BILL NUMBER: SB 367 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Wolk
FEBRUARY 24, 2015
An act to amend Sections 561, 566, 566
and 568 of , and to add Sections 562 and 569 to, the
Food and Agricultural Code, to amend Section 39719 of the
Health and Safety Code, and to add Section 75217.5 to the Public
Resources Code, relating to agriculture , and making an
appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 367, as amended, Wolk. Agriculture: environmental
farming program: greenhouse gases. Agricultural lands:
greenhouse gases.
Existing
(1) 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.
specified.
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 , in addition to 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. 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. revise and recast
the provisions regarding the panel, including, among other things,
the panel's membership and duties, as specified. The bill would
require the panel to provide a biennial report describing its work to
the Legislature and the Governor, among others.
The bill would provide that $50,000,000 shall be made available to
the department, upon appropriation, to support on-farm projects to
demonstrate agricultural management practices and activities that
reduce greenhouse gas emissions and increase carbon storage in
agricultural soils and woody biomass, as specified.
(2) The California Global Warming Solutions Act of 2006 designates
the State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board from the auction or
sale of allowances as part of a market-based compliance mechanism to
be deposited in the Greenhouse Gas Reduction Fund. Existing law
continuously appropriates 20% of the annual proceeds of the fund to
the Strategic Growth Council for the Affordable Housing and
Sustainable Communities Program, as provided.
This bill would require the council, no later than the 2015-16
fiscal year, to establish and administer a grant program, as part of
the Sustainable Agricultural Lands Conservation Program established
by the council in conjunction with the Affordable Housing and
Sustainable Communities Program, to provide financial incentives for
the adoption and use of land management practices that reduce
greenhouse gas emissions, sequester carbon in solid and woody
biomass, and provide other cobenefits on working agricultural
operations, as specified.
The bill would require no less than 2% of the annual proceeds of
the fund, from the proceeds appropriated to the council, be expended
for agricultural land protection consistent with the provisions of
that grant program, thereby making an appropriation.
Vote: majority. Appropriation: no yes
. 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.
SECTION 1. Section 562 is added to the
Food and Agricultural Code , to read:
562. The Legislature further finds and declares all of the
following:
(a) California's agricultural output is larger and more diverse
than any state in the United States, providing the majority of the
country's fruits, vegetables, nuts, and dairy products.
(b) Dependent on land and natural resources, California
agriculture is uniquely vulnerable to climate change, which 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.
(c) California agriculture also is uniquely positioned to provide
climate benefits by reducing greenhouse gas emissions. Research
funded by the State Energy Resources and Conservation Development
Commission's Public Interest Energy Research (PIER) program finds
that some agricultural practices will not only reduce greenhouse gas
emissions, but they also may help to store carbon in soils and trees.
Carbon storage is an important strategy to help meet the state's
greenhouse gas emissions targets.
(d) Steps taken by those working in 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 healthier rural communities.
(e) It is, therefore, the intent of the Legislature to enhance the
long-term viability of California agriculture by supporting
activities that reduce climate change impacts that may negatively
impact it and the rest of the state.
(f) It is further the intent of the Legislature that the
department, pursuant to this article, support the state's
agricultural sector in pursuing on-farm practices and activities that
reduce greenhouse gas emissions and increase carbon storage in
agricultural soils and woody biomass.
SEC. 2. Section 566 of the Food and Agricultural Code is amended
to read:
566. (a) (1) 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,
habitat and reduce on-farm greenhouse gas emissions or increase
carbon storage in agricultural soils and woody biomass, or both.
(2) The department may provide support through the program that
may include, but need not be limited to, permit assistance and
coordination and the funding of on-farm demonstration projects in
furtherance of the goals of the program.
(b) The department may assist in the compilation of scientific
evidence data from public and private
sources, including the scientific community, industry, conservation
organizations, and federal, state, and local agencies identifying the
net environmental impacts that of
agriculture creates for on 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: habitat.
(b) (1) The panel shall consist of the following members:
(A) The secretary, or his or her designee.
(B) The Secretary of the Natural Resources Agency, or his or her
designee.
(C) The Secretary for Environmental Protection, or his or her
designee.
(D) One member, appointed by the Secretary for Environmental
Protection, who shall be a member of a nonprofit organization with
expertise in climate change and its impacts on California
agriculture.
(E) One member, appointed by the Secretary of the Natural
Resources Agency, who shall be affiliated with the California
Association of Resource Conservation Districts.
(F) Four members appointed by the secretary, according to the
following:
(i) Three members who are agricultural producers in the state with
at least five years of training and experience in the field of
agriculture. At least one of these members shall be registered as a
producer pursuant to the California Organic Products Act of 2003
(Chapter 10 (commencing with Section 46000) of Division 17).
(ii) One member who is affiliated with the University of
California Cooperative Extension.
(2) The secretary may appoint nonvoting ex officio members to the
panel after consulting with the panel.
(3) The secretary shall serve as the chair of the panel.
(4) Members of the panel shall be highly qualified and
professionally active in their chosen field or engaged in the conduct
of scientific research.
(5) The members of the panel identified in subparagraphs (A) to
(C), inclusive, of paragraph (1) shall serve as voting ex officio
members of the panel. Of the members first appointed to the panel
pursuant to subparagraphs (D) to (F), inclusive, of paragraph (1),
three 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.
(c) The panel, at a minimum and as necessary, shall do all of 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 determines is
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 the state agency 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
of agriculture creates for on
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 Review and advise the
secretary and the State Board of Food and Agriculture on the
creation of proposed programs to
and projects, including, but not limited to,
competitive grants, that provide technical, educational, and
financial assistance to agricultural producers that provide
will result in 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)
(6) Review and recommend to the secretary and relevant state
agencies the appropriate uses of available tools to demonstrate and
quantify greenhouse gas emissions reductions, including, but not
limited, to the Natural Resources Conservation Service's Conservation
Practice Standards and COMET-Farm and other quantification tools
submitted by, among others, state agricultural commodity groups and
academic institutions.
(d) The panel may establish ad hoc committees, which
may include professionals or scientists, to assist it in performing
its functions.
(e) (1) The panel shall submit a biennial report to the
Legislature, the Governor, the agencies represented on the panel, and
the State Board of Food and Agriculture that includes all of the
following:
(A) A description of the work conducted by the panel during the
prior two-year period.
(B) The panel's action plan for the next two years, including
goals and performance measures.
(2) The first report shall be submitted two years after the panel'
s first meeting or January 1, 2019, whichever occurs first.
(3) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(d)
(f) 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.
SEC. 4. Section 569 is added to the
Food and Agricultural Code , to read:
569. (a) The sum of fifty million dollars ($50,000,000) shall be
available, upon appropriation by the Legislature, to the department
to support on-farm projects to demonstrate agricultural management
practices and activities that reduce greenhouse gas emissions and
increase carbon storage in agricultural soils and woody biomass,
including, but not limited to, all of the following:
(1) Soil-building and carbon-sequestration practices, including
the increased use of compost and biochar, cover crops, and low- and
no-till practices.
(2) Irrigation efficiency and water conservation measures,
including soil-moisture monitoring, irrigation scheduling,
high-efficiency water delivery technologies, dry farming, and on-farm
water catchment.
(3) On-farm alternative-energy production and energy efficiency,
including on-farm bioenergy production from agricultural waste and
improved on-farm operational efficiencies.
(4) Wildlife habitat conservation, including hedgerow planting,
native grass planting and restoration, agroforestry, and managed
grazing for enhanced habitat.
(b) The department, in consultation with the Scientific Advisory
Panel on Environmental Farming, established pursuant to Section 568,
shall develop and implement a grant program to carry out the purposes
of this article.
SEC. 5. Section 39719 of the Health and
Safety Code is amended to read:
39719. (a) The Legislature shall appropriate the annual proceeds
of the fund for the purpose of reducing greenhouse gas emissions in
this state in accordance with the requirements of Section 39712.
(b) To carry out a portion of the requirements of subdivision (a),
annual proceeds are continuously appropriated for the following:
(1) Beginning in the 2015-16 fiscal year, and notwithstanding
Section 13340 of the Government Code, 35 percent of annual proceeds
are continuously appropriated, without regard to fiscal years, for
transit, affordable housing, and sustainable communities programs as
following:
(A) Ten percent of the annual proceeds of the fund is hereby
continuously appropriated to the Transportation Agency for the
Transit and Intercity Rail Capital Program created by Part 2
(commencing with Section 75220) of Division 44 of the Public
Resources Code.
(B) Five percent of the annual proceeds of the fund is hereby
continuously appropriated to the Low Carbon Transit Operations
Program created by Part 3 (commencing with Section 75230) of Division
44 of the Public Resources Code. Funds
Moneys shall be allocated by the Controller, according to
requirements of the program, and pursuant to the distribution formula
in subdivision (b) or (c) of Section 99312 of, and Sections 99313
and 99314 of, the Public Utilities Code.
(C) Twenty percent of the annual proceeds of the fund is hereby
continuously appropriated to the Strategic Growth Council for the
Affordable Housing and Sustainable Communities Program created by
Part 1 (commencing with Section 75200) of Division 44 of the Public
Resources Code. Of the amount appropriated in this subparagraph, no
less than 10 percent of the annual proceeds,
proceeds shall be expended for affordable housing, consistent
with the provisions of that program and no less than two percent
of the annual proceeds shall be expended for agricultural land
protection consistent with Section 75217.5 of the Public Resources
Code .
(2) Beginning in the 2015-16 fiscal year, notwithstanding Section
13340 of the Government Code, 25 percent of the annual proceeds of
the fund is hereby continuously appropriated to the High-Speed Rail
Authority for the following components of the initial operating
segment and Phase I Blended System as described in the 2012 business
plan adopted pursuant to Section 185033 of the Public Utilities Code:
(A) Acquisition and construction costs of the project.
(B) Environmental review and design costs of the project.
(C) Other capital costs of the project.
(D) Repayment of any loans made to the authority to fund the
project.
(c) In determining the amount of annual proceeds of the fund for
purposes of the calculation in subdivision (b), the funds
moneys subject to Section 39719.1 shall not be
included.
SEC. 6. Section 75217.5 is added to the
Public Resources Code , to read:
75217.5. (a) The Legislature finds and declares all of the
following:
(1) It is in the interest of the state to provide incentives for
the use of agricultural land management practices that will reduce
greenhouse gas emissions, sequester carbon in soils and woody
biomass, and provide other cobenefits on working agricultural
operations.
(2) The council's Sustainable Agricultural Lands Conservation
Program, established pursuant to this chapter, has three elements,
including financial incentives for the adoption and use of land
management practices that achieve these goals.
(3) The 2014 program guidelines establish grant programs for the
2014-15 fiscal year to promote agricultural lands strategic planning
and agricultural land conservation easements, but the guidelines do
not establish a grant program to provide incentives for agricultural
land management practices.
(b) (1) The council, no later than the 2015-16 fiscal year, shall
establish and administer a grant program, as part of the Sustainable
Agricultural Lands Conservation Program, to provide financial
incentives for the adoption and use of land management practices that
reduce greenhouse gas emissions, sequester carbon in solid and woody
biomass, and provide other cobenefits on working agricultural
operations. The council shall consult with the Department of Food and
Agriculture and the Scientific Advisory Panel on Environmental
Farming, established pursuant to Section 568 of the Food and
Agricultural Code, when developing the grant program and guidelines.
(2) The council, as part of the grant program established pursuant
to this subdivsion, shall give priority to working agricultural
operations that adopt land management practices that achieve the
goals described in paragraph (1).