News from VNLA

VNLA Legislative Update

If you have turned on the tv or the radio, it’s no surprise that Election Day is right around the corner. We are less than 40 days from November 5, 2024. Yard signs are popping, phones are ringing, and people are talking. In addition to the Presidential Election, Virginia has contests for Senate, Congress as well as special state elections and local elections and referendum on the ballot. Visit the Virginia Department of Elections website to view your ballot and the races and candidates specific to you. And make sure to take note of registration, early voting, and day of voting deadlines to make sure you are able to cast your ballot.

CANDIDATES & REFERENDUMS

November 5, 2024: General and Special Elections https://www.elections.virginia.gov/casting-a-ballot/candidate-list/

Registration & Voting: November 5, 2024 https://www.elections.virginia.gov/casting-a-ballot/candidate-list/upcoming-elections.html

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13 SPECIES ADDED TO THE VIRGINIA INVASIVE SPECIES LIST

The Virginia Invasive Species Working Group recently met. During this meeting the Virginia Department of Conservation and Recreation (DCR) announced that 13 species have been added to the Virginia Invasive Plant Species List. This list is for educational purposes only – not regulatory

Up to 103 different species of plants have been determined by DCR as an intentionally or accidentally introduced by human activity into a region in which they did not evolve and cause harm to natural resources, economic activity or humans.

Virginia Invasiveness Rank: High

• Chinese tallow-tree (Triadica sebifera)

• Floating primrose-willow (Ludwigia peploides var. glabrescens)

• Italian arum (Arum italicum)

• Ravenna-grass (Tripidium ravennae)

• Trifoliate orange (Citrus trifoliata)

• Two-horned trapa (Trapa bispinosa var. iinumai)

Virginia Invasiveness Rank: Medium

• Curled pondweed (Potamogeton crispus)

• Fountain grass (Cenchrus purpurascens)

• Incised fumewort (Corydalis incisa)

• Leatherleaf mahonia (Mahonia bealei)

• Sweet autumn clematis (Clematis terniflora)

Virginia Invasiveness Rank: Low

• Nandina (Nandina domestica)

• Orange-eye butterfly-bush (Buddleja davidii)

You may find the complete list: https://www.dcr.virginia.gov/natural-heritage/invsppdflist.

FEDERAL UPDATES FROM AMERICANHORT

H-2A Farmworker Protection Final Rule and 17 States Awarded Preliminary Injunction

In April, the U.S. Department of Labor announced a final rule that aims to improve worker protections, enhance enforcement in the H-2A temporary agricultural employment program, and ensure that the program does not negatively impact domestic workers’ wages and conditions.

However, employers who use the H-2A program would actually incur additional costs and paperwork and spend more time demonstrating compliance.

In August, 17 states and two agricultural organizations filed a lawsuit against DOL over the new H-2A rule. The AmericanHort Advocacy and Government Affairs team has been monitoring the suit and providing updates to AmericanHort members.

OSHA Proposes New Standard

The Occupational Safety and Health Administration (OSHA) at DOL has proposed a new standard titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. This standard addresses heat hazards across various industries, including general industry, construction, maritime, and agriculture, with some exceptions. It is a programmatic standard that will require employers to develop a comprehensive plan to evaluate and manage heat-related risks in their workplaces.

Key aspects of the proposed rule include:

• The standard applies to all employers in covered sectors where OSHA has jurisdiction, except for specific exceptions outlined in the rule.

• Employers will need to create a plan that identifies heat hazards and implements controls to protect workers.

• The standard aims to provide clearer guidelines on the necessary measures to safeguard employees from heat-related injuries and illnesses.

• There will be a 120-comment period ending on December 28.

AmericanHort is reviewing the rule and how it will affect the horticulture industry. Send questions or comments to Matt Mika at MattM@AmericanHort.org.

Final Herbicide Strategy

EPA has released its final Herbicide Strategy, marking the first step in fulfilling its obligations under the Endangered Species Act. The strategy outlines the agency’s plan to protect threatened and endangered species and their habitats from herbicide exposure through spray drift, runoff, or soil erosion ahead of the August 30 deadline. When the EPA registers new herbicides and re-evaluates existing ones, this new strategy will be used to minimize herbicide exposure to these species. The final strategy includes measures such as cover crops, conservation tillage, windbreaks, and adjuvants.

EPA developed a document detailing real-world examples of pesticide applicator mitigation strategies. A mitigation menu website will be released in the fall of 2024, with updates periodically. A calculator will help applicators determine additional mitigation measures based on existing ones. The agency will also continue to develop educational and outreach materials to help applicators understand and apply these strategies effectively. The final strategy is available in docket EPA-HQ-OPP-2023-0365: http://www.regulations.gov/.