LEGISLATIVE BULLETIN

October 17, 2022

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FMCSA Fails to Extend Emergency Hours of Service Exemptions for Livestock Haulers 
At the beginning of the COVID-19 pandemic, the Federal Motor Carrier Safety Administration (FMCSA) issued an Expanded Emergency Declaration exempting livestock haulers from compliance with the federal Hours of Service rules that limit drive time.

The Emergency Declaration was extended ten times, most recently through this past Saturday.

As of this morning, however, the FMCSA has failed to extend the Emergency Declaration, meaning that haulers of livestock and livestock feed must now comply with the drive time requirements under the Hours of Service regulations.

Additionally, now that FMCSA’s Emergency Declaration has expired, Governor Gavin Newsom’s Executive Order which exempted haulers engaged in intrastate or interstate transportation from California’s Hours of Service regulations has also expired (Newsom’s EO was only intended to be “in effect for the duration of the Federal Motor Carrier Safety Administration’s Emergency Declaration”).

As a reminder, livestock haulers remain exempt from electronic logging device requirements through December 15 (which is likely to be further extended through September 30, 2023).

CCA and our national partner, the National Cattlemen’s Beef Association, will continue to work to provide continued flexibility for livestock producers relative to Hours of Service regulations. For additional information, contact the CCA office.

SWRCB Updates Curtailments on Multiple Watersheds
As of October 12, the State Water Resources Control Board (SWRCB) has imposed a watershed-wide curtailment of all water rights on the Sacramento River watershed with a priority date of 1960 or later. In addition to this watershed-wide update, curtailments remain on the Cache Creek subwatershed for appropriative water rights with a priority date of 1859 or later and on the Putah Creek subwatershed for appropriative water rights with a priority date of 1948 or later.

As noted in previous updates, appropriative water rights have been curtailed within the San Joaquin River watershed with a priority date of 1919 or later and within the Legal Delta with a priority date of 1960 or later. Water right curtailments have been imposed on the Stanislaus River with a priority date of 1897 or later along with the Fresno River subwatershed with a priority date of 1855 or later. Curtailments remain on the Tuolumne River with a priority date of 1914 or later, on the Merced River subwatershed with a priority date of 1859 or later and on the Mokelumne River subwatershed with a priority date of 1890 or later. Additionally, all appropriative and riparian water right have been curtailed in both the Calaveras River and the Chowchilla River subwatersheds.

Mill Creek and Deer Creek watershed diverters were required to cease or reduce diversions for each water right or claim, to maintain the drought minimum flow of 50 cubic feet per second and to submit an online Compliance Certification Form by October 15. If you have not yet submitted the Compliance Certification forms, use the login credentials provided on the curtailment order you received in the mail and submit that information through the Water Rights Form and Survey Submittal Portal.

Failure to submit a Compliance Certification Form may lead to enforcement action, including an Administrative Civil Liability Complaint that has potential fines of up to $500 per day per water right for each day of non-compliance. Tutorials for completing the Compliance Certification Form and Monthly Enhanced Reporting Forms are available on the Mill Creek and Deer Creek Drought response webpage under the “Curtailment Orders, Lists, and Reporting Portal” tab.

For questions about curtailment and suspension notices or assistance completing the Compliance Certification forms, please contact the Rancher Technical Assistance Program at (916) 409-6902 or rtap@wrstrat.com.

New Episode of Sorting Pen: The California Cattleman Podcast
Earlier this month Cal Poly’s 66th Annual Bull Test Sale was held in San Luis Obispo. The program is the only one in the country completely ran by students! To talk about what this program provides students, share about the new opportunities coming to it through a grant that was just awarded and have a few laughs, Cal Poly’s Zach McFarlane and Aaron Lazanoff come on the podcast. Click here to listen.

National Cattlemen’s Foundation (NCF) Beef Industry Scholarship Applications Now Available for Undergraduate Students
Applications for the 2023-2024 CME Group Beef Industry Scholarship are now being accepted. Sponsored by the CME Group the scholarship recognizes students who play a crucial role in the future of food production. To be eligible applications must be a graduating high school senior or full-time undergraduate student enrolled at a two or four-year institution.  The deadline to apply is Nov. 11, 2022 at midnight Central Time. For further information on the scholarship and to apply click here.

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