Amended in Senate April 13, 2016

Senate Bill No. 1247

Introduced by Senator Jackson

February 18, 2016

An act to begin delete amend Sections 564 and 566 of, and to add Section 563 to, end delete begin insert add Part 3 (commencing with Section 1000) to Division 1 of end insert the Food and Agricultural Code, relating to food and agriculture.

LEGISLATIVE COUNSEL’S DIGEST

SB 1247, as amended, Jackson. begin delete Environmental farming: agricultural end delete begin insert Agricultural end insert innovation begin delete zones. end delete begin insert zones: voluntary incentive program. end insert

Existing law requires the Department of Food and Agriculture to establish and oversee an environmental farming program that provides incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat.

This bill begin delete would also include practices that promote public health, water quality, and soil health and would require the department, as part of that program, to establish agricultural innovation zones, as defined, and to give priority to agricultural innovation zones for incentives to farmers, with special priority for agricultural innovation zones in disadvantaged communities. The bill would state the Legislature’s intent relating to environmental farming practices and the establishment of agricultural innovation zones, as specified. end delete begin insert would, by January 1, 2018, require the Department of Pesticide Regulation, in consultation with the Department of Food and Agriculture, to establish a voluntary incentive program for farmers who use environmental farming practices, as defined, within an agricultural innovation zone, as defined. The bill would require priority be given to projects in agricultural innovation zones located in disadvantaged communities, as defined. The bill would require the Department of Pesticide Regulation, by January 1, 2021, and by January 1 every 3 years thereafter, to issue a report to the Legislature that details the impacts of the voluntary agricultural innovation zones incentive program and includes successes and challenges regarding the process for distributing incentives and the projects that use the incentives. The bill would require the departments to conduct these activities with existing resources, to the extent they are available. end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Part 3 (commencing with Section 1000) is added
to Division 1 of the end insert begin insert Food and Agricultural Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 3. end insert   Agricultural Innovation Zones Incentive
Program

 

begin insert 1000. end insert   

The Legislature finds and declares both of the following:

(a) It is the intent of the Legislature to support farmers in
adopting environmental farming practices near schools and senior
health care centers that are more resilient to the unavoidable
consequences of climate change and that offer other societal and
ecosystem benefits.

(b) It is further the intent of the Legislature that the department
establish a voluntary agricultural innovation zones incentive
program to provide incentives to farmers to adopt an agricultural
innovation zone and employ environmental farming practices
within that zone to protect the health and cognition of future
California generations. The establishment of agricultural
innovation zones in disadvantaged communities should be the
highest priority.

begin insert 1001. end insert   

Unless the context otherwise requires, the following
definitions govern the construction of this part:

(a) “Agricultural innovation zone” means an area within ___
miles of the boundary of a school or senior health care center
where farmers follow environmental farming practices.

(b) “Department” means the Department of Pesticide
Regulation.

(c) “School” means any public or private facility used as a child
day care facility, as defined in Section 1596.750 of the Health and
Safety Code, or for kindergarten, elementary, or secondary school
purposes. The term includes the buildings or structures,
playgrounds, athletic fields, or any other area of property visited
or used by pupils. “School” does not include any postsecondary
educational facility.

(d) “Senior health care center” means any facility that is a
licensed skilled nursing facility or licensed intermediate care
facility, as defined in Section 1250 of the Health and Safety Code,
or any facility that offers assisted living services, as defined in
paragraph (5) of subdivision (a) of Section 1771 of the Health and
Safety Code.

(e) “Disadvantaged community” has the same meaning as
defined in Section 39711 of the Health and Safety Code.

(f) “Environmental farming practices” means practices that
promote the well-being of ecosystems, air quality, public health,
water quality, soil health, biodiversity, and wildlife and their
habitat. Environmental farming practices include, but are not
limited to, the following:

(1) The following federal Natural Resources Conservation
Service conservation practices:

(A) Integrated pest management, practice code 595.

(B) Cover crops, practice code 340.

(C) Crop rotation, practice code 328.

(D) Reduced tillage, practice code 345.

(2) Federal Natural Resources Conservation Service
conservation enhancements regarding plantings, soil quality, and
water quality.

(3) Practices that improve soil health, decrease greenhouse gas
emissions, or sequester carbon.

(4) Practices that avoid applications of pesticides other than
those authorized as part of organic certification pursuant to the
federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501
et seq.).

begin insert 1002. end insert   

(a) By January 1, 2018, the department, in consultation
with the Department of Food and Agriculture, shall establish a
voluntary incentive program for farmers who use environmental
farming practices within an agricultural innovation zone and shall
give priority to projects in agricultural innovation zones located
in disadvantaged communities.

(b) The types of incentives available may include, but are not
limited to, loans, grants, technical assistance, education, and
demonstration projects.

(c) The department, in consultation with the Department of
Food and Agriculture, shall establish specific criteria for
determining which farming practices qualify as environmental
farming practices. To be eligible for the program, applicants shall
introduce at least one new environmental farming practice that
qualifies pursuant to this subdivision.

(d) The department shall establish procedures for applicants
to access the program and include a ranking system to determine
which projects may have the greatest impact toward improving
soil health or sequestering carbon.

(e) At least 50 percent of any funding available for the program
shall be given to projects that avoid applications of pesticides
other than those authorized as part of organic certification
pursuant to the federal Organic Foods Production Act of 1990 (7
U.S.C. Sec. 6501 et seq.).

(f) The department may determine whether an applicant may
access incentives on the portion of their property that extends
beyond the agricultural innovation zone on a case-by-case basis.

begin insert 1003. end insert   

(a) By January 1, 2021, and by January 1 every three
years thereafter, the department shall issue a report to the
Legislature that details the impact of the voluntary agricultural
innovation zones incentive program and includes successes and
challenges regarding the process for distributing incentives and
the projects that use the incentives. The report shall include, but
not be limited to, data on all of the following:

(1) The total number of acres of farmland that have adopted
environmental farming practices under the program.

(2) The total number of acres of farmland that have adopted
each specific environmental farming practice under the program.

(3) The counties where projects under the program are located
and how many projects are within those counties.

(4) The reduction of pesticide use achieved under the program.

(b) This report shall be submitted in compliance with Section
9795 of the Government Code.

begin insert 1004. end insert   

The department and the Department of Food and
Agriculture shall conduct the activities specified in this part with
existing resources, to the extent they are available.

end insert

begin delete

SECTION 1.  

Section 563 is added to the Food and Agricultural
Code, to read:

563.  

The Legislature finds and declares both of the following:

(a) It is the intent of the Legislature to support farmers in
adopting environmental farming practices near schools and day
care centers that are more resilient to the unavoidable consequences
of climate change and that offer other societal and ecosystem
benefits.

(b) It is further the intent of the Legislature that the department
establish agricultural innovation zones and prioritize incentives to
farmers who maintain or intend to adopt an agricultural innovation
zone to ensure the health and learning of future California
generations and that the establishment of agricultural innovation
zones in disadvantaged communities should be the highest priority.

SEC. 2.  

Section 564 of the Food and Agricultural Code is
amended to read:

564.  

Unless the context otherwise requires, the following
definitions govern the construction of this article:

(a) “Agricultural activities” means those activities that generate
products as specified in Section 54004.

(b) “Agricultural innovation zone” means an area within one
mile of a school or day care center where farmers follow
environmental farming practices, including organic farming
practices, that promote the well-being of ecosystems, air quality,
public health, water quality, soil health, and wildlife and their
habitat and that do not rely on synthetic inputs.

(c) “Department” means the Department of Food and
Agriculture.

(d) “Panel” means the Scientific Advisory Panel on
Environmental Farming.

(e) “Secretary” means the Secretary of Food and Agriculture.

SEC. 3.  

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 to farmers whose practices promote the well-being of
ecosystems, air quality, public health, water quality, soil health,
and wildlife and their habitat.

(b) As part of the program, the department shall establish
agricultural innovation zones and shall give priority to agricultural
innovation zones for incentives to farmers, with special priority
for agricultural innovation zones in disadvantaged communities.

(c) 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.

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

end delete