BILL ANALYSIS Ó
SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2015 - 2016 Regular
Bill No: AB 2511 Hearing Date: 6/21/16
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|Author: |Levine |
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|Version: |3/28/16 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Anne Megaro |
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Subject: Fertilizing materials: auxiliary soil and plant
substances: biochar
SUMMARY :
This bill would clarify that "biochar" is a soil amendment that
is included in the definition of "auxiliary soil and plant
substance" and, therefore, subject to licensing and labeling
laws and would define "biochar" to mean materials derived from
thermochemical conversion of biomass in an oxygen-limited
environment containing at least 60 percent carbon.
BACKGROUND AND EXISTING
LAW :
The Fertilizing Materials Inspection Program within CDFA was
created to ensure that fertilizer materials are safe and meet
the quality and quantity guarantees as stated on the product's
label. This program is responsible for licensing manufacturers,
reviewing and registering product labels, conducting
inspections, and providing research and education regarding the
safe use and handling of fertilizing materials.
Existing law:
1) Requires CDFA to enforce laws and adopt regulations
relating to the manufacture, labeling, and distribution of
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fertilizing materials.
2) Defines "fertilizing material" to mean any commercial
fertilizer, agricultural mineral, auxiliary soil and plant
substance, organic input material, or packaged soil
amendment (but not bulk soil amendments).
3) Defines "packaged soil amendment" to mean any substance
that promotes plant growth by conditioning soils solely
through physical means, such as hay, straw, peat moss,
sand, etc. Given this definition, biochar is considered a
soil amendment.
4) Defines "auxiliary soil and plant substance" to mean any
chemical or biological substances or devices applied to
soil, plants, or seeds for soil corrective purposes; or
that is intended to improve germination, growth, yield,
product quality, etc.; or that is intended to produce any
change in soil. It does not include commercial
fertilizers, agricultural minerals, pesticides, soil
amendments, or manures. It does include, for example,
bacteria, lignin, and soil binding and wetting agents.
5) Requires every manufacturer or distributor of
fertilizing materials to obtain a license from CDFA.
6) Requires fertilizing material label registration for
each differing product, such as changes in the guaranteed
analysis or derivation statement.
7) Exempts bulk soil amendments (110 pounds or greater)
from both licensing and labeling requirements, unless it is
an organic input material that will be used in organic crop
and food production.
8) Establishes licensing and registration fees.
9) Authorizes CDFA to cancel an existing registration or
refuse to register any fertilizer material which the
secretary determines to be detrimental or harmful to
plants, animals, public safety, or the environment or any
product that contains false or misleading claims.
10) Authorizes CDFA to collect an assessment fee not to
exceed $0.002 per dollar of sales of all fertilizing
materials.
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11) Authorizes CDFA to inspect, sample, and analyze
fertilizing materials and conduct investigations concerning
the use, sale, adulteration, or misbranding of any
substance.
PROPOSED
LAW :
This bill:
1) Clarifies that "biochar" is a soil amendment that is
included in the definition of "auxiliary soil and plant
substance."
2) Defines "biochar" to mean materials derived from
thermochemical conversion of biomass in an oxygen-limited
environment containing at least 60 percent carbon.
ARGUMENTS IN SUPPORT:
According to the author, "AB 2511 seeks to enhance the use of
biochar. Biochar is a specialized form of charcoal that has
many agricultural and environmental benefits when it is
incorporated into the soil. This bill lists biochar as a
beneficial soil additive in the Food and Agricultural Code and
establishes a minimum standard to qualify as biochar. This
ensures that the product meets specific quality requirements.
Further, AB 2511 authorizes the California Department of Food
and Agriculture to have oversight of this new industry. Under
existing law, biochar is not regulated by the state. Because
the biochar market is relatively new, lack of oversight can have
a chilling effect on the widespread use of the product. The
regulatory authority provided in AB 2511 is needed to ensure
that the product develops in a fair and equitable marketplace,
and protects consumers as well."
COMMENTS :
Need for this bill. Biochar is growing in popularity as its
beneficial impact on soil is increasingly recognized. Benefits
include improving soil fertility, increasing soil water
retention, and reducing nitrate leaching. Currently, biochar is
an unregulated product and, as such, presents the potential for
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inferior, mislabeled, or adulterated products to be sold in the
marketplace, thus jeopardizing the integrity of the biochar
industry. This bill would authorize CDFA to regulate biochar as
a fertilizing material to ensure that biochar manufacturers are
licensed and products are registered, appropriately labeled, and
free of adulterants. Furthermore, given the relationship
between biochar and enhanced soil quality, biochar could play a
role in the governor's proposed Healthy Soils Initiative.
Healthy Soils Initiative. In his 2015-16 budget proposal,
Governor Brown included the new "Healthy Soils Initiative" to
increase carbon in soil to improve soil health, agricultural
productivity, soil water-holding capacity, and decrease sediment
erosion. Governor Brown directed CDFA to coordinate with other
key agencies to work on several new initiatives. CDFA has since
developed five action measures: protect and restore soil carbon;
identify funding opportunities, including market development;
provide research, education and technical support; increase
governmental efficiencies to enhance soil health on public and
private lands; and ensure interagency coordination and
collaboration.
The governor's 2016-17 budget proposal would appropriate $20
million from the Greenhouse Gas Reduction Fund to CDFA for the
development and administration of the new Healthy Soils Program,
which will be designed to reduce greenhouse gas (GHG) emissions
and increase carbon sequestration through better soil management
practices. In collaboration with California Department of
Resources Recycling and Recovery, California Department of
Conservation, and California Air Resources Board, CDFA will
provide funds as an incentive to farmers to implement
climate-smart management practices as well as for demonstration
projects that have quantifiable GHG reductions. Collaboration
across state agencies will provide the expertise needed to
quantify GHG reduction methodologies and ensure that the program
complements existing land conservation activities.
Soil amendment. Soil amendments are products that only
physically affect the soil and plant growing conditions.
Examples include hay, straw, peat moss, and sand. Although
there is no real nutritive value, these products amend the soil
to create better growing conditions, such as better water
retention or drainage. When sold or distributed in bulk or
non-packaged allotments of 110 pounds or greater, soil
amendments are not included in the definition of a fertilizing
material and are, therefore, exempt from licensing and labeling
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requirements. This bill would recognize biochar as a newly
regulated soil amendment that must comply with licensing and
labeling laws and regulations while maintaining the bulk
exemption for all other soil amendments.
RELATED
LEGISLATION :
AB 1811 (Dodd) of 2016. Would authorize CDFA to develop a new
schedule for organic input material label registrations;
authorize provisional label registrations, as specified;
prioritize inspections for high-risk products and manufacturers;
and authorize CDFA to determine whether a fertilizer material is
mislabeled, as specified. Currently in the Committee on
Agriculture.
SB 1350 (Wolk) of 2016. Among other provisions, would require
CDFA to establish and oversee a Healthy Soils Program that would
provide incentives to farmers whose management practices
contribute to healthful soils and result in net long-term
on-farm GHG benefits; would allocate $20 million from the
Greenhouse Gas Reduction Fund to CDFA to support the Healthy
Soils Program. This bill was held in the Senate Appropriations
Committee under submission.
AB 856 (Caballero), Chapter 257, Statutes of 2009. Establishes
the organic input material manufacturers' licensure program,
increases fees and penalties, and makes other various changes
regarding fertilizer materials, inspections, and labeling.
PRIOR
ACTIONS :
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|Assembly Floor: |80 - 0 |
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|Assembly Appropriations Committee: |20 - 0 |
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|Assembly Agriculture Committee: | 9 - 0 |
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SUPPORT :
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California Department of Food and Agriculture (Sponsor)
California Compost Coalition
California Farm Bureau Federation
Los Angeles County Solid Waste Management Committee/
Integrated Waste Management Task Force
Sonoma Biochar Initiative
Sonoma County Water Agency
Sonoma Ecology Center
OPPOSITION :
None received
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