State Level Legislation

Here are policies that we're following at the state level in our Northwest region.

Oregon

• HB 4002 - Oregon Agriculture Overtime

  • NCAP is in support of overtime for agricultural workers.

  • Details of the PCUN proposal include:

    • 5 year transitional period to get to the 40-hour threshold: In 2023 and 2024, overtime would kick in at 55 hours; in 2025 and 2026 it would kick in after 48 hours; by the end of 2027, it would kick in at 40 hours.

    • Tax credit for farmers paying overtime wages: During the transition period there would be a refundable tax credit to reimburse farmers for 15%-75% of the cost of overtime wages through their payroll tax filings. The rate of reimbursement would be dependent on crew size and would phase down throughout the transition period, with higher rates of reimbursement for farms with less than 25 FTE.

    • As reported in this recent article by Dianne Lugo, “At the behest of white southern farmers, the federal government excluded farmworkers and domestic workers from the landmark provisions of the Federal Fair Labor Standards in 1938. The agricultural and domestic labor force was mostly Black then. Today, it is mostly Latino. Few states have passed legislation to guarantee overtime protections to agricultural workers. With House Bill 4002, Oregon would become the third, following similar laws in California and Washington. Four other states have laws that cover overtime for some, but not all, agricultural workers.”

• Heat and Smoke Protections for Workers in Oregon

  • Oregon OSHA is gearing up to release what could become the strongest Heat and Smoke protections for workers in the Country. Visit the OR OSHA website to read a summary of both rules and download free tools created to help employers comply.

  • SHOW YOUR SUPPORT BY SUBMITTING A COMMENT TODAY! Oregon OSHA is seeking public input on the proposed rules in a variety of ways through March 18th. Submit comments via email at [email protected] or by phone at 1-833-604-0884 (toll free) or 503-947-7396. Voicemail messages may be left 24 hours a day, and must be under two minutes in length. Additional details as well as how to sign up for hearings are available here: heat and wildfire smoke.

Click for contact information for Oregon legislators

Washington

• HJR 4209 - Amend the State Constitution to Include Rights of Nature

  • Sponsored by Rep. Debra Lekanoff, House Joint Resolution (HJR) 4209 would add a new section to the Washington state Constitution regarding the conservation and protection of the state's natural resources. It states, in part, “The people of the state, including future generations, have the right to a clean and healthy environment, including pure water, clean air, healthy ecosystems, and a stable climate, and to the preservation of the natural, cultural, scenic, and healthful qualities of the environment.” As pointed out by our friends at Washington State Nursery and Landscape Association (WSNLA), constitutional amendments require a two-thirds vote of each chamber of the legislature and a vote of the people. That is unlikely to happen this year since it’s a short session, but we thought this was too good not to share!

• HB 1993 - Recreate the Pesticide Advisory Board

  • Rep. Tom Dent (R-Moses Lake) introduced House Bill 1993 which would establish a permanent Pesticide Advisory Board. There’s still a chance this could pass. The Washington State Department of Agriculture had previously convened a Pesticide Advisory Board which provided counsel on pesticide-related actions, however it was eliminated in 2010. If recreated, it would consist of 18 voting members and over 20 non-voting members (mostly agency staff). Voting members would be appointed by the director of agriculture and would include:

    • Licensed pesticide applicators, pest control professionals, and the agricultural chemical industry; agricultural producers; agricultural labor and farmworker health; the environmental community; one representative from a federally recognized Indian tribe; and state poison control, toxicology, agricultural hygiene, and pesticide management officials.

  • NCAP hopes that if the Advisory Board is made permanent, it becomes a trustworthy space for sharing the concerns of those in Washington most impacted by the human health and interlocking environmental health impacts of toxic pesticides.

• Multiple Salmon Bills

  • HB 1838, also known as the Lorraine Loomis Act—named after a Swinomish Tribe member who was a salmon recovery advocate in the state—would require public and private property owners with land along the designated riparian protective zones actively protect those zones, including planting trees and shrubbery to cool down the water temperature. The zones would cover 100 feet on either side of a river or stream in non-forested areas, and different amounts based on tree height in forested areas. Land would be exempt for a few reasons, including if it is a small parcel that would lose more than half of its area to the salmon zone. Although it is not moving forward this legislative session, it is expected to come back (read about the debate here).

  • In the meantime, HB 1869 sponsored by Reps. Klicker, Dent, Chase, and Graham would encourage salmon recovery through voluntary stewardship, providing greater options for cities and counties planning to incorporate salmon recovery into their planning under the growth management act.

Click for contact information for Washington legislators

Idaho

• HB 448 - Repeal 6% Grocery Tax

  • For over eight years, grassroots and anti-hunger groups in Idaho have been working to get rid of the 6% sales tax on groceries. Although Rep. Ron Nate’s (R) bill would do just that, it is being held in committee by the same leadership which has prevented it from moving forward in the past. The only reprieve being offered is a $20 increase to the $100 annual tax credit each Idahoan can apply to receive. According to a recent article by Scott McIntosh, “When was the last time you spent $38.46 on your weekly grocery shopping? That’s what you’d need to keep your weekly food bill to if you want to max out on a proposed increase to Idaho’s food sales tax credit for an individual. A family of four would need to keep their grocery bill to $154 per week.” If you’re interested in learning more, reach out to organizers at the Idaho Organization of Resource Councils to get involved in this long-haul campaign.

Click for contact information for Idaho legislators

Federal Level Legislation

• Protect Americans Child from Toxic Pesticides Act (PACTPA):

  • PACTPA as written would ban dangerous pesticides including organophosphate insecticides (e.i. chlorpyrifos), neonicotinoid insecticides and paraquat herbicides; Close loopholes that have allowed the EPA to issue emergency exemptions and conditional registrations to use pesticides even before they go through full health and safety reviews; Create a petition process for the people which will allow citizens to request review of pesticides that would otherwise be approved for use indefinitely; Support local community protective actions from preemption of veto by state law; Protect farmworkers from harm by requiring injury reports, directing EPA review of these reports, improved pesticide label instructions and requiring labels in Spanish and any other language that can be shown to have 500 or more applicators using that language; and Broaden the knowledge base by requiring suspension and review of pesticides deemed unsafe by Canada or the European Union. 
  • Click here to urge your Senators to support PACTPA!