BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2511


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          Date of Hearing:  March 30, 2016


                          ASSEMBLY COMMITTEE ON AGRICULTURE


                                  Bill Dodd, Chair


          AB 2511  
          (Levine) - As amended March 28, 2016


          SUBJECT:  Fertilizing materials:  auxiliary soil and plant  
          substances:  biochar.


          SUMMARY:  This bill defines biochar to mean "materials derived  
          from thermochemical conversion of biomass in an oxygen-limited  
          environment containing at least 60% carbon;" adds "biochar" to  
          the list of products intended to be used for influencing soils,  
          plant growth, or crop or plant quality for the purpose of the  
          definition of auxiliary soil and plant substances (ASPS); and,  
          removes biochar as a soil amendment within ASPS. 


          EXISTING LAW:  Regulates fertilizer materials and provides for  
          the licensure of individuals who manufacture or distribute  
          fertilizing materials; defines various terms for the purpose of  
          carrying out these provisions, including, but not limited to,  
          auxiliary soil and plant substances; and, lists specific  
          chemical or biological substances or mixtures of substances or  
          devices included within the definition of auxiliary soil and  
          plant substances and excludes commercial fertilizers,  
          agricultural minerals, pesticides, soil amendments, and manures  
          from the definition.  Bulk material is defined as fertilizer  
          material in non-packaged form containing more than 110 pounds.










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          FISCAL EFFECT:  Unknown.


          COMMENTS:  Biochar is a product that can benefit soil health  
          while providing greenhouse gas (GHG) reductions, soil  
          productivity, and carbon sequestration.  Additionally, it may  
          improve a soil's water retention ability.  This product is in  
          the early stages of being utilized on agricultural soils;  
          current products are not inspected, creating a situation where  
          inferior products could jeopardize the future use of this  
          potential beneficial soil product.  The author states that AB  
          2511 will resolve these problems.


          Soil amendments can be packaged goods that must be labeled or  
          bulk material that does not carry any nutrient claims.  They are  
          used for the purpose of changing the soil structure or texture,  
          including among other materials, peat moss, leaf mold, sand,  
          limestone, manure, hay, or other material used solely due to its  
          physical properties.  Packaged soil amendment manufacturers are  
          required to register with the California Department of Food and  
          Agriculture (CDFA) Fertilizer Materials Inspection Program  
          (FMIP).


          According to the supporters of AB 2511, since the passing of the  
          Global Warming Solutions Act of 2006 (AB 32), the agricultural  
          community has been exploring ways to voluntarily reduce  
          greenhouse gasses (GHG).  The use of biochar could be a  
          potential source of GHG reductions funded by the Healthy Soils  
          Initiative which has a proposed $20 million allocated to CDFA by  
          the Governor's budget.  


          The intent of this bill is to not include bulk soil amendments  
          under FMIP, by excluding biochar as a soil amendment under ASPS  
          exception list, this objective is accomplished.










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          RELATED LEGISLATION:  SB 1350 (Wolk) of the 2016 legislative  
          session, among other things, would require CDFA to establish and  
          oversee a Healthy Soils Program to provide incentives, including  
          loans, grants, research, and technical assistance, or  
          educational materials and outreach, to farmers whose management  
          practices contribute to healthful soils and result in net  
          long-term on-farm GHG benefits. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Farm Bureau Federation


          Sonoma Biochar Initiative




          Opposition


          None on file.




          Analysis Prepared by:Jim Collin / AGRI. / (916) 319-2084













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