Legislature Concludes Work & Adjourns for the Year

Despite Bipartisan Objections – SB 1 Approved by Assembly & Senate

California State Capitol

With legislative activity running until about 3 a.m. in the State Capitol this morning, SB 1 (Atkins) passed both the Assembly and Senate on the last day of legislative work for the year.

SB 1 sets minimum federal environmental and labor standards in existence as of January 19, 2017 as baselines 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.

In short, the bill mandates adherence to policies in place prior to President Donald Trump taking office.

Ag Council worked with a coalition of agricultural, business and water stakeholders to advocate for amendments to SB 1, and we would have moved to a “neutral” position had the policy issues been addressed.  U.S. Senator Dianne Feinstein (D-California) and four Democrat members of the House of Representatives weighed-in last week to support the amendments.

Though amendments were taken to address some of agriculture’s serious concerns with the bill, unfortunately, not all amendments were adopted prior to passage.  For example, a provision applying the California Endangered Species Act to the management of the federal Central Valley Project remains in the bill, which will lead to years of litigation.

With the strong desire by many Democrat legislators to push back on President Trump’s federal policies, SB 1 passed the Assembly by a vote of 48 – 22, with 9 not voting.  The measure passed the Senate by a vote of 26 – 14.

In recent days, concern over the Trump Administration weakening standards relating to the Endangered Species Act helped boost momentum for the bill.

The bill moves to Governor Newsom’s desk for his consideration.  Ag Council and others are pursuing a veto.

Packaging Legislation Stalls in Legislature

Sweeping legislation regarding single-use packaging stalled in the State Legislature during the waning hours before adjournment early this morning.  A push to move the legislation – SB 54 (Allen) – did not manifest enough support despite the fact the bill only needed a simple majority vote.

Assembly Majority Leader Ian Calderon (D-Whittier) said in a tweet, “We weren’t able to get the votes necessary this late hour for SB 54.  But rest assured, we will be back in January working to get this bill to the governor’s desk.

Many legislators remained skeptical of the extremely broad scope of the measure, as well as granting authority all at once to a state agency to both craft an implementation plan regarding single-use packaging and develop regulations without having to come back to the Legislature.

Ag Council supports the goals of the measure to reduce single-use packaging waste though source reduction (less packaging), recycling or composting by January 1, 2030.  However, concerns remained regarding the lack of a shared responsibility in the legislation with local jurisdictions and waste haulers who are critical to the success of any waste management program.

Certainly, waste reduction is an important goal that Ag Council members agree with and are actively engaged in within the marketplace. Given this collective interest to reduce waste in California, we look forward to collaborating through the fall with legislators and the Administration to work toward passage of a bill next year.

Gov. Newsom to Veto SB 1

Hours after SB 1 (Atkins) passed the State Legislature, Governor Gavin Newsom today announced he will veto the measure.

Ag Council thanks the governor for his position on SB 1 recognizing that the measure would interfere with California’s ability to utilize the best available science in our environmental protection efforts.

Newsom said, “I fully support the principles behind Senate Bill 1: to defeat efforts by the president and Congress to undermine vital federal protections that protect clean air, clean water and endangered species.  Senate Bill 1 does not, however, provide the state with any new authority to push back against the Trump Administration’s environmental policies and it limits the state’s ability to rely upon the best available science to protect our environment.”

SB 1 would have required adherence to policies in place prior to President Donald Trump taking office by mandating minimum federal environmental and labor standards in existence as of January 19, 2017 as baselines in California, regardless of actions taken at the federal level to change or repeal those standards.