Page 41 - Free State Summer 2022

vigilance on the part of our industry but Congress provided multiple a handful of regulatory actions
over the next year. infusions of funds to supplement where AmericanHort expects to

Department of Labor (DOL) fees during the pandemic, mostly engage, offer technical assistance
due to air travel disrupted by COVID to policymakers, and leverage
The DOL expects to work on rules restrictions. The Department expects our grassroots strength to give
related to the nursery and floriculture to gather industry input on any horticulture and our members a
industry in 2022. For starters, in changes through February 2023. voice in decision-making. As we seek
August 2022, the Department to shape outcomes in Washington,
and other jurisdictional agencies Environmental Protection Agency we will also help members anticipate
plan to release the final wage and (EPA) the shifting policy landscape and
program rules for the H-2A program, The definition of “waters of the optimize their business practices for
wrapping a rulemaking process that United States” (WOTUS) subject to success. Stay tuned!
began in 2019 under the previous federal protection under the Clean
Administration. Also related to the Water Act has undergone three https://www.dtnpf.com/agriculture/
nonimmigrant workforce, in February rewrites in as many Administrations. web/ag/news/business-inputs/
of 2023, the agency will propose to On the agenda, the EPA and the article/2022/04/27/epas-snyder-
amend H-2B program rules, initiating Army Corps of Engineers expect to agency-might-release
what may become a multi-year finish the reversion to the Obama-era Evan Lee
regulatory process. definition as planned this summer. House Committee Advances DHS
Meanwhile, the agency will continue The agency also intends to revise Spending Bill, H-2B Authority
to review heat illness prevention rules the scope of covered waters via a Before heading out on the
for indoor and outdoor workers, second rule, though that proposal Holiday recess break, the House
though no guarantee of changes or is no longer expected this year, as Appropriations Committee approved
timetable for a decision is provided. EPA advisors previously indicated its FY23 funding bill for the Homeland
Notably, the agency also delayed was possible (see link below). The Security Department. During the
until October 2022 any further steps delay gives the agency more time to mark-up, Rep. Chellie Pingree (D-ME)
to revise overtime rules for exempt incorporate any direction from the introduced an amendment to
(generally salaried) employees. U.S. Supreme Court after the court provide the Administration with the
Included in the Fall 2021 agenda decides in the case of Sackett v. EPA discretionary authority to release
and expected this past April, the on this very issue next term. supplemental visas. This is the same
delay in proposed amendments to In another rulemaking subject to discretionary authority provided over
the overtime exemptions followed ongoing litigation, the EPA added the past few years, which enabled
requests by AmericanHort and to its work plan revisions to areas, the release of 55,000 supplemental
a coalition of employers for a known as “exclusionary zones,” that visas this year. Presuming it
postponement to consider the need farm workers must avoid during and becomes law, the amendment also
for further changes. after pesticide application. The prior included new language that should

U.S. Department of Agriculture administration dramatically reduced expedite the process for releasing
(USDA) exclusionary zones for outdoor supplemental H-2B visas in the future.
pesticide application, a change
The USDA will review an update to facing multiple legal challenges. The Our policy goal has and continues
its fee structure for the Agriculture EPA expects to begin rulemaking in to be a returning worker exception
Quarantine Inspection program. October 2022 on new standards, with (RWE) and both Reps. Pingree
The fees, paid by importers and a final rule expected in November (D-ME) and Andy Harris (R-MD)
cross-border travelers alike, cover the 2023. had submitted RWE language
infrastructure for pest and disease and were ready to push forward.
inspection and quarantine services. As timelines in the agenda indicate, However, union opposition and
Since its inception, the program the gears of government turn Judiciary Committee jurisdictional
operated at full cost recovery, slowly, but inexorably. Above reflects (continued on next page)

Get Active. Stay Involved. • SUMMER 2022 41