September/October TNLA GREEN Magazine by Texas Nursery & Landscape Association

Septâ&#x20AC;¢Oct 2016

T h e O f f i c i a l P u b l i c at i o n o f t h e T e xa s N u r s e ry & L a n d s c a p e A s s o c i at i o n

L e g i s l at i v e & Regulatory Issues

What You Need

to Know Now

Overtime Pay Changes Will Affect Employee Benefits, Too Pag e 7

How the USDA Works with State Departments of Agriculture Pag e 13

P lu s :

s ta r t i n g o n pag e 6

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Sept•Oct 2016

Features

Overtime Pay Changes Will Affect Employee Benefits, Too by Stephen Miller, CEBS New rules from the Department of Labor are taking effect on December 1. Find out how the new regulations may impact employee benefits as well as paychecks.

Slow But Steady Growth in 2017

How the USDA Works with State Departments of Agriculture

by Texas Comptroller Glenn Hegar Texas is expected to continue to see economic growth through 2017. The Texas Comptroller talks about what is happening on the State level to keep the economy strong and growing. by Stuart Kuehn The USDA partners with State Departments of

Agriculture to ensure that the green industry remains strong and healthy in the United States. Learn more about the partnership from State Plant Health Director Stuart Kuehn.

TNLA at Legislative Day on the Hill by Bill Carson TNLA recently participated in the National Association of Landscape Professionals’ Legislative Day on the Hill in Washington DC. Find out what TNLA advocated for and learn about what’s happening on the Hill!

C ol u mn s 23 25

25 Texas Nursery & Landscape Association 7730 South IH-35 Austin, TX 78745-6698 phone: 512.280.5182 or 800.880.0343 fax: 512.280.3012 email: info@tnlaonline.org

GreenVi$ion A Little TLC for Crapemyrtles. They Need It! by Mengmeng Gu Integrated Pest Management The Emerald Ash Borer in Texas by Erfan Vafaie

Departments 27 27 29 29 30

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T N LA G r e e n

the official publication of the Texas Nursery & Landscape Association

September/October • Vol. XVIiI No. 5 Officers Chairman of the Board

Billy Long, TCLP . . . . . . . . . . . . . . . . . . . . . . . San Antonio

Chairman-Elect

Bill Carson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Austin

Immediate Past Chairman

Johnette Taylor . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dallas

A Video Message from Amy Graham, TNLA President

President

Amy Graham . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Austin B OAR D OF D IRECTORS

Region I Kevin Grossberndt . . . . . . . . . . . . San Antonio Region II Jay Williams . . . . . . . . . . . . . . . . League City Region III Herman Vess, TMCNP . . . . . . . . . Edgewood Region IV Jason Craven . . . . . . . . . . . . . . . . . . . . Dallas Region V Mike Whisenand . . . . . . . . . . . . . Fort Worth Region VI Steven Akers . . . . . . . . . . . . . . . . . . . . Slaton Region VII Todd Kinney, TMCNP . . . . . . . . . . . . Donna Region VIII Jared Pyka . . . . . . . . . . . . . . . . . . . Austin Supplier Director Tim Little . . . . . . . . . . . . . . Dallas Landscape Director

Scotty Rigsby, TCLP . . . . . . . . . . . . . . . . . . . . . Midlothian Grower Director Kevin Norris . . . . . . . . . . . . Coppell Retail Director Joshua Bracken, TMCNP . . . . . Dallas

T N LA S ta f f President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amy Graham Director of Finance . . . . . . . . . . . . . . . . Cheryl Staritz Accounting Assistant . . . . . . . . . . . . . . . . . Aimee Luna Director, Legislative and Regulatory Affairs . . . . . . . . . . . . . . . . . . . . Jeff Stokes Professional Knowledge & Education Manager . . . . . . . James Theiss, TCLP,

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Administrative Assistant – Strategic Initiatives . . . . . . . . . . . . . . . . . . . Debra Allen

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Director, TNLA & EXPO Marketing/ Communications . . . . . . . . . . . . Sarah Riggins ,CEM Director, Expo Exhibits and Membership . . . . . . . . . . . . . . Amy Prenger, CEM Business Development/ Sales Executive . . . . Mike Yelverton , TCNP & TCWSP Administrative Assistant EXPO . . . . . Trevor Peevey Office Operations Assistant . . . . Nancy E. Sollohub Region Field Manager . . . . . . . . . . . . . . Nathan Flint Communications Specialist . . . . . . . Molly Wallace Sales Specialist . . . . . . . . . . . . . . . . . . . . Mark Studer

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T N L A G r e e n S ta f f Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Molly Wallace Guest Editor . . . . . . . . . . . . . . . . . . . . . . . . . Jeff Stokes Graphic Designer . . . . . . . . . . . . . . . . . . . . Marie Leonard Ad Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . Mark Studer TNLA Green magazine is a member service of the Texas Nursery & Landscape Association, and is published bi-monthly. Advertising information is available from TNLA, 7730 South IH 35, Austin, Texas 78745, online at www.tnlaonline.org, or by calling 800-880-0343. TNLA office hours are weekdays, 8:30AM - 5 PM CST. © 2016 Texas Nursery & Landscape Association Sept•Oct 2016

M i s s i o n S tat e m e n t The Texas Nursery & Landscape Association’s mission is to enhance members’ business success through legislative/regulatory advocacy, education, networking, and promotion of professionalism.

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L e g i s l at i v e & Re g

What You Need to Know Now

In closing, I would also like to mention due to the recent efforts of TNLA, we were able to put a stop to a proposed Phytosanitary Certificate Inspection Fee Restructuring that would have created a significant increase in the cost of doing business to many of our Members. Our friends in the legislature that your TNLA PAC has endorsed and contributed to played a major role in securing this victory. – Jeff Stokes, Director of Legislative & Regulatory Affairs, Guest Editor

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P h oto : S h u t t e r s to c k . co m / g ua lt i e r o b o f f i

he September/October issue of Green Magazine is dedicated to the numerous issues affecting the Green Industry in Texas and Washington D.C. In this edition, we have compiled a number of articles that discuss a broad range of issues that are of importance to our industry. The new overtime pay rules handed down from Washington will have a major impact on many of TNLA’s Members. Stephen Miller covers compensation and benefits from the Society for Human Resource Management Online. His article will give an in depth look at how overtime pay changes will affect employee benefits. Texas State Comptroller and friend of TNLA, Glenn Hegar gives an overview of the current economy in our State while also touching on the newly implemented Water Efficient Sales Tax Holiday. Bill Carson, TNLA Chairman-Elect will talk about TNLA’s recent advocacy day on Capitol Hill in Washington D.C. Stuart Kuehn is the State Plant Health Director for United States Department of Agriculture in the Animal and Plant Health Inspection Service (APHIS). Mr. Kuehn will talk about how the Agency coordinates with the States and how this coordination benefits TNLA Members.

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e g u l ato ry I s s u e s

Overtime Pay Changes

Will Affect

Employee Benefits, Too B y S t e p h e n M i l l e r , CE B S

he Department of Labor’s final rule revising the Fair Labor Standards Act overtime regulations, released May 18, will significantly alter employee pay structures. That should spur employers to evaluate their overall approach total rewards.

Under the final rule: The annual salary threshold for exempt positions will jump from $23,660 to $47,476 (or from $455 to $913 per week), and will be updated every three years. That’s more than double the old threshold. Employees who earn less than the

threshold must to be paid for over 40 hours worked in a workweek—at a rate not less than time and one-half their regular hourly pay rate—even if they’re classified as a manager or professional. There will be no change in the duties test used to determine whether employees earning more than the salary threshold must be classified as nonexempt from overtime, including the exemptions for executive, administrative and professional positions, among others.

P h oto : S h u t t e r s to c k . co m / g ua lt i e r o b o f f i

For highly compensated employees (HCEs), who may generally be considered exempt without regard to the duties test, the final rule raises the annual HCE salary threshold from $100,000 to $134,004. Nondiscretionary bonuses, incentive payments and commissions, paid at least quarterly, can account for up to 10 percent of the standard salary threshold. Previously, there has been no regulatory provision to count these payments toward the salary threshold. (continued on page 8) Sept•Oct 2016

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Even if newly nonexempt workers are treated as salaried—but precluded from working over 40 hours per week so as to avoid overtime—employers will now be responsible for tracking their hours. never been required to record their time and are used to working until the job gets done,” said Nathan Oleson, a partner at Akin Gump in Washington, D.C.

(continued from page 7)

The new rule takes effect on Dec. 1, 2016. While the intent may be to raise workers’ earnings, empirical research suggests that “employers will lower base salaries to offset the anticipated cost of paying overtime,” said economist Liya Palagashvili, co-author of an April 2016 analysis of overtime pay. “It’s possible that employers will also respond by cutting some benefits or replacing a junior role in the firm and hiring another employee at a senior role who can justifiably be paid above the overtime regulation salary threshold. Salaried workers will be reclassified as hourly workers, and many will begin punching a time clock again,” at least figuratively Even if newly nonexempt workers are treated as salaried—but precluded from working over 40 hours per week so as to avoid overtime—employers will now be responsible for tracking their hours. “Employers, especially those that operate outside the high cost-ofliving areas in the Northeast and the West Coast, will need to overhaul the compensation system for a significant portion of their whitecollar workforce, and also change the culture for employees who have 8

“Some exempt employees enjoy additional benefits or perks that they will lose when reclassified as nonexempt,” said Jon Keselenko, chair of the Wage & Hour Defense Institute, a national organization of wage and hour attorneys from across the U.S., and a partner at law firm Foley Hoag in Boston. “To the extent that you reclassify people, their entitlement to benefits could change.”

First, Nondiscrimination Rules Some perspective is called for to understand how benefits will, and won’t, be impacted. “Because of Section 125 nondiscrimination rules, it’s been historically difficult to base eligibility for benefits such as medical, dental and vision—which flow through a Section 125 cafeteria plan—on hourly [nonexempt] or salaried [exempt] status,” said Zack Pace, senior vice president of benefits consulting at CBIZ Inc. in Columbia, Md. For self-funded health plans subject to Section 105(h) nondiscrimination

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rules, it’s particularly difficult to alter eligibility terms between hourly and salaried employees, Pace said. “Meanwhile, the newer Affordable Care Act regulations have all but eliminated the option of varying medical benefits by hourly and salaried status,” he noted. In addition, qualified retirement plans are subject to stringent annual nondiscrimination testing to make sure they don’t reward highly compensated employees more than others.

Other Perks, Though, May Be Targeted But other offerings can be richer for salaried workers, such as the number of vacation days and other paid time off (PTO) provided. Also, “within certain industries, including construction and retail, employerpaid group life and group disability benefits might only be offered to salaried employees,” Pace noted. This isn’t trivial. “From a risk management standpoint, I would put long-term disability right after health insurance, arguably in a tie with life insurance,” Pace said. These are important benefits, “but not ones that all employers can afford to offer on an employer-paid basis.” He sounded a cautious note, however, about grandfathering employees who are being reclassified to nonexempt status in order to keep benefits that they might otherwise lose. “You’d have to prove to the [disability or life] insurer that at one time the person was salaried and because of that, under the terms of the plan document, they’re still eligible because you grandfathered them,” he pointed out. “Grandfathering terms can be problematic and are probably unnecessary. Life and disability benefits are important, but whether it would cause someone to leave the employer if they lose those benefits, I’m not sure.”

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As for PTO, it might be advisable to offer paid leave on the basis of tenure and job level instead of exempt or nonexempt status, benefit consultants say.

Revisiting the Rewards Mix With overtime costs rising, benefits cuts across the board are also likely to be considered. “Employers just went through major budget alignments with the Affordable Care Act, and now they’re being asked again to take a look at their budgets,” said Bobbi Kloss, HR director at Benefit Advisors Network (BAN), a consortium of health and welfare benefit brokers across the U.S. “Many small and midsize employers may not be expecting that.” Higher overtime costs could make it more likely that dental, vision and disability coverage are turned into employee-paid voluntary benefits. “Employers will need to evaluate whether their current benefit mix continues to make sense, given their employee populations,” Kloss noted, especially in terms of ancillary benefits, asking themselves “Does it make sense for us to continue to provide this benefit? Should we shift those costs over to the employee, or should we even just eliminate it?” In making those decisions, “a manufacturer may have greater reason to keep employer-paid disability benefits vs. an IT group,” Kloss pointed out. “It’s easy for organizations to become quickly focused on the cost structure and the financial impact of expanded overtime pay, so their early instinct is to reduce some benefits or make some modifications to pay structures,” said Jennifer Donnelly, vice president and national practice

Sept•Oct 2016

leader for organizational effectiveness at Sibson Consulting in New York City. “But you have to balance that against the cost of reduced morale or turnover, and your loss of competitive advantage in recruiting and retaining top talent. That’s going to be the biggest long-term issue for organizations to balance when they’re thinking through how best to transition employees [into hourly/ nonexempt status] and manage all the costs associated with the range of benefits.” Organizations could also look at other ways to compensate for the loss of pay and benefits that don’t have an immediate high cost to them, Donnelly said, such as offering more types of flexible work arrangements or teleworking opportunities—but not over a proscribed number of tracked hours—along with employee recognition initiatives, “which aren’t considered in the traditional scope of benefits, but which can serve as a broader kind of safety net in the culture to compensate for some of those lost rewards.” “To attract talent, employers may need to provide offerings that don’t impose the costs of traditional benefits,” Kloss concurred. “Younger workers, in particular, are looking for more flexibility in scheduling and work rotation.”

Coping with Compression From a total rewards perspective, pay remains the central focus of the overtime rule changes. “Where you have people that are close to the pay threshold for exempt status, … employers may adjust their pay upward to meet the cutoff,” Keselenko said. But increasing employee pay to retain exempt status may be expensive, since the jump up for lower-level employees may lead to pay compression throughout the

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salary structure. “The ripple effect will mean making adjustments up the line, which could be huge,” he noted. On the other hand, given that overtime pay comes out of overall compensation budgets, employers may adjust hourly rates lower for reclassified employees to take into account the need to pay them for overtime work. “There are online calculators where you plug in employees’ exempt salaries and how many hours a week they work, and it provides the hourly rate to pay them, to make them whole,” he noted. But, Keselenko warned, “Say you take an employee making $45,000 a year and working 50 hours a week, and then bump them down to a wage rate that would be the equivalent when overtime pay is calculated in. But then, during the next round of budget tightening, the company cuts back on overtime. Suddenly, the employee is no longer whole and ends up losing money.” Another likely scenario involves companies limiting overtime hours and instead hiring more part-time employees. “But part-time employees have their own problems in that they’re typically not covered by company benefits and their hours usually fall below the Affordable Care Act threshold level” for employer-provided coverage. The result will be “fewer full-time employees receiving benefits and more part-time employees not receiving benefits,” Keselenko noted. m Stephen Miller has a master’s degree in journalism and mass communication from New York University and holds the certified employee benefits specialist (CEBS) accreditation.

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Slow but Steady

Growth in 2017 by G l e nn H e g a r , T e x a s C o mp t r o l l e r o f P u b l i c A c c o u n t s

n January, the Texas Legislature will convene to create a budget for the next two years of state government operations. As always, our lawmakers will be asked to consider and balance a multitude of competing demands for state revenue — and in 2017, they’ll have to do so without the cushion provided by the $100 oil prices of a few years ago.

P h oto : S h u t t e r s to c k . co m / i C r e at i v e 3 D

Texas’ tax collections are tightly linked to our economy, of course, and the state’s economic growth has slowed considerably since the energy price plunge began in 2014. But the most important news may be how well we’re doing despite the energy slump. Texas’ economy has diversified greatly in the last few decades. Oil and gas extraction and related industries currently account for less than 9 percent of the whole. The world’s 10th-largest economy continues to grow, if at a lesser pace.

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You can see it reflected in our employment numbers. Between June 2015 and June 2016 (our most recent numbers), Texas gained a net total of about 171,000 jobs, for a 1.4 percent increase. In 2014, by contrast, employment rose by about 420,000 jobs or 3.7 percent. Texas unemployment has remained at or below the national rate in every month since January 2007, and currently stands at 4.5 percent versus 4.9 percent for the nation as a whole. After outpacing nationwide economic growth for years, we now expect the state economy to chase the nation’s by a bit in 2016, before returning to our usual pattern. Texas’ real gross state product (GSP) and personal income should track U.S. growth rates pretty closely in the next two years.

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At present, the effects of the oil downturn are, like some weather patterns, “widely scattered.” Communities in the oil patch are definitely feeling the effects, but in most of our cities the economy remains strong, attracting new Texans from just about everywhere. In May 2016, the Census Bureau reported that five of the nation’s 11 fastest-growing cities are located in Texas. Georgetown, north of Austin, saw its population increase by an astonishing 7.8 percent in the year between July 2014 and July 2015.

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Our many advantages — relatively low living costs, an attractive business climate, a central Sunbelt location and a favorable mix of industries — remain in place, and our long-term outlook is positive. (continued from page 11)

In the same period, the Austin, Dallas, Houston and San Antonio metropolitan area populations together gained more than 400,000 new residents, more than any state in the nation — except Texas, of course. Texas remains in a good position for growth. Our many advantages — relatively low living costs, an attractive business climate, a central Sunbelt location and a favorable mix of industries — remain in place, and our long-term outlook is positive. As for the state’s finances, for fiscal 2016 to date (August through June), state tax collections were 6.6 percent lower than in the same period of fiscal 2015. The state sales tax, the tax most sensitive to the ups and downs of the general economy, was down by nearly 2.4 percent. But the budget is still working. The Legislature left $4 billion in available revenue unspent in the current budget cycle. Furthermore, the state’s “Rainy Day Fund” is very robust, with a current balance of $9.6 billion.

Even so, the next legislative session will face a number of challenges. The state budget for fiscal 2018 and 2019 will be tighter than the last one, for a variety of reasons. Energy prices continue to remain low. For fiscal 2016 to date, the oil and natural gas production taxes are down by about 43 percent and 58 percent, respectively. And legislators will have less revenue to work with because of actions taken in 2015. The last Legislature permanently reduced our basic franchise tax rates by 25 percent, and dedicated a portion of our sales tax revenues to shore up a transportation infrastructure that’s been overstressed by rapid growth. On the other hand, Texas taxpayers should be very glad about the outcome of a recent lawsuit, Southwest Royalties, Inc. v. Hegar, which concerned the availability of a sales tax exemption to equipment used in energy production. The Texas Supreme Court’s ruling in this case in June means the state won’t be

on the hook for an immediate $4.4 billion in tax refunds, and $500 million annually thereafter. It’s good news for budget writers. In closing, I’d like to remind TNLA members of another important date in 2017 — the state’s water-efficient products sales tax holiday, held on Memorial Day weekend, May 27 through 29. During the holiday, your customers can skip the sales tax on purchases of all products bearing the Environmental Protection Agency’s WaterSense label, as well as a number of other products including soaker hoses, rain barrels, mulch, compost, xeriscaping plants and more. Contractors and landscapers can buy WaterSense products taxfree to keep in inventory, without an exemption or resale certificate. I’ve served as a spokesman for the Texas Water Smart Foundation, a partnership dedicated to promoting voluntary water conservation, and I know how serious our water issues are. We had a wet year in 2016, but Texans know that another drought is always just around the corner. Urging your customers to participate in the water-efficient sales tax holiday is a great way to help ensure we all have enough of this precious resource to thrive. m Glenn Hegar is currently serving as the Texas State Comptroller of Public Accounts. He works with TNLA on the Texas Water Smart Initiative and was instrumental in creating the Water Efficient Tax Free Weekend.

For more information

on the tax holiday, please visit our site or call 1-800-252-5555.

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How the USDA

Works with State Departments of Agriculture by S t u a r t K u e h n

he mission of the United States Department of Agricultureâ&#x20AC;&#x2122;s (USDA) Animal Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ) division is to safeguard U.S. agriculture and natural resources against the entry, establishment, and spread of

economically and environmentally significant pests to facilitate the safe trade of agricultural products. In cooperation with state departments of agriculture and other government agencies, APHIS-PPQ responds to new introductions of plant pests to eradicate, suppress, or contain them through various programs. APHIS-PPQ also excludes pests at the port of entry through inspection

of propagative material at plant inspection stations, and assists the Department of Homeland Security (DHS) Customs and Border Protection with inspection of cargo, conveyances, and passengers. To carry out the mission, APHIS-PPQ locates State Plant Health Directors in each State. In Texas, the APHIS-PPQ State Plant Health Director (SPHD) is Stuart Kuehn located in Austin, Texas. He coordinates daily with his State Plant Regulatory Official counterpart at the Texas Department of Agriculture (TDA), Dr. Awinash Bhatkar. They work together to establish the regulatory framework that prevents the movement of pests in commerce. They work together to detect pests that could be damaging to agriculture and natural resources in Texas and the United States. They work together to coordinate with state industry representatives. Successful execution of the APHISPPQ mission requires a strong partnership with the state. Several programs and functions are supported by both APHIS-PPQ and TDA resources. For example, if a (continued on page 14)

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(continued from page 13)

quarantine needs to be established due to the nature of a pest’s spread risk, the Texas Department of Agriculture will establish the emergency quarantine first. USDA APHIS-PPQ establishes a federal quarantine that mirrors the state quarantine area. The State Department of Agriculture regulates the intrastate movement of regulated articles while the federal order governs the interstate movement of articles affected by the quarantine. In practical applications like slowing the movement of host plant material in a quarantine area, the two are dependent upon each other because of individual enforcement authority and expertise. Other coordinated tasks include: export certification; permits for importations of plants, plant products, and plant pests; and resolution of technical trade issues that would otherwise impede international commerce.

Formal cooperative programs are executed by both the State Departments of Agriculture and APHIS-PPQ like the following: • Farm Bill 10007: APHIS provides funding to strengthen the nation’s infrastructure for pest detection and surveillance, identification, and threat mitigation, while working to safeguard the nursery production system. Section 10007 includes the Plant Pest and Disease Management and Disaster Prevention Program and the National Clean Plant Network. Some of the Farm Bill 10007 funding supports state programs that meet the funding goals. • Crop Biosecurity and Emergency Management: PPQ provides national leadership and coordination in crop biosecurity and emergency management. As the lead federal agency for plant health emergencies, PPQ works cooperatively with

national and international plant protection organizations; federal, state, tribal, and local agencies; universities; industries; and private entities to develop and implement a science-based framework designed to provide optimum protection against invasive pests and diseases. • The Cooperative Agricultural Pest Survey (CAPS) program leverages the resources of the State and APHIS-PPQ to ensure early detection of harmful pests through a coordinated protocol of surveying for high-risk pests. CAPS results in earlier detection of pests before significant damage has occurred and a higher probability of eradication of the target pests. It is important to note that each entity operates under individual authority to carry out the respective mission, and allow collaboration where those missions converge.

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commercial citrus production areas. With such a rapidly spreading disease, it was imperative from the outset that state and federal resources be aligned. The successful containment of the outbreak was the result of effective coordination and collaboration is these key areas: Some issues are exclusively federal and others are exclusively state. There are many times when APHIS-PPQ seeks state input on decisions under federal rulemaking authority and vice versa. Many plant protection activities reflect true partnership where the federal and state representatives collaborate from the outset of an issue and work jointly to solve it. Neither the SPHD nor the SPRO would be as effective without a thriving relationship between the two organizations. Collaboration and coordination between the APHIS-PPQ and the TDA is synergistic and results in key economies of scale in four key areas: funding; enforcement and compliance; evaluation of program successes and articles for deregulation; and, training. A recent example of state and federal cooperation in Texas is the management of the Citrus Canker outbreak in Cameron County. Citrus Canker is a disease that affects citrus plants and is easily spread by human or animal contact with infected fruit, by moving infected fruit from place to place, and by rain coupled with high winds. In November 2015, citrus canker was detected on a lime tree in a residential area of Rancho Viejo no more than five miles from

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Communication: The SPHD and SPRO were communicating constantly during the incident response and held weekly conference calls about the incident with multiple stakeholders. Also, each entity contributed tools for outreach to homeowners, landscapers, growers, nurseries, vendors, retailers and the public.

Survey: The survey teams were comprised of state and federal employees who were well trained in inspection, detection and sampling for citrus canker.

Training: When the situation required additional resources, USDA-APHIS-PPQ utilized staff entomologists and plant pathologists to train new team members on how to identify host plants, disease symptoms, sampling techniques, tool safety and best practices, as well as decontamination protocols.

Regulatory Actions: A delimiting survey was established immediately and the delimiting area was adjusted daily based on data from the survey teams. Jurisdictional authority allowed state enforcement agents to put immediate measures in place to limit movement of host fruit until a federal compliance agreement and quarantine were able to be established.

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Research and diagnostics: Several scientists from Texas A&M University and USDA Mission Labs shared knowledge, lab space, and dedicated resources to develop spread models, determine the strain of the bacteria, and locate traceability information. The survey and regulatory teams could use the information in real time for emergency response.

Removal and Destruction: Coordination with industry and state waste management facilities and landfills allowed the infected plants to be removed from properties and disposed of in a way that suppressed additional contamination. The citrus canker outbreak in Cameron County is just one clear example of the importance of the partnership between the APHIS-PPQ State Plant Health Director and the Texas Department of Agriculture State Plant Regulatory Official. The challenges facing agriculture are multi-faceted and complex. In some instances, plant issues are truly a matter of life or death for an industry, commodity or community. In a time of climate irregularity, limited funding, and scarce resources for agriculture, forging a strategic alliance between the two groups is practical and necessary. Together, the best expertise, perspectives, authorities, and resources further the safeguarding of plants and natural resources throughout Texas, the United States and the world. m Stuart Kuehn is the Texas State Plant Health Director for the USDA’s Animal and Plant Health Inspection Service (APHIS). APHIS strives to protect and promote the United States’ agricultural health and well-being.

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For more information about the TNLA Political Action Commitee please email Jeff Stokes at jeff@tnlaonline.org. Pol. Ad. Paid for by TNLA PAC, 7730 South I-H 35, Austin, Texas 78745

T N LA G r e e n

TNLA at

Legislative Day on the Hill

by B i l l C a r s o n

ach year the National Association of Landscape Professionals (NALP) sponsors a day for Green Industry businessmen from across the country to meet with law makers in Washington, D.C. Their goal is to inform Senators and Congressmen about issues which impact their industry. The Texas Nursery & Landscape Association (TNLA) is a member of the NALP

and participates in this annual event. This year Amy Graham, TNLA President, Jeff Stokes, TNLA Director of Legislative and Regulatory Affairs, and Bill Carson, TNLA Board Chairman Elect made the trip. The team met with five Texas Congressmen, or their designated aides: John Carter, 21st District, Randy Webber, 14th District, Lamar Smith, 21st District, Roger Williams 25th District and Lloyd Doggett, 35th District.

To maximize the impact of these visits, the delegation chose to focus on one or two topics that are currently relevant to the Green Industry. This year the major topic was the H-2B visa program. H-2B is a major source of seasonal labor for many businesses across the country and a critical resource for the landscape industry. The law limits the number of H-2B visas to 66,000 for the entire country, including all industries. In the past, businesses have sometimes been able to apply that ceiling number to new incoming workers, with workers returning to the U.S. who held previous obtained H-2B visas not in the count. The program operates under those same regulations this year, but only because the provisions that removed returning workers from the 66,000 cap were attached to an Omnibus Spending bill approved late last year. As it now stands, supporters of the H-2B program must convince Congress each year to pass a returning worker provision. Without this additional stipulation, all H-2B visas will be limited to 66,000. In todayâ&#x20AC;&#x2122;s politically charged environment, immigration issues, including legal temporary visas, face significant challenges overcoming the negative impressions held by some lawmakers. In meetings with (continued on page 18)

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(continued from page 17)

legislators, the following points were stressed to emphasize the legitimacy of NALP and TNLA interests: • The U.S. Department of Labor sets the minimum wage for the jobs offered (about $12 per hour in Texas). • Jobs must be offered to U.S. citizens first. • The fact that so many jobs go unfilled by U.S. workers is proof that these are jobs that U.S. workers do not want. • Visa workers are vetted by the U.S. State Department in their country of origin. Individuals with a criminal or drug history are rejected. • Visa workers are required to pay both federal income tax and social security taxes.

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Efforts to educate legislators concentrated on three pieces of legislation now before Congress:

Different levels of interest were expressed by each congressional office. Congressman Carter stated his support of the legislation and Congressman Weber admitted to knowing little about the program but allowed 30 minutes of his time to be educated. Congressional aides from the other three offices listened to the concerns expressed and took the information to pass on to their Congressman. In closing the visit, each law maker was invited to visit TNLA headquarters and was assured that the Association would gladly serve as a resource for any legislation which involves the Green Industry.

1) H.R. 2758, the Seasonal Labor for Job Creators Act will make this exemption permanent, so that employers will be able to depend on their source of labor from one year to the next 2) H.R 3918, the Strengthening Employment and Seasonal Opportunities Now (SEASON) Act will provide expedited processing of H-2B visas 3) S. 2225, the Save Our Small and Seasonal Businesses Act will help clarify and clean up complex practices in the current processing of H-2B visas

Passage of the H-2B legislation is extremely important to those companies that utilize this program to fill their labor needs. Even if you do not hire H-2B labor, it is likely that the program is utilized by companies with which you do business. TNLA urges you to write to your representatives in support of these pieces of legislation. The continued viability of these programs leads to prosperity for all in the Green Industry. m Bill Carson is the owner of Native Texas Nursery, and the Chairman Elect of the TNLA Board of Directors. He has worked in the Texas Green Industry, and with TNLA for many years.

The TNLA representatives reported that their information was well received and felt that if the other teams had similar success, their efforts may well see the passage of H-2B bills favorable to the industry.

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A Little TLC for Crapemyrtles. They Need It! by Dr. Mengmeng Gu

e often consider crapemyrtles as carefree plants. Many crapemyrtles are abused with ‘crape-murder’ and no care. They may need more TLC than we realize. Despite the crapemyrtle bark scale, I’ll focus on the bark of this plant. Crapemyrtle plants have thin bark. On a recent trip to a very busy wholesale nursery, I can’t help but notice some weeds in their containers. This is only worth mentioning because the nursery “is pristine. Lots of dedication and attention to detail there” (I’m quoting a fellow nurseryman). It was explained to me that herbicide caused damage to crapemyrtle plant in the container, and I was assured that the weeds would be gone before next time I come for a visit. A colleague of mine specializing on ornamental weed control also mentioned that he didn’t recommend roundup around crapemyrtles in production nurseries because of their (thin) bark.

Mengmeng Gu , Ph.D. is an Assistant Professor/Extension Specialist at TAMU. She received her BS in landscape horticulture and MS in ornamental horticulture from Beijing Forestry University

Early this May, I went to investigate a ‘crapemyrtle homicide’ (Fig. 1) with Laura Miller, Texas A&M AgriLife Extension Horticulture Agent in Tarrant County. Trees are dying and a few were dead, not from the common (but wrong!) crapemurder pruning practice. Although there was some mal-practice like not removing staking materials (Fig. 2) early enough, that shouldn’t be killing the trees. A

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T e x a s N u r s e r y & L a n d s c a p e Asso c i a t i on

thorough investigation of the ‘crime scene’s was warranted. On most trees, the damage on bark seemed to be worse on the upper trunk (about 5’ above ground, where trees branched out) than the lower trunk (Fig. 3). This ruled out mushroom root rot caused by Armillaria tabescens (Curious what this and other crapemyrtle pests, diseases and disorders look like? Watched the recorded webinar here https://greenviion.wordpress.com/ webinars/), although the symptoms of bark damage look alike. There were three rows of crapemyrtle trees in the parking lot (Fig. 4). The picture of each row was taken from the south end. The trees in the left row had overall the best health, the middle row the worse and the right row in between. Within a row, plants on the south end (close to the shopping areas) seemed to be in worse condition than the north end, and the west side worse than the east side. When we looked at affected trees, there was minor to severe damage to the bark. It looked like something was eating off the bark. On some trees there was almost no bark on the trunk, which explained why some trees are dead. What’s different among these rows of crapemyrtles? The left row only has marked parking space on the east side of

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(continued on page 24)

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(continued from page 23)

trees (Fig. 4). The parking spaces are at a right angle to the right row on both sides. Here comes the problem. My eye level is about where trees branching out. It was about 2:30 pm. When I stood next to a tree in the middle row facing west, the glaring sunlight reflected right into my eyes (Fig. 5). I felt I hit the jackpot here! I stood next to other trees. The reflected glaring sunlight followed me, everywhere there was a vehicle. Two

O’clock in the afternoon is normally the hottest time during a day. Sunlight is much stronger around 2:30 pm than 6:00 pm, when sunlight is reflected to the canopy on the right row. So why are trees on the south end worse than north end? Probably because a popular grocery store is on the south side of the parking lot and customers park as close as they can to the store (i.e. south end of each row). I hope we solved the homicide here.

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But I’d love to hear from you if you have a different opinion. Email me at mgu@tamu.edu. Like Dr. Gary Knox said, repeatedly, in his webinar “Crapemyrtle pests, diseases and disorders”, crapemyrtle is still an overall VERY good landscape plant. This unfortunate incidence may have occurred due to a combination of factors, the sunlight, the vehicles, thin bark of crapemytles, the tree form (vs. the multi-trunk form with less direct sunlight impact), and the recent drought event (can we still blame the 2011 drought?). So, let’s give our crapemyrtles, the Texas state shrub (Amy Graham told me about this!!!), a little TLC. They need it! m

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Inte g r ated Pest Mana gement

The Emerald Ash Borer in Texas: What You Need To Know by Erfan Vafaie

ver since the first detection of the Emerald Ash Borer (Agrilus planipennis Fairmaire, for our Latin readers) in North America in 2002, it has killed millions of ash trees. In some forests in Michigan, more than 99% of the ash trees with stems greater than 1 inch in diameter have been killed and the devastation continues with the spread of Emerald Ash Borer (abbreviated as “EAB”). All ash trees (belonging to the genus Fraxinus) in North America are susceptible, regardless of cultivar, plant health, age, or political persuasion, and White fringetree has been identified as a potential host as well. With the EAB infestation flank from Arkansas (since summer of

Erfan Vafaie is Extension Program Specialist (IPM) at Texas A&M AgriLife Extension erfan.vafaie@ag.tamu. edu | 903-834-6191

2014) and Louisiana (since February of 2015), and the average of 128 ash trees per acre of forestland in Northeast Texas (continued on page 26)

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(continued from page 25)

forests, it was never a matter of “if”, but a matter of “when” EAB would strike Texas.

Damage and Control The EAB is a beetle that originated in Asia and was first found in North America in southeastern Michigan, near Detroit (summer of 2002). Adult EAB typically live for about 2 – 3 weeks. Adult female EAB lay

about 60 – 90 eggs in their lifetime. Their eggs are deposited on the bark of trees, and larva emerge about 7 – 10 days after and bore into the cambium layer of the tree, which disrupts the tree’s ability to transport water and nutrients. Symptoms of EAB infestation include: 1. Crown dieback: As EAB larva begin boring into the cambium

layer of the upper branches, nutrient transport is cut off, and the upper branches begin to lose leaves and die off. 2. Epicormics branching: Extra branches in the lower part of the tree begin to grow in response to the thinning upper canopy and stressed tree. 3. Vertical bark splits: Bark splits occur as a result of the larval feeding galleries beneath. Peeling back this bark often reveals the S-shaped galleries in EABinfested trees. 4. Woodpecker flecking: A result of the woodpeckers trying to feed on the EAB larva.

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5. D-Shaped emergence holes: When the larva become adults, they emerge out of the tree in a distinct D-shaped exit hole that is about 1/8-in. large. 6. S-Shaped (serpentine) larval galleries: EAB larva feed in a distinct serpentine pattern. Peeling back bark of EAB-infested trees can reveal this distinct feature (see Figure 1).

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Trees can be killed within 2 – 5 years of observing initial symptoms. Currently some of the most effective methods of managing EAB including quickly removing and destroying infested materials and treating high-value ornamental trees with injection insecticides, such as imidacloprid, dinotefuran, azadirachtin, or emamectin benzoate (restricted-use), in and/or near atrisk areas (i.e. within 15 miles of known infested trees). Trees that have a canopy that is at least 50% alive can recover over time with treatment applications. (continued on page 28)

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New Members

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Welcome! TNLA would like to welcome its new members. If you would like to become a member, orif you have any questions or concerns about your current membership, please contact us at 800.880.0343. Visit www.tnlaonline.org to learn about the benefits of becoming a part of TNLA. REGIO N 2

Supplier – Branch New Earth, Inc. – Katy Justin DuBose PO Box 157 Katy, TX 77492 www.newearthcompost.com Keeling Company Adrian Stewart 6615 Thrall Rd. Houston, TX 77066 www.keelingcompany.com Landscape Purple Vines Renee Bevirt PO Box 440052 Houston, TX 77244 Government City of Pasadena Michael J. Maki 3111 San Augustine Ave. Pasadena, TX 77503 City of Missouri City Paul Wierzbicki 1522 Texas Parkway Missouri City, TX 77489 Walker County Cecilia Cowart Schlicher 3745 Summer Lane Huntsville, TX 77340 Student Texas Southern University Willie Sykes PO Box 821087 Houston ,TX 77282 Grower First American Shrubs & Trees James Roberts 16726 N. Freeway Houston, TX 77090 www. houstonplantsandgardenworld. com U.S. Trees of Texas David Kleimann 12146 Cude Cemetary Rd. Willis, TX 77318 www.ustreesoftexas.com Texas Tree Liners, LLC Lisa V. Berry 16193 Pine Lane Plantersville, TX 77363

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Government Texas A & M AgriLife Extension Kim Benton PO Drawer B Rusk, TX 75785 Government Texas A&M University Nicky Maddams 225 HFSB MS 2134 College Station, TX 77843 Retail Rainer Farms Will Rainer PO Box 10090 Tyler, TX 75711 Retail Mulberry Creek Nursery Shaina Ressler 4645 Lamar Ave. Paris, TX 75460 Student Texas Tech University Abbey Draut 2002 Rayburn Ct. College Station, TX 77840

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Student Mineral Wells High School Carli Fenner 26084 South FM 4 Lipan, TX 76462 Landscape Unique Landscaping Donna Kauffman 7111 Colleyville Blvd. Colleyville, TX 76034 www.lndscpng.com Landscape – Associate Brooks Taylor 1013 Belmont Dr. Kennedale, TX 76060

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Grower Fox Tree & Landscape Nursery, Inc. Daniel Caballero 5949 La Costa Dr. Corpus Christi, TX 78414

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Government Texas Facilities Commission Leslie Bowman PO Box 13047 Austin, TX 78711 Landscape Landry Landscape Design Barry Landry 505 Clarke St. Austin, TX 78745

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Supplier Protek Paul Greenley 5042 Wilshire Blvd, #21155 Los Angeles, CA 90036 www.proptek.com Irrigation Mart, Inc. Michael Pippen 200 South Service Rd East Ruston, LA 71270 www.irrigation-mart.com The American Road Machinery Company Jon Deremer 3026 Saratoga Ave. SW Canton, OH 44706 www.toughequipment.com BASYS Processing Kurt Woltering 15423 W. 100th Terrace Lenexa, KS 66219 www.basyspro.com Prism Hardscapes John Balsz 41145 Raintree Court Marrieta, CA 92562 www.prismhardscapes.com Grower Mario & Son, Inc. Mario Ortigosa 20500 SW 198th Ave. Miami, FL 33187 www.marioandson.net Starling Nursery, Inc. Bill Gibbs PO Box 494 Seville, FL 32190 Landscape Accent Landscape Contractors, Inc. G. Cameron Stevens 3525 Girard Blvd. NE Albuquerque, NM 87107

T e x a s N u r s e r y & L a n d s c a p e Asso c i a t i on

For the latest job listings visit our online opportunities. Highly renowned and successful retail nursery and display garden for sale in historic destination area of East Texas. Established in 1985, approximately 45,000 visitors travel here each year to shop and enjoy the surroundings at this enchanting property. The eight acre site of the property is also available for purchase. In addition to the nursery operation, a beautiful wedding/ event venue generates significant revenue each year. Contact Ron Spolane at (713) 854-3481 for details. Nursery for sale: Houston TX S. Kirkwood and Westpark Tollway area. 3 acres, Agricultural tax exemption, water well, irrigated, 4 green houses 40x100 each. 3 phase power and inventory included. Price $795,000.00. Stuart Rosen Broker (713) 449-5595.

To Place A Classified Ad in TNLA GREEN Magazine or online, please contact Mark Studer at mark@tnlaonline.org or by calling (512) 579-3866

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By following the quarantine, you will ensure that you keep your products safe, as well as help reduce the economic and environmental impact of EAB. (continued from page 26)

Quarantine: Harrison County As of July 11th (2016), Harrison County has been quarantined in order to prevent further movement of EAB across Texas. The restrictions related to the quarantine can be found on the Texas Department of Agriculture website; texasagriculture. gov, scroll over “Regulatory Programs” and select “Plant Quality”. Click on “Pest and Disease Alerts” (which lists all current plant pests and diseases under quarantine in Texas) and click on “Emerald Ash

Borer”. Click on the link provided under “Quarantine Regulations” to see the official document or refer to Table 1 in this article. If you have operations in Harrison or often transport goods through Harrison that may be considered regulated articles (i.e. firewood of all hardwood (non-coniferous) species, ash wood/products or white fringetree products, etc.), then be sure to take the time to become familiar with the regulations regarding their transport in order to help limit the movement of EAB.

What Can You Do? Simply by becoming familiar with EAB, signs of damage, and respecting quarantines, you can help by reporting suspect EAB damage. By following the quarantine, you will ensure that you keep your products safe, as well as help reduce the economic and environmental impact of EAB. On their own, EAB can’t travel but a few miles a year. The spread of EAB over longer distances has primarily been achieved by human movement of infested materials (see Figure 2). In order to transport materials originating within the quarantine zone to an area outside the quarantine zone, special permission is required from TDA or USDA. For regulated materials just passing through, special precautions and limitations also apply. m

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