Advocating for a Resilient Napa Valley At the Napa Valley Grapegrowers we center our advocacy, research, and education on supporting the community, including the crucial preparation for, and resiliency in the face of, wildfire risks. We are grateful to all the industry and community partners that have worked with us on the following efforts. Fire-Related Initiatives To urge Napa County to include funding for fire-related initiatives in its five-year budget forecast, we recently sent a letter to the Napa County Board of Supervisors making this request. The letter seeks funding for a county staff department head for fire issues, Napa Firewise’s Community Wildfire Protection Plan, and a review of current and new early detection systems and technologies. Napa County’s action on these initiatives will provide oversight on CAL FIRE’s $30 million-dollar contract, help to reduce wildfire-fuel load, and identify new technologies that help to alert emergency responders as soon as a fire ignites, potentially saving the loss of lives and property. A Commitment to Wildfire Resiliency at the Second Fire Resources Fair Photo by Sarah Anne Risk Our Fire Resources Fair expanded this year to include 60 vendors at the Napa Valley Expo. In partnership with the Napa Valley Vintners, Napa Firewise and CAL FIRE / Napa County Fire, the event was open to the public free of charge. Attendees were provided with a range of information for safeguarding their property, vineyards, and homes in the event of a wildfire—an ongoing threat despite our wet winter. By providing these resources, attendees who take action can potentially prevent and mitigate the risk of loss in the case of a wildfire. If you missed the fair, you can find detailed checklists on wildfire preparedness for home and property, fire emergency protocol, and dealing with smoke exposure along with videos on risk management, crop insurance and proper record keeping in both English and Spanish. Support for California Assembly Bill 54 In March, we submitted a letter of support to the Chair on the Assembly Committee for Agriculture on behalf of Assemblymember Cecilia Aguiar-Curry's CA AB 54, which will create an advisory committee to recommend the distribution of state funds for winegrape smoke exposure research. Additionally, we provided a letter of support to four Chairs in the Senate and Assembly budget committees to request $5 million to research smoke impact on winegrapes. The losses from wildfires and smoke exposure potentially impacts all of California due to property loss, wage loss, loss of tourism, and loss of production due to smoke exposed grapes. Research to understand and mitigate the impact is critical to avoiding the catastrophic losses of the last six years. Baseline Data Research with ETS Labs It was a groundbreaking effort in 2021, when we formed a partnership with ETS Laboratories to conduct baseline data research on smoke exposure and wine grapes, building the world’s largest library of grape samples in the process. Now in its third year, we are happy to continue working with ETS on the findings of this research, which has the potential to influence grape-harvesting decisions in times of fire disaster and even insurance reform. Insurance and Disaster Relief
The Napa Valley Grapegrowers continues to support Congressman Mike Thompson’s staff as they work to update the 2023 Farm Bill to improve crop insurance coverage and design a permanent disaster assistance program. After more than two years of advocacy work, we continue to monitor the rollout of the Emergency Relief Program to ensure growers receive recovery aid. As part of this we continue to partner with Morrison & Co., to provide free technical assistance to producers, which to date has resulted in hundreds of thousands of dollars in recovery aid awarded to Napa Valley Grapegrowers members.
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Napa Organizations Celebrate Commitment to Wildfire Resiliency at Annual Fire Resources Fair4/26/2023 Photos by Sarah Anne Risk The Napa Valley Grapegrowers (NVG), Napa Valley Vintners (NVV), CAL FIRE/Napa County Fire, and Napa Firewise have partnered again on a communitywide Fire Resources Fair, held on April 11. This annual fair brought together members of the wine industry, community organizations and local businesses to learn how they can help prevent and mitigate wildfires, as well as how to navigate evacuations and insurance. The Fair was held at the Napa Valley Expo’s Chardonnay Hall and was free for the entire community to attend.
The organizations brought together 60 exhibitors to share knowledge and services with Napa residents, and those of neighboring counties. Attendees benefitted from the in-person combination of wildfire mitigation, prevention, preparedness, resiliency, and recovery services all in one place. “This event serves as a reminder that community-based, collective action is incredibly strengthening and builds cohesion among stakeholders. We look forward to partnering with Napa Valley Vintners, Napa Firewise, and CAL FIRE/Napa County Fire each year to build bridges between our community and service providers, as well as provide resources to help us all be more fire-ready,” said Molly Moran Williams, industry and community relations director for the Napa Valley Grapegrowers. Attendees experienced everything from electric and robotic lawnmowers to holding three-day-old goats. Visitors also had the opportunity to see the latest in early wildfire detection sensors, learn about the value of ruminant animals in the context of wildfire, and see actionable steps to better position themselves for future fire seasons. Not only did private organizations, Napa County representatives and non-profits share their work with the community, but the whole CAL FIRE team did as well. Our local firefighters, including Chief Michael Marcucci of CAL FIRE/Napa County Fire, joined the Fire Resources Fair to speak with community members on the importance of preparing themselves and their properties. To this end, Chief Marcucci shared the following: “The mission and responsibility of building a fire resilient community is all of ours. The Fire Resources Fair event continues to bring us together with stakeholders and community members and allows us to provide education about fuels reduction best practices. We are not only excited to participate in the event but also thankful for the opportunity to be a host along with Napa Valley Grapegrowers, Napa Valley Vintners and Napa Firewise. We look forward to next year’s event and providing as many options as possible for our community to implement their projects!” Shari Gardner, the Napa Firewise director of wildfire preparedness, also connected with Napa locals on fire safety, adding, “Fire Resource Fairs are such a valuable tool for sharing the latest information about wildfire preparedness. We were thrilled with the wide variety of exhibitors at this year's fair. This event provided an opportunity for people to learn about new technologies and cost saving opportunities, connect with contractors, and ask lots of questions. Community members are working hard to improve the defensible space around their homes, and this was a great source of inspiration and resources to get the job done. This fair was also an excellent opportunity for fire mitigation specialists to network and share expertise. We love to see the community come together to address wildfire risk.” Photo by Suzanne Becker Bronk Garrett Buckland has been honored with the 2023 Napa Valley Grower of the Year award. Buckland is a partner at Premiere Viticultural Services, a vineyard consulting company based in Napa.
As an active member of the Napa Valley Grapegrowers, for over 10 years he has served on the board of directors in various roles, including past president, vice president, and treasurer, and is a founding member of the Napa Valley Farmworker Foundation. However, his community service goes well-beyond the Napa Valley Grapegrowers. He serves on the Groundwater Sustainability Plan Advisory Committee, volunteers for the Napa Resources Conservations District, where he surveyed Huichica Creek, Dry Creek, and Sulphur Creek, sits on the Clean Plant Material Advisory Board, is past president of the Napa Valley Vit Tech Group, is past conference chair of the Association of Applied IPM Ecologists, and worked on the Napa River Historical Ecology Project. He is a passionate advocate for sustainable farming and has successfully converted over 500 acres of vineyards from conventional to organic farming. In 2002, Buckland and Steve Matthiasson joined forces to create Premiere Viticultural Services. As a partner of the business, Garrett works with landowners in the development of their properties. His goal is to help them advance farming practices and works with winemakers to elevate wine quality. In his “free time”, Garrett has published dozens of articles to the Napa Valley Register, plus viticultural best practices papers for the Napa Valley Grapegrowers, and is often cited for television, print, and radio regarding the growing season. NVG President Mary Maher noted, “I couldn’t be more excited to recognize Garrett Buckland as our 2023 Grower of the Year. His commitment to this organization and the future of Napa Valley grape growing is second to none. We need more next generation leaders like Garrett, he’s an asset to the community, and motivates us to continually do better.” Buckland was born and raised in the Napa Valley. He continues to dedicate his career to pursuing viticultural excellence, and is a vocal advocate for agriculture, the Napa Valley Grapegrowers, and the Napa Valley as a whole. Garrett is an avid outdoorsman, with an interest in fly fishing, hunting, bird watching, and gardening. He and his wife, Nathalie, live in Napa with their two children, Juliette, and Marten. Nominations for the Grower of the Year come from the NVG membership. The recipient is chosen by a special Selection Committee made up of Past Presidents, current Directors, and active committee members. The award criteria include: a strong commitment to sustainable practices; recognized leadership in agricultural preservation; dedicated community focus, contributions to the Napa Valley Grapegrowers; and someone who actively promotes Napa’s reputation for the highest quality vineyards. Napa Valley Grapegrowers seeks strategies for climate resilience at ‘Ahead of the Curve’ seminar3/24/2023 By Liz Thach MW for Decanter Photo by Big Shot in Wine Country Media Sheep in the vineyard, no tillage and reduced pesticides were just a few of the solutions for vineyards to mitigate climate change that were recommended at the recent ‘Ahead of the Curve’ seminar hosted by the Napa Valley Grapegrowers. Given that the UN Climate Report 2023, released on 20th March, urges swift action to prevent the planet from surpassing the 1.5C degrees threshold of catastrophic warming, the seminar couldn‘t have come at a better time.
‘We‘ve been offering the “Ahead of the Curve” seminar to our growers since 2007,’ said Sonya DeLuca, interim executive director of the Napa Valley Grapegrowers. ‘This is the second year in a row that we have focused on sustainability and climate efforts, because it is so critical to our future now,’ she added. DeLuca referenced the extreme wildfires, droughts and atmospheric jet streams that have afflicted Napa Valley over the past five years. Given that Napa Valley currently has 17,000 hectares under vine and 1,500 grape growers, education on this topic is critical. Yet the majority of the solutions offered by the five experts who spoke during the day-long seminar at Charles Krug Winery can be applied to any global vineyard. Over the last several years, Napa Valley Grapegrowers has represented growers in critical discussions on the sustainable management of Napa County’s groundwater resources, including via representation on the Napa County Groundwater Sustainability Plan Advisory Committee. On January 26, the Department of Water Resources (DWR) announced their approval of the Napa Valley Subbasin Groundwater Sustainability Plan (GSP). To learn more about the GSP and complying with the new standards, visit NVG’s new dedicated Groundwater Sustainability Plan website. NVG has also compiled tools and resources to assist growers with water mitigation efforts, including recordings from our recent Water Conservation Seminar, as well as other past programs. Find these videos and more on our website.
Sheep feasting on cover crop at Artesa Vineyards and Winery. Photo by Sarah Anne Risk The Napa Valley Grapegrowers (NVG) is pleased to be selected as a 1% for the Planet Environmental Partner. 1% for the Planet is a global movement, created by Yvon Chouinard, founder of Patagonia, and Craig Mathews, founder of Blue Ribbon Files, that provides organizations with support for solving the planet’s problems. The carefully vetted approval process reviewed the NVG for its advocacy, conservation, stewardship, and education efforts toward a brighter future.
To be eligible, the NVG met the following qualifications:
As part of the rigorous selection process, NVG’s educational programming on environmental topics was assessed as was its annual calendar, which addresses the concerns we all face, such as water conservation and wildfire preparedness. Additionally, NVG programs, like its Low Smoke Burning Program and Climate Science Series, taught by UC Berkeley Haas School of Business Senior Lecturer Drew Issacs, were also taken into consideration. With this recognition, NVG gains access to a network of 1% for the Planet Business members that actively commit to giving 1% of gross sales to organizations making positive changes for the environment. Business members support 1% for the Planet Environmental Partners with monetary donations, volunteer time, in-kind donations, and other forms of promotion, and select which Environmental Partners to support. The NVG is grateful to 1% for the Planet Business member, Paradigm Winery, for nominating it as an Environmental Partner. Through 1% for the Planet, the NVG is excited to build a broader network of environment-conscious businesses and organizations throughout Napa, the Northern California Bay Area, and beyond. To learn more about 1% for the Planet, visit onepercentfortheplanet.org. Applies to the Following Counties: Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, Sonoma, and Trinity Thank you Rosasco Law Group for the following information: Who must pay this new Prevailing Wage?
H-2A employers are required to pay the highest of the following: the Adverse Effect Wage Rate (“AEWR”), the agreed-upon collective bargaining wage, the Federal minimum wage, the State minimum wage, or the Prevailing Wage. The new California AEWR of $18.65 took effect January 1, 2023. However, the California Employment Development Department (“EDD”) recently submitted a new Domestic Agricultural In-Season Wage Report to the Department of Labor (“DOL”) where they determined the new Prevailing Wage for H-2A agricultural workers engaged in general vineyard work (everything leading up to harvest) is $19.65 for workers in the North Coast wage reporting area which includes: Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, Sonoma, and Trinity counties. Since the Prevailing Wage is now higher than the AEWR, employers in the previously mentioned counties must now pay $19.65 to their H-2A workers and their domestic workers in corresponding employment. When do I need to start paying the new Prevailing Wage? Employers do not technically have to pay this new rate until they have received notice from the Chicago National Processing Center (“NPC”) but the new wage rate is retroactive to the date it went into effect and the new prevailing wage went into effect on November 8, 2022. Instead of waiting for notice, you should start paying this rate immediately because if you don’t, you will have to correct wage statements, this could trigger waiting time penalties if these workers no longer work for you, you’ll have to find these workers, and you must pay workers the difference (regular pay, overtime, bonuses, etc.) if they were paid less than $19.65 from November 8, 2022 to when you received notice of the new rate. What if I can’t find an employee to give them their check? Remember, if you can’t find an employee to give them their last paycheck, document the efforts taken to locate them, and send their check to the California Labor Commissioner so they can hold it in their Unpaid Wages Fund. How long will the new Prevailing wage be in effect? The new rate took effect on November 8, 2022 and is effective for one year after it is posted on the AOWL website or until it is replaced with an adjusted prevailing wage, whichever comes first. If a prevailing wage was guaranteed on a job order and that prevailing wage expires during the work contract, the employer must continue to guarantee at least the expired prevailing wage rate. We’ve heard that some employers are fighting this new Prevailing Wage, but relief is not likely to come anytime soon. We do not recommend ignoring the new Prevailing Wage in the hopes it will go away or be invalidated. How do I find Prevailing Wage rates? Prevailing wages are posted by the Office of Foreign Labor Certifications (“OFLC”) to the Agricultural Online Wage Library (“AOWL”) website: https://www.foreignlaborcert.doleta.gov/aowl.cfm. Employers should check this website regularly as the prevailing wage is effective immediately once posted. How are Prevailing Wage rates determined? The California EDD claims it does wage surveys twice a year, after harvest and then again for pre-harvest or general vineyard work. EDD will likely do the harvest prevailing wage survey in January 2023; it usually takes a month to complete, and the findings would likely be sent to DOL towards the end of February 2023. Once a new Prevailing Wage has been approved by DOL, it will be posted to the AOWL website as stated above. EDD generally only reaches out to employers via email and the reports are based on the information obtained from the employers that respond. If employer participation is low, the numbers could be skewed either high or low. If more employers participate, the numbers may be more accurate. You may need to check your spam folders to find an email from the EDD. Employers who pay unusually high wages may skew the prevailing wages to a higher amount if they respond to EDD’s survey. I do not directly employ any H-2A workers so I’m in the clear, right? If you do not directly employ H-2A employees but use a Farm Labor Contractor (“FLC”) who provides you with H-2A workers, this does not guarantee you are in the clear. Growers and FLCs are frequently found to be joint employers with their FLCs; if you are found to be a joint employer with your FLC then this is another way to establish that the H-2A workers are your employees too. This is a fact intensive analysis that must be done on a case-by-case basis, so please contact Rosasco Law Group for a joint employment analysis. Once joint employment has been established, then employers need to know how to determine which domestic workers fall into the “corresponding employment” category because domestic workers in corresponding employment are entitled to the same wage rates as the H-2A workers (this might also include offering the same benefits offered to H-2A workers such as housing, meals, and/or transportation). This is a complex area of law and answers will depend on the facts and circumstances unique to each employer. Please reach out to Rosasco Law Group for further assistance. Napa County Fire Needs Assessment
As a result of NVG's wildfire advocacy efforts, in conjunction with industry and community partners, Napa County Fire is conducting a critical Fire Needs Assessment. NVG urges growers to participate in this process, so that the ag community’s needs are incorporated into the Fire Master Plan. Virtual Town Hall Meeting: Current and Future Fire Services Wednesday, January 25 | 6:00pm | Zoom Event Zoom Link Passcode: 856614 The community is invited to participate in a virtual Town Hall meeting to discuss Napa County’s Fire Master Plan and determine current and future fire services provided by Napa County. Visit Napa County Fire’s website and read the press release for more information. All community members are encouraged to participate in a survey, which will be available immediately following the Town Hall: View the Survey Emergency Relief Program (ERP) Phase 2 Funding The Farm Service Agency (FSA) has recently released new information regarding the Emergency Relief Program – Phase 2. This program provides financial assistance for losses to crops, trees, bushes, and vines due to qualifying natural disaster events, such as wildfires, hurricanes, floods, excessive heat, freeze, smoke exposure, and qualifying drought that occurred in the 2020 or 2021 calendar year, up to $900,000 for winegrape producers. Enrollment opens for ERP Phase Two on January 23, 2023 and runs through June 2, 2023. Our grant writing partners at Morrison can help producers navigate the eligibility and application process, call (530) 893-4764 or email grants@morrisonco.net for assistance. Webinar: Emergency Relief Program (ERP) Phase II Monday, January 23 | 10:00am | Zoom Event Zoom Link Webinar ID: 897 1465 9055 Passcode: 556000 Congressman Mike Thompson will also be hosting a webinar with the U.S. Department of Agriculture on Phase 2 of the ERP (previously WHIP+). To let his staff know you're attending, RSVP. Additional Resources ERP Phase 2 Letter from Congressman Thompson USDA ERP FAQs by Carmela Guaglianone, SF Examiner As sheets of rain and hail pounded parts of San Francisco Tuesday, Michael Baldacci, owner and winemaker at Baldacci Family Vineyards, looked out his window at the renowned Stags Leap District in Napa County and saw his cover crops coming to life.
Although intense storms continue to wreak widespread damage across the state, the wet weather is a boon for winemakers, who have long been waiting for the rain. “It just feels like we’ve been kind of praying for this,” said Baldacci. “The rains really have been something that we’ve welcomed the last couple of weeks.” Had this storm surge come later in the season, vintners may have been whistling a different tune. But the grapevines are currently in their winter dormancy, a stage between harvest and bud break when the vine drops its leaves and goes into a protective mode for the winter months. During dormancy, “all rain is good rain,” said Justin Leigon, viticulturist and board member of the Napa Valley Grapegrowers. That means there won’t be any direct impact on the grapevines or the wine that they produce, said Megan Bartlett, a plant biologist at the UC Davis Department of Viticulture and Enology. However, wet and humid conditions could increase the chance for fungal disease later in the season. |
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