Legislative Activity – Spotlight on SB 1 & Implications for Ag
California State Capitol
With three weeks until the California State Legislature adjourns for the year, many bills remain pending consideration. One of those measures is SB 1, which establishes certain federal environmental and labor policies as baseline standards with the intent to prevent the state from implementing any federal changes to those standards.
Read on for more details about the bill and efforts supported by Ag Council and others to amend the bill.
What is SB 1?
SB 1 would establish certain federal environmental and labor standards in existence as of January 19, 2017 as baseline standards in California – regardless of actions taken at the federal level to change or repeal those standards – with the intent to retain the protections afforded under those federal laws and regulations. The bill is authored by Senate Leader Toni Atkins (D-San Diego).
SB 1 locks-in the last date of former President Barack Obama’s administration as the baseline for certain federal laws and regulations. As a result, the bill mandates adherence to policies in place prior to President Donald Trump taking office.
Proponents of SB 1 believe the measure is needed in California to guarantee continuous protections for environmental and labor policies in the event those policies are amended or repealed at the federal level.
Policy Concerns
Ag Council’s major concern is with regard to the Endangered Species Act (ESA) section of SB 1. This section of the bill is not modeled after the other parts of SB 1. Specifically, the ESA language goes down to the level of freezing permits and outdated Biological Opinions, not just regulatory standards.
By locking-in these permits and Biological Opinions that rely upon outdated science, SB 1 undercuts existing collaborative efforts to develop and implement Voluntary Agreements for the Bay-Delta. The Voluntary Agreements are critical as they utilize science-based decision making through adaptive management practices to best protect fish and wildlife, as well as ensure reliable water supplies for people and farms.
The Voluntary Agreements – both the process and content – are crucial to move away from the past, shift the paradigm, and move toward successful methods of recovering species in California.
Governor Gavin Newsom and his state agencies are highly engaged in the Voluntary Agreements. Demonstrating the governor’s commitment to the effort, $70 million is in the 2019-2020 state budget to implement activities identified in the Voluntary Agreements to protect, restore and enhance the ecosystems of the Bay-Delta and its tributaries.
Another concern with the measure is that, as written, SB 1 applies the California Endangered Species Act to the Central Valley Project (CVP). The CVP is a 400-mile network of water facilities providing flood protection, water quality benefits, environmental restoration and protection, as well as water for agricultural, municipal and industrial users in the Central Valley. This provision is not connected to a regulatory change and should not be in the bill, as it will lead to litigation.
Advocacy Activity
Ag Council is working with a coalition of agricultural, business and water stakeholders to actively oppose these provisions in the bill and urge amendments to address our concerns. Meetings with legislators and the governor’s office continue. We are also aware that discussions between the governor’s staff, state agency officials, and the author of the bill are underway to amend the bill.
SB 1 passed the Senate. It is currently pending consideration in the Assembly Appropriations Committee, and August 30 is the last day for the fiscal committee to meet and consider bills.
The measure only requires a majority vote to pass. Given this, Ag Council and others continue to pursue amendments in the best interest of our members and the agricultural community.
Please contact Ag Council with any questions at ph. (916) 443-4887.