BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1625
                                                                  Page  1

          Date of Hearing:   April 25, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1625 (Allen) - As Amended:  April 9, 2012 

          Policy Committee:                              AgricultureVote:9 
          - 0 

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill creates the Transition to Organics Program and Fund to 
          assist farmers who are transitioning from conventional farming 
          practices to certified organics practices. Specifically, this 
          bill: 

          1)Creates the Transition to Organics Fund, defines it as a 
            non-state fund, and permits deposits into the state treasury 
            or in a state depository bank approved by the State Treasurer.

          2)Prohibits the expenditure of money in this fund for any 
            purposes other than those provided by this legislation. 

          3)Requires the fund to consist of money from industry and 
            citizen sources and prohibits deposits from the General Fund. 

          4)Requires the fund to be administered by the Secretary of the 
            California Department of Food and Agriculture (CDFA) and 
            permits the adoption of regulation to carry out this program.

          5)Provides financial assistance to transitioning farmers for a 
            reimbursement of up to 25% of the costs associated with 
            obtaining organic certification, not to exceed $250. 

          6)Requires CDFA to keep records of contributions and 
            disbursements of the fund, and make them publicly available. 

           FISCAL EFFECT  

          The Transition to Organics Fund would optimally contain 
          approximately $100,000 per year that would be used to provide at 








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          least 300 transitioning farmers with a $250 stipend and allow 
          enough money for administering the fund. Costs for CDFA 
          administering the fund are estimated to be $41,000 in the first 
          year and $16,500 on-going.

           COMMENTS  

           1)Rationale  . According to the author, transition from 
            conventional to organic farming creates many challenges. It 
            often takes several years to become certified as an organic 
            farmer. Organic or transitioning farmers cannot use synthetic 
            fertilizers and can only use approved pesticides, and such 
            products are often more expensive and less familiar to the 
            farmer.  During this time the farmer must comply with organic 
            growing requirements but cannot sell products as organic.  The 
            author contends that these financial challenges discourage 
            many farmers from converting to organic practices. The intent 
            of this legislation is to provide financial assistance to 
            farmers who are transitioning to organic farming practices.

           2)Policy Question  . Conceivably, this bill may encourage 
            conventional farmers to shift to organic production methods 
            and therefore benefit the organic industry as a whole.  
            However, considering that it typically takes three years for 
            farmers to transition to organic farming and typically 
            thousands of dollars, it is doubtful that a maximum 
            reimbursement of $250 will, by itself, encourage a significant 
            amount of farmers to transition to organic farming. 
                
            3)The California Organic Products Act of 2003  was enacted to 
            protect the public from false and misleading organic labeling 
            claims.  The Act provided for enforcement, procedures, a 14- 
            member advisory board, prohibited materials, inspections, 
            penalties, certification process and organizations, fees, and 
            regulations. 

            The act requires that any farmer or grower producing organic 
            products register with the agricultural commissioner in the 
            county of principal operation prior to the first sale of the 
            product. In addition, the grower is required to pay a fee 
            based on gross sales by the registrant of the total product 
            sold as organic in the calendar year that precedes the date of 
            registration or, if no sales were made in the preceding year, 
            then based on the expected sales during the 12-calendar months 
            following the date of registration. The minimum annual fee is 








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            $25 for gross sales under $5,000 and the maximum annual fee is 
            $3,000 for gross sales over $25 million. 

           4)Related Legislation  . In 2009, AB 1401 (Ma), a substantially 
            similar bill, was vetoed.  In his veto message the governor 
            noted, "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 :    Julie Salley-Gray / APPR. / (916) 
          319-2081