BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2511 (Levine) - Fertilizing materials: auxiliary soil and
plant substances: biochar
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|Version: March 28, 2016 |Policy Vote: AGRI. 5 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Robert Ingenito |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2511 would (1) clarify that "biochar" is a soil
amendment that is included in the definition of "auxiliary soil
and plant substance," thereby subjecting it to licensing and
labeling laws, and (2) define "biochar" to mean materials
derived from thermochemical conversion of biomass in an
oxygen-limited environment containing at least 60 percent
carbon.
Fiscal
Impact: The California Department of Food and Agriculture (CDFA)
would incur increased annual costs of unknown magnitude, likely
in the low hundreds of thousands of dollars, for additional
inspections and reviews pursuant to this bill. In the longer
run, revenue generated by product registration fees, license
fees, and mill assessments would mitigate the impact over the
AB 2511 (Levine) Page 1 of
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long term.
Background: 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.
Biochar is a type of charcoal created by heating woody waste
materials or biomass in a process called pyrolysis. When
combined with other materials, biochar has a number of
agricultural benefits, including helping with water retention
and promoting the growth of microbes. Biochar is also thought to
be environmentally beneficial by reducing fertilizer runoff and
leeching; and the process that creates biochar leaves behind
pure carbon rather than having that carbon enter the atmosphere.
Proposed Law:
This bill would (1) clarify that "biochar" is a soil amendment
that is included in the definition of "auxiliary soil and plant
substance," and (2) define "biochar" to mean materials derived
from thermochemical conversion of biomass in an oxygen-limited
environment containing at least 60 percent carbon.
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. This bill is
also up for hearing in this Committee on August 1st, 2016.
SB 1350 (Wolk, 2016). Among other provisions, would require
CDFA to establish and oversee a Healthy Soils Program that
would provide incentives to farmers whose management practices
AB 2511 (Levine) Page 2 of
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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. The bill was held under submission on the
Suspense File of this Committee.
Staff
Comments: Soil amendments are products that only physically
affect the soil and plant growing conditions. Examples include
hay, straw, peat moss, and sand. Although they lack nutritive
value, these products amend the soil to create better growing
conditions, including 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 consequently are
exempted from licensing and labeling 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.
CDFA cannot determine the number of biochar products that will
reach the market; however, the Program will incur expenses to
review and register the products. Additional expenses include
field monitoring and sampling in the marketplace. CDFA indicates
that laboratory costs for testing for contaminants are roughly
$655 per sample. Additional expenses would be incurred staff to
develop biochar standards and regulations to ensure the product
is safe, effective, and meets the quality guarantees of the
manufacturer. Revenue generated by product registration fees,
license fees, and mill assessments should minimize the impact
over the long term.
CDFA's fees for label review are $50 every two years for
products intended for the conventional market and $500 every two
years for products intended for the organic farming market.
Firms marketing as Organic are already required to register
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products (including biochar as a bulk soil amendment), and
should not face additional costs.
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