in gas alone covers the cost of the imagery.  “We are setting the subscription cost at ¼ to ½ of 1 percent of input costs.  If the pictures show you anything at all, it should be a no-brainer.”
Morris said early indications are that growers agree.  The company has had excellent success in the wine grape industry and a new offering to potato growers in the Pacific Northwest has taken off.  In addition, he said vegetable growers in California have been scaling up their pilot projects.  Interestingly, he has found that for high-value crops, like those in the fresh produce industry, growers are very interested in using this tool for forecasting.  It is of great benefit for a grower to have a more accurate reading of his upcoming production.
The packages offered by TerrAvion are sold by ag supply distributors in many different locations.  Morris said the firm is happy to field any inquiries at any of their offices and representative will explain the services and/or point the potential client toward the appropriate distributor.  The company can be reached through its website at www.terravion.com

USC Could be Thrown for a Loss In Football Coach Firing

February 5th, 2016

The University of Southern California made national news last fall when it publicly fired its head football coach Steve Sarkisian.  Sarkisian was on shaky ground even before the season started, when he showed up drunk at a preseason rally, slurring a profanity-laden speech before a stunned audience of university supporters and parents.  He apologized soon after, announcing he planned to get treatment of some kind.  Yet he also said he didn’t believe he had a drinking problem.  His outburst, he said, was due to his mixing alcohol and medication.  Apparently Sarkisian was reprimanded after the incident by Athletic Director Pat Haden.
Other than a lackluster win-loss record at the time (3-2 and 1-2 in the Pac-12), the season began without further incident.  But after being upset by his former team, the University of Washington, Sarkanian arrived at team facilities appearing to be intoxicated, according to the school and several media reports.  Depending on which report you believe, Sarkisian either requested, or was placed by Haden on, an indefinite leave of absence.  But the next day, USC terminated his employment for cause.

From the Gridiron to the Courtroom
Surprising to some, and not so much to others, Sarkisian sued the school, alleging 14 causes of action, including breach of contract and disability discrimination under the California Fair Employment and Housing Act (FEHA) and failure to reasonably accommodate his disease of alcoholism.  He is seeking a reported $30 million, the remaining value under his contract plus damages for emotional distress, since he was, according to the complaint, “kicked to the curb.”
Alcoholism is a recognized disability under the federal ADA and analogous state disability laws including the FEHA.  This doesn’t mean an employee can come to work drunk and avoid disciplinary action by claiming he was under the influence of alcohol.  However, while an alcoholic employee’s misconduct can serve as grounds for termination, some courts will still find liability against the employer when the misconduct is the “direct result” of the disability (e.g., absenteeism caused by alcoholism.)  An employer who has a policy expressly prohibiting alcohol in the workplace that contains the consequence of disciplinary action up to and including termination will be in a much stronger position to defend its actions in such a case than an employer lacking a policy.  It’s also important for the employer to apply its policies consistently.
Just like any other qualified disabled individual, an individual who suffers from alcohol dependency still must be able to perform the essential functions of the job, with or without reasonable accommodations.  Employers are permitted to hold an employee dealing with alcoholism to the same job performance and attendance standards as other employees.  Employers have the right to discipline an employee who abuses alcohol and fails to perform the job.  Yet, employers must be cautious not to overreact, as USC allegedly did, and discriminate against an alcoholic employee based solely on their disease.

Advice for Employers
•    Employers should have a policy expressly prohibiting alcohol in the workplace.
•    Train supervisors on how to respond to episodes that may involve alcohol.
•    Train supervisors to respond to requests for accommodation nonjudgmentally and to forward the request to Human Resources.

GROUNDWATER MANAGEMENT Implementing 2014 Plan is Well Underway

February 5th, 2016

The Brown Administration and local water and irrigation districts are well into the process of implementing the 2014 groundwater management legislation.  With mandated deadlines looming, members who depend on groundwater need to get involved at the local level to provide input on the best way for your local groundwater management agency to attain sustainability in your basin and to protect your pumping rights.
The following lays out what you need to know and what you need to do to help set up a plan that’s in your best interest.

SGMA Grants Local Control of Basins and Sub-Basins
The structure for managing groundwater came from three bills: AB 1739, SB 1168 and SB 1319.  Together the bills are referred to as the Sustainable Groundwater Management Act or SGMA.  The law vests power in local agencies to adopt groundwater management plans tailored to the needs and resources of each community, a key issue advocated by Western Growers when the bills were being considered in the Legislature.
When he signed the bills, the governor acknowledged that groundwater management is best accomplished locally.  Brown said local agencies would have the power to assess the conditions of their own groundwater basins and take the necessary steps to bring chronic long-term overdraft basins into balance.  The law allows for limited state intervention when necessary to protect groundwater supplies only where local agencies fail to exercise their responsibilities as articulated by the legislation.
Provisions within SGMA require the creation of Groundwater Sustainability Agencies (GSAs). GSAs can be a single local agency or a combination of local agencies, and are responsible for developing, implementing and enforcing a basin’s groundwater sustainability program.  Local agencies are public entities that have responsibilities for water supply, water management or land use.  SGMA assigns the responsibility of working with local water agencies to the Department of Water Resources (DWR), and also grants the agency the ability to provide technical advice.  GSAs in high-and medium-priority groundwater basins are required to be formed by June 30, 2017.
Once established, a GSA is required to set-up a Groundwater Sustainability Plan (GSP).  A GSP is the plan a GSA follows to ensure a basin or sub-basin area is meeting its sustainability goals.  Whether or not you are located in an area that already has a GSP in place, the GSA MUST submit its plan to DWR for approval.  As required in the SGMA, all basins designated as high or medium priority and critically over-drafted shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020.  All other high and medium priority basins must be managed under a groundwater sustainability plan by January 31, 2022.
According to DWR, the legislative intent of SGMA is to recognize and preserve the authority of cities and counties to manage groundwater pursuant to their existing powers.  As such, local governments play an important land use and water management role in California and should be involved in GSA formation and GSP implementation.  A GSP is required to take into account the most recent planning assumptions stated in local general plans of jurisdictions overlying the basin.

SGMA’s Importance to You
SGMA’s most basic function is to manage the basins’ water supply, taking into account all users of water in the basin.  That could mean no more pumping groundwater at will.  WG’s Executive Vice President Dave Puglia offered his own take on getting members to be involved in the process.  “The irrigation and water district managers that serve our members are already working hard on SGMA implementation, but growers can influence future groundwater management realities by engaging directly with district staff and their board members.”
And remember, just because you live in an area with an existing Groundwater Management Plan, doesn’t mean that you are safe.  You need to make sure that the supervising agency (GSA) submits a plan to DWR that can be approved.

What You Need to Do
Start by contacting your own water district or agency. Let them know you want to be involved in the process and want to be kept informed about what actions are being taken.  If you are unsure of who your water district or agency is, contact your county water department for assistance.

DWR SGMA Web Page
Need to find out who submitted an application to become your GSA?  DWR has a webpage (http://www.water.ca.gov/groundwater/sgm/index.cfm) devoted to SGMA and is filled with useful information.
The GSA Formation Notification Page (http://www.water.ca.gov/groundwater/sgm/gsa_table.cfm) has a table that lists all of those applicants.  Knowing who the applicants are will help you know where your support needs to go.  The website also offers an interactive map showing the location of the local agencies that have applied to be a GSA, groundwater basins, basin prioritization and adjudicated areas.  Areas previously adjudicated are the only ones not required to submit GSPs.
The boundaries of the GSAs are based on information submitted to DWR by those local agencies.  DWR has a webpage (http://www.water.ca.gov/groundwater/sgm/basin_boundaries.cfm) that addresses basin boundary issues and allows eligible local agencies to submit a boundary modification request.  The submission period is open from January 1, 2016 through March 31, 2016.

Pay Attention
Besides getting involved in the process, pay attention to your local papers.  Be on the lookout for public notices of meetings that are being advertised.  ATTEND THEM and EXPRESS YOUR OPINION!  As with any public meetings, SGMA is required to post notification of such meetings.  Also pay attention to your water bill.  Don’t just throw away the extras that comes with it; those extras may be notices about upcoming meetings.

What Western Growers is Doing
SGMA is very complicated.  There are many moving parts.  WG staff is providing advice and counsel to DWR and the other entities for how groundwater sustainability plans are approved.  WG is also working with them to draft language that spells out what GSPs need to contain in order for them to get approved.
WG’s work with DWR notwithstanding, the most important thing our members can do is to get involved NOW at the local level, where implementation of groundwater management will take place.

Steve Montenegro, Speaker Pro Tempore of Arizona House of Representatives

February 6th, 2016

(Editor’s Note: The questions and answers have been paraphrased for brevity and clarity.)

Steve Montenegro, a Republican, was first elected to the Arizona House of Representatives in 2008 to represent District 12.  Redistricting has changed his districts to now be number 13.  He is currently serving his fourth term.  He was chosen by his colleagues to serve as Majority Leader at the beginning of the 2015-17 session.  Following in his father’s footsteps, he is also a pastor at the Surprise Apostolic Assembly.

Where were your born and raised?
I was born in El Salvador in 1981 and my parents immigrated to the United States when I was five years old in the mid-‘80s.  They came to the United States for the American Dream.  My father was a minister, but until he was offered a church, he drove a truck and sold the World Encyclopedia.  My mom was a secretary.
We first flew into California and settled in Los Angeles.  My father was eventually offered a church in Colorado where we stayed for four and a half years and then we moved to Canada for a couple of years.  Eventually he was offered a position as a pastor in Surprise, Arizona.  We moved here when I was about 14 and entering high school, and we have been here ever since.

A stay in California, then Colorado, then Canada…what did you think about moving to Arizona?
I was excited.  I wanted to work and I thought you could work in Arizona at age 14, which turned out not to be true, but I was excited to come here.

Tell us about your educational experiences and how you got into politics?
I went to high school in Surprise and then went to ASU (Arizona State University) and studied political science.  My plan was to become a lawyer, not to run for office.  In fact, it was when I was applying for law school after college that I made the decision to run for office instead.  I had an acceptance letter in hand from law school, but there were people urging me to run for office.  I could either go to law school where I could learn how to interpret laws, or I could join the Legislature and write the laws.  That was an easy choice.
I was politically involved in college and I did volunteer on a couple of presidential campaigns, but I never envisioned running for office.  I was a newcomer when I ran and the newspapers didn’t give me a chance to win.

Did you approach the election as an opportunity to get your feet wet and just get your name out there?
Although I had no clue I was going to win, I did give it everything I had.  I don’t think I slept for a minute during the three days prior to the election.  My election is proof that your vote does count.  I won by only 481 votes.  Every vote counted.

When you first ran for office in 2008 did you have a signature issue and has that changed over the years?
I have always had the core belief that big government really is oppressive.  My focus has always been on what the individual can do to make this country great.  I believe you can dream big and work hard and accomplish what you want to do as long as government gets out of the way.  I believe that through regulations government puts so much weight on the backs of people it is getting harder to succeed.  As a legislator I try to do everything I can to make sure we are giving people the opportunity to succeed and not burdening them with regulations.

When you came into office, the Arizona budget was in a huge deficit and that was the most important issue facing the legislature.  Has that crisis passed?
In 2008, the Arizona budget had a $3.5 billion deficit.  We worked hard to right the ship and I believe the budget will be balanced in the next year or two.  A new governor came in and that helped, but we all made the budget the top priority and solved that problem.  I think the budget situation will continue to be our top priority.

How important is agriculture to Arizona?
It is essential.  Agriculture is fundamental to our success and it is a lifeline to Arizona and the rest of the country as well as the world.  Yuma alone is the winter vegetable capital of the United States.  Agriculture is a treasure and we need to spread that word.  I have taken it upon myself to be an advocate for agriculture and spread the message.  Agriculture is still very important in Arizona and the Legislature knows that.  Agriculture has not lost its clout in the Capitol.

Immigration reform is an important issue for agriculture.  As an immigrant yourself, what’s your take on the issue?
I believe immigration reform is really, really important, but agriculture has been caught in the middle of this debate and it shouldn’t be.  Agriculture has certain needs such as finding a good labor force.  That is not immigration reform.  We should solve that problem separately.  There is a need for labor and we should allow workers to come here and work.  Immigration reform is a different thing.
As an immigrant I have been vocal on the subject.  I believe that people who want to immigrate to the United States should follow the law and do it properly.

Have you picked a candidate to support for the Republican nomination for President?
I have.  I am supporting Sen. Ted Cruz and I am the Arizona state chairman of his election committee.  He backs the U.S. Constitution and is a very articulate spokesperson for the rights of the individual.  He sees things through the lens of individual rights and I agree with that.  Government seems to have forgotten that the first question shouldn’t be are we doing the right thing but rather should we be doing anything at all.  I believe Ted Cruz understands the role government should play and he will make us great again.

Our members and many of your constituents produce the finest fresh fruits and nuts in the world.  Are you a consumer of our products?
I am.  I love lots of fruits and vegetables.  I love salads.  I love watermelons.  I love apples and plums.  Broccoli and cauliflower with a little dressing and cheese…c’mon man…it doesn’t get any better than that!