End of Session: A Flurry of Activity

By Rick Zimmerman, Executive Director

Governmental Relations is a strategic objective for NEAFA. Interfacing with government, particularly in a democracy, is a civic responsibility for everyone. Especially as “We the People” strive to self-govern and maintain this 245-year-old social experiment. For NEAFA and most other trade associations, representing members before government entities is a membership benefit. We take on the responsibility to effectively advocate for the policies and programs that impact our members’ ability to maintain and grow their businesses in the Northeast. Therefore, our time and attention are dedicated to dairy profitability, specifically the policies that are related to labor, land, energy, pesticides, regulatory burdens, taxes, and science and technology.

Labor: The NY farm labor wage board is set to consider the following question: should 60 hours remain the threshold for farmworker overtime in New York? The Wage Board deferred the decision on this question until the end of this year, but the NY farm community knows that it cannot wait to launch an effort to demonstrate that 60 hours is the right limit until the Board reconvenes. NEAFA is supporting the Grow NY Farms Campaign to demonstrate how essential the 60 hours overtime threshold is for maintaining a viable agriculture community in New York. All NEAFA members are encouraged to support this effort and more information is available here. (NO LINK)

Pesticides: The threat to ban neonicotinoids from New York farms (S.699-B Hoylman/ A.7429 Englebright) is thwarted for now. Despite dozens of legislative meetings, organized by a broad-based coalition of agriculture, horticulture and landscape representatives, the State Senate passed the Hoylman bill by 43 – 20. Fortunately, the Legislative session ended before the Assembly considered the bill. New York is one of several states targeted by certain anti-pesticide organizations and other New England states are likely future targets. The issue has not gone away, and we must remain vigilant.

Science and Technology: NY legislation restricting the use of antimicrobials in animal agriculture (A.3493-A Rosenthal/ S.2871-A Kavanagh) would increase restrictions, and in some cases, ban the use of antibiotics on dairy farms. Opposed by veterinarians and farm groups alike, this bill would impede the ability of dairy farms to control disease, and would put the welfare of dairy cows at risk. The bill was not acted on in either house but remains a future threat.

Energy: The Clean Fuel Standard (A.826-A Woerner/ S.2962-A Parker): This proposed policy would create market incentives to lower the carbon footprint of transportation fuels and thus incentivize the sale of renewable natural gas (RHG) from dairy farm anaerobic digesters. Currently New York dairy farmers are selling RNG into the California market created by their low carbon fuel standard. New York is missing out on capturing this low carbon fuel option. The State’s climate change policy (CLCPA) is calling for a full range of climate smart practices to meet carbon reduction goals, and the low carbon fuel standard is an important part of this ticket. Despite strong support in both NY legislative houses, this bill remains on the “to do” list.

Land: The Soil Health and Resiliency Act (A.4722-A Lupardo) / S.5386-A Hinchey) was substantially amended to improve on the bill’s ability to serve the farming community with assistance and support to enhance soil health practices and create healthier soils. Soil and Water Conservation Districts would be empowered to provide technical assistance and future funding support would be targeted directly to farmers willing to employ such practices. The bill passed both houses and will be considered by Governor Cuomo later this year.

Regulatory Burden: In Vermont, House Bill 434 was signed by Governor Phil Scott and will install an Agriculture Innovation Board to replace the existing Pesticide Advisory Council. The board will include a wide array of farming interests and it will report annually to the legislature on pesticide use and other agricultural practices, and could make recommendations for incentive programs. The current Seed Review Committee, created two years ago in response to the Dicamba tolerant GE seed issue, will be folded into the Innovation Board. The Secretary of Agriculture once again has the authority, rather than an unelected committee, to approve the sale, distribution, and use of new seed traits.

Senate Bill 102 was also signed by Governor Scott, and will regulate pet and livestock animal health supplements, soil amendments and plant biostimulants. The bill sets up labeling and registration programs for these items. The Food and Drug Administration is attempting to regulate this area of animal health supplements, and they appear to be on the verge of coming up with a regulatory program. Should the FDA move forward on this front, circuit breaker language in the new law enables Vermont to back away from regulating dosage from animal feed supplements.

Plant biostimulants and soil amendments are also being brought into the Agency of Agriculture's regulatory shop, as they see more farmers looking for alternatives to traditional fertilizers and pesticides. Fortunately, we successfully lobbied for a definition and labeling language consistent with other states.

NEAFA will work with the Agency of Agriculture to assure farmers are able to get the products they desire, and that suppliers are not restricted from serving their farmer customers.

COVID restrictions required us to advocate through Zoom and forgo the impromptu huddles with lawmakers and lobbyists which can be so valuable in this business. The art of lobbying devolved to 30-minute zoom calls with little sense that your input was making a difference. Nevertheless, we did our best to convey our members’ priorities and perspectives with the hope that our arguments would win the day. It appears that is pretty much the case for 2021.