BILL ANALYSIS Ó
AB 2511
Page 1
ASSEMBLY THIRD READING
AB
2511 (Levine)
As Amended March 28, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Agriculture |9-0 |Dodd, Mathis, Eggman, | |
| | |Gallagher, Gray, | |
| | |Irwin, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Quirk, | |
| | |Salas | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood | |
| | | | |
AB 2511
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| | | | |
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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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, the California Department of Food and Agriculture
(CDFA) is expected to incur increased costs for the additional
inspections and reviews pursuant to this bill. If two
inspectors and two environmental scientists were needed for
routine sample inspections, ongoing costs would be in the range
of $430,000 a year. The fiscal costs of additional inspections
will be partially offset by fees and assessments of biochar
manufacturers.
COMMENTS: Biochar is a product that can benefit soil health
while providing greenhouse gas (GHG) reductions, soil
AB 2511
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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 this
bill 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 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 (Núñez), Chapter
488), the agricultural community has been exploring ways to
voluntarily reduce 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.
RELATED LEGISLATION: SB 1350 (Wolk) of the current 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.
AB 2511
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Analysis Prepared by:
Jim Collin / AGRI. / (916) 319-2084 FN: 0003148