Friday, August 8, 2008

Veto Threat

On Wednesday in reaction to the ongoing budget stalemate, Governor Schwarzenegger made the unprecedented announcement that he would veto any bill arriving on his desk until there’s a budget agreement. Under the State Constitution, any bill not signed or vetoed within 12 days of hitting the governor's desk becomes law. At the time, there were 13 bills on the Governor’s desk, including SB 1280 (Maldonado) relating to the California Seed Advisory Board, pending his signature. In order to avoid automatic vetoes, the bills will be pulled back through the use of procedural motions and be temporarily held in the legislature. As things now stand, lawmakers will simply hold off on sending bills to Schwarzenegger until August 18, because at that point the 12 day rule will no longer apply. The Governor will then have until September 30 to act on any bill that reaches his desk. Therefore, while the Governor’s veto strategy slows up the process, it won’t have a major impact on legislation unless the budget impasse continues beyond September 30.

Legislative Update

The following bills are very controversial, still alive in the legislative process and are strongly opposed by agriculture:

Pesticide Regulation - AB 977 (Ma)
Repeals existing state law that pre-empts local government from regulating in any matter relating to the registration, sale, transportation, or use of pesticides. This would allow any local government to make its own decisions regarding pesticide use and exposure within its jurisdiction.

Farm Labor Elections - AB 2386 (Nunez)
Adds a mediated election process to the Agricultural Labor Relations Act that will provide an additional and alternative means for the selection by agricultural employees of a representative for collective bargaining purposes. The bill sets forth detailed procedures for a labor organization to petition for a mediated election, for the selection of a mediator, for the distribution of ballots, and for the conducting of a mediated election where agricultural employees may elect either to designate the labor organization as their representative or to hold a ballot booth election. The bill would establish criteria for the proper tallying of ballots and for the determination by the mediator of the outcome of the election, and it would create mechanisms by which an aggrieved party could challenge the outcome of a mediated election.

Water Conservation - AB 2175 (Laird)
Requires the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. The bill would also require by December 31, 2009, the establishment of a statewide numeric water conservation target for agricultural water users that provides for a significant increase in efficiency. By December 31, 2012, agricultural water suppliers would be required to adopt numeric water conservation targets to be achieved by December 31, 2015, and December 31, 2020. Additionally, by December 31, 2012, agricultural water suppliers must implement best management practices
for water use efficiency.

Toxin Free Food Containers - SB 1713 (Migden)
Prohibits, commencing January 1, 2010, the manufacture, sale, or distribution in commerce of any liquid, food, or beverage in a can, jar, or other container containing bisphenol A, at a level above 0.1 ppb. The prohibition broadly applies to any liquid, food, or beverage that is designed or intended primarily for consumption by infants and children 3 years of age or younger.

SB 974 (Lowenthal)
One other controversial bill, SB 974 (Lowenthal), which requires the Ports of Los Angeles, Long Beach, and Oakland to collect user fees from the owners of cargo containers at a rate of $30 per twenty-foot equivalent unit (TEU), was passed and sent to the Governor on Tuesday. The fee revenues would be used to fund various transportation and environmental projects. Because of the Governor’s blanket veto threat, it too will undoubtedly be pulled back and temporarily held.
 

Tractor Tax

It was reported in the Capitol Weekly on Tuesday that Joe Fitz, the chief economist for the state Board of Equalization, had done an analysis of the one-cent increase in the state sales tax several weeks prior to the Governor’s public announcement. The thrust of the analysis was that the proposed increase would actually generate about 8% less revenue than projected. What’s interesting, however, is that Fitz also projected increased revenue from “$187million from the elimination of exemptions for some farm equipment and fuel.” There was no other reference to this in the remainder of the article. However, it could be an indication that this issue is on the table in behind scene budget negotiations that are currently being held.

Slow Food Nation Event

With a $2 million program budget and an expected 50,000 attendees, Slow Food Nation (SNF) is hosting a major food event in San Francisco on August 29-31. SNF is a subsidiary non-profit of Slow Food USA and part of the international Slow Food movement. Slow Food was started in 1986 to protest McDonald’s and the fast food culture. It advocates traditional agriculture and food preparation and consumption. SFN is dedicated to creating a framework for deeper environmental connection to food and aims to build a food system that is sustainable, healthy and delicious. SNF leader Alice Waters, the founder of Chez Panisse Restaurant in Berkeley and the author of eight food books, says, “We need to change the ways we grow, distribute and eat food, which needs to be good, clean, and fair. Things are at a crisis point with respect to health and the environment.” The event has an extensive format covering food policy, agricultural production practices and food tasting. More information can be obtained at http://slowfoodnation.org.