Existing law requires the Department of Food and Agriculture, headed by the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state.

This bill would enact the Farmer Equity Act of 2017 and would require the department to ensure the inclusion of socially disadvantaged farmers and ranchers, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified. The bill would require the secretary to create a position within the departments executive office to support the departments efforts to include socially disadvantaged farmers and ranchers in its policies and programs, as specified.

The bill would require the department on or before January 1, 2020, to submit a report to the Governor and the Legislature on efforts to serve socially disadvantaged farmers and ranchers and female farmers and ranchers in California and include recommendations to the Governor and the Legislature on how to improve processes to include socially disadvantaged farmers and ranchers.

Existing law requires the Department of Food and Agriculture, headed by the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state.

This bill would enact the Farmer Equity Act of 2017 and would require the department to ensure the inclusion of socially disadvantaged farmers and ranchers, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified. The bill would require the secretary to create a position within the departments executive office to support the departments efforts to include socially disadvantaged farmers and ranchers in its policies and programs, as specified.

The bill would require the department on or before January 1, 2020, to submit a report to the Governor and the Legislature on efforts to serve socially disadvantaged farmers and ranchers and female farmers and ranchers in California and include recommendations to the Governor and the Legislature on how to improve processes to include socially disadvantaged farmers and ranchers.

Existing law requires the Department of Food and Agriculture, headed by the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state.

This bill would enact the Farmer Equity Act of 2017 and would require the department to ensure the inclusion of socially disadvantaged farmers and ranchers, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified. The bill would require the secretary to create a position within the departments executive office to support the departments efforts to include socially disadvantaged farmers and ranchers in its policies and programs, as specified.

The bill would require the department on or before January 1, 2020, to submit a report to the Governor and the Legislature on efforts to serve socially disadvantaged farmers and ranchers and female farmers and ranchers in California and include recommendations to the Governor and the Legislature on how to improve processes to include socially disadvantaged farmers and ranchers.

Existing law requires the Department of Food and Agriculture, headed by the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state.

This bill would enact the Farmer Equity Act of 2017 and would require the department to be the coordinating agency in state government for socially disadvantaged farmer and rancher programs and would require the department to ensure the inclusion of socially disadvantaged farmers and ranchers, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, as specified. The bill would require the secretary to create a position within the departments executive office to support the departments efforts to include socially disadvantaged farmers and ranchers in its policies and programs, as specified.

The bill would require the department on or before July 1, 2019, January 1, 2020, to submit a report to the Governor and the Legislature on its efforts to serve socially disadvantaged farmers and ranchers and reduce barriers to greater participation in relevant state programs. The bill would require the report to identify community-based groups providing services to socially disadvantaged farmers and ranchers and to female farmers and ranchers in California and include recommendations to the Governor and the Legislature that the department deems necessary. The bill would require the department to also make the report publicly available on its Internet Web site. on how to improve processes to include socially disadvantaged farmers and ranchers.

Existing law provides for the regulation, inspection, and licensing of poultry plants. Existing law prohibits a person from operating a poultry plant unless he had obtained a license.

This bill would make a nonsubstantive change to the latter provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1348

Author:(Aguiar-Curry)

As Amended Ver:June 20, 2017

Majority vote

Original Committee Reference: AGRI.

SUMMARY: This bill would require the California Department of Food and Agriculture (CDFA) to ensure the inclusion of socially disadvantaged farmers and ranchers (SDF) in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.

The Senate amendments exempt Marketing Orders, Commission and Councils from CDFA's evaluation boards, committees, commissions, and advisory panels for opportunities for inclusion of SDF.

EXISTING LAW requires CDFA to promote and protect the agricultural industry of the state.

Federal law:

1. Defines socially disadvantaged group as a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. Some sections of federal code also include gender.
2. Defines SDF as a farmer or rancher who has been subjected to racial or ethnic prejudices because of their identity as a member of a group without regard to their individual qualities. This term means a farmer or rancher who is a member of a socially disadvantaged group. Specifically, a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. The groups include African Americans, American Indians or Alaskan natives, Hispanics, and Asians or Pacific Islanders.
3. Requires the Secretary of the United States Department of Agriculture (USDA) to provide outreach and technical assistance to encourage and assist SDF to own and operate farms and ranches and to participate in agricultural programs.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill has ongoing annual costs of approximately $140,000 for CDFA for one additional position supporting the proposed program.

COMMENTS: A 1994 USDA study showed that the largest loans from USDA went to corporations and white male farmers. The loans given to farmers who were African American averaged 25% less than those given to white farmers. Additionally, the majority of disaster payments, 97%, went to white farmers, while less than 1% of disaster payments went to African American farmers.

Instances such as these led to the codification of SDF in the USDA's 1990 Farm Bill, creating the Outreach and Assistance for Socially Disadvantaged and Veteran Farmers and Ranchers Program (Program). The Program provides grants to organizations that work with historically underserved and socially disadvantaged farmers and assists them in owning and operating farms.

The author states that across urban and rural settings, California's farmers and ranchers are diverse. California has the largest population of Asian-American farmers, and ranks third in the nation of Hispanic farmers. While diversity in farmers continues to increase annually, data from the 2012 census shows that farmers of color tend to farm smaller farms, earn less money on average, and receive 36% less in government funding than their white counterparts.

Currently, the CDFA does not have focused outreach, technical assistance, resources, or decision-making space for socially disadvantaged farmers.

This bill will support socially disadvantaged farmers in California by codifying the definition of Socially Disadvantaged Group and SDF, and establishing CDFA as the coordinating agency for SDF Programs.

This bill would exempt the marketing boards, advisory panels, committees, and commissions, as specified, from the provisions of this bill. These marketing programs were created to provide a means for an agricultural industry, working within a defined organizational structure and under government oversight, to collectively address production, marketing, research, and educational issues of a particular agricultural commodity. They are distinctly different from other boards and panels within CDFA in that they are industry-funded programs funded through grower and/or handler assessment fees. The industry pays for all costs of the marketing program, including all costs for governmental oversight. Due to the fact that these are not government-funded programs, it is argued that these specific agricultural marketing programs should be exempt from the provisions in this bill.

This bill is substantially similar to the version passed by the Assembly.

Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0001698

 THIRD READING  

Bill No: AB 1348

Author:

:

Vote:

SENATE AGRICULTURE COMMITTEE: 4-0, 7/6/17

AYES: Galgiani, Wilk, Dodd, Pan

NO VOTE RECORDED: Berryhill

SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 72-4, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: Rural Coalition/Coalición Rural

DIGEST:

This bill requires the California Department of Food and Agriculture (CDFA) to ensure the inclusion of socially disadvantaged farmers and ranchers in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.

ANALYSIS: Existing law requires CDFA, headed by the Secretary of CDFA, to promote and protect the agricultural industry of the state.

This bill:

1. Makes findings and declarations in regards to the importance of food, farming, and socially disadvantaged farmers and the failure of existing federal policies to provide support to socially disadvantaged farmers and ranchers.
2. Defines “socially disadvantaged group” to mean a group whose members have been subject to racial, ethnic, or gender prejudice. Groups include African Americans, Native Indians, Alaskan Natives, Hispanics, Asian Americans, and Native Hawaiians and Pacific Islanders.
3. Requires CDFA to ensure the inclusion of socially disadvantaged farmers and ranchers in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.
4. Requires the secretary to create a new position within CDFA’s executive office to support these efforts.
5. Requires CDFA to:
   1. Consult with the secretaries of the California Environmental Protection Agency; the Natural Resources Agency; the Business, Consumer Services, and Housing Agency; and the California Health and Human Services Agency on opportunities for socially disadvantaged farmers and ranchers and to coordinate state programs.
   2. Disseminate information regarding opportunities provided by USDA, United States Environmental Protection Agency, the General Accounting Office, the Office of Management and Budget, and other federal agencies for socially disadvantaged farmers and ranchers.
   3. Evaluate boards, committees, commissions, and advisory panels for opportunities for inclusion of socially disadvantaged farmers and ranchers, except for those established in the California Marketing Act of 1937, the Agricultural Producers Marketing Law, and Marketing Advisory and Promotional Agency Laws.
6. Requires CDFA, by January 1, 2020, to submit a report to the Governor and the Legislature on efforts to serve socially disadvantaged farmers and ranchers.

Background

The Office of Advocacy and Outreach within the United States Department of Agriculture (USDA) works to enhance minority and veteran access to USDA programs. Specifically, the Office administers the Outreach and Technical Assistance for Socially Disadvantaged and Veteran Farmers and Ranchers Program (2501 Program), which was established by the Food, Agriculture, Conservation, and Trade Act of 1990.

The 2501 Program’s primary purpose is to “enhance the coordination of outreach, technical assistance, and education efforts, to reach socially disadvantaged and veteran farmers, ranchers and forest landowners in a linguistically appropriate manner and to improve their participation in the full range of USDA programs.” Since 2010, USDA has provided more than $74 million in grants to over 300 eligible community-based and nonprofit organizations, higher education institutions, and tribal entities to provide outreach and technical assistance to socially disadvantaged and veteran farmers and ranchers.

The USDA Farm Service Agency (FSA) has also established a similar office titled “Minority and Socially Disadvantaged Farmers Assistance” to help these farmers apply for FSA loan applications.

According to the most recent 2012 USDA National Agriculture Statistics Survey, less than 20% of California farms are operated by women. In terms of race or ethnicity, 12% of California farm operators are Spanish, Hispanic, or Latino; 2% are American Indian or Alaska Native; 6% are Asian; 0.6% are Black or African American; and 0.4% are Native Hawaiian or other Pacific Islander.

Comments

Discrimination and USDA program participation. In 1994, USDA commissioned a consulting firm, D.J. Miller & Associates, to analyze the participation of minority and female farmers in Farm Service Agency programs and payments. The report found that minority farmers received less than their fair share of USDA money for crop payments, disaster payments, and loans. The largest loans went to corporations and white male farmers (90% combined). Loans to black males averaged 25% less than those given to white males, and 97% of disaster payments went to white farmers. In 1997, a class action lawsuit was filed on behalf of black farmers against USDA for discrimination and failure to respond to discrimination complaints. The suit settled out of court in 1999, and USDA has since paid over $2 billion in cash relief, tax payments, and debt relief.

2501 Program. The definition of socially disadvantaged farmer and the creation of the 2501 Program at USDA were established in law in 1990 to address issues of discrimination and access. As previously stated, this program funds approved entities to provide outreach and technical assistance to socially disadvantaged and veteran farmers and ranchers. This bill codifies the definition of socially disadvantaged farmer or rancher in state law and requires CDFA to ensure the inclusion of socially disadvantaged farmers and ranchers in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.

Marketing boards. This bill exempts the marketing boards, advisory panels, committees, and commissions within the Food and Agricultural Code sections pertaining to the California Marketing Act of 1937, the Agricultural Producers Marketing Law, and Marketing Advisory and Promotional Agency Laws from the provisions of this bill. These marketing programs were created to provide a means for an agricultural industry, working within a defined organizational structure and under government oversight, to collectively address production, marketing, research, and educational issues of a particular agricultural commodity. They are distinctly different from other boards and panels within CDFA in that they are industry-funded programs funded through grower and/or handler assessment fees. The industry pays for all costs of the marketing program, including all costs for governmental oversight. Due to the fact that these are not government-funded programs, it is argued that these specific agricultural marketing programs should be exempt from the provisions in this bill.

Related/Prior Legislation

AB 376 (Chávez, 2017) requires, by July 1, 2018, the California Labor and Workforce Development Agency, the California Department of Veterans Affairs, and CDFA to post information on their respective Web sites to assist, educate, train, and otherwise support California’s military veterans to enter into farming or ranching careers in California. Currently enrolled and to the Governor.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, CDFA would incur annual General Fund costs of $139,000 to implement the provisions of this bill.

SUPPORT: (Verified 9/1/17)

Rural Coalition/Coalición Rural (source)

Agriculture and Land-Based Training Association

Asian American Farmers Alliance

California Alliance of Farmers’ Markets

California Association of Resource Conservation Districts

California Climate and Agriculture Network

California Farmers Union

California FarmLink

Carbon Cycle Institute

Center for Agroecology and Sustainable Food Systems, UC Santa Cruz

Center for Land-Based Learning

Center for Urban Education about Sustainable Agriculture

Coastside Farmers’ Markets

Community Alliance for Agroecology

Community Alliance with Family Farmers

Ecological Farming Association

Farms to Grow, Inc.

Feed the Hunger Foundation

Fresno Economic Opportunities Commission

Friends of the Earth U.S.

Full Belly Farm

Grassroots House

Hmong Innovating Politics

Mandela MarketPlace

National Hmong American Farmers

National Young Farmers Coalition

Northern California Community Loan Fund

Occidental Arts & Ecology Center

Pesticide Action Network, North America

Pie Ranch

Puente de la Costa Sur

Rural Communities Resource Center

San Diego Food System Alliance

San Joaquin Valley Rural Development Center, CSU Fresno

Slow Food Los Angeles

Sustainable Economies Law Center

Yisrael Family Urban Farm

OPPOSITION: (Verified 9/1/17)

None received

ARGUMENTS IN SUPPORT: According to the author, “AB 1348 helps farmers and ranchers of color succeed by providing them with resources, outreach, and technical assistance. Farmers and ranchers of color have historically been underserved in agriculture, such as being denied land ownership and receiving less in government aid. California has the largest population of Asian-American farmers, and ranks third in the nation of Hispanic farmers. However, while the diversity of California’s farmers continues to increase, the census shows that farmers of color continue to manage smaller farms and earn less money. This bill ensures that California has a plan to help more of our farmers succeed.”

ASSEMBLY FLOOR: 72-4, 5/31/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Gallagher, Harper, Obernolte

NO VOTE RECORDED: Choi, Eggman, Kiley, Melendez

Prepared by:

9/5/17 9:50:43

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1348 (Aguiar-Curry) - Farmer Equity Act of 2017

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1348 would require the California Department of Food and Agriculture (CDFA) to ensure the inclusion of socially disadvantaged farmers and ranchers in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.

Fiscal Impact:

CDFA would incur annual General Fund costs of $139,000 to implement the provisions of the bill.

Background:

According to the most recent 2012 USDA National Agriculture Statistics Survey, women operate less than 20 percent of California farms. In terms of race or ethnicity, 12 percent of California farm operators are Spanish, Hispanic, or Latino; 2 percent are American Indian or Alaska Native; 6 percent are Asian; 0.6 percent are Black or African American; and 0.4 percent are Native Hawaiian or other Pacific Islander.

Proposed Law: This bill would do, among other things, do the following:

• Require CDFA to ensure the inclusion of socially disadvantaged farmers and ranchers, as defined, in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs, and require the department to create a new position within its executive office to support these efforts.
• Require CDFA to:
  • Consult with the secretaries of the California Environmental Protection Agency; the Natural Resources Agency; the Business, Consumer Services, and Housing Agency; and the California Health and Human Services Agency on opportunities for socially disadvantaged farmers and ranchers and to coordinate state programs.
  • Disseminate information regarding opportunities provided by USDA, USEPA, the General Accounting Office, the Office of Management and Budget, and other federal agencies for socially disadvantaged farmers and ranchers.
  • Evaluate boards, committees, commissions, and advisory panels for opportunities for inclusion of socially disadvantaged farmers and ranchers, except for those established in the California Marketing Act of 1937, the Agricultural Producers Marketing Law, and Marketing Advisory and Promotional Agency Laws.
• Require CDFA, by January 1, 2020, to submit a report to the governor and the legislature on efforts to serve socially disadvantaged farmers and ranchers.

Related Legislation:

AB 376 (Chávez) would require, by July 1, 2018, the California Labor and Workforce Development Agency, the California Department of Veterans Affairs, and the California Department of Food and Agriculture to post information on their respective websites to assist, educate, train, and otherwise support California’s military veterans to enter into farming or ranching careers in California. The bill is currently pending on the Senate Floor.

Staff Comments:

This bill would (1) codify the definition of socially disadvantaged farmer or rancher in state law, and (2) require CDFA to ensure the inclusion of socially disadvantaged farmers and ranchers in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs. As noted previously, the bill would require CDFA to hire one position to ensure inclusion of socially disadvantaged farmers and ranchers and report, as specified, to the Legislature and the Governor. To perform these obligations, the Department would require one manger position at the cost of $139,000 annually.

-- END --

SENATE COMMITTEE ON AGRICULTURE

Senator Cathleen Galgiani, Chair

2017 - 2018 Regular

Bill No: AB 1348 Hearing Date: 7/6/17

Subject: Farmer Equity Act of 2017

SUMMARY

:

This bill would require the California Department of Food and Agriculture to ensure the inclusion of socially disadvantaged farmers and ranchers in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.

BACKGROUND AND EXISTING LAW

:

The Office of Advocacy and Outreach within the United States Department of Agriculture (USDA) works to enhance minority and veteran access to USDA programs. Specifically, the office administers the Outreach and Technical Assistance for Socially Disadvantaged and Veteran Farmers and Ranchers Program (2501 Program), which was established by the Food, Agriculture, Conservation, and Trade Act of 1990.

The 2501 Program’s primary purpose is to “enhance the coordination of outreach, technical assistance, and education efforts, to reach socially disadvantaged and veteran farmers, ranchers and forest landowners in a linguistically appropriate manner and to improve their participation in the full range of USDA programs.” Since 2010, USDA has provided more than $74 million in grants to over 300 eligible community-based and nonprofit organizations, higher education institutions, and tribal entities to provide outreach and technical assistance to socially disadvantaged and veteran farmers and ranchers.

The USDA Farm Service Agency (FSA) has also established a similar office titled “Minority and Socially Disadvantaged Farmers Assistance” to help these farmers apply for FSA loan applications.

According to the most recent 2012 USDA National Agriculture Statistics Survey, less than 20% of California farms are operated by women. In terms of race or ethnicity, 12% of California farm operators are Spanish, Hispanic, or Latino; 2% are American Indian or Alaska Native; 6% are Asian; 0.6% are Black or African American; and 0.4% are Native Hawaiian or other Pacific Islander.

PROPOSED LAW

:

This bill:

1. Makes findings and declarations in regards to the importance of food, farming, and socially disadvantaged farmers and the failure of existing federal policies to provide support to socially disadvantaged farmers and ranchers.
2. Defines “socially disadvantaged group” to mean a group whose members have been subject to racial, ethnic, or gender prejudice. Groups include African Americans, Native Indians, Alaskan Natives, Hispanics, Asian Americans, and Native Hawaiians and Pacific Islanders.
3. Requires the California Department of Food and Agriculture (CDFA) to ensure the inclusion of socially disadvantaged farmers and ranchers in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.
4. Requires the secretary to create a new position within CDFA’s executive office to support these efforts.
5. Requires CDFA to:
   1. Consult with the secretaries of the California Environmental Protection Agency; the Natural Resources Agency; the Business, Consumer Services, and Housing Agency; and the California Health and Human Services Agency on opportunities for socially disadvantaged farmers and ranchers and to coordinate state programs.
   2. Disseminate information regarding opportunities provided by USDA, USEPA, the General Accounting Office, the Office of Management and Budget, and other federal agencies for socially disadvantaged farmers and ranchers.
   3. Evaluate boards, committees, commissions, and advisory panels for opportunities for inclusion of socially disadvantaged farmers and ranchers, except for those established in the California Marketing Act of 1937, the Agricultural Producers Marketing Law, and Marketing Advisory and Promotional Agency Laws.
6. Requires CDFA, by January 1, 2020, to submit a report to the governor and the legislature on efforts to serve socially disadvantaged farmers and ranchers.

ARGUMENTS IN SUPPORT:

According to the author, “AB 1348 helps farmers and ranchers of color succeed by providing them with resources, outreach, and technical assistance. Farmers and ranchers of color have historically been underserved in agriculture, such as being denied land ownership and receiving less in government aid. California has the largest population of Asian-American farmers, and ranks third in the nation of Hispanic farmers. However, while the diversity of California’s farmers continues to increase, the census shows that farmers of color continue to manage smaller farms and earn less money. This bill ensures that California has a plan to help more of our farmers succeed.”

COMMENTS

:

Discrimination and USDA program participation. In 1994, USDA commissioned a consulting firm, D.J. Miller & Associates, to analyze the participation of minority and female farmers in Farm Service Agency programs and payments. The report found that minority farmers received less than their fair share of USDA money for crop payments, disaster payments, and loans. The largest loans went to corporations and white male farmers (90% combined). Loans to black males averaged 25% less than those given to white males, and 97% of disaster payments went to white farmers. In 1997, a class action lawsuit was filed on behalf of black farmers against USDA for discrimination and failure to respond to discrimination complaints. The suit settled out of court in 1999, and USDA has since paid over $2 billion in cash relief, tax payments, and debt relief.

2501 Program. The definition of socially disadvantaged farmer and the creation of the Outreach and Technical Assistance for Socially Disadvantaged and Veteran Farmers and Ranchers Program at USDA were established in law in 1990 to address issues of discrimination and access. As previously stated, this program funds approved entities to provide outreach and technical assistance to socially disadvantaged and veteran farmers and ranchers. This bill would codify the definition of socially disadvantaged farmer or rancher in state law and require CDFA to ensure the inclusion of socially disadvantaged farmers and ranchers in the development, adoption, implementation, and enforcement of food and agriculture laws, regulations, and policies and programs.

Marketing Boards. This bill would exempt the marketing boards, advisory panels, committees, and commissions within the Food and Agricultural Code sections pertaining to the California Marketing Act of 1937, the Agricultural Producers Marketing Law, and Marketing Advisory and Promotional Agency Laws from the provisions of this bill. These marketing programs were created to provide a means for an agricultural industry, working within a defined organizational structure and under government oversight, to collectively address production, marketing, research, and educational issues of a particular agricultural commodity. They are distinctly different from other boards and panels within CDFA in that they are industry-funded programs funded through grower and/or handler assessment fees. The industry pays for all costs of the marketing program, including all costs for governmental oversight. Due to the fact that these are not government-funded programs, it is argued that these specific agricultural marketing programs should be exempt from the provisions in this bill.

RELATED LEGISLATION

:

AB 376 (Chávez) of 2017. Would require, by July 1, 2018, the California Labor and Workforce Development Agency, the California Department of Veterans Affairs, and the California Department of Food and Agriculture to post information on their respective websites to assist, educate, train, and otherwise support California’s military veterans to enter into farming or ranching careers in California. Currently in the Senate Appropriations Committee.

PRIOR ACTIONS

:

SUPPORT

:

Rural Coalition/Coalición Rural (sponsor)

Agriculture and Land-Based Training Association

Asian American Farmers Alliance

California Association of Resource Conservation Districts

California Climate and Agriculture Network

California FarmLink

Center for Agroecology and Sustainable Food Systems, UC Santa Cruz

Center for Urban Education about Sustainable Agriculture

Coastside Farmers’ Markets

Community Alliance for Agroecology

Community Alliance with Family Farmers

Ecological Farming Association

Farms to Grow, Inc.

Feed the Hunger Foundation

Fresno Economic Opportunities Commission

Friends of the Earth U.S.

Grassroots House

Hmong Innovating Politics

Mandela MarketPlace

National Hmong American Farmers

National Young Farmers Coalition

Northern California Community Loan Fund

Pesticide Action Network, North America

Pie Ranch

Puente de la Costa Sur

Rural Communities Resource Center

San Joaquin Valley Rural Development Center, CSU Fresno

San Diego Food System Alliance

Slow Food Los Angeles

Sustainable Economies Law Center

Yisrael Family Urban Farm

OPPOSITION

:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1348

Author:(Aguiar-Curry)

As Amended Ver:April 19, 2017

Majority vote

SUMMARY: This bill creates the Farmers Equity Act to ensure that socially disadvantaged farmers and ranchers (SDF), as defined, are included in state food and agriculture policymaking. As part of this effort, the California Department of Food and Agriculture (CDFA) must hire one position to support an inclusion program, must consult with other state agencies and distribute relevant information, and must submit a report to the Governor and the Legislature, by January 1, 2020, on CDFA's efforts to serve this population.

EXISTING LAW requires CDFA to promote and protect the agricultural industry of the state.

Federal law:

1. Defines socially disadvantaged group as a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. Some sections of federal code also includes gender.
2. Defines SDF as a farmer or rancher who has been subjected to racial or ethnic prejudices because of their identity as a member of a group without regard to their individual qualities. This term means a farmer or rancher who is a member of a socially disadvantaged group. Specifically, a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. The groups include African Americans, American Indians or Alaskan natives, Hispanics, and Asians or Pacific Islanders.
3. Requires the Secretary of the US Department of Agriculture (USDA) to provide outreach and technical assistance to encourage and assist SDF to own and operate farms and ranches and to participate in agricultural programs.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill has ongoing annual costs of approximately $140,000 for CDFA for one additional position supporting the proposed program.

COMMENTS: A 1994 USDA study showed that the largest loans from USDA went to corporations and white male farmers. The loans given to farmers who were African American averaged 25% less than those given to white farmers. Additionally, the majority of disaster payments, 97%, went to white farmers, while less than 1% of disaster payments went to African American farmers.

Instances such as these led to the codification of SDF in the USDA's 1990 Farm Bill, creating the Outreach and Assistance for Socially Disadvantaged and Veteran Farmers and Ranchers Program (Program). The Program provides grants to organizations that work with historically underserved and socially disadvantaged farmers and assists them in owning and operating farms.

The author states that across urban and rural settings, California's farmers and ranchers are diverse. California has the largest population of Asian-American farmers, and ranks third in the nation of Hispanic farmers. While diversity in farmers continues to increase annually, data from the 2012 census shows that farmers of color tend to farm smaller farms, earn less money on average, and receive 36% less in government funding than their white counterparts.

Currently, the CDFA does not have focused outreach, technical assistance, resources, or decision-making space for socially disadvantaged farmers.

This bill will support socially disadvantaged farmers in California by codifying the definition of Socially Disadvantaged Group and SDF, and establishing CDFA as the coordinating agency for SDF Programs.

Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0000598

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1348

Author:(Aguiar-Curry) – As Amended Ver:April 19, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill creates the Farmers Equity Act to ensure that socially disadvantaged farmers and ranchers, as defined, are included in state food and agriculture policymaking. As part of this effort, the California Department of Food and Agriculture (CDFA) must hire one position to support an inclusion program, must consult with other state agencies and distribute relevant information, and must submit a report to the Governor and the Legislature, by January 1, 2020, on CDFA’s efforts to serve this population.

FISCAL EFFECT:

Ongoing annual costs of approximately $140,000 for CDFA for one additional position supporting the proposed program.

COMMENTS:

Purpose and Background. AB 1348 aims support socially disadvantaged farmers by establishing CDFA as the coordinating agency for programs that provide outreach, technical assistances, and resources to this population. The author notes that across urban and rural settings, California’s farmers and ranchers are diverse. California has the largest population of Asian-American farmers, and ranks third in the nation of Hispanic farmers. While diversity in farmers continues to increase annually, data from the 2012 census shows that farmers of color tend to farm smaller farms, earn less money on average, and receive 36% less in government funding than their white counterparts.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON AGRICULTURE

Anna Caballero, Chair

ABPCA Bill Id:AB 1348

Author:(Aguiar-Curry) – As Amended Ver:April 19, 2017

SUBJECT: Farmer Equity Act of 2017.

SUMMARY: This bill creates the Farmers Equity Act to ensure that socially disadvantaged farmers and ranchers (SDF) are included in state food and agriculture policy making. Specifically, this bill:

1. Makes findings and declarations that farmers of color have not had equitable access to land and other resources in California; that women farmers represent less than a quarter of all farmers in the state; that only 2% of California farmers are women of color in California; that SDFs receive less in federal payments and earn less then farmers on average; that an increasing number of SDFs are attempting to farm in rural and urban areas; and, that the Federal program for SDFs does not provide sufficient technical and financial support.
2. Defines SDF to mean a farmer who is a member of a socially disadvantaged group.
3. Defines a socially disadvantaged group to mean a group whose members have been subjected to racial, or ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. These groups include all of the following:
   1. African Americans;
   2. Native Indians;
   3. Alaskan natives;
   4. Hispanics;
   5. Asian Americans; and,
   6. Native Hawaiians and Pacific Islanders.
4. Defines urban areas as a population of more than 50,000, per the United States (US) Census Bureau.
5. Requires the California Department of Food and Agriculture (CDFA) to include SDF, from both rural and urban areas, in making food and agricultural law, regulations, policies and programs.
6. Requires CDFA's executive office to have a position to support a SDF inclusion program.
7. Requires CDFA to do the following:
   1. Consult with the Secretaries of the California Environmental Protection Agency, the Natural Resources Agency, the Business, Consumer Services and Housing Agency, and the California Health and Human Services Agency, and all other, as specified, on opportunities for SDF and coordination of state programs;
   2. Distribute information regarding services provided for SDF by US federal agencies, as specified; and,
   3. Evaluate boards, commissions and panels within food and agriculture code for opportunities for inclusion of SDF.
8. Requires, on or before January 1, 2020, CDFA to submit a report to the Governor and the Legislature on CDFA efforts to serve SDF and women farmers and ranchers, and recommendations on how to improve processes to include SDFs.

EXISTING LAW requires CDFA to promote and protect the agricultural industry of the state.

Federal law:

1. Defines socially disadvantaged group as a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. Some sections of federal code also includes gender.
2. Defines SDF as a farmer or rancher who has been subjected to racial or ethnic prejudices because of their identity as a member of a group without regard to their individual qualities. This term means a farmer or rancher who is a member of a socially disadvantaged group. Specifically, a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. The groups include African Americans, American Indians or Alaskan natives, Hispanics, and Asians or Pacific Islanders.
3. Requires the Secretary of the US Department of Agriculture (USDA) to provide outreach and technical assistance to encourage and assist SDF to own and operate farms and ranches and to participate in agricultural programs.

FISCAL EFFECT: Unknown

COMMENTS: A 1994 USDA study showed that the largest loans from USDA went to corporations and white male farmers. The loans given to farmers who were African American averaged 25% less than those given to white farmers. Additionally, the majority of disaster payments, 97%, went to white farmers, while less than 1% of disaster payments went to African American farmers.

Instances such as these led to the codification of SDF in the USDA’s 1990 Farm Bill, creating the Outreach and Assistance for Socially Disadvantaged and Veteran Farmers and Ranchers Program (Program). The Program provides grants to organizations that work with historically underserved and socially disadvantaged farmers and assists them in owning and operating farms.

The author states that across urban and rural settings, California’s farmers and ranchers are diverse. California has the largest population of Asian-American farmers, and ranks third in the nation of Hispanic farmers. While diversity in farmers continues to increase annually, data from the 2012 census shows that farmers of color tend to farm smaller farms, earn less money on average, and receive 36% less in government funding than their white counterparts.

Currently, the CDFA does not have focused outreach, technical assistance, resources, or decision-making space for socially disadvantaged farmers.

This bill will support socially disadvantaged farmers in California by codifying the definition of Socially Disadvantaged Group and SDF, and establishing CDFA as the coordinating agency for SDF Programs.

REGISTERED SUPPORT / OPPOSITION:

Support

Agriculture & Land-Based Training Association (ALBA)

Asian Farmers Alliance

California Alliance of Farmers’ Markets

California Association of Resource Conservation Districts

California Certified Organic Farmers (CCOF)

California Climate and Agriculture Network (CalCAN)

California FarmLink

Center for Agroecology and Sustainable Food Systems

Center for Land-Based Learning

Center for Urban Education about Sustainable Agriculture

Coastside Farmers’ Markets

Community Alliance for Agroecology

Community Alliance with Family Farmers

Ecological Farming Association

Farms to Grow, Inc.

Feed the Hunger Foundation

Fresno Economic Opportunities Commission

Friends of the Earth

Grassroots House

National Hmong American Farmers

National Young Farmers Coalition

Northern California Community Loan Fund

Pesticide Action Network

Pie Ranch

Puenta de la Costa Sur

Rural Coalition/Coalición Rural

Rural Communities Resource Center

San Diego Food System Alliance

San Joaquin Valley Rural Development Center

Slow Food Los Angeles

Sustainable Economies Law Center

Opposition

None of file.

Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084