Senate BillNo. 367


Introduced by Senator Wolk

February 24, 2015


An act to amend Sections 561, 566, and 568 of the Food and Agricultural Code, relating to agriculture.

LEGISLATIVE COUNSEL’S DIGEST

SB 367, as introduced, Wolk. Agriculture: environmental farming program: greenhouse gases.

Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene a 5-member Scientific Advisory Panel on Environmental Farming for the purpose of providing advice and assistance to federal, state, and local government agencies on issues relating to air, water, and wildlife habitat, as provided.

This bill would state the intent of the Legislature (1) to enhance the long-term viability of California agriculture by supporting activities that reduce global warming impacts that may negatively impact it and the rest of the state and (2) that the department support California agriculture in pursuing reductions in greenhouse gas emissions and increased carbon storage in agricultural soils and woody vegetation. The bill would require the environmental farming program, in addition to incentives, to provide low-interest loans, technical assistance, educational materials and outreach, or a combination of these things to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat, and reduce on-farm greenhouse gas emissions or increase carbon storage in agricultural soils and woody biomass, or both. The bill would state the intent of the Legislature to increase the membership of the Scientific Advisory Panel on Environmental Farming and would require it additionally to advise and assist on climate change. The bill would require the panel to advise the secretary and the State Board of Food and Agriculture on the creation of programs to provide technical, educational, and financial assistance to agricultural producers that provide multiple environmental and health benefits.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 561 of the Food and Agricultural Code
2 is amended to read:

3

561.  

The Legislature finds and declares the following:

4(a) California agriculture helps to feed the world and fuel our
5economy. Agriculture provides one out of every 10 jobs in
6California, and our state has led the nation in total farm production
7every year since 1948. During 1993, California’s 76,000 farms
8generated nearly $20 billion in cash receipts and another $70 billion
9in economic activity.

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10(1) California provides the most agriculture of any state in the
11country, providing the majority of the country’s fruits, vegetables,
12nuts, and dairy products.

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13(2) Dependent on land and natural resources, California
14agriculture is uniquely vulnerable to global warming. Global
15warming poses a serious threat to California agriculture with
16rising temperatures, increases in extreme weather events,
17constrained water resources, reduced winter chilling hours, and
18rising sea levels.

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19(3) California agriculture is also uniquely positioned to provide
20climate benefits by reducing greenhouse gas emissions. Research
21funded by the California Energy Commission’s Public Interest
22Energy Research (PIER) program suggests that some agricultural
23practices will not only reduce greenhouse gas emissions, but they
24may also help to store carbon in soils and trees. Carbon storage
25is an important strategy to help meet the state’s greenhouse gas
26emissions targets.

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P3    1(4) Steps taken by California agriculture to reduce greenhouse
2gas emissions and sequester atmospheric carbon can provide other
3important environmental cobenefits, such as improved air and
4water quality, water conservation, enhanced wildlife habitat, and
5healthy rural communities.

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6(5) It is therefore the intent of the Legislature to enhance the
7long-term viability of California agriculture by supporting
8activities that reduce global warming impacts that may negatively
9impact it and the rest of the state.

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10(6) It is further the intent of the Legislature that the department,
11pursuant to this article, support California agriculture in pursuing
12reductions in greenhouse gas emissions and increased carbon
13storage in agricultural soils and woody vegetation.

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14(b) Many farmers engage in practices that contribute to the
15well-being of ecosystems, air quality, and wildlife and their habitat.
16Agriculture plays a pivotal role in preserving open space that is
17vital to the environment. Seventy-five percent of the nation’s
18wildlife live on farms and ranches. Freshwater streams and
19stockponds on farms and ranches provide habitat to millions of
20fish. Corn, wheat, rice, and other field crops provide bountiful
21food and habitat for deer, antelope, ducks, geese, and other wildlife.

22(c) Environmental laws should be based on the best scientific
23evidence gathered from public and private sources.

24(d) Best scientific evidence should include the net environmental
25impact provided by agriculture.

26(e) Additional research is necessary to adequately inventory the
27impact that agriculture has on the environment. Recognition should
28be afforded to agricultural activities that produce a net benefit for
29the environment, which is consistent with the growing trend of
30providing incentives for the private sector to undertake economic
31activities that benefit the environment.

32

SEC. 2.  

Section 566 of the Food and Agricultural Code is
33amended to read:

34

566.  

(a) The department shall establish and oversee an
35environmental farming program. The program shall provide
36incentivesbegin insert, low-interest loans, technical assistance, educational
37materials and outreach, or a combination of these thingsend insert
to farmers
38whose practices promote the well-being of ecosystems, air quality,
39and wildlife and their habitatbegin insert, and reduce on-farm greenhouse gas
P4    1emissions or increase carbon storage in agricultural soils and
2woody biomass, or bothend insert
.

3(b) The department may assist in the compilation of scientific
4evidence from public and private sources, including the scientific
5community, industry, conservation organizations, and federal,
6state, and local agencies identifying the net environmental impacts
7that agriculture creates for the environment. The department shall
8serve as the depository of this information and provide it to federal,
9state, and local governments, as needed.

10(c) The department shall conduct the activities specified in this
11article with existing resources, to the extent they are available.

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SEC. 3.  

Section 568 of the Food and Agricultural Code is
13amended to read:

14

568.  

(a) The secretary shall convene a five-member Scientific
15Advisory Panel on Environmental Farming to advise and assist
16federal, state, and local government agencies on issues relating to
17air, water,begin insert climate change,end insert and wildlife habitat to do the following:

18(1) Review data on the impact that agriculture has on the
19environment and recommend to appropriate state agencies data
20that the panel approves as scientifically valid. A state agency that
21receives data recommended by the panel may adopt and incorporate
22the data into the appropriate program. If a state agency does not
23utilize the data recommended by the panel, it shall provide the
24panel with a written statement of reasons for not utilizing the data.
25The reasons, at a minimum, shall specify the scientific basis for
26not utilizing the data. The reasons shall be provided within 180
27days of receiving the data from the panel.

28(2) Compile the net environmental impacts that agriculture
29creates for the environment, identified pursuant to paragraph (1).

30(3) Research, review, and comment on data upon which
31proposed environmental policies and regulatory programs are based
32to ensure that the environmental impacts of agricultural activities
33are accurately portrayed and to identify incentives that may be
34provided to encourage agricultural practices with environmental
35benefits.

36(4) Assist government agencies to incorporate benefits identified
37pursuant to paragraph (1) into environmental regulatory programs.

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38(5) Advise the secretary and the State Board of Food and
39Agriculture on the creation of programs to provide technical,
40educational, and financial assistance to agricultural producers
P5    1that provide multiple environmental and health benefits, including,
2but not limited to, reduced greenhouse gas emissions, increased
3carbon storage in soils and woody biomass, improved air and
4water quality, enhanced wildlife habitat, and improved local health
5outcomes.

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6(b) Members of the panel shall be highly qualified and
7professionally active or engaged in the conduct of scientific
8research. Of the members first appointed to the panel, two shall
9serve for a term of two years and three shall serve for a term of
10three years, as determined by lot. Thereafter, members shall be
11appointed for a term of three years. The members shall be
12appointed as follows:

13(1) Three members shall be appointed by the secretary. At least
14one of these members shall have a minimum of five years of
15training and experience in the field of agriculture and shall
16represent production agriculture.

17(2) One member, who has a minimum of five years of training
18and experience in the field of human health or environmental
19science, shall be appointed by the Secretary of the Environmental
20Protection Agency.

21(3) One member, who has a minimum of five years of training
22and experience in the field of resource management, shall be
23appointed by the Secretary of the Resources Agency.

24(c) The panel may establish ad hoc committees, which may
25include professionals or scientists, to assist it in performing its
26functions.

27(d) The panel shall be created and maintained with funds made
28available from existing resources within the department to the
29extent they are available.

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30(e) It is the intent of the Legislature to enact legislation to
31increase the membership of the panel.

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