BILL NUMBER: SB 367	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 561 of the Food and Agricultural Code is
amended to read:
   561.  The Legislature finds and declares the following:
   (a) California agriculture helps to feed the world and fuel our
economy. Agriculture provides one out of every 10 jobs in California,
and our state has led the nation in total farm production every year
since 1948. During 1993, California's 76,000 farms generated nearly
$20 billion in cash receipts and another $70 billion in economic
activity. 
   (1) California provides the most agriculture of any state in the
country, providing the majority of the country's fruits, vegetables,
nuts, and dairy products.  
   (2) Dependent on land and natural resources, California
agriculture is uniquely vulnerable to global warming. Global warming
poses a serious threat to California agriculture with rising
temperatures, increases in extreme weather events, constrained water
resources, reduced winter chilling hours, and rising sea levels.
 
   (3) California agriculture is also uniquely positioned to provide
climate benefits by reducing greenhouse gas emissions. Research
funded by the California Energy Commission's Public Interest Energy
Research (PIER) program suggests that some agricultural practices
will not only reduce greenhouse gas emissions, but they may also help
to store carbon in soils and trees. Carbon storage is an important
strategy to help meet the state's greenhouse gas emissions targets.
 
   (4) Steps taken by California agriculture to reduce greenhouse gas
emissions and sequester atmospheric carbon can provide other
important environmental cobenefits, such as improved air and water
quality, water conservation, enhanced wildlife habitat, and healthy
rural communities.  
   (5) It is therefore the intent of the Legislature 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.  
   (6) It is further the intent of the Legislature that the
department, pursuant to this article, support California agriculture
in pursuing reductions in greenhouse gas emissions and increased
carbon storage in agricultural soils and woody vegetation. 
   (b) Many farmers engage in practices that contribute to the
well-being of ecosystems, air quality, and wildlife and their
habitat. Agriculture plays a pivotal role in preserving open space
that is vital to the environment. Seventy-five percent of the nation'
s wildlife live on farms and ranches. Freshwater streams and
stockponds on farms and ranches provide habitat to millions of fish.
Corn, wheat, rice, and other field crops provide bountiful food and
habitat for deer, antelope, ducks, geese, and other wildlife.
   (c) Environmental laws should be based on the best scientific
evidence gathered from public and private sources.
   (d) Best scientific evidence should include the net environmental
impact provided by agriculture.
   (e) Additional research is necessary to adequately inventory the
impact that agriculture has on the environment. Recognition should be
afforded to agricultural activities that produce a net benefit for
the environment, which is consistent with the growing trend of
providing incentives for the private sector to undertake economic
activities that benefit the environment.
  SEC. 2.  Section 566 of the Food and Agricultural Code is amended
to read:
   566.  (a) The department shall establish and oversee an
environmental farming program. The program shall provide incentives
 , 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  .
   (b) The department may assist in the compilation of scientific
evidence from public and private sources, including the scientific
community, industry, conservation organizations, and federal, state,
and local agencies identifying the net environmental impacts that
agriculture creates for the environment. The department shall serve
as the depository of this information and provide it to federal,
state, and local governments, as needed.
   (c) The department shall conduct the activities specified in this
article with existing resources, to the extent they are available.
  SEC. 3.  Section 568 of the Food and Agricultural Code is amended
to read:
   568.  (a) The secretary shall convene a five-member Scientific
Advisory Panel on Environmental Farming to advise and assist federal,
state, and local government agencies on issues relating to air,
water,  climate change,  and wildlife habitat to do the
following:
   (1) Review data on the impact that agriculture has on the
environment and recommend to appropriate state agencies data that the
panel approves as scientifically valid. A state agency that receives
data recommended by the panel may adopt and incorporate the data
into the appropriate program. If a state agency does not utilize the
data recommended by the panel, it shall provide the panel with a
written statement of reasons for not utilizing the data. The reasons,
at a minimum, shall specify the scientific basis for not utilizing
the data. The reasons shall be provided within 180 days of receiving
the data from the panel.
   (2) Compile the net environmental impacts that agriculture creates
for the environment, identified pursuant to paragraph (1).
   (3) Research, review, and comment on data upon which proposed
environmental policies and regulatory programs are based to ensure
that the environmental impacts of agricultural activities are
accurately portrayed and to identify incentives that may be provided
to encourage agricultural practices with environmental benefits.
   (4) Assist government agencies to incorporate benefits identified
pursuant to paragraph (1) into environmental regulatory programs.

   (5) 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, including, but
not limited to, reduced greenhouse gas emissions, increased carbon
storage in soils and woody biomass, improved air and water quality,
enhanced wildlife habitat, and improved local health outcomes. 
   (b) Members of the panel shall be highly qualified and
professionally active or engaged in the conduct of scientific
research. Of the members first appointed to the panel, two shall
serve for a term of two years and three shall serve for a term of
three years, as determined by lot. Thereafter, members shall be
appointed for a term of three years. The members shall be appointed
as follows:
   (1) Three members shall be appointed by the secretary. At least
one of these members shall have a minimum of five years of training
and experience in the field of agriculture and shall represent
production agriculture.
   (2) One member, who has a minimum of five years of training and
experience in the field of human health or environmental science,
shall be appointed by the Secretary of the Environmental Protection
Agency.
   (3) One member, who has a minimum of five years of training and
experience in the field of resource management, shall be appointed by
the Secretary of the Resources Agency.
   (c) The panel may establish ad hoc committees, which may include
professionals or scientists, to assist it in performing its
functions.
   (d) The panel shall be created and maintained with funds made
available from existing resources within the department to the extent
they are available. 
   (e) It is the intent of the Legislature to enact legislation to
increase the membership of the panel.