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AB-2213 Department of Food and Agriculture: research funding: winegrapes: smoke exposure. (2021-2022)

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Date Published: 02/15/2022 09:00 PM
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CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2213

Introduced by Assembly Member Aguiar-Curry

February 15, 2022

An act to add and repeal Section 415 of the Food and Agricultural Code, relating to wine.


LEGISLATIVE COUNSEL'S DIGEST


AB 2213, as introduced, Aguiar-Curry. Department of Food and Agriculture: research funding: winegrapes: smoke exposure.
Existing law establishes the Department of Food and Agriculture, under the control of the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state. Existing law authorizes the department to expend in accordance with law all money that is made available for its use.
This bill would require the department, upon appropriation by the Legislature in the Budget Act of 2022, to provide funding for research to investigate accurate measurement of smoke compounds in winegrapes and wine, methods to mitigate the damage to winegrapes and wine that can occur from exposure to smoke, and methods to prevent smoke damage to winegrapes and wine. The bill would require the department to establish an advisory committee of specified members appointed by the secretary to provide recommendations to the secretary for funding research proposals submitted to the department under these provisions. The bill would make these provisions inoperative on January 1, 2028, or when all funds appropriated by the Legislature pursuant to the Budget Act of 2022 for these provisions have been disbursed, whichever is later.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) California’s 4,200 wineries and 5,900 winegrape growers are predominantly family businesses with a long-term commitment to the health and vitality of their communities and to preserving the land for future generations.
(2) California winegrowers and vintners generate $57.6 billion in annual economic activity for the state of California, employ 325,000 Californians, and pay $15.2 billion annually in local, state, and federal taxes.
(3) Vineyards that farm more than one-half- of the state’s winegrape acreage are certified sustainable, and over 80 percent of California wine is made in a Certified California Sustainable Winery. These programs ensure implementation of sustainable practices that also help winegrowers and vintners mitigate and adapt to climate change.
(4) The California wine industry has been significantly impacted by the catastrophic wildfires in recent years, with significant property loss, loss of tourism, and loss of production due to smoke exposed grapes. The 2020 grape crush declined by nearly 14 percent from 2019, which was due primarily to wildfire impacts to grapes on the north and central coasts. Wildfires in 2021 caused damage to winegrapes in the Sierra Nevada Foothills. Consumer perceptions of potential impact to wine quality further impacted California wineries, particularly in important export markets.
(5) The 2020 wildfires alone are estimated to have cost wineries and winegrape growers $3.7 billion both from immediate fire-caused losses as well as losses in future sales due to unharvested grapes exposed to wildfire smoke.
(6) California is expected to see increasing rates of catastrophic wildfires in the near term as the climate changes and leads to hotter and dryer summers. Thirteen of California’s 20 most destructive fires occurred in the last five years, several in or near California’s world-renowned winegrowing regions.
(7) There is limited understanding of how best to measure smoke compounds in winegrapes and wine, and even less is known about possible mitigation and preventative measures to reduce or prevent impacts to winegrapes from wildfire smoke. More research is needed to better understand smoke impacts and solutions to reduce losses for winegrape growers and vintners.
(b) It is the intent of the Legislature that five million dollars be appropriated in the Budget Act of 2022 for purposes of this act.

SEC. 2.

 Section 415 is added to the Food and Agricultural Code, to read:

415.
 (a) The department shall, upon appropriation by the Legislature in the Budget Act of 2022, provide funding for research to investigate accurate measurement of smoke compounds in winegrapes and wine, methods to mitigate the damage to winegrapes and wine that can occur from exposure to smoke, and methods to prevent smoke damage to winegrapes and wine.
(b) The department shall create an advisory committee of nine people appointed by the secretary as follows:
(1) Four people representing winegrape growers.
(2) Four people representing vintners.
(3) One person representing a public California university with experience in smoke impacts on winegrapes or wine.
(c) A qualified researcher may submit a proposal for funding research described in subdivision (a) to the department.
(d) The advisory committee shall review research proposals submitted pursuant to subdivision (c) and shall provide recommendations to the secretary for funding the research proposals.
(e) The secretary shall accept the recommendation of the advisory committee and disburse the funds for a research proposal recommended by the advisory committee unless the secretary determines that the research proposal is not practicable or in the interest of the industry or the public. If the secretary does not accept a recommendation of the advisory committee, the secretary shall provide the advisory committee with the reasons for that decision within 15 days.
(f) (1) This section shall become inoperative on January 1, 2028, or when all funds appropriated by the Legislature pursuant to the Budget Act of 2022 for purposes of this section have been disbursed, whichever is later.
(2) After the secretary disburses all of the funds appropriated by the Legislature pursuant to the Budget Act of 2022 for purposes of this section, the secretary shall notify the Legislature of this fact pursuant to Section 9795 of the Government Code.
(3) This section shall be repealed on January 1, 2029, or, if the section becomes inoperative after January 1, 2028, on January 1 following the date that the Legislature receives the notification pursuant to paragraph (2).