Spring Fever = Legislative Fever in the State Capitol
California State Capitol
While former U.S. President and Chief Justice William H. Taft is quoted as saying, “The world is not going to be saved by legislation,” this philosophy does not hold true for most members of the very active California State Legislature where legislators recently faced an April 27th deadline to pass bills with a fiscal impact through the respective policy committees. Measures that made the cut are now in the Senate and Assembly Appropriations Committees.
On energy policy, Ag Council strongly supports AB 2208 (Aguiar-Curry) as the measure creates increased opportunities for farmers to more readily harness agricultural waste and turn it into biomass energy. Under AB 2208, varied types of renewables like biomass would be integrated into California’s Renewable Portfolio Standard (RPS) to balance out other renewables, such as wind and solar. The bill is pending in the Assembly Appropriations Committee.
Ag Council supports legislation to authorize funding for the Career Technical Education Incentive Grant Program to help fund agricultural education. AB 1743 (O’Donnell) would benefit agricultural programs such as Future Farmers of America. The bill is pending in the Assembly Appropriations Committee.
In other good news, a measure that would have led to a ban on produced water stalled and was not considered in committee due to opposition. Ag Council worked with a coalition to ardently oppose AB 2828 (Friedman) given that extensive analysis by toxicologists shows produced water is within safe drinking water standards and is safe for agricultural use. AB 1745 (Ting) is another measure that stalled in committee in April as a result of opposition. It would have mandated all new vehicles sold in California to be zero emissions vehicles by January 1, 2040.
Labor-related bills remaining on the docket and pending in the fiscal committees include SB 1300 (Jackson), which would eliminate the legal standing requirement for harassment by providing that a plaintiff does not need to prove he or she was subject to harassment or discrimination in order file a claim against an employer. Additional labor bills include: AB 2069 (Bonta) to provide employment protections for medical cannabis users while threatening employers’ rights to a drug free workplace, as well as AB 2841 (Gonzalez-Fletcher), a measure to require 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment, up from the current 24 hours. Ag Council continues to oppose these measures.
Legislation also passed in policy committee to fast track state wild and scenic river designations if the federal government acts to remove or delist a river. Ag Council is participating in a coalition seeking to amend the bill, AB 2975 (Friedman). It is pending in the Assembly Appropriations Committee.
The fiscal committees have until May 25 to hear and report the bills to the floor of their respective houses. Hearings on non-fiscal measures may be heard in policy committees until May 11. Click the link below for an update on many of the measures Ag Council is working on or tracking at this time. The list is not comprehensive of all bills awaiting action before the Legislature.
LEGISLATIVE OVERVIEW
Below is an update regarding some of the key 2018 bills that could impact Ag Council members. It is not a comprehensive list of all bills pending in the California State Legislature.
Education
AB 1743 (O’Donnell) Career Technical Education Incentive Grant Program
AB 1743 authorizes $500 million for the Career Technical Education Incentive Grant Program beginning 2018-2019 and each fiscal year thereafter, upon appropriation by the Legislature. AB 1743 requires applicants to provide a dollar-for-dollar match for grant awards. Agricultural programs, such as Future Farmers of America, benefit from career technical education funds.
Position: SUPPORT
Status: Approved by the policy committee and pending in Assembly Appropriations.
Energy
AB 2208 (Aguiar-Curry) Renewables Portfolio Standard
Integrates more grid balancing renewables into California’s Renewable Portfolio Standard (RPS), such as biomass. AB 2208 (Aguiar-Curry) is an opportunity for farmers to more readily harness agricultural waste and turn it into biomass energy.
Position: SUPPORT
Status: Passed in the policy committee and awaiting consideration in Assembly Appropriations.
SB 100 (De Leon) Renewable Portfolio Standard (RPS)
Revises the existing RPS to state that the goal of the program is to achieve a 50 percent renewable target for the electric grid by Dec. 31, 2026 and 60 percent by Dec. 31, 2030. The current goal is 50 percent by Dec. 31, 2030.
Position: OPPOSED
Status: Approved by the Senate in 2017 and currently pending in the Assembly Committee on Utilities and Energy.
Environment
AB 2975 (Friedman) Wild and scenic rivers
If the federal government removes or delists any river or segment of a California river included in the national wild and scenic rivers system—and not included in the state wild and scenic rivers system—the state shall hold a public hearing and take any necessary action to add the river or segment to the state wild and scenic rivers system. Also, if the state determines the federal government is exempting a river from federal provisions restricting water resources projects, the state shall take any needed action to add the river or segment to the state wild and scenic rivers system once a public hearing is held.
Position: OPPOSED
Status: The bill was approved in policy committee and is awaiting consideration in the Appropriations Committee.
SB 49 (De Leon) Environmental, Public Health, and Workers’ Defense Act
Requires specific state agencies to take action to enforce federal requirements pertaining to air, water and species as set prior to the Trump Administration.
Position: OPPOSED
Status: SB 49 stalled in 2017 due to opposition. However, the bill is pending in Assembly Rules Committee and could be considered in 2018.
Farm Bill
AB 2166 (Caballero) California Farm Bill
The bill establishes the following, among other provisions:
- Creates the Growth Council Initiative to assist farmers and producers with regulatory compliance, reduce costs to the agriculture industry and protect the environment
- Allows a tax credit, amount not yet specified, for farmers for costs incurred to implement agricultural technology
- Requires agricultural commissioners to conduct a survey of internet access on farms and in rural communities to identify gaps in accessibility on farms that create hurdles to the adoption of agricultural technology
Status: AB 2166 passed the policy committee and is pending in Assembly Appropriations.
Food Packaging or Labeling
AB 2632 (Santiago) Food packaging/slack fill
Existing law, the Sherman Food, Drug, and Cosmetic Law, specifies 14 reasons a container may contain slack fill without violating the prohibition against nonfunctional slack fill. AB 2632 specifies three additional reasons containers subject to any of these provisions may contain slack fill without violating the nonfunctional slack fill prohibition. Supporters of the bill include the Grocery Manufacturers Association, General Mills and others.
Position: SUPPORT
Status: AB 2632 is a non-fiscal measure pending in the Assembly Privacy and Consumer Protection Committee.
SCR 100 (Lara) Safe Drinking Water & Toxic Enforcement Act of 1986 – Prop 65
Non-binding resolution expressing the view of the Legislature that the Office of Environmental Health Hazard Assessment shall add processed meat to the Prop. 65 list of chemicals known to cause cancer or reproductive harm.
Position: OPPOSED
Status: SCR 100 stalled due to opposition from a wide variety of organizations.
Labor
AB 2069 (Bonta) Medicinal cannabis: employment discrimination
Prohibits an employer from discriminating against a person on the basis as a qualified person with a cannabis identification card or by a positive drug test for cannabis. Under the bill, employers can terminate or take corrective action against an employee who is impaired during employment due to cannabis.
Position: OPPOSED
Status: The bill passed policy committee and is pending further action in Assembly Appropriations.
AB 2841 (Gonzalez Fletcher) Sick leave: accrual and use
Requires employers to allow no less than 40 hours/five days of accrued sick leave or paid time off by the 200th calendar day of employment, an increase from the current 24 hours/three days. AB 2841 also increases the limitation on sick leave that can be carried over to the next year of employment to 40 hours/five days.
Position: OPPOSED
Status: AB 2841 passed the policy committee and is awaiting consideration in Assembly Appropriations where the author is the chair.
SB 1300 (Jackson) Unlawful employment practices: discrimination and harassment
A plaintiff—who is not harmed/injured by sexual harassment—can file a harassment claim against a defendant for failure to take reasonable steps necessary to prevent discrimination and harassment from taking place against others.
Position: OPPOSED
Status: SB 1300 was approved in policy committee and is pending consideration in Senate Appropriations.
AB 1913 (Kalra) Expands foreign labor contractor provisions
Needlessly expands state foreign labor contracting regulations to include agricultural workers under the H-2A visa program. Such action is not necessary given that the H-2A program is already regulated by the federal government through a rigorous application and enforcement process.
Position: OPPOSED
Status: AB 1913 passed the policy committee and is awaiting further action in Assembly Appropriations.
Immigration
AB 1885 (E. Garcia) Work permits for undocumented individuals
Requires the Employment Development Department and the Department of Food and Agriculture to convene a working group to address the issues relating to a work permit program for undocumented individuals who are agricultural or service industry employees to work and live in the state and to ensure the state is not taking on responsibilities in matters dealing with immigration policy that are the jurisdiction of the federal government.
Position: WATCH
Status: Hearing testimony took place on AB 1885 in the Assembly Labor and Employment Committee in April.
Transportation
Audit of the High Speed Rail Project
In January, the Joint Legislative Audit Committee approved an audit of California’s High Speed Rail project to be conducted by the California State Auditor. The audit will review cost containment, the project timeline, and environmental and economic impacts. Conclusion of the audit is anticipated within six to nine months.
Status: The audit is pending completion by the California State Auditor.
AB 1745 (Ting) Zero Emissions Vehicle Mandate
Mandates all new vehicles sold in California to be zero emissions vehicles by January 1, 2040. The bill exempts commercial vehicles with a gross vehicle weight rating of 10,001 pounds or more and vehicles brought into the state from outside of the state for original registration.
Position: OPPOSED
Status: Bill stalled in committee and was not considered due to strong opposition from a variety of organizations.
Water
SB 623 (Monning) Drinking water fund
Establishes the Safe and Affordable Drinking Water Fund within the State Water Resources Control Board to assist those without access to safe and affordable drinking water through grants, loans, contracts or services. Gov. Brown supports SB 623, and the advocacy coalition is coordinating strategy with his Administration. The governor’s 2018-2019 budget includes an initial $4.7 million for clean drinking water, and SB 623 is part of a budget trailer bill, which is a policy measure accompanying the state budget. Ag Council is working to build support for passage of the bill this year.
Position: SUPPORT
Status: Ag Council supported this measure in recent Assembly and Senate Budget Committee hearings and continues to advocate for its passage in the budget. Currently, the item is pending approval by the Budget Committees.
AB 2828 (Friedman) Produced water
Provides a non-governmental entity–the Calif. Council on Science and Technology—authority to determine whether a permit can be issued for the use of produced water, as long as the water is found to not pose a significant risk to the public. The bill is a de-facto ban on the use of produced water (water produced as a byproduct during oil and gas production) given that it creates an impossible standard to meet for water that is already extensively tested and studied and has been found safe by independent scientists.
Position: OPPOSED
Status: After extensive advocacy work to stop this measure by Ag Council and others, AB 2828 stalled and is not being considered any longer.
AB 2649 (Arambula) Water rights: water management
Seeks to codify into law the current process of temporary flood permits, allowed via Executive Order, and deems that groundwater recharge is a beneficial use if it is consistent with a groundwater suitability plan. The purpose of AB 2649 is to encourage the capture of high flow events in the form of recharge to allow for the replenishment of critically overdrafted aquifers.
Status: The measure was approved in policy committee, and it is pending in Assembly Appropriations.
Funds for the FARMER Program will become Available by Summer
The California Air Resources Board (CARB) anticipates monies for the Funding Agricultural Replacement Measures for Emission Reductions (FARMER) Program will be available by this summer via California’s regional air districts.
The FARMER program will provide $135 million for farmers to purchase cleaner burning heavy duty trucks, harvesting equipment, agricultural pump engines, tractors and other ag equipment. Ag Council and other agricultural advocates secured the funding as part of the cap and trade negotiations with Governor Jerry Brown and legislators in 2017. The funds for FARMER derive from cap and trade proceeds—paid for by entities in the cap and trade program—as well as from other air quality and vehicle funds within CARB.
In a statement, CARB Executive Officer Richard Corey said, “Emissions from agricultural equipment are a significant source of air pollution, especially in the San Joaquin Valley. Reducing that pollution is necessary to protect public health and meet air quality standards. Although tough new engine standards are in effect now and will eventually lower emissions, most agricultural equipment lasts for decades. We cannot wait for the older, dirtier equipment to phase out naturally, so we are taking action to improve air quality sooner by helping farmers to buy cleaner farm equipment now. This will help improve air quality throughout the state, but particularly in the San Joaquin Valley, which suffers from unacceptably high levels of fine particle pollution.”
Given the considerable air quality challenges and resulting heath impacts in the San Joaquin Valley, 80 percent of the funding — $108 million — will be distributed by the San Joaquin Valley Air Pollution Control District to farmers in that region.
Ag Council will inform members when the application process opens for the FARMER program this summer.