State Legislative

CALIFORNIA WOMEN FOR AGRICULTURE
STATE LEGISLATIVE REPORT
MARCH 8, 2010

Legislative Trivia – Between February 16 and February 19, there were 1321 “regular” bills introduced, 888 in the Assembly and 433 in the Senate. This breaks down to about 330.3 a day; 13.8 an hour; 1.15 every five minutes. This is an average of 11 bills for each lawmaker and does not include bills introduced prior to February 16. Nor does it include resolutions, proposed constitutional amendments or measures proposed in any of the eight special sessions that have run or are running concurrently with the regular session.

Assembly Leadership

John Perez, Speaker
Lori Saldana, Speaker pro Tempore
Isadore Hall, Assistant Speaker pro Tempore
Alberto Torrico, Majority Floor Leader
Martin Garrick, Minority Floor Leader

Senate Leadership

Darrell Steinberg, President pro Tempore
Dean Florez, Majority Leader
Dennis Hollingsworth, Minority Floor Leader

Lt. Governor Appointment Governor reappointed Abel Maldonado thereby restarting the clock for confirmation.

Budget Highlights - $24 Billion Deficit

- The Governor’s budget calls for $6 million in new water fees in order to address a shift from the State General Fund dollars to fees for various water quality programs. The State Water Board has created a monthly newsletter on new and existing water rights laws and news. www.waterboards.ca.gov/waterrights/press_room/newesletter/index.shtml

- Proposes to shift $1.7 million from the State Water Resources Control Board Budget to the State General Fund. If the budget shift takes place this summer the Board will increase the current fee of 12 cents per acre charged to growers and landowners enrolled in the Irrigated Lands Regulatory Program to approximately 42 cents per acre to meet budgeted expenditures. This was met with strong reaction from water quality coalitions and agricultural organizations.

- Even though several bills have now passed to the Governor that address the state’s fiscal emergency, the Legislature has not closed the Eighth Extraordinary Session. The Senate still must approve SBX8 4, which makes social service cuts and the issue of transportation revenue swap (SB8X 6) is outstanding. Majority-vote bills passed in a special session take effect on the ninety-first day after the session is closed; urgency bills take effect immediately.

- AB8X 6 would exempt gas from sales and use tax on July 1, 2010 while increasing the excise tax on gas by 12.9 cents on July 1, 2010. Beginning 2011-12 the Board of Equalization would be authorized to adjust the excise rate to match what the sales tax on gas would otherwise provide. The bill would also increase the state sales tax on diesel on July 1, 2011, 1.75 percent to increase revenue while decreasing the excise tax on diesel on July 1, 2011 from 18 cents per gallon to 13.6 cents per gallon. . . and more done in order so the bill would only required a majority vote.

According to a Field Poll, California voters favor spending cuts over tax increases as the primary means of dealing with the state’s projected $20 billion budget deficit.  Statewide 50% prefer that the state’s budget deficit be closed either entirely or mostly through spending cuts.  Just 13% favor doing so solely or mostly through tax increases. Another 29% favor an equal mix of spending cuts and tax hikes. 

Legislation

AB 1721 (Swanson): Pesticides: school zones (The Healthy and Safe School Zones Act). This is a variation of a bill introduced last year imposing 3 mile buffer zones for pest eradication. This bill would not allow restricted-use pesticides used for the purposes of production agriculture or a state pest eradication or control program to be applied within one-half mile of a school site within 24 hours of when children are, or will, be present. There are already precautions in place near schools. Coalition OPPOSED.

AB 1960 (Ma) Agriculture: fruits, nuts, and vegetables: California Grown Act. This legislation would require the state or any of its agencies to purchase fruits, nuts, and vegetables that are produced in California rather than imported fruits, nuts, and vegetables whenever the quality is comparable to, and the price equal to or less than, imported fruits, nuts, and vegetables SUPPORT

AB 1963 (Nava) Pesticide poisoning. Would require any laboratory that performs cholinesterase testing on human blood on employees who regularly handle pesticides pursuant to specified regulations or to respond to alleged exposures. WATCH

AB 1965 (Yamada) Agricultural lands: subventions. This bill would create a multi-tiered approach to the Williamson Act subvention program by providing a graduated level of subvention to counties with higher payments going to California’s most rural counties and those counties with the most enrolled land. WATCH

AB 2070 (Monning) Fumigants:methyl bromide and chloropicrin. Spot bill.

AB 2649 Torrico Franchise Tax Board: professional or occupational licenses. Requires a state governmental licensing entity to provide to the Franchise Tax Board the name and SS# or federal taxpayer identification number of each individual licensee of that entity. The bill would require the Franchise Tax Board, if a licensee fails to pay taxes for which a notice or state tax lien has been recorded, to mail a preliminary notice of suspension to the licensee. WATCH

SB 1121 (Florez) Overtime wages: agricultural workers. This bill would remove the exemption of agricultural employees from the eight hour overtime requirement. Coalition OPPOSED

SB 1277 (Florez) Animal abuse: registry: Internet publication. Would require statewide registry in California for animal abuse by requiring any person convicted of a felony involving animal cruelty to register with the police and provide a range of personal information along with a current photograph. This bill was drafted with the help of the animal Legal Defense Fund. OPPOSE

SB 1474 (Steinberg) Labor representatives: elections. Better known as “card check” – back again this year.
OPPOSE

 

Senate Food and Agricultural Chairman Dean Florez held an informational hearing on the proposed registration of methyl iodide (Midas) as a fumigant to be used for pre-plant soil preparation. Panel participants include environmental and scientific testimony with only one participant from agriculture who represented the nursery and garden association.

Senate Resolution No. 35 (Leno) and Assembly Resolution No 23 (Monning).

Requests the Governor and Attorney General to request the USEPA to require the disclosure of the identity of inert ingredients on pesticide labels.

Franchise Tax Board Regulation

A fast growing coalition opposing independent contractor withholding is being spearheaded by the California Chamber of Commerce. Companies, non-profit organizations and local and state agencies would be required to implement the withholding of 3 percent of the payment to the Franchise Tax Board instead of the independent contractor. This means the state receives an interest free loan until tax return time.
Humane Society of the United States.

The HSUS recently announced the formation of a new Animal Protection Caucus in the California legislature dedicated to promoting the passage of humane legislation. The caucus members include Senators Dean Florez and Tony Strickland, and Assembly Members Cameron Smyth and Pedro Nava – two Republicans and two

Williamson Act

The Senate Local Government Committee, chaired by Senator Dave Cox held an oversight hearing titled The Williamson Act: Past, Present, Future? There were three panels presenting their views to the members of the committee followed by public testimony. The three panels were composed of representatives of counties, conservation organizations and landowners.

Counties: Supervisor Judy Case, Fresno County; Susan Thompson, CAO, San Benito County; Ted James, Planning Director, Kern County;

Conservation Organizations: Brian Leahy, Division of Land Resource Protection, State Department of Conservation; Ed Thompson, California Director, American Farmland Trust; Michael Endicott, Resources Sustainability Advocate, Sierra Club California;

Landowners: Paul Wegner, President, California Farm bureau Federation; Jack Hanson, Treasurer, California Cattlemen’s Association; William Geyer, Executive Director, Resources Landowners Coalition.

Peter Detwiler, Staff Director for the Senate Local Government Committee, has prepared a briefing paper titled The Williamson Act: Past, Present, Future? Which can be accessed at: http://sunet2.sen.ca.gov/locgov/3-3-10BriefingPaper.pdf

Members of Senate Local Government Committee: David Cox, Chairman; Kehoe, V. Chair; Price and Wiggins.
Also joining the committee members for part or all of the hearing were Senator Lois Wolk and Assembly Members Anna Caballero and Mariko Yamada.

 

 

Ballot Measures – June 8th Primary Election

Proposition 13 Property tax: new construction exclusion: seismic retrofitting.
Proposition 14 Elections: open primaries.
Proposition 15 Political Reform Act of 1974: California Fair Elections Act of 2008.
Proposition 16 New Two-Thirds Vote Requirement for Local Public Electricity Providers. Initiative Constitutional Amendment.
Proposition 17 Allows Auto Insurance Companies to Base Their Prices in Part on a Driver’s History of Insurance Coverage. Initiative Statute.

Sacramento Updates:

Lester Snow was appointed Secretary of Natural Resources and Mark Cowin was appointed Director for the Department of Water Resources.

Charlie Hoppin was reappointed as Chair of the State Water Resources Control Board. Hoppin has served as a member since 2006 and as Chair since 2009.

DWR just published California Drought – An Update: December 2009.

The State Water Resources Control Board is initiating the process to develop biological objectives for freshwater streams and rivers in California. A meeting will be held in Sacramento to educate stakeholders will be held March 8, 2010, 1-4 p.m., CalEPA Building, 1001 I Street.

The Department of Pesticide Regulations has scheduled workshops to receive input on development of regulations to prevent pesticide contamination of surface water in both agricultural and urban settings. Workshops are scheduled for March 26, April 28 and May 11, Cal EPA Building.

The State Water Resources Control Board issued a public notice to develop flow criteria for the Delta Ecosystem. The informational proceeding will take place at Cal-EPA, Coastal Hearing Room, on Monday, March 22.

The California Fish and Game Commission voted 3-2 on March 3, 2010 to list the California Tiger Salamander as threatened under the CA Endangered Species Act. This species is already listed under the federal Endangered Species Act, so it does not receive any additional benefit. However, under the California listing there are no take exemptions as in the federal ESA. A coalition was formed to oppose this listing.

 

 

Job Creation Legislation

I –INVESTING PUBLIC FUNDS TO CREATE JOBS
Agenda 2010 proposes quickly investing federal funds and already approved state bond funds wisely to expand in-state job creation.  If the U.S. Senate passes the pending “Jobs for Main Street Act of 2010,” the total job creation estimate for this package climbs to 200,000.
Put Federal Funds to Use to Get Californians back to work: Senate Democrats have introduced legislation to ensure the state can invest federal funds efficiently and quickly to create jobs in California.  The bills identify the state agencies responsible for administering federal funds and include accountability and reporting provisions to ensure the funds are spent efficiently. 
SB 965 (DeSaulnier): Authorizes the High Speed Rail Authority (HSRA) to receive and expend federal money it receives to further the development of High Speed Rail in California.  Creates 50,625 jobs.  
SBX8 33/SB 205 (Hancock): Authorizes the state Superintendent of Public Instruction (SPI) to administer $773 million in federal Qualified School Construction Bond funds available to California schools that would expedite public school construction, rehabilitation and repair projects to improve schools. Creates 11,400 jobs.
SBX8 27/SB958 (Lowenthal): Designates the Multifamily Housing Program at the Department of Housing and Community Development to distribute the anticipated $193 million in federal funds received from the National Housing Trust Fund to build affordable housing in California.  (Requires passage of federal jobs bill before state legislation can be enacted.) Creates 2,965 jobs.
SBX8 36 (Correa): Distributes as much as $3.6 billion in federal transportation funds between state and local agencies for shovel ready projects for improvements to highways, streets and roads, and public transit systems from the “Jobs For Main Street Act of 2010,” which passed the U.S. House of Representatives and is now pending in the U.S. Senate. (Requires passage of federal jobs bill before state legislation can be enacted.)  Creates 54,000 jobs.              

Appropriate Approved State Bond Funds for Innovative Programs: The package targets unspent state bond funds to innovative new programs that create jobs, improve infrastructure or make California more sustainable.
SB 964 (Alquist): Appropriate $25 million in High-Speed Rail bond funds (Proposition 1A) to finance a the first phase of a workforce training program jointly managed by the rail authority and the state’s community colleges to construct maintain and operate a high-speed rail system in California.  The program will train 5,000 Californians for jobs.
SBX8 35 (Lowenthal/Hancock): Redirect $80 million in Proposition 1D bond funds stalled in the bureaucracy to expedite shovel-ready “green school” energy efficiency projects that create jobs and save energy.  Creates 1,680 jobs.
SBX8 28 (Yee): Accelerates up to $105 million in Proposition 1C housing bond funds by redirecting funds from ineffective programs to those that can fund shovel-ready projects to create jobs and build affordable housing and parks.  Creates 1,590 jobs.

Special Session Budget Bill: Fix the Governor’s proposed “Gas Tax Swap” to maintain the state’s investment in transportation infrastructure, continue a state commitment to public transit, provide a growing source of transportation funding and maintain thousands of transportation related jobs, and make debt service payments on transportation bonds.  This will preserve about $1.2 billion for transportation infrastructure saving some 18,000 jobs.

II – EXPANSION OF JOBS IN THE NEW ECONOMY
The package seeks to expand on California’s successful market for innovative jobs in energy efficiency and renewable projects.  To continue the state’s economic gains in the new economy, Agenda 2010 includes the following bills:
SB 722 (Simitian/Padilla): Enacts a workable 33% Renewable Portfolio Standard in California to promote in-state job development and renewable energy resources.  Creates 20,000 jobs.
SBX8 34 (Padilla/Pavley): Expedite planning, permitting, and approval of large scale renewable energy projects in California.  It will give priority to projects that can quickly create jobs and meet federal ARRA incentives within the next year including at least eleven projects awaiting action by state energy agencies.   
SBX8 26 (Pavley): Creates a state program to standardize Property Assessed Clean Energy (PACE) programs to lower financing cost, enhance investor receptivity of the PACE bonds, and make PACE improvements more attractive to home and business owners.  Authorizes a $50 million reserve fund available as credit enhancements for qualified PACE financing programs to further lower financing costs.  Creates 10,500 jobs.
SBX8 31 (Cedillo): Move $20 million in unspent ARRA funds out of the bureaucracy at the California Energy Commission (CEC) and to the California Community Colleges for energy efficiency projects that reduce energy consumption, increase skills training opportunities and increase the sustainability of community college campuses. Creates 488 jobs.   
SB 675 (Steinberg): The bill would use existing Public Interest Energy Research (PIER) funds for the construction or reconfiguring facilities or schools for career technical education that prepares students for employment related to clean technology, renewable energy or energy efficiency.  Creates 7,500 jobs.
Three bills to appropriate $60 million in available state funds for job creation in environmental restoration, increased recycling and litter reduction, water supply and flood protection, and clean air.  Creates 900 jobs.
SBX8 30 (Oropeza): Appropriate $20 million from Proposition 84 for immediate job creation for local community conservation corps in urban inner-city areas. 
SB 991 (Wolk): Appropriate $20 million from Proposition 1E to commence immediate repairs of levees and other flood control investments in high-risk flood areas of California. 
SBX8 37 (Cedillo): Appropriate $20 million from the Carl Moyer Program, the Air Quality Improvement Program (AQIP), and Proposition 1B to provide immediate jobs and incentives to clean up diesel pollution from trucks adjacent to ports and goods movement facilities. 
SB TBA (Leno): Expand the “Work Share” program at the Employee Development Department (EDD) so more employees can maintain employment and receive partial UI benefits.  Requires a more aggressive outreach plan.
SB 967 (Correa/DeSaulnier): Reward companies that hire California workers by providing a bid preference or contract credit for companies committing to employ Californians on contracts with the state.
SB 959 (Ducheny): One-Stop Shop to Permit Projects: Re-establish Permit Assistance Centers at Cal-EPA to provide businesses with assistance in getting projects permitted, sited and approved for development. 
SBX8 32 (Wolk): Conform California tax law to federal law to, among other things, ensure renewable energy project developers can access and use ARRA funds available for projects in California that provide some 7,600 jobs, and ensure homeowners who sell their homes in a “short sale” do not have to count as income the amount of money the banks “forgive” on outstanding loans. 

III – PREPARING CALIFORNIA’S WORKFORCE
Senate Democrats are committed to maximizing opportunities for Californians to acquire the necessary job skills to gain and keep employment with focus on jobs in high-growth, high-wage sectors of the economy. 

SB 957 (Price): Refocus Cal Grant C awards, which are used to pursue short-term occupational or technical training, to students training in high-need, high-growth or high-wage industries in California.  Prepares 8,000 students for high-growth jobs.
SB 956 (Romero): Redirect a portion of federal workforce training funds to expand training to the California Paraprofessional Teacher Training Program (PTTP).  The primary purpose is to recruit school paraprofessionals (commonly referred to as classroom aides) to participate in local career ladders that enable them to become certificated classroom teachers in public schools. 
SB 974 (Steinberg): Swap out inefficient Enterprise Zone tax credits with new tax credits to encourage California businesses to invest resources, time and expertise in middle and high school “career pathways” to train students for their future careers
SB 968 (Negrete-McLeod): Prohibit EDD from eliminating an individual’s UI benefits solely because that individual is pursuing additional education or training at a community college or four-year institution. 

IV – VALUE CALIFORNIA’S WORKING FAMILIES
Making sure working families are fairly compensated for their jobs, can keep shelter over their heads, and reasonably plan to afford their children’s college education will help struggling Californians get through this economic downturn. 
SBX8 29 (Steinberg): Restructure the current furlough policy to exempt special fund agencies.
SBX8 38 (Corbett): Establishes a “Homeowner’s Bill of Rights” to better protect distressed homeowners and ensure those homeowners receive a decision on their loan modification application before their financial institution can foreclose on their homes. 
SB 969 (Florez): Rationalize student fee structure at UC, CSU, and Community Colleges, establish predictable fee level so families can plan to pay for college education  by setting a baseline fee and capping the extent to which student fees could rise in any one year to no more than 5%.

2010 Tentative Legislative Calendar

March 25-April 5 Spring Recess.
April 23 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house.
May 7 Last day for policy committees to hear and report to the floor nonfiscal bills introduced in their house.
May 14 Last day for policy committees to meet prior to June 7.
May 28 Last day for fiscal committees to hear and report to the floor bills introduced in their house. Last day for fiscal committees to meet prior to June 7.
June 1-4 Floor session only.
June 4 Last day to pass bills out of house of origin.
June 15 Budget Bill must be passed by midnight.
July 2 Last day for policy committees to hear and report bills.
July 2-August 2 Summer Recess.
August 13 Last day for fiscal committees to hear and report bills to the Floor.
August 16-31 Floor session only
August 20 Last day to amend on the Floor.
August 31 Last day for any bill to be passed. Final recess begins on adjournment.
September 30 Last day for Governor to sign or veto bills.

State Legislative Report
July 19, 2009

Budget. As they say in Sacramento, the temperature needs to be well over 100 degrees for a number of days before there is a budget. I think we’re there! It’s been reported that a final budget deal closing California’s $26+ billion deficit has been reached and a bill is being drafted for a vote this week. School funding commitments are one of the last remaining issues. Of primary concern to local governments is the possible taking of local gas tax money and the suspension of Proposition 1A, the local property tax protection measure. Stay tuned. . . Several bills have not moved due to suspension of committee hearings for a couple of week.

“The Citizen Legislature Act”. Not surprising, an initiative measure is being circulated that would make the Legislature part-time. This constitutional amendment reduces the total time the Legislature is in session each year to no more than 95 days. They would convene in January for up to 30 days and again in May for up to 60 days. They can reconvene for up to five additional days to reconsider bills vetoed by the Governor.

AB 219 (Ruskin) Pest Control: Plant quarantine inspection stations
Increases the civil penalties to every operator of a motor vehicle from $1,000.00 to $2,500.00 per violation for not obtaining a certificate of inspection when entering California with a shipment of any agricultural commodity. Passed the Assembly floor on a by-partisan vote. CWA Supports – no opposition – Senate Inactive File

AB 494 (Caballero) Local Planning: farmworker housing
This bill would authorize a landowner subject to a Williamson Act Contract to subdivide not more than 10 acres of land under a Williamson Act contract to be sold or leased to a nonprofit organization, a city or county, a housing authority, or state agency and used for farmworker housing for at least 30 years. This bill has both support and opposition from agriculture. CWA has not yet taken a position. Withdrawn from Committee – not moving. Dead

AB 835 (Monning) Pesticides: volatile organic compound emissions
This bill is opposed by a number of agricultural associations, including CWA. The issues raised in this bill have already been resolved by a three-judge panel of the 9th Circuit Court of Appeals and is in conflict with that decision. This bill would transfer authority for maintaining the VOC pesticide inventory from DPR to ARB, thus creating significant inefficiencies due to the fact that emissions data is collected as part of the pesticide registration process and pesticide use reporting. CWA Opposes. Two-year Bill

AB 1488 (Hall) Public Health: Food justice
Would require CDFA to provide recommendations to legislature regarding actions to promote food justice. This relates to the inability of low-income urban population not having access to healthy foods such as fresh fruits and vegetables. Watch. Dead

SB 677 (Yee) Workers’ compensation: exclusions: Farming operations.
This bill would provide legal protection for low income family farms by excluding any person employed by his or her parent, child, spouse, or by the spouse of his or her parent or child from the requirement of securing workers’ compensation insurance if the owner’s taxable income on the state income tax return of the farming operation is no more than $10,000.00. CWA Supports. Dead

SB 170 (Florez) Agricultural lands: cancellation of Williamson Act
This bill would allow Indian tribes the ability cancel their Williamson Act contracts on land that is contiguous to their existing reservations. CWA Opposes unless amended. Dead

SB 121 (Denham) Central Coast Rural Crime Prevention Program
Proposed to extend the sunset program until 2015. CWA Supports. To Governor

SB 789 (Steinberg) Labor Representatives: elections
Known as the “card check” bill CWA has signed on to a coalition letter opposing this bill. This bill would strip California farm workers of their fundamental democratic right in deciding whether they want union representation. CWA Opposes. Assembly – To Third Reading

SB 759 (Leno) Aerial spraying of pesticide: inert ingredients: information
Would make certain requirements relative to aerial applications of pesticides. This is a result of the LBAM issue. Watch. Dead

AB 21 (Lowenthal, B) Economic Poisons: Methyl Bromide: Report
This bill would have impacted fumigation activities at the ports on imported and exported products. The bill has been modified to report on the findings of an international study related to emission control devices and techniques. CWA Supports as amended. To Senate

AB 622 (Swanson) Pesticides: Aerial Application
This would have greatly impact aerial applications of pesticide applications. A large coalition of agricultural interests were opposed to the bill. CWA Opposed. Two-Year Bill.

SB 135 (Florez) Animal abuse: cattle: tail docking. This bill would ban the practice of docking the tales of cattle. Sponsored by the Humane Society of the U.S. Amendments were accepted to allow cattle owners to dock tails in emergency situations without having to report to the CA Department of Food & Agriculture. Assembly

SB 250 (Florez) Dogs and cats: spaying and neutering. Recently offered amendments would exempt dogs used by hunters, farmers and ranchers. The bill requires all dogs and cats to be spayed or neutered unless the owner obtains an “intact” permit for the dog, or keeps the cat indoors at all times. Assembly

SB 416 (Florez) Animal antibiotics. Failing passage in the Senate 15-20, Senator Florez gut and amended another SB 562 to require all food products from animals treated with preventative antibiotics to contain a warning label stating that they contained antibiotics. Knowing this bill did not have the votes, he is now focusing on Senate Constitutional Amendment 23 to ban the use of “nontherapeutic” antibiotics by California livestock producers by 2015. Requires a 2/3 vote – 27 votes needed to pass.

There are more than a dozen Delta-related bills. Once the budget is adopted it is expected attention will turned towards a Sacramento-San Joaquin Delta bill package.