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AB-406 Agriculture: Healthy Soils Program: organic production.(2023-2024)



Current Version: 03/09/23 - Amended Assembly

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AB406:v98#DOCUMENT

Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 406

Introduced by Assembly Member Connolly

February 02, 2023

An act to amend Section 569 of of, and to add and repeal Section 569.1 of, the Food and Agricultural Code, and to amend Section 10230.2 of the Public Resources Code, relating to agriculture, and making an appropriation therefor. agriculture.


LEGISLATIVE COUNSEL'S DIGEST


AB 406, as amended, Connolly. Agriculture: Healthy Soils Program and California Farmland Conservancy Program. Program: organic production.
The Cannella Environmental Farming Act of 1995 requires the Department of Food and Agriculture, in consultation with the Scientific Advisory Panel on Environmental Farming, to establish and oversee a Healthy Soils Program to seek to optimize climate benefits while supporting the economic viability of California agriculture by providing incentives, including loans, grants, research, and technical assistance, and educational materials and outreach to farmers whose management practices contribute to healthy soils and result in net long-term on-farm greenhouse gas benefits. Existing law authorizes the Healthy Soils Program to also include the funding of on-farm demonstration projects that further the goals of the program. Existing law requires the department, if it elects to fund those on-farm demonstration projects, to establish a technical advisory committee to review those applications for scientific validity and the proposed project’s potential to achieve greenhouse gas benefits.
This bill would additionally authorize the Healthy Soils Program to include the funding of organic farming projects that further the goals of the program and require the department to establish the technical advisory committee if it elects to fund those projects, as specified. The bill would require the department to support and incentivize organic production by providing grants of up to 5 years to certified organic farmers and ranchers, as defined, and during farmers’ or ranchers’ 3-year organic transition period, as described, and to prioritize applicants who propose to implement multiple healthy soils practices and certified organic farmer or rancher applicants. The bill would require the department to provide grants of up to 5 years for on-farm demonstration projects. The bill would require the department, on or before January 1, 2026, to submit a report to the Legislature on how the program incentivizes farmers and ranchers to implement multiple healthy soils practices, including incentivizing farmers and ranchers to transition to organic production.

Existing law establishes the California Farmland Conservancy Program in the Department of Conservation, and authorizes the program to offer financial assistance, including grants or contracts, for projects and activities on agricultural lands that support agricultural conservation and sustainable land management, including the acquisition of agricultural conservation easements or fee title to protect the land’s agricultural use or capacity, improvements to land protected by a conservation easement, deed restriction, or similar long-term agreement, plans to protect and conserve agricultural lands, plans to protect, conserve, restore, or enhance resources or values located on, or adjacent to, agricultural lands or that were historically present on agricultural lands, technical assistance to develop projects, prepare applications, and implement projects, administrative costs incurred by the department to administer the program, and any other purposes approved by the Legislature in a funding appropriation for the program. Existing law creates the California Farmland Conservancy Program Fund and continuously appropriates moneys in the fund from federal grants and gifts and donations for purposes of the California Farmland Conservancy Program.

This bill would provide that the California Farmland Conservancy Program’s authorization to offer financial assistance for projects and activities on agricultural lands that support agricultural conservation and sustainable land management also includes obtaining organic certification. By expanding the purposes for which continuously appropriated moneys may be used, the bill would make an appropriation.

Vote: MAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 569 of the Food and Agricultural Code is amended to read:

569.
 (a) (1) The department, in consultation with the panel, shall establish and oversee a Healthy Soils Program. The program shall seek to optimize climate benefits while supporting the economic viability of California agriculture by providing incentives, including, but not limited to, loans, grants, research, and technical assistance, and educational materials and outreach, to farmers whose management practices contribute to healthy soils and result in net long-term on-farm greenhouse gas benefits. The program may also include the funding of on-farm demonstration projects, and organic farming projects, that further the goals of the program.
(2) The department, in consultation with the panel, may determine priorities for the program and give priority to projects that occur in and benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code, show promise of being replicable in other parts of the state, or provide environmental and agronomic cobenefits, such as improved air and water quality, improved crop yield, and reduced soil erosion.
(3) The panel shall also advise the department on scientific findings, program framework, guidelines, grower incentives, and providing technical assistance.
(4) The department shall support and incentivize organic production by providing grants of up to five years to certified organic farmers and ranchers, and during farmers’ or ranchers’ three-year organic transition period described in Section 205.202 of Title 7 of the Code of Federal Regulations. The department shall prioritize applicants who propose to implement multiple healthy soils practices and certified organic farmer or rancher applicants.

(4)

(5) If the department elects to fund on-farm demonstration projects or organic farming projects described in paragraph (1), the department, in consultation with the panel, shall establish a technical advisory committee to review on-farm demonstration project or organic farming project applications for scientific validity and the proposed project’s potential to achieve greenhouse gas benefits.
(6) The department shall provide grants of up to five years for on-farm demonstration projects.
(b) The department shall implement the program and quantify greenhouse gas emissions reductions in accordance with the funding guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code and the quantification methods developed by the State Air Resources Board pursuant to Section 16428.9 of the Government Code.
(c) (1) The department may pursue public and private sources to support the Healthy Soils Program.
(2) To the extent funds are available, the department may provide support to the program, including, but not limited to, technical assistance, education, and outreach.
(d) For purposes of this section, “panel” means the Scientific Advisory Panel on Environmental Farming.
(e) For purposes of the Healthy Soils Program, the following terms have the following meanings:
(1) “Certified organic farmer or rancher” means a farmer or rancher certified organic pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.).

(1)

(2) “Greenhouse gas benefits” means greenhouse gas emissions source reduction or carbon sequestration.

(2)

(3) “Healthy soils” means soils that enhance their continuing capacity to function as a biological system, increase soil organic matter, improve soil structure and water- and nutrient-holding capacity, and result in net long-term greenhouse gas benefits.

(3)

(4) “On-farm demonstration projects” means projects that incorporate farm management practices that result in greenhouse gas benefits across all farming types with the intent to establish or promote healthy soils.

SEC. 2.Section 10230.2 of the Public Resources Code is amended to read:
10230.2.

(a)The California Farmland Conservancy Program is hereby established in the department.

(b)The program may offer financial assistance, including grants or contracts, for projects and activities on agricultural lands that support agricultural conservation and sustainable land management, including, but not limited to, any of the following:

(1)Acquisition of agricultural conservation easements or fee title to protect the land’s agricultural use or capacity that meets the following requirements:

(A)The primary purpose for which the easement or fee title is being sought is consistent with continuing agricultural use of the property.

(B)The easement or fee title does not, and will not, substantially prevent agricultural uses on the property.

(C)Any nonagricultural qualities that will be protected by the easement or fee title, if applicable, are inherent to the property.

(2)Improvements to land protected by a conservation easement, deed restriction, or similar long-term agreement as determined by the director.

(3)Plans to protect and conserve agricultural lands and plans to protect, conserve, restore, or enhance resources or values located on, or adjacent to, agricultural lands or that were historically present on agricultural lands. These may include, but are not limited to, either of the following:

(A)An agricultural land component or element of a general plan developed pursuant to Section 65565 of the Government Code.

(B)Land conservation strategies and plans to identify and develop potential projects.

(4)Obtaining organic certification.

(5)Technical assistance to develop projects, prepare applications, and implement projects.

(6)Administrative costs incurred by the department to administer the program.

(7)Any other purposes approved by the Legislature in a funding appropriation for the program.

SEC. 2.

 Section 569.1 is added to the Food and Agricultural Code, to read:

569.1.
 (a) On or before January 1, 2026, the department shall submit a report to the Legislature on how the Healthy Soils Program incentivizes farmers and ranchers to implement multiple healthy soils practices, including incentivizing farmers and ranchers to transition to organic production.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.