BILL ANALYSIS                                                                                                                                                                                                    �



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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2174 (Alejo)
          As Amended  June 14, 2012
          Majority vote
           
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          |ASSEMBLY:  |77-0 |(May 29, 2012)  |SENATE: |36-0 |(July 6, 2012) |
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           Original Committee Reference:    AGRI.  
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           SUMMARY  :  Prioritizes the funding for the Fertilizer Research 
          and Education Program (FREP), and identifies specific entities 
          to develop specialized technical education and research 
          programs, resulting in more agronomically sound uses of 
          fertilizer materials, including, but not limited to, reducing 
          nitrates in groundwater, minimizing environmental impacts, and 
          limiting emissions of greenhouse gases as stated.  
           
          The Senate amendments  add to the technical education and 
          research programs, the emission of greenhouse gases resulting 
          from fertilizer use, and make technical conforming changes.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar 
          to the version passed by the Senate.
           
          EXISTING LAW  establishes an assessment level not to exceed two 
          mils ($0.002) per dollar of sales of fertilizer materials to 
          fund the FREP and permits an assessment not to exceed one mil 
          ($0.001) per dollar of sales of fertilizer materials, to provide 
          funding for research and education regarding the use and 
          handling of fertilizing material, including, but not limited to, 
          any environmental effects. 

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

          Alternatively, the Secretary of the California Department of 
          Food and Agriculture (CDFA) may determine that rather than 
          shifting existing funding to this new activity, this bill may 
          require an increase in the assessment on fertilizer licensees.  
          Currently, the FREP mil assessment is at 0.5 mil ($0.0005) per 
          dollar of sales, resulting in $1 million in funding for FREP.  








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          Current law gives CDFA the authority to increase the assessment 
          up to one mil ($0.001) per dollar of sales. 

           COMMENTS  :  The author states that the Salinas Valley and Tulare 
          Lake Basin lead the state in nitrate contamination in ground 
          water.  On March 13, 2012, the University of California (UC) at 
          Davis' Center for Watershed Sciences released a report to the 
          Legislature detailing nitrate contamination in groundwater in 
          the state's two leading agricultural regions.  It finds that 
          contamination is currently threatening a quarter million 
          people's drinking water safety, with millions more Californians 
          to be affected in the future.  The report found that 
          agricultural activities are responsible for 96% of the 
          pollution, with chemical fertilizer making up 54% of the 
          sources.  

          This bill would use existing FREP funds for implementation 
          projects to assist farmers and ranchers with best management 
          practices for fertilizer use.  Giving technical assistance to 
          agricultural producers would lead to more efficient application 
          of fertilizers, resulting in cost savings to farmers who would 
          use less fertilizer, resulting in less contamination of the 
          state's watersheds.

          Supporters of this bill cite that declining state funding for 
          technical assistance has undermined the exchange of needed 
          information between our best science advisors and farmers.  Now, 
          more than ever, is the need to reinvest in technical assistance 
          for our growers, as the natural resource and stewardship issues 
          facing farmers have grown more complex.

          FREP was established in 1990 when California Food and 
          Agricultural Code Section 14611(b) authorized a mil assessment 
          on the sale of fertilizing materials, "to provide funding for 
          research and education regarding the use and handling of 
          commercial and organic fertilizers, including, but not limited 
          to, any environmental effects."  The mil assessment currently 
          generates close to $1 million per year going into the FREP fund. 


          Since 1990, FREP's focus has expanded to include research on 
          many of California's important and environmentally sensitive 
          cropping systems, including almonds, tomatoes, cotton, citrus, 
          wine grapes, horticulture, lettuce, and other cool-season 
          vegetables.  To date, 40% of FREP's projects have been related 








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          to developing, testing, and demonstrating various nutrient 
          issues and/or soil testing procedures.

          According to CDFA's FREP FACTS SHEET posted to their Web site, 
          "Over 20 years of FREP research projects have focused on 
          agronomic efficiency in the management of nutrients, precision 
          irrigation and fertigation practices �fertilization trough 
          irrigation], and soil and fertilizer interaction.  Over this 
          period of time, FREP has funded $12 million for 160 technical, 
          research, and education projects.  A number of FREP projects 
          have resulted in practical applications and guides for growers 
          and crop consultants, including a nitrogen fertilization model 
          for almond growers, a nitrogen and water management production 
          guide for coastal vegetables and best management practices for 
          nitrogen fertilizer and water use in irrigated agriculture."

          It should be noted that FREP is funded by products and materials 
          that make a label claim, such as percentage values of nitrogen 
          (N), phosphorus (P), potassium (K), or other nutrients.  Manures 
          and compost typically do not make nutrient value claims so they 
          do not pay the fertilizer mils or the FREP mil.  

          According to the UC Davis report cited by the author, the 
          impacts to nitrogen contaminated groundwaters vary widely, due 
          to the fact that travel times of nitrate from source to wells 
          range from a few years to decades in domestic wells, and from 
          years to many decades and even centuries in deeper production 
          wells.  This means that nitrate source reduction actions made 
          today may not affect sources of drinking water for years to many 
          decades to come.  The scientific advances over this period of 
          time have improved the use of fertilizers and manures.  This 
          said, it is most important that new knowledge of improved 
          methods of fertilizer use is delivered to farmers in a timely 
          manner, which may help reduce the legacy of contamination in the 
          future.


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


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