The Bottom Line #10

The Bottom Line No.10 (link to full issue), August 21, 2024

In this issue: Equipment Only Grants coming in 2025, New H2A rules take effect on August 28, New York Land Value Trends, Report your storm damage! SARE Farmer Grants and Upcoming Programs


News

Coming in 2025 – Equipment Only Grants (NYS Ag and Markets) 

According to the NYS Ag and Markets website, NYS Ag and Markets Farm and Food Growth Fund applications for Equipment Only Grants will be launched after the Resilient Food Infrastructure Grant Program is completed.  They expect this to be in 2025. These awards will be $10,000 – $100,000 with no match required. Equipment must be used for post-harvest aggregation, processing, packing, or distribution of eligible agricultural products.  The Farm and Food Growth Fund (the administrator of the grant program) website indicates that information about this program will be available soon.

 Reminder – new H2A rules take effect on August 28!  Any job order not submitted by the 28th must be submitted on updated forms that reflect the new regulations.

The new worker protections that must be incorporated into job orders filed in connection with H-2A Applications (criteria clearance orders) will apply to workers employed under any criteria clearance orders and associated H-2A applications submitted on or after 12:00AM Eastern Daylight Time on August 29, 2024. Here is a webinar from the USDOL that outlines the changes you will see in the forms ETA 790 and 790A and 9142A.   

These new worker protections supplement and enhance existing protections and include the following employer obligations and assurances:

  • disclosure of all applicable wage rates, including prevailing piece rates, as well as any other wage rate the employer intends to pay;
  • requirement to permit workers to invite or accept guests to their employer-furnished housing;
  • prohibition on operating vehicles that were required to be manufactured with seat belts unless all occupants and the driver are wearing such seat belts;
  • disclosure of any productivity standards as a condition of job retention;
  • clarification on the criteria necessary to terminate a worker for cause;
  • agreement that workers may designate a representative in certain circumstances;
  • disclosure of the owner of each employer, operator of each place of employment, and the managers and supervisors of workers; and
  • disclosure of foreign worker recruitment.

The Department will also begin to enforce the anti-retaliation provisions revised by the Farmworker Protection Rule regarding conduct or actions occurring on or after August 29, 2024. The revised anti-retaliation provisions explicitly prohibit retaliation because a person has:

  • Consulted with a key service provider on a matter related to the H-2A program; or
  • Filed a complaint, instituted or caused to be instituted any proceeding, or testified, assisted, or participated (or is about to testify, assist or participate) in an investigation, proceeding, or hearing under any applicable Federal, State, or local law.

Additionally, for any person engaged in agriculture as defined by the Fair Labor Standards Act, the revised anti-retaliation provisions prohibit retaliation because a person has:

  • Engaged in self-organization and/or other concerted activities for the purpose of mutual aid or protection related to wages or working conditions, or refused to engage in these activities; or
  • Refused to attend a “captive audience” meeting or listen to or view communications that have the primary purpose of communicating the employer’s opinion on protected activity.

Research

2024 New York Land Value Trends

A new joint publication from the American Society of Farm Managers, Rural Appraisers Northeast Chapter, Cornell Cooperative Extension and the Dyson School discusses trends in agland values for New York State.  Here are some of the highlights for the counties in the Eastern New York Commercial Hort Team regions.  You can access the full publication at this link.

Tool of the Week

Reporting Storm Damage on Farms – It Matters!

Tornadoes, hail, floods.  2024 has been an eventful summer for many farms in New York. Although it seems that farms in Eastern NY were spared the worst of the weather so far, hearing about storm damage in other regions is a reminder to me to review best practices for storm preparedness.  This week the focus is on post-storm documentation of damage.

Funding Opportunities

SARE Farmer Grant Call for Proposals Open Proposals due Nov 12 at 5 p.m. EST. Projects will start after March 1, 2025.

Northeast SARE Farmer Grant funds can be used to conduct a research project to explore new concepts in sustainable agriculture conducted through experiments, surveys, prototypes, on-farm demonstrations or other research and education techniques. Farmer Grant projects address issues that affect farming with long-term sustainability in mind.  Use of funds includes paying farmers for their time, for project-related materials, for project costs like consulting fees or soil tests, and any communications or outreach expenses associated with telling others about project results. Awards typically range from $5,000 to $30,000, depending upon a project’s complexity and duration.  Applicants should only request the funding necessary for the success of their project. Farmer Grant recipients are expected to collect and manage reliable data about their project and convey this information clearly through annual and final reports.