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SB-558 Farmworker Climate Resilience Adaptation Program.(2021-2022)

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Date Published: 06/06/2022 02:00 PM
SB558:v94#DOCUMENT

Amended  IN  Assembly  June 06, 2022
Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  April 22, 2021
Amended  IN  Senate  April 15, 2021
Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 558

Introduced by Senator Caballero
(Coauthors: Senators Cortese and Hurtado)
(Principal coauthors: Assembly Members Eduardo Garcia and Robert Rivas)

February 18, 2021

An act to add and repeal Section 8588.6 of the Government Code, Part 3.3 (commencing with Section 71119) of Division 34 of the Public Resources Code, relating to farmworkers.


LEGISLATIVE COUNSEL'S DIGEST


SB 558, as amended, Caballero. Farmworker Disaster Relief Planning Task Force. Climate Resilience Adaptation Program.

Existing law, the California Emergency Services Act, establishes, within the office of the Governor, the Office of Emergency Services (OES) under the supervision of the Director of Emergency Services. Existing law makes OES responsible for addressing natural, technological, or manmade disasters and emergencies, including activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.

Existing law establishes the Strategic Growth Council in state government consisting of various state agency heads and 3 public members. Existing law requires the council, among other things, to identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet greenhouse gas emissions reduction goals, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner.
This bill, until January 1, 2024, 2026, would establish in OES the Farmworker Disaster Relief Planning Task Force, to be composed as specified, in order to examine create the Farmworker Climate Resilience Adaptation Program, to be administered by the Strategic Growth Council, to award grants totaling $20,000,000 to eligible entities for the development and implementation of projects addressing the needs of farmworkers, their families, and communities for immediate, intermediate, and long-term sustainable and equitable access to health care, safety net services, protections, and other social and economic relief during pandemics and disasters. The bill would generally prohibit members of the task force from receiving a per diem or other similar compensation for service, but would prescribe an exception from it for members who are or have been farmworkers. The bill adaptation to the impacts of climate change. The bill would require the program to be guided by the Farmworker Climate Resilience Adaptation Task Force established by this bill, to be composed as specified, and would require the task force to meet not less than 6 times before January 1, June 30, 2023, as specified. The bill would require the task force to make recommendations about specified relief programs projects funded under this program and, on or before January 1, June 30, 2023, to report its findings and recommendations to the Strategic Growth Council, the state agencies involved in the task force, the Legislature, and the Governor. The bill would make the implementation of this program contingent upon an appropriation in the annual Budget Act or another statute for this purpose.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Part 3.3 (commencing with Section 71119) is added to Division 34 of the Public Resources Code, to read:

PART 3.3. Farmworker Climate Resilience Adaptation Program

71119.
 The Farmworker Climate Resilience Adaptation Program is hereby created, to be administered by the Strategic Growth Council. The program shall, through the award of grants, fund the development and implementation of projects to address the needs of farmworkers, their families, and their communities for sustainable and equitable adaptation to the impacts of climate change, such as excess heat, freezes, increased risk from wildfire smoke, pandemics, and economic impacts of drought. The program shall be guided by the Farmworker Climate Resilience Adaptation Task Force established pursuant to Section 71119.2.

71119.1.
 (a) The Strategic Growth Council shall award competitive grants totaling twenty million dollars ($20,000,000), upon an appropriation as described in Section 71119.3, to eligible entities through an application process. An eligible entity shall be a farmworker-serving organization, including a nonprofit organization, a community-based organization, a faith-based organization, a coalition, or an association of nonprofit organizations, that demonstrates multistakeholder partnerships, farmworker representation on its board, and multilingual capacities and has a primary purpose of serving farmworkers. An eligible entity shall not use more than 10% of the grant funds awarded for project administration. The Strategic Growth Council shall award grants for projects that demonstrate community engagement in all phases.
(b) (1) In awarding grants, the Strategic Growth Council shall make grant selections based upon the recommendations of the Farmworker Climate Resilience Adaptation Task Force.
(2) In awarding grants, the Strategic Growth Council shall give priority to projects that cover areas that have a high proportion of farmworkers in their communities and that focus on communities that are most disadvantaged, or where air quality is poor, the climate is extremely hot or cold, individuals are socially isolated, potable water is lacking, or lack of municipal services makes the area subject to wildfire or flooding.
(3) The Strategic Growth Council may award a grant over multiple years.
(4) The Strategic Growth Council shall consider applicants for projects undertaken in disadvantaged communities located in unincorporated areas of a county.
(c) To be eligible for funding under the Farmworker Climate Resilience Adaptation Program, a project shall demonstrate that it will achieve a climate resilience adaptation that will improve the lives of farmworkers.

71119.2.
 (a) The Farmworker Climate Resilience Adaptation Task Force is established in the Strategic Growth Council.
(b) (1) The task force shall consist of 19 or more representatives, who shall be appointed as required by this subdivision.
(2) One representative from each of the following state entities, to be designated by that state entity:
(A) Office of the Governor.
(B) Labor and Workforce Development Agency.
(C) California Health and Human Services Agency.
(D) Office of Emergency Services.
(E) Business, Consumer Services, and Housing Agency.
(F) Department of Food and Agriculture.
(G) Other state agencies that support farmworkers.
(3) Four representatives to be appointed by the Governor, as follows:
(A) One member representing a community-based organization that serves farmworkers.
(B) One member who represents a local agricultural association.
(C) One member who is an agricultural commissioner.
(D) One member who is a policy expert in the field of farmworker health and safety.
(4) Four representatives to be appointed by the Senate Pro Tempore, as follows:
(A) One member representing a community-based organization that serves farmworkers.
(B) One member representing a bona fide labor organization.
(C) One member who is a locally elected official representing a city or county in which agriculture is a dominant industry.
(D) One current or former farmworker.
(5) Four representatives to be appointed by the Speaker of the Assembly, as follows:
(A) One member representing a community-based organization that serves farmworkers.
(B) One member representing a bona fide labor organization.
(C) One member who is a locally elected official representing a city or county in which agriculture is a dominant industry.
(D) One current or former farmworker.
(c) The task force shall do all of the following:
(1) Create a stakeholder process that facilitates public input and informs the findings and recommendations of the task force. This process may include conducting workgroup or task force meetings in counties or cities where agriculture is a dominant industry and by electronic means.
(2) Research and investigate the disparate impact of climate change on farmworkers, their families, and their communities.
(3) (A) Research and investigate legislative, regulatory, and private sector forms of relief that can provide immediate, intermediate, and long-term sustainable and equitable adaptation to the impacts of climate change, such as excess heat, freezes, increased risk from wildfire smoke, pandemics, and economic impacts of drought.
(B) Make recommendations about projects to be funded pursuant to Section 71119.1, based on the issues researched and investigated pursuant to subparagraph (A), and develop findings related to key legislative and regulatory provisions necessary to implement the projects.
(4) Meet not less than six times before June 30, 2023. The task force may meet in person or virtually, at its discretion.
(5) (A) On or before June 30, 2023, report its findings and recommendations to the Strategic Growth Council, the state agencies involved in the task force, the Legislature, and the Governor.
(B) The report submitted to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.
(d) (1) Except as provided in paragraph (2), a task force member shall not receive a per diem or other similar compensation for serving as a member of the task force.
(2) Members of the task force who are, or have been, farmworkers may receive reimbursement for travel, per diem, or other expenses.
(e) The Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to meetings of the task force.
(f) The Strategic Growth Council shall have a budget of five million dollars ($5,000,000), upon an appropriation described in Section 71119.3, for purposes of administering the Farmworker Climate Resilience Adaptation Program and the task force pursuant to this part. A governmental agency that participates in the task force shall operate within its existing budgetary resources for purposes of that participation.
(g) To ensure an adequate benefit within a solvent program, the Strategic Growth Council shall, no later than October 1, 2023, produce an actuarial report of the recommendations made by the task force. The report shall be shared with and approved by the members of the task force. If approved, the report shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.
(h) The Strategic Growth Council may seek private funds for purposes of implementing this part.

71119.3.
 Implementation of this part is contingent upon an appropriation in the annual Budget Act or another statute for this purpose.

71119.4.
 This part shall remain in effect only until January 1, 2026, and as of that date is repealed.

SECTION 1.Section 8588.6 is added to the Government Code, to read:
8588.6.

(a)The Farmworker Disaster Relief Planning Task Force is established in the Office of Emergency Services. Under the leadership of the director, the task force shall examine the needs of farmworkers, their families, and their communities for immediate, intermediate, and long-term sustainable and equitable access to health care, safety net services, protections, and other social and economic relief during pandemics and disasters.

(b)The task force shall consist of 19 or more representatives, who shall be appointed as required by this subdivision.

(1)One representative from each of the following state entities, to be designated by that state entity:

(A)Office of the Governor.

(B)Labor and Workforce Development Agency.

(C)California Health and Human Services Agency.

(D)Office of Emergency Services.

(E)Business, Consumer Services, and Housing Agency.

(F)Department of Food and Agriculture.

(G)Other state agencies that support farmworkers.

(2)Four representatives to be appointed by the Governor, as follows:

(A)One member representing a community-based organization that serves farmworkers.

(B)One member who represents a local agricultural association.

(C)One member who is an agricultural commissioner.

(D)One member who is a policy expert in the field of farmworker health and safety.

(3)Four representatives to be appointed by the Senate Pro Tempore, as follows:

(A)One member representing a community-based organization that serves farmworkers.

(B)One member representing a bona fide labor organization.

(C)One member who is a locally elected official representing a city or county in which agriculture is a dominant industry.

(D)One current or former farmworker.

(4)Four representatives to be appointed by the Speaker of the Assembly, as follows:

(A)One member representing a community-based organization that serves farmworkers.

(B)One member representing a bona fide labor organization.

(C)One member who is a locally elected official representing a city or county in which agriculture is a dominant industry.

(D)One current or former farmworker.

(c)The task force shall do all of the following:

(1)Create a stakeholder process that facilitates public input and informs the findings and recommendations of the task force. This process may include conducting workgroup or task force meetings in counties or cities where agriculture is a dominant industry and by electronic means.

(2)Research and investigate the disparate impact of disasters and pandemics on farmworkers, their families, and their communities.

(3)(A)Research and investigate legislative, regulatory, and private sector forms of relief that can provide immediate, intermediate, and long-term sustainable and equitable access to health care, safety net services, protections, and other social and economic relief for farmworkers, their families, and their communities during current and future disasters, such as pandemics, droughts, wildfires, freezes, heat and economic upheavals.

(B)Make recommendations about relief programs based on the issues researched and investigated pursuant to subparagraph (A) and develop findings related to key legislative and regulatory provisions necessary to implement the relief programs.

(4)The task force shall meet not less than six times before January 1, 2023. The task force may meet in person or virtually, at its discretion.

(5)(A)On or before January 1, 2023, report its findings and recommendations to the state agencies involved in the task force, the Legislature, and the Governor.

(B)The report submitted to the Legislature shall be submitted in accordance with Section 9795.

(d)(1)Except as provided in paragraph (2), a task force member shall not receive a per diem or other similar compensation for serving as a member of the task force.

(2)Members of the task force who are, or have been, farmworkers may receive reimbursement for travel, per diem, or other expenses.

(e)The Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) shall apply to meetings of the task force.

(f)The director shall operate within their existing budgetary resources for purposes of implementing this section. A governmental agency that participates in the task force shall operate within its existing budgetary resources for purposes of that participation.

(g)To ensure an adequate benefit within a solvent program, the director shall, no later than October 1, 2023, produce an actuarial report of the recommendations made by the task force. The report shall be shared with and approved by the members of the task force. If approved, the report shall be submitted to the Legislature in accordance with Section 9795.

(h)The director may seek private funds for purposes of implementing this section.

(i)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.