BILL ANALYSIS Ó AB 2511 Page 1 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. AB 2511 Page 2 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. AB 2511 Page 3 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 AB 2511 Page 4