BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2511|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 2511
Author: Levine (D)
Amended: 3/28/16 in Assembly
Vote: 21
SENATE AGRICULTURE COMMITTEE: 5-0, 6/21/16
AYES: Galgiani, Cannella, Berryhill, Pan, Wolk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 5/31/16 - See last page for vote
SUBJECT: Fertilizing materials: auxiliary soil and plant
substances: biochar
SOURCE: California Department of Food and Agriculture
DIGEST: This bill clarifies 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 defines "biochar" to mean materials derived from
thermochemical conversion of biomass in an oxygen-limited
environment containing at least 60 percent carbon.
ANALYSIS:
Existing law:
1) Requires the California Department of Food and Agriculture
(CDFA) to enforce laws and adopt regulations relating to the
manufacture, labeling, and distribution of fertilizing
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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
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$0.002 per dollar of sales of all fertilizing materials.
11)Authorizes CDFA to inspect, sample, and analyze fertilizing
materials and conduct investigations concerning the use,
sale, adulteration, or misbranding of any substance.
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.
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.
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
inferior, mislabeled, or adulterated products to be sold in the
marketplace, thus jeopardizing the integrity of the biochar
industry. This bill authorizes 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
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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. To date,
this Budget proposal has not been approved by the Legislature.
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
requirements. This bill recognizes 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
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According to the Senate Appropriations Committee, 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 long term.
SUPPORT: (Verified8/12/16)
California Department of Food and Agriculture (source)
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: (Verified8/12/16)
None received
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."
ASSEMBLY FLOOR: 80-0, 5/31/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
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Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
Prepared by:Anne Megaro / AGRI. / (916) 651-1508
8/15/16 20:30:00
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