BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 1401

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          GOVERNOR'S VETO
          AB 1401 (Ma)
          As Amended  September 4, 2009
          2/3 vote
           
           
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          |ASSEMBLY:  |60-16|(May 28, 2009)  |SENATE: |23-12|(September 9,  |
          |           |     |                |        |     |2009)          |
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          |ASSEMBLY:  |62-14|(September 10, 2009)                           |
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          Original Committee Reference:    AGRI.  

           SUMMARY  :  Creates the Transition to Organics Fund (Fund) and the  
          Transition to Organic Act (Act), to assist farmers who are  
          transitioning from conventional farming practices to certified  
          organic practices and provides specified definitions and other  
          related authority to operate the program.

           The Senate amendments  delete the prohibition against  
          transferring Fund balances to any other account; require the  
          Fund to be appropriated by the Legislature; and, make the  
          payment of administrative expenses based upon the determination,  
          by the Director of Finance, that sufficient funds are available.  
           Change the maximum total payments made to a person per year to  
          $1,000.

           EXISTING FEDERAL LAW  provides an Organic Certification  
          Cost-Share program for up to 75% of the certification cost, or a  
          maximum of $750.  

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.

           FISCAL EFFECT  :  According to the Senate Appropriations  










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          Committee, it is estimated that the $25,000 would be needed to  
          cover 100 applications and there is potential minor costs that  
          would not be reimbursed.

           COMMENTS  :  Transitioning from conventional to organic farming  
          creates many challenges; it takes at least three years to become  
          certified organic.  During the transition, the farmer must  
          comply with organic growing requirements but cannot sell  
          products as organic.  Transitioning or organic farmers cannot  
          use synthetic fertilizers and only approved pesticides.  The  
          sponsors state that these challenges discourage many farmers  
          from converting to organic practices.

          Currently, the California Department of Food and Agriculture has  
          an agreement with the National Organic Program to administer the  
          federal Cost-Share Program, which can provide to organic  
          farmers, processors and handlers who are eligible, up to 75% or  
          a maximum of $750 of their costs to be certified as organic.   
          This is funded by a limited pool of federal funds which is  
          estimated to be expended over the next two years.  AB 1401  
          proposes to create a similar program to the federal cost-share  
          program to encourage farmers interested in transitioning to  
          organic practices and provide an economic incentive to become  
          certified organic, but AB 1401 proposed the incentive for only  
          the first year after the certification and to a maximum of $250.  
             
           


          GOVERNOR'S VETO MESSAGE  :

          "While I support the author's goal to assist individuals  
          converting to organic farming, I cannot support establishing an  
          assistance program and expanding the workload of the California  
          Department of Food and Agriculture when there is no guarantee of  
          a funding mechanism."


           Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084 












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