Legislative Wrap-up
Now that the Governor Schwarzenegger has completed his work on the 800+ bills that were dumped into his lap two weeks ago, things should settle down in the Capitol until December 1, when the new 2009-2010 Legislative Session convenes. By the time he finished his work on Tuesday, the Governor set a record for vetoing the highest percentage of bills in a single year, vetoing more than a third of the bills that reached him this year (34.97% in 2008). That's 10% higher than the previous record set by Governor Davis in 2000. Among the vetoes were two major bills strongly opposed by agricultural groups:
- Farm Labor Elections – AB 2386 (Nunez)
Would have added 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. Included in the Governor’s veto message was the following recommendation:
However, as I indicated last year in my veto of SB 180, I remain committed to ensuring that agricultural workers receive all the workplace protections that our labor laws afford. To that end, I am calling for the creation of a dedicated funding source to facilitate enhanced oversight and education in the agricultural industry. I am directing my Labor and Workforce Development Agency to work with the proponents of this bill and all stakeholders to develop a proposal which will create such a program in a fiscally responsible way, for the ultimate benefit of both agricultural employees and employers
- Port Fees – SB 974 (Lowenthal)
Would have imposed a maximum fee of $30 per twenty-foot equivalent unit on each shipping container processed in the Ports of Los Angeles, Long Beach and Oakland to alleviate congestion of the ports by funding projects to improve the flow and efficiency cargo movement and mitigate air pollution.
Three other bills of interest to the affected commodity interests were also vetoed:
- Raw Milk Standards – SB 201 (Florez)
Would have provided alternative health standards for dairy farms that produce and process guaranteed raw milk, or Grade A raw milk.
- Apple Pests – AB 1021 (Berryhill)
Would have required the Secretary of CDFA to appoint an 11-member committee of the California Apple Commission and a scientific advisory panel for the general purpose of preventing the further introduction of identified pests and diseases.
- Beehives – AB 2849 (Evans)
Would have increased fines and penalties on people, who illegally removed beehives from the property on which they were located.
The following bills were signed into law and will take effect on January 1, 2009. Contact me directly if you would like copies of any of the following:
- GMO’s - AB 541 (Huffman)
Establishes sampling and analysis protocols when determining if there is a breach of contract or seed patent infringement of genetically engineered plants and specifies that farmers are not liable for unintended or de minimis breaches of contract or seed patent infringements.
- Junk Dealers – AB 844 (Berryhill)
Requires junk dealers and recyclers to comply with additional recordkeeping requirements and new payment restrictions when purchasing nonferrous materials (i.e., copper, copper alloys, stainless steel, and aluminum, excluding beverage containers). The bill also increases fines and penalties for non-compliance.
- Seed Law – AB 856 (Galgiani)
Provides that CDFA, upon recommendation of the California Seed Advisory Board, has the option to not apportion a $100 subvention to counties without registered seed labelers; and, specifies the apportionment provisions shall remain in effect until January 1, 2010, at which time those provisions shall be repealed.
- Direct Marketing – AB 2168 (Jones)
Authorizes allow individuals, organizations, or entities that purchase produce or products from a farmers' market, farm stand, or retail farm stand to resell that product to another user if there is information provided to trace back the produce back to the point of production.
- Invasive Pests - AB 2763 (Laird)
Requires the CDFA or a county ag commissioner prior to aerial application of a pesticide under an eradication project in an urban area to hold at least one public forum, and have the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment to jointly seek a human and environmental health risk evaluation. It also states legislative intent directing ag commissioners to take an increasing role in urban invasive pests, and list all ingredients in formulating the pesticide used in the eradication project.
- Aerial Application – AB 2765 (Huffman)
Require the secretary of CDFA or the county ag commissioner, before the aerial application of a pesticide, to conduct at least one public hearing to consider all alternatives to aerial application of a pesticide and to seek an evaluation of human health risks and environmental risks jointly prepared by the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment, including findings and recommendations regarding environmental and human risks of the proposed use of a pesticide by aerial application.
- Olive Oil – AB 2824 (Berryhill)
Revises the definition of extra virgin olive oil.
- Williamson Act – AB 2921 (Laird)
Prohibits a city or county from canceling a Williamson Act contract to resolve a material breach, unless the local officials follow the detailed statutory procedures. This bill also provides that if a potential material breach of a Williamson Act contract involves extenuating circumstances, the city or county and the landowner may agree to request that the Department of Conservation meet and confer with them for the purpose of developing resolution of the potential material breach.
- Olive Oil – SB 634 (Wiggins)
Clarifies the definition of olive oil; repeals current licensure provisions; conforms olive oil definitions, grades and labeling requirements to international standards; authorizes the addition of vitamin E to specified olive oils; permits a consumer to re-use a clean olive oil container, can, or drum; and, makes legislative findings and declarations.
- Seed Law – SB 1280 (Maldonado)
Revises the composition of the Seed Advisory Board to consist of seven registered labelers, two persons who receive or possess seed for sale in this state, and two members of the public. The bill also changes labeler registration requirements.
- Property Tax Breaks – SB 1562 (Hollingsworth)
Extends temporary property tax exemptions to any fruit-bearing ,nut-bearing tree or grapevine that was damaged by the extremely strong and damaging winds that commenced on October 20, 2007, and by the wildfires that commenced on October 21, 2007, that were the subject of the Governor's proclamations of a state of emergency.
- California Rice Commission – SB 1623 (Yee)
Makes a number of technical and substantive changes relating to the duties, powers and administration of the California Rice Commission. Significant changes are made to provisions covering investigations, notice of violations and civil penalties.
Farm Credit Remains Strong
Despite the turmoil that’s rocking Wall Street, the Farm Credit System reports that it’s continuing to tap the nation’s debt markets to efficiently bring capital to agriculture. Farm Credit’s capital position remains strong. As of June 30, 2008, Farm Credit had more than $27 billion in capital – up from $21.5 billion at December 31, 2007. Farm Credit’s capital as a percentage of assets was 13.1% at June 30, 2008. Because the farmers, ranchers and agricultural cooperatives that use Farm Credit institutions also own and govern them, mission focus is guaranteed. As cooperatives, Farm Credit institutions do not issue publicly traded stock and therefore avoid the conflict with mission that has troubled other Government Sponsored Enterprises. More detailed financial information can be found at www.farmcredit-ffcb.com.
With the Legislature now in recess, eUpdate will be distributed as newsworthy items and events arise over the next three months.
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