H-2A Wages Become a Bit More Clear with Newly Released Data

On April 25, the Bureau of Labor Statistics released the results of the May 2022 Occupational Employment and Wage Estimates (OEWS). This is important because under the new Adverse Effect Wage Rate (AEWR) final rule that went into effect on March 30, the OEWS data is now the basis for the single-Standard Occupational Classification (SOC) H-2A AEWRs, which are the wage rates paid to H2-A visa holders with specific jobs outside the primary farm occupations, unless the six SOC code AEWR is higher and then it must be paid. In accordance with the final rule, the single-SOC AEWRs based on the newly released OEWS data will be announced in a Federal Register notice and become effective on or about July 1. The single-SOC OEWS-based AEWRs will apply from July 1, 2023, through June 30, 2024.

User-friendly tool can help localities make informed land use and development decisions

A new, free digital tool can give local leaders access to the information they need to make wise decisions regarding land use and development throughout Virginia.

The Virginia Land & Energy Navigator incorporates layers of geographic information data related to farmland, forests, utility infrastructure, conservation easements, disturbed lands and more, to support land use planning and decision making at the local level. The tool is now live, allowing users to see the precise locations of various resources and infrastructure through an intuitive interface.

The Virginia General Assembly recognized the need for data resources to help localities make informed land use planning decisions. Section 3 of HB 894 required a report detailing the cost and potential location for a map or repository of prime farmland, intended to further assist in siting determinations for projects like solar energy collection. An HB 894 work group exceeded that directive by creating VaLEN—a functional resource.

There is concern among the agricultural community that large-scale solar buildouts may permanently hinder future use of prime farmlands and forever alter Virginia’s rural landscape. VaLEN could help local leaders make the best siting decisions for those utility-scale solar projects.

“This project will increase every locality’s ability to make complex land use decisions with access to some groundbreaking information all under one source that has been practically impossible to compare before the impressive work done by Virginia Cooperative Extension and stakeholders,” said HB 894 work group member Zach Jacobs, a legislative specialist for Virginia Farm Bureau Federation.

Led by Extension and funded by Dominion Energy, VaLEN represents a collaborative effort of state and federal agencies, nonprofit organizations and local government and industry working to balance renewable energy goals in the context of broader conservation and economic development interests.

“I personally find that interdisciplinary, collaborative teams bring different perspectives and result in higher-quality, more holistic solutions to complex issues,” said Dan Goerlich, Extension associate director of economy, communities and food. “This resource can support local decision making based on local needs and goals, rather than prescribe outcomes per se. The work group members also felt like providing access to the highest quality information available, in a manner that is easy to access and understand, would lead to enhanced decision making and associated outcomes.”

For example, he added, local leadership could use VaLEN to confirm the location of their highest-quality farm and forest land, so those areas are more likely to remain in food and fiber production.

“Down the road, our hope is that VaLEN helps contribute to that balance between economic development and natural resource conservation that we all seek,” Goerlich said.

Visit valen.ext.vt.edu to use the tool and learn more.

AEWR Methodology Change a Blow to Growers

Here is the recipe that the U.S. Department of Labor used to create the Adverse Effect Wage Rate (AEWR) Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States final rule. Step one: Copy the proposed rule of the same name released on Dec. 1, 2021. Step two: Paste. Step three: Sprinkle in some references to having received comments from a range of stakeholders from the public, private and nonprofit sectors, but fail to incorporate any of the suggestions. Step four: Add a dash of “it’s not our job” in response to some of the comments received. Step five: Publish the final rule, which “is adopting the methodology proposed in the 2021 AEWR NPRM without change,” in the Federal Register on Feb. 28, 2023. Barring any last-minute change of heart or legal action, this new wage regime goes into effect today, Thursday, March 30. (Credit: Veronica Nigh, Senior Economist, American Farm Bureau / Click the button below to read the full story.)

Dairies Can Apply for American Rescue Plan Act Recovery Fund until May 1

As part of legislative action by the Virginia General Assembly, funds from the federal American Rescue Plan Act of 2021 (ARPA), State and Local Fiscal Recovery Fund, were appropriated to the Virginia Department of Agriculture and consumer Services (VDACS) to assist Virginia Grade A dairies. The General Assembly approved $2 million for VDACS to establish a program to provide direct financial assistance to Grade A dairies that experience financial losses in the spring of 2020, compared with the same period in 2019.

All Virginia Grade A dairies that were in operation in the spring of 2020 are eligible to apply by completing the form similar to the sample form below. The completed form should be specific to your farm and contain a calculation demonstrating the estimated financial losses and the calculated direct payment for which you are applying.  Please note that the maximum possible payment per farm will not exceed $5,500, and final payment amounts will not be determined until after the May 1, 2023, application deadline. Farms whose calculated dairy margin coverage payments are less than the maximum VDACS payment will receive the calculated dairy margin coverage estimated amount.

For more information, please contact the Milk Commission at 804-786-2013 or milk@vdacs.virginia.gov. You may be asked to submit documentation to support your claim. Signed applications and signed and completed COV Substitute W-9 forms should be mailed to the address below and postmarked no later than MAY 1, 2023. Failure to include both documents could exclude the farm from participation in the program.

Public Comments for Wildlife, Hunting and Boating Proposed Regulation Amendments

Public Comment Period is Now Open for 2023 Wildlife, Hunting, and Boating Proposed Regulation Amendments

Following a public scoping period where ideas on changes to wildlife regulations were reviewed, the Virginia Board of Wildlife Resources proposed amendments to Virginia’s regulations governing wildlife and boating. A public comment period is currently ongoing through May 10, 2023. You can read the proposed changes and provide feedback here.

Public comment will also be taken both virtually and in-person during the May 25 meeting of the Board of Wildlife Resources. Meeting details, including an agenda and registration link, will be posted here when available. The board anticipates adopting final regulation amendments that will be effective on August 1, 2023.

Virginia Farm Bureau members can contact Stefanie Taillon at stefanie.taillon@vafb.com or 804-363-9505 with questions or concerns.