AB 1141: Agricultural lands: agricultural and livestock producers: agricultural pass program: disaster access to farm lands.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-06-13
Current Status:
Failed
(2023-07-03: In committee: Set, first hearing. Hearing canceled at the request of author.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill renames California’s livestock pass to an “agricultural pass” and expands eligibility to commercial agricultural producers (including crop growers) and their managerial employees. It specifies what ID and documentation counties may require, defines who qualifies, and allows pass holders to care for animals, tend or harvest crops, transport livestock, or provide requested local expertise during disasters. Employee participation is voluntary and protected from employer retaliation, and entry into areas closed during a disaster must be approved by the incident commander or law enforcement (the officials running the emergency response).
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law authorizes, upon the approval of a county board of supervisors, a county agricultural commissioner, commissioner or other designated agency, agency to establish within the county a livestock pass program for the purpose of issuing identification documents granting any qualifying livestock producer or a managerial employee of the qualifying livestock producer, access to the qualifying livestock producers ranch property, or to the ranch property owned by another holder of a livestock pass with permission, during or following a flood, storm, fire, earthquake, or other disaster, as provided. Existing law provides that access to specified areas by a livestock passholder to areas closed by specified public safety personnel where a menace to public health or safety exists during a calamity may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee and that when designee. Existing law requires, when this access is granted by emergency response personnel other than the incident commander, that the emergency response personnel shall notify incident command when they grant the livestock passholder access to the ranch property during a disaster. access. Existing law provides that a livestock pass issued by a county in which a livestock pass or equivalent program was established before January 1, 2022, shall be deemed to be in compliance with this livestock pass law until the expiration date noted on the livestock pass or until December 31, 2025, whichever date occurs first. Existing law requires, on or before January July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for livestock producers eligible for this livestock pass program.
This bill would change the name of the livestock pass program to the agricultural pass program and make conforming changes. The bill would also make the agricultural pass program applicable to qualified agricultural producers, as defined. defined, and their managerial employees. The bill would end the exemption that requires a county-authorized pass under an equivalent county program that was established before January 1, 2022, to be deemed in compliance with these state requirements. The bill would instead require the a curriculum for the agricultural pass program to be developed by July 1, 2024. 2024, and would authorize the State Fire Marshal to utilize or adopt a curriculum already developed for a program equivalent to the agricultural pass program. To the extent this bill would impose additional duties on a county board of supervisors in approving agricultural passes for qualified agricultural producers, the bill would impose a state-mandated program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes, upon the approval of a county board of supervisors, a county agricultural commissioner, or other designated agency, to establish within the county a livestock pass program for the purpose of issuing identification documents granting any qualifying livestock producer or a managerial employee of the qualifying livestock producer, access to the qualifying livestock producers ranch property, or to the ranch property owned by another holder of a livestock pass with permission, during or following a flood, storm, fire, earthquake, or other disaster, as provided. Existing law provides that access to specified areas may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee and that when access is granted by emergency response personnel other than the incident commander, the emergency response personnel shall notify incident command when they grant the livestock passholder access to the ranch property during a disaster. Existing law requires, on or before January 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for livestock producers eligible for this livestock pass program.
This bill would instead authorize, upon the approval of a county board of supervisors, a county agricultural commissioner, or other designated agency, to establish within the county an agricultural pass program for the purpose of issuing identification documents granting any qualifying agricultural producer, as defined, or employee of the qualifying agricultural producer, access to the qualifying agricultural producers farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster, as provided. To the extent this bill would impose a new duty on a county board of supervisors in approving the agricultural pass program, the bill would impose a state-mandated program. The bill would no longer require that permission access to specified areas. The bill would make confirming changes to change references made to the livestock pass program to the agricultural pass program.Existing law authorizes specified law enforcement and public safety officers and professionals to close an area where a menace to the public health or safety is created by a calamity, including flood, storm, fire, earthquake, explosion, accident, or other disaster, as provided. Existing law provides that this provision does not apply to an individual who holds a valid livestock pass identification document, except as provided.This bill would instead provide that the above provision does not apply to an individual who holds a valid agricultural pass identification document, except as provided.This bill would change the name of the livestock pass program to the agricultural pass program and make conforming changes. The bill would also make the agricultural pass program applicable to qualified agricultural producers, as defined. The bill would instead require the curriculum to be developed by July 1, 2024. To the extent this bill would impose additional duties on a county board of supervisors in approving agricultural passes for qualified agricultural producers, the bill would impose a state-mandated program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes, upon the approval of a county board of supervisors, a county agricultural commissioner, or other designated agency, to establish within the county a livestock pass program for the purpose of issuing identification documents granting any qualifying livestock producer or a managerial employee of the qualifying livestock producer, access to the qualifying livestock producers ranch property, or to the ranch property owned by another holder of a livestock pass with permission, during or following a flood, storm, fire, earthquake, or other disaster, as provided. Existing law provides that access to specified areas may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee and that when access is granted by emergency response personnel other than the incident commander, the emergency response personnel shall notify incident command when they grant the livestock passholder access to the ranch property during a disaster. Existing law requires, on or before January 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for livestock producers eligible for this livestock pass program.
This bill would instead authorize, upon the approval of a county board of supervisors, a county agricultural commissioner, or other designated agency, to establish within the county an agricultural pass program for the purpose of issuing identification documents granting any qualifying agricultural producer, as defined, or employee of the qualifying agricultural producer, access to the qualifying agricultural producers farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster, as provided. To the extent this bill would impose a new duty on a county board of supervisors in approving the agricultural pass program, the bill would impose a state-mandated program. The bill would no longer require that permission access to specified areas. The bill would make confirming changes to change references made to the livestock pass program to the agricultural pass program.
Existing law authorizes specified law enforcement and public safety officers and professionals to close an area where a menace to the public health or safety is created by a calamity, including flood, storm, fire, earthquake, explosion, accident, or other disaster, as provided. Existing law provides that this provision does not apply to an individual who holds a valid livestock pass identification document, except as provided.
This bill would instead provide that the above provision does not apply to an individual who holds a valid agricultural pass identification document, except as provided.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)For purposes of this chapter, the following definitions apply:
(1)Managerial employee means a person who meets all of the following criteria:
(A)Has management authority with responsibility to oversee the care and well-being of the qualifying livestock producers livestock. livestock or qualifying agricultural producers operations.
(B)Primarily engages in managerial job duties and customarily and regularly exercises discretion and independent judgment in these duties. These duties shall be specified in a written job description issued no later than 90 days before the date of the flood, storm, fire, earthquake, or other disaster.
(C)Earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment at the time of the flood, storm, fire, earthquake, or other disaster.
(2)Qualifying agricultural producer means a commercial agricultural producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code.
(3)Qualifying livestock producer means a commercial livestock producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code.
(b)(1)Upon the approval of a county board of supervisors, a county agricultural commissioner, or other agency designated by the county board of supervisors, is authorized to may establish within that county an agricultural pass program for pursuant to this section. An agricultural pass program created pursuant to this section may be for, but is not limited to, the purpose of issuing identification documents granting any qualifying agricultural producer, qualifying livestock producer, or a managerial employee of the qualifying agricultural producer or qualifying livestock producer, access to the qualifying agricultural producers or qualifying livestock producers farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster.
(2)(A)A managerial employee of a qualifying agricultural producer or qualifying livestock producer shall not be required by the qualifying agricultural producer or qualifying livestock producer to obtain an agricultural pass. Access to a qualifying agricultural producers or qualifying livestock producers farm or ranch by a managerial employee shall be fully voluntary on the part of the managerial employee.
(B)A person shall not require any employee to obtain or use an agricultural pass or to enter or be present on the qualifying agricultural producers or qualifying livestock producers farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster. A person shall not in any manner discriminate, retaliate, or take any adverse action against an employee for refusing to obtain or use an agricultural pass or to enter or be present on the qualifying agricultural producers or qualifying livestock producers farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster. Any person who believes that they have been discriminated or retaliated against in violation of this section may, in addition to any other available remedy, file a complaint pursuant to Section 98.7 of the Labor Code for remedies available under Section 98.6 of the Labor Code.
(C)Nothing in this section shall be construed as requiring a managerial employee of a qualifying agricultural producer or qualifying livestock producer to be present on a farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster.
(c)(1)An applicant for an agricultural pass shall provide, or the relevant county agency shall otherwise obtain, documentation sufficient to demonstrate that the applicant is a commercial agricultural producer or commercial livestock producer, or a managerial employee of a commercial agricultural producer or commercial livestock producer. The documentation may include, but is not limited to, any of the following:
(A)An operator identification number issued by a county agricultural commissioner.
(B)An Internal Revenue Service Schedule F (Form 1040) attesting to the applicants Profit or Loss From Farming.
(C)Assessors parcel numbers confirming agricultural zoning for the property or properties upon which access is sought.
(D)Agricultural land lease documentation.
(E)Documentation attesting to the applicants enrollment in a Williamson Act contract as authorized pursuant to Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code.
(F)Documentation from the United States Department of Agriculture Farm Service Agency attesting that the applicant is a commercial agricultural producer or commercial livestock producer.
(G)Current registration of a livestock brand with the Bureau of Livestock Identification.
(2)An applicant for an agricultural pass shall furnish to the relevant county agency a description or map of all lands owned or managed by the applicant for which disaster access is sought.
(d)(1)Access granted pursuant to an agricultural pass shall be limited to the purposes of sheltering, moving, following purposes:
(A)Sheltering, moving, transporting, evacuating, feeding, watering, or administering veterinary care to livestock, or providing livestock.
(B)Irrigating, harvesting, or other activities necessary for caring for agricultural crops.
(C)Providing local expertise to peace officers and emergency personnel. Local expertise shall only be provided upon the request of peace officers and emergency personnel.
(2)A holder of an agricultural pass may have access to the farm or ranch property that is owned by another holder of an agricultural pass, with permission from that agricultural passholder, for purposes of providing assistance with those activities specified in paragraph (1) during or following a flood, storm, fire, earthquake, or other disaster.
(3)Access under this section to areas closed pursuant to subdivision (a) of Section 409.5 of the Penal Code may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee. When access is granted by emergency response personnel other than the incident commander, the emergency response personnel shall notify incident command that access has been provided to the agricultural passholder.
(4)For purposes of this subdivision, local expertise may include identifying access roads, water points, and other local knowledge that may assist firefighters or other emergency response personnel.
(e)(1)An agricultural pass identification document issued pursuant to subdivision (b) for the purpose of authorizing access during a disaster shall include, at a minimum, all of the following information:
(A)The name of the applicant and cardholder.
(B)The name or names of the farm or ranch to which the cardholder seeks access in the event of a disaster.
(C)The expiration date of the identification document, if an expiration date was established by the county.
(D)The seal or logo of the authorizing agency and the signature of the issuing officer.
(2)An agricultural pass identification document authorizing access during a disaster that does not include a photograph of the cardholder shall not be a valid document for purposes of subdivision (b) unless accompanied by a valid photo identification document issued by the state or federal government.
(f)Notwithstanding this section, an agricultural pass issued by a county in which an agricultural pass or equivalent program was established before January 1, 2022, shall be deemed to be in compliance with this section until the expiration date noted on the agricultural pass or until December 31, 2025, whichever date occurs first.(f)Nothing in this section requires a county to adopt an agricultural pass program, or similar program, pursuant to this section or restricts a countys authority to adopt an agricultural pass program, or similar program, under any other provision of law.
SEC. 3.Section 13105.6 of the Health and Safety Code is amended to read:13105.6.(a)On or before July 1, 2024, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for agricultural producers and livestock producers eligible for the agricultural pass program described in Section 2350 of the Food and Agricultural Code. The curriculum shall, at a minimum, provide education regarding basic fire behavior, communications during a disaster emergency, and incident command structure. The curriculum shall provide for the initial certification as well as the continuing education or recertification of agricultural producers and livestock producers eligible for the agricultural pass program. It is the intent of the Legislature that any certification training utilizing the curriculum developed pursuant to this section be no more than four hours in duration, ensuring that commercial agricultural producers and livestock producers may avail themselves of the curriculum.
(b)Notwithstanding subdivision (a), the State Fire Marshal may utilize or adopt a curriculum already developed for a program equivalent to the agricultural pass program described in Section 2350 of the Food and Agricultural Code.
SEC. 4.Section 409.5 of the Penal Code is amended to read:409.5.(a)Whenever a menace to the public health or safety is created by a calamity including a flood, storm, fire, earthquake, explosion, accident, or other disaster, officers of the Department of the California Highway Patrol, police departments, marshals office or sheriffs office, an officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, an officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, an officer or employee of the Department of Fish and Wildlife designated a peace officer under subdivision (e) of Section 830.2, and a publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of their official duties, may close the area where the menace exists for the duration of the menace by means of ropes, markers, or guards to any and all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area. If the calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions set forth in this section.
(b)Officers of the Department of the California Highway Patrol, police departments, marshals office or sheriffs office, officers of the Department of Fish and Wildlife designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2 may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating any calamity enumerated in this section or any riot or other civil disturbance to any and all unauthorized persons pursuant to the conditions set forth in this section whether or not the field command post or other command post is located near the actual calamity or riot or other civil disturbance.
(c)An unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.
(d)This section shall not prevent a duly authorized representative of a news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section.
(e)This section shall not prevent an individual who holds a valid agricultural pass identification document, pursuant to Section 2350 of the Food and Agricultural Code, from entering the areas closed pursuant to this section, unless a peace officer identified in subdivision (a) finds that the disaster is of such a nature that it would be unsafe for the documentholder to enter or that the presence of the documentholder would interfere with disaster response.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)For purposes of this chapter, the following definitions apply:
(1)Managerial employee means a person who meets all of the following criteria:
(A)Has management authority with responsibility to oversee the care and well-being of the qualifying livestock producers livestock.
(B)Primarily engages in managerial job duties and customarily and regularly exercises discretion and independent judgment in these duties. These duties shall be specified in a written job description issued no later than 90 days before the date of the flood, storm, fire, earthquake, or other disaster.
(C)Earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment at the time of the flood, storm, fire, earthquake, or other disaster.
(2)Qualifying agricultural producer means a commercial agricultural producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code.
(2)(3)Qualifying livestock producer means a commercial livestock producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code.
(b)(1)Upon the approval of a county board of supervisors, a county agricultural commissioner, or other agency designated by the county board of supervisors, is authorized to establish within that county a livestock an agricultural pass program for the purpose of issuing identification documents granting any qualifying agricultural producer, qualifying livestock producer, or a managerial employee of the qualifying agricultural producer or qualifying livestock producer, access to the qualifying agricultural producers or qualifying livestock producers farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster.
(2)(A)A managerial employee of a qualifying agricultural producer or qualifying livestock producer shall not be required by the qualifying agricultural producer or qualifying livestock producer to obtain a livestock an agricultural pass. Access to a qualifying agricultural producers or qualifying livestock producers farm or ranch by a managerial employee shall be fully voluntary on the part of the managerial employee.
(B)A person shall not require any employee to obtain or use a livestock an agricultural pass or to enter or be present on the qualifying agricultural producers or qualifying livestock producers farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster. A person shall not in any manner discriminate, retaliate, or take any adverse action against an employee for refusing to obtain or use a livestock an agricultural pass or to enter or be present on the qualifying agricultural producers or qualifying livestock producers farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster. Any person who believes that they have been discriminated or retaliated against in violation of this section may, in addition to any other available remedy, file a complaint pursuant to Section 98.7 of the Labor Code for remedies available under Section 98.6 of the Labor Code.
(C)Nothing in this section shall be construed as requiring a managerial employee of a qualifying agricultural producer or qualifying livestock producer to be present on a farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster.
(c)(1)An applicant for a livestock an agricultural pass shall provide, or the relevant county agency shall otherwise obtain, documentation sufficient to demonstrate that the applicant is a commercial agricultural producer or commercial livestock producer, or a managerial employee of a commercial agricultural producer or commercial livestock producer. The documentation may include, but is not limited to, any of the following:
(A)An operator identification number issued by a county agricultural commissioner.
(B)An Internal Revenue Service Schedule F (Form 1040) attesting to the applicants Profit or Loss From Farming.
(C)Assessors parcel numbers confirming agricultural zoning for the property or properties upon which access is sought.
(D)Agricultural land lease documentation.
(E)Documentation attesting to the applicants enrollment in a Williamson Act contract as authorized pursuant to Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code.
(F)Documentation from the United States Department of Agriculture Farm Service Agency attesting that the applicant is a commercial agricultural producer or commercial livestock producer.
(G)Current registration of a livestock brand with the Bureau of Livestock Identification.
(2)An applicant for a livestock an agricultural pass shall furnish to the relevant county agency a description or map of all lands owned or managed by the applicant for which disaster access is sought.
(d)(1)Access granted pursuant to a livestock an agricultural pass shall be limited to the purposes of sheltering, moving, transporting, evacuating, feeding, watering, or administering veterinary care to livestock, or providing local expertise to peace officers and emergency personnel. Local expertise shall only be provided upon the request of peace officers and emergency personnel.
(2)A holder of a livestock an agricultural pass may have access to the farm or ranch property that is owned by another holder of a livestock an agricultural pass, with permission from that livestock agricultural passholder, for purposes of providing assistance with those activities specified in paragraph (1) during or following a flood, storm, fire, earthquake, or other disaster.
(3)Access under this section to areas closed pursuant to subdivision (a) of Section 409.5 of the Penal Code may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee. When access is granted by emergency response personnel other than the incident commander, the emergency response personnel shall notify incident command that access has been provided to the livestock agricultural passholder.
(4)For purposes of this subdivision, local expertise may include identifying access roads, water points, and other local knowledge that may assist firefighters or other emergency response personnel.
(e)(1)A livestock An agricultural pass identification document issued pursuant to subdivision (b) for the purpose of authorizing access during a disaster shall include, at a minimum, all of the following information:
(A)The name of the applicant and cardholder.
(B)The name or names of the farm or ranch to which the cardholder seeks access in the event of a disaster.
(C)The expiration date of the identification document, if an expiration date was established by the county.
(D)The seal or logo of the authorizing agency and the signature of the issuing officer.
(2)A livestock An agricultural pass identification document authorizing access during a disaster that does not include a photograph of the cardholder shall not be a valid document for purposes of subdivision (b) unless accompanied by a valid photo identification document issued by the state or federal government.
(f)Notwithstanding this section, a livestock an agricultural pass issued by a county in which a livestock an agricultural pass or equivalent program was established before January 1, 2022, shall be deemed to be in compliance with this section until the expiration date noted on the livestock agricultural pass or until December 31, 2025, whichever date occurs first.
SEC. 3.Section 13105.6 of the Health and Safety Code is amended to read:13105.6.On or before July 1, 2023, 2024, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for agricultural producers and livestock producers eligible for the agricultural pass program described in Section 2350 of the Food and Agricultural Code. The curriculum shall, at a minimum, provide education regarding basic fire behavior, communications during a disaster emergency, and incident command structure. The curriculum shall provide for the initial certification as well as the continuing education or recertification of agricultural producers and livestock producers eligible for the agricultural pass program. It is the intent of the Legislature that any certification training utilizing the curriculum developed pursuant to this section be no more than four hours in duration, ensuring that commercial agricultural producers and livestock producers may avail themselves of the curriculum.
SEC. 4.Section 409.5 of the Penal Code is amended to read:409.5.(a)Whenever a menace to the public health or safety is created by a calamity including a flood, storm, fire, earthquake, explosion, accident, or other disaster, officers of the Department of the California Highway Patrol, police departments, marshals office or sheriffs office, an officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, an officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, an officer or employee of the Department of Fish and Wildlife designated a peace officer under subdivision (e) of Section 830.2, and a publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of their official duties, may close the area where the menace exists for the duration of the menace by means of ropes, markers, or guards to any and all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area. If the calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions set forth in this section.
(b)Officers of the Department of the California Highway Patrol, police departments, marshals office or sheriffs office, officers of the Department of Fish and Wildlife designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2 may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating any calamity enumerated in this section or any riot or other civil disturbance to any and all unauthorized persons pursuant to the conditions set forth in this section whether or not the field command post or other command post is located near the actual calamity or riot or other civil disturbance.
(c)An unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.
(d)This section shall not prevent a duly authorized representative of a news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section.
(e)This section shall not prevent an individual who holds a valid agricultural pass identification document, pursuant to Section 2350 of the Food and Agricultural Code, from entering the areas closed pursuant to this section, unless a peace officer identified in subdivision (a) finds that the disaster presents an imminent harm to the documentholder is of such a nature that it would be unsafe for the documentholder to enter or that the presence of the documentholder would interfere with disaster response.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)Upon the approval of a county board of supervisors, a county agricultural commissioner, or other agency designated by the county board of supervisors, is authorized to establish within that county a livestock an agricultural pass program for the purpose of issuing identification documents granting any qualifying livestock agricultural producer, or a managerial employee of the qualifying livestock agricultural producer, access to the qualifying livestock agricultural producers farm or ranch property during or following a flood, storm, fire, earthquake, or other disaster.
(2)For purposes of this section, a qualifying agricultural producer means a commercial agricultural producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code.
(2)(A)A managerial employee of a qualifying livestock producer shall not be required by the qualifying livestock producer to obtain a livestock pass. Access to a qualifying livestock producers ranch by a managerial employee shall be fully voluntary on the part of the managerial employee.(B)A person shall not require any employee to obtain or use a livestock pass or to enter or be present on the livestock producers ranch property during or following a flood, storm, fire, earthquake, or other disaster. A person shall not in any manner discriminate, retaliate, or take any adverse action against an employee for refusing to obtain or use a livestock pass or to enter or be present on the livestock producers ranch property during or following a flood, storm, fire, earthquake, or other disaster. Any person who believes that they have been discriminated or retaliated against in violation of this section may, in addition to any other available remedy, file a complaint pursuant to Section 98.7 of the Labor Code for remedies available under Section 98.6 of the Labor Code.(C)Nothing in this section shall be construed as requiring a managerial employee of a qualifying livestock producer to be present on a ranch property during or following a flood, storm, fire, earthquake, or other disaster.(c)(b)(1)An applicant for a livestock an agricultural pass shall provide, or the relevant county agency shall otherwise obtain, documentation sufficient to demonstrate that the applicant is a commercial livestock agricultural producer, or a managerial employee of a commercial livestock agricultural producer. The documentation may include, but is not limited to, any of the following:
(A)An operator identification number issued by a county agricultural commissioner. the Department of Pesticide Regulation.
(B)An Internal Revenue Service Schedule F (Form 1040) attesting to the applicants Profit or Loss From Farming.
(C)Assessors parcel numbers confirming agricultural zoning for the property or properties upon which access is sought.
(D)Agricultural land lease documentation.
(E)Documentation attesting to the applicants enrollment in a Williamson Act contract as authorized pursuant to Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code.
(F)Documentation from the United States Department of Agriculture Farm Service Agency attesting that the applicant is a commercial livestock agricultural producer.
(G)Current registration of a livestock brand with the Bureau of Livestock Identification.
(2)An applicant for a livestock an agricultural pass shall furnish to the relevant county agency a description or map of all lands owned or managed by the applicant for which disaster access is sought.
(d)(c)(1)Access granted pursuant to a livestock an agricultural pass shall be limited to the purposes of sheltering, moving, transporting, evacuating, feeding, watering, or administering veterinary care to livestock, irrigating crops, or providing local expertise to peace officers and emergency personnel. Local expertise shall only be provided upon the request of auxiliary support to peace officers and emergency personnel.
(2)A holder of a livestock pass may have access to the ranch property that is owned by another holder of a livestock pass, with permission from that livestock passholder, for purposes of providing assistance with those activities specified in paragraph (1) during or following a flood, storm, fire, earthquake, or other disaster.(3)Access under this section to areas closed pursuant to subdivision (a) of Section 409.5 of the Penal Code may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee. When access is granted by emergency response personnel other than the incident commander, the emergency response personnel shall notify incident command that access has been provided to the livestock passholder.(4)(2)For purposes of this subdivision, local expertise auxiliary support may include identifying access roads, water points, and other local knowledge expertise that may assist firefighters in firefighting or other emergency response personnel. response.
(e)(d)(1)A livestock An agricultural pass identification document issued pursuant to subdivision (b) (a) for the purpose of authorizing access during a disaster shall include, at a minimum, all of the following information:
(A)The name of the applicant and cardholder.
(B)The name or names of the farm or ranch to which the cardholder seeks access in the event of a disaster.
(C)The expiration date of the identification document, if an expiration date was established by the county.
(D)The seal or logo of the authorizing agency and the signature of the issuing officer.
(2)A livestock An agricultural pass identification document authorizing access during a disaster that does not include a photograph of the cardholder shall not be a valid document for purposes of subdivision (b) (a) unless accompanied by a valid photo identification document issued by the state or federal government.
(f)(e)Notwithstanding this section, a livestock an agricultural pass issued by a county in which a livestock an agricultural pass or equivalent program was established before January 1, 2022, shall be deemed to be in compliance with this section until the expiration date noted on the livestock agricultural pass or until December 31, 2025, whichever date occurs first.
SEC. 3.Section 13105.6 of the Health and Safety Code is amended to read:13105.6.On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for livestock agricultural producers eligible for the livestock agricultural pass program described in Section 2350 of the Food and Agricultural Code. The curriculum shall, at a minimum, provide education regarding basic fire behavior, communications during a disaster emergency, and incident command structure. The curriculum shall provide for the initial certification as well as the continuing education or recertification of livestock agricultural producers eligible for the livestock agricultural pass program. It is the intent of the Legislature that any certification training utilizing the curriculum developed pursuant to this section be no more than four hours in duration, ensuring that commercial livestock agricultural producers may avail themselves of the curriculum.
SEC. 4.Section 409.5 of the Penal Code is amended to read:409.5.(a)Whenever a menace to the public health or safety is created by a calamity including a flood, storm, fire, earthquake, explosion, accident, or other disaster, officers of the Department of the California Highway Patrol, police departments, marshals office or sheriffs office, an officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, an officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, an officer or employee of the Department of Fish and Wildlife designated a peace officer under subdivision (e) of Section 830.2, and a publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of their official duties, may close the area where the menace exists for the duration of the menace by means of ropes, markers, or guards to any and all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area. If the calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions set forth in this section.
(b)Officers of the Department of the California Highway Patrol, police departments, marshals office or sheriffs office, officers of the Department of Fish and Wildlife designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2 may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating any calamity enumerated in this section or any riot or other civil disturbance to any and all unauthorized persons pursuant to the conditions set forth in this section whether or not the field command post or other command post is located near the actual calamity or riot or other civil disturbance.
(c)An unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.
(d)This section shall not prevent a duly authorized representative of a news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section.
(e)This section shall not prevent an individual who holds a valid livestock agricultural pass identification document, pursuant to Section 2350 of the Food and Agricultural Code, from entering the areas closed pursuant to this section, unless a peace officer identified in subdivision (a) finds that the disaster is of such a nature that it would be unsafe for the documentholder to enter presents an imminent harm to the documentholder or that the presence of the documentholder would interfere with disaster response.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Jul 3, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 15, 2023 | In committee: Hearing postponed by committee. |
| Jun 13, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI. |
| May 31, 2023 | In committee: Hearing postponed by committee. |
| May 24, 2023 | Referred to Com. on AGRI. |
| May 11, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 1523.) |
| May 4, 2023 | Read second time. Ordered to Consent Calendar. |
| May 3, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3). |
| Apr 18, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 17). Re-referred to Com. on APPR. |
| Mar 29, 2023 | From committee: Do pass and re-refer to Com. on E.M. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 29). Re-referred to Com. on E.M. |
| Mar 27, 2023 | Re-referred to Com. on AGRI. |
| Mar 23, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended. |
| Mar 2, 2023 | Referred to Coms. on AGRI. and E.M. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 11, 2023 | AB 1141 Megan Dahle Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 3, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Emergency Management |
Passed |
|
| Mar 29, 2023 | Do pass and be re-referred to the Committee on [Emergency Management] with recommendation: To Consent Calendar | Assembly Standing Committee on Agriculture |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California Egg Farmers | ** Support | |
| CA Association of Wine Growers | ** Support | |
| California Agricultural Commissioners & Sealers Association | ** Support | |
| California Grain & Feed Association | ** Support | |
| California Institute for Rural Studies | ** Against | |
| California Labor Federation, Afl-Cio | ** Against | |
| California Rural Legal Assistance Foundation | ** Against | |
| CAUSE | ** Against | |
| centro binacional para el desarrollo indigena oaxaqueno | ** Against | |
| Family Winemakers Of California | ** Support | |
| Pacific Egg & Poultry Association | ** Support | |
| Pesticide Action Network | ** Against | |
| United Food And Commercial Workers, Western States Council | ** Against | |
| Wine Institute | ** Support |
SENATE COMMITTEE ON AGRICULTURE
Senator Melissa Hurtado, Chair
2023 - 2024 Regular
Bill No: AB 1141 Hearing Date: 7/3/23
Author: | Megan Dahle | ||
Version: | 6/13/23 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Reichel Everhart | ||
Subject: Agricultural lands: agricultural and livestock producers: agricultural pass program: disaster access to farm lands
SUMMARY
:
This bill would rename the “Livestock Pass” program to the “Agricultural Pass” or “Ag Pass” program and make the Agricultural Pass program applicable to qualified agricultural producers, as defined.
BACKGROUND AND EXISTING LAW
:
Existing state law:
- Establishes the Livestock Pass Program: Allows a county board of supervisors to establish within that county a livestock pass program which grants any qualifying livestock producer, or a managerial employee of the qualifying livestock producer, access to the qualifying livestock producer’s ranch property during or following a flood, storm, fire, earthquake, or other disaster (Food and Agricultural Code, Section 2350).
- States a person shall not require any employee to obtain or use a livestock pass, or to enter, or be present on the livestock producer’s ranch property during or following a flood, storm, fire, earthquake, or other disaster (Food and Agricultural Code, Section 2350 (b)(2)(B)).
- States an agricultural pass issued by a county in which an agricultural pass or equivalent program was established before January 1, 2022, shall be deemed in compliance with this section until the expiration date noted on the pass or until December 31, 2025, whichever date comes first (Food and Agricultural Code, Section 2350 (f)).
- Requires on or before January 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for livestock producers eligible for this livestock pass program (Health and Safety Code, Section 13105.6).
- Defines the following:
- “Managerial employee” to mean a person who meets the following criteria:
- Has management authority with responsibility to oversee the care and well-being of the qualifying livestock producer’s livestock (Food and Agricultural Code, Section 2350 (a)(1)(A)).
- Primarily engages in managerial job duties and customarily and regularly exercises discretion and independent judgment in these duties. These duties shall be specified in a written job description issued no later than 90 days before the date of the flood, storm, fire, earthquake, or other disaster (Food and Agricultural Code, Section 2350 (a)(1)(B)).
- Earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment at the time of the flood, storm, fire, earthquake, or other disaster (Food and Agricultural Code, Section 2350 (a)(1)(C)).
- “Qualifying livestock producer” to mean a commercial livestock producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code (Food and Agricultural Code, Section 2350 (a)(2).
- Health and Safety Code Section 13105.6 states the curriculum shall, at a minimum, provide education regarding basic fire behavior, communications during a disaster emergency, and incident command structure.
- “Managerial employee” to mean a person who meets the following criteria:
PROPOSED LAW
:
This bill:
- Changes the name of the “Livestock Pass” program to the “Agricultural Pass” program and makes conforming changes.
- Defines a “qualifying agricultural producer” to mean a commercial agricultural producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code.
- States nothing in this section requires a county to adopt an Agricultural Pass program, or similar program, pursuant to this section or restricts a county’s authority to adopt an Agricultural Pass program, or similar program, under any other provision of law.
- Authorizes the State Fire Marshal to utilize or adopt a curriculum already developed for a program equivalent to the Agricultural Pass program described in Food and Agricultural Code Section 2350.
- Extends the date for the development of the curriculum by the State Fire Marshal to July 1, 2024.
ARGUMENTS IN SUPPORT:
According to the author:
“AB 1141 builds on the success of the livestock pass program created as a result of AB 1103 which required the State Fire Marshal to establish a statewide training for Livestock Pass holders covering fire behavior and emergency response. This bill will allow the program to include farmers along with ranchers to be trained and allow access to their property safely and responsibly during a wildfire incident or other emergency, safeguarding human health and safety and animal health and welfare.”
The California Grain and Feed Association writes in support of the bill stating it will allow more assistance to be provided to agricultural entities during emergencies by expanding the current Livestock Pass program to allow owner-operators of commercial ranches and farms to become eligible for an Agricultural Pass.
The Family Winemakers of California writes in support stating the bill respects local control to determine whether safe access can be achieved and provides counties with a framework they can use when adopting an Agricultural Pass program.
ARGUMENTS IN OPPOSITION:
A coalition letter from various organizations wrote in opposition to the bill, stating:
“We oppose allowing access to evacuation zones for harvesting and unspecified activities ‘necessary for caring for agricultural crops.’ We must always prioritize protecting workers and public safety over protecting crops. Wildfire and flood conditions can change rapidly and obstruct exit routes so any evacuation zone access allowed should be limited to truly critical activities and these need to be activities that can be completed quickly by a small number of people. We note that the Sonoma Ag Pass program does not allow access for harvesting work.
“Lastly, we oppose amendments to AB 1141 would grandfather in existing agricultural pass programs that have weaker standards, including allowing non-managerial workers to access agricultural sites, than what is provided under this proposal. We request that grandfathered in programs be required to meet the standards in AB 1141 as the floor and if they are not in compliance with AB 1141 that they revise their programs to comply. No agricultural pass program should allow non-managerial workers to risk their health and safety, potentially death, to harvest crops or pursue other necessary activities to care for crops. We urge you to narrow section (d)(1)(B) to irrigation of agricultural crops and require grandfathered agricultural pass programs to meet the requirements, as the floor, in AB 1141.”
COMMENTS
:
The Livestock Pass program was established to allow ranchers access to their property in an emergency to save their livestock and lands. This bill expands the eligibility to allow more agricultural entities access to their land during a disaster emergency.
This bill “grandfathers” in county Agricultural Pass programs that are already in existence. For example, the Napa County Ag Commissioner’s Office has developed an Agricultural Pass program to identify vetted commercial farm and ranch owner-operators to law enforcement and Cal Fire personnel during a disasters. According to their website, Ag Passes “ONLY allow for limited emergency access and ONLY to conduct essential commercial agricultural activities.” Their site continues to list eligibility requirements for the Ag Pass program within the county. If those eligibility requirements are not met, the agricultural commissioner will not issue an Ag Pass (https://www.countyofnapa.org/DocumentCenter/View/27709/2023-Ag-Pass-FAQ-REV-09-22?bidId).
This bill allows the Ag Pass program to use the course created in response to the creation of the Livestock Pass Program. The State Fire Marshal has created a course titled “Incident Safety for Agricultural Lands and Livestock Producers.” This program provides the skills and knowledge needed for agricultural lands and livestock producers to work safely and efficiently in or around an emergency incident (https://osfm.fire.ca.gov/media/nwacjztr/incident-safety-for-agricultural-lands-and-livestock-producers-2023-course-plan.pdf).
The Committee feels it would be prudent to ensure that people who hold an Ag Pass understand they do not have to risk their safety in the event of a fire, drought, or other natural disaster where an Ag Pass would be needed. The author may wish to consider including language in the bill that does the following:
- The State Fire Marshal, through the curriculum developed for the agricultural pass program shall ensure information is made available to each applicant that they are not required to obtain or use an Ag Pass to access an agricultural producer’s farm or ranch during a natural disaster, and they are not to be retaliated against. If the employee feels they have been retaliated against, they are informed there is recourse available to them pursuant to Labor Code Sections 98.7 and 98.6, respectively.
- Information described in 1) needs to be displayed in a conspicuous place, such as a main office, at every farm, ranch, and dairy that may hold an Ag Pass and that information be provided in English and any other language(s) that are spoken at that particular farm, ranch, or dairy.
RELATED LEGISLATION
:
AB 1103 (Chapter 609, Statutes of 2021): This bill established within a county a livestock pass program (Livestock Pass) for the purpose of issuing identifying documents granting any qualifying livestock producer or managerial employee, as defined, to the producer’s ranch property during or following a natural disaster.
PRIOR ACTIONS
:
Assembly Floor: | 66 - 0 |
Assembly Appropriations Committee: | 16 - 0 |
Assembly Agriculture Committee: | 11 - 0 |
SUPPORT
:
Association of California Egg Farmers
CA Association of Wine Growers
California Agricultural Commissioners & Sealers Association
California Grain & Feed Association
Family Winemakers of California
Pacific Egg & Poultry Association
Wine Institute
OPPOSE:
Oppose Unless Amended
California Institute for Rural Studies
California Labor Federation, AFL-CIO
California Rural Legal Assistance Foundation
CAUSE
Centro Binacional Para El Desarrollo Indígena Oaxaqueno
Pesticide Action Network
United Food and Commercial Workers, Western States Council
-- END --
Date of Hearing: May 3, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1141
Author:(Megan Dahle) – As Amended Ver:March 23, 2023
Policy Committee: | Agriculture | Vote: | 11 - 0 |
Emergency Management | 7 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill (1) expands the scope of the current livestock pass program to include “qualifying agricultural producers” (Ag pass program) for the purpose of granting access to a pass holder’s farm or ranch during or following a natural disaster, (2) requires the State Fire Marshal (SFM), by July 1, 2024, to develop a curriculum for agricultural producers eligible for the Ag pass program, and (3) makes other confirming changes.
FISCAL EFFECT:
1) One-time costs of an unknown amount for the SFM to revise its curriculum for the Ag pass program. However, the Department of Forestry and Fire Protection (CAL FIRE) notes it previously contracted with California State University, Sacramento, to develop the existing curriculum for the livestock pass program, which cost CAL FIRE approximately $60,000. This bill requires updates to this curriculum, which would likely cost the department an equivalent or lower amount (General Fund).
2) To the extent this bill imposes additional duties on a county board of supervisors in approving agricultural passes for qualified agricultural producers, this bill imposes a state-mandated local program. To the extent the Commission on State Mandates determines this bill establishes a reimbursable mandated local program, this bill would result in General Fund costs of an unknown amount, potentially in excess of $150,000, for the state to provide such reimbursement.
COMMENTS:
1) Purpose. According to the author:
AB 1141 builds on the success of the livestock pass program created as a result of AB 1103 that required the State Fire Marshal to establish a statewide training for Livestock Pass holders covering fire behavior and emergency response. This Bill will allow the existing program to include farmers along with ranchers to be trained and allow access to their property safely and responsibly during a wildfire incident or other emergency, safeguarding human health and safety and animal health and welfare.
2) Background. According to the University of California Agriculture and Natural Resources (UCANR), when disasters threaten communities, agriculture is typically underserved because orchards, livestock, and crops are not high-priority items for firefighters. Instead, their focus is on lives and structures (largely, residential structures). This leaves a gap in protection for important agricultural resources. As a result, farmers may be left to fend for themselves, even though farm fields may create buffer zones that reduce wildfire impacts in surrounding areas and provide welcome relief to firefighters. Agricultural practitioners have therefore had to seek innovative ways to protect their property and livelihoods. In particular, they have sought access to their land during wildfire evacuations, when certain areas are closed to the general public.
In 2021, AB 1103 (Dahle), Chapter 609, Statutes of 2021, began to address this issue by establishing a livestock pass program to grant access to a livestock producer’s ranch property during or following a natural disaster. It also required the SFM to develop a curriculum for the program. The purpose of the livestock pass program is to identify owner-operators of livestock ranch properties, along with their employees, to firefighting personnel, California Highway Patrol officers, sheriff’s deputies, and other emergency personnel. Possession of a livestock pass during a wildfire or other disaster allows the livestock producer or a managerial employee of the livestock producer access to areas that may otherwise be restricted to the public so that they can protect or care for agricultural assets (such as by irrigating crops or feeding, watering, and transporting livestock) or provide auxiliary support to emergency personnel (such as identification of access roads and water points). This bills expands the current livestock pass program to include agricultural producers.
According to organizations in support of the bill:
Agricultural pass holders will be required to become certified and educated on basic fire behavior, communications during a disaster emergency, and incident command structure. The curriculum will be developed by the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee. This requirement will ensure that safety remains a top priority while ranchers and farmers are able to appropriately protect their animals and property and assist with emergency efforts. Many counties already have agricultural and livestock pass programs, however requirements and parameters differ. AB 1141 will provide clarity while maintaining local control, as county boards of supervisors and county agricultural commissioners remain responsible for approving these passes.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: April 17, 2023
ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT
Freddie Rodriguez, Chair
ABPCA Bill Id:AB 1141 (
Author:Megan Dahle) – As Amended Ver:March 23, 2023
SUBJECT: Agricultural lands: agricultural and livestock producers: agricultural pass program: disaster access to farm lands
SUMMARY: This bill would change the name of the livestock pass program to the agricultural (AG) pass program and make conforming changes, as specified. Specifically, this bill:
1) Changes livestock pass program to a more expansive AG pass program.
2) Defines qualified agricultural producers, for the purpose of the AG pass program, to mean a commercial agricultural producer, as determined by the county agency, who has been certified as successfully completing the AG pass program curriculum.
3) Require the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for AG producers eligible for the AG pass program by July 1, 2024.
EXISTING LAW:
- Allow, upon the approval of a county board of supervisors, a county agricultural commissioner, or other designated agency, to establish a county livestock pass program for the purpose of allowing ranchers to access their property in a disaster emergency. (Food and AG Code 2350)
- Provides that access to specified areas may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee during a disaster, as specified. (Food and AG Code 2350)
- Required, on or before January 1, 2023, the State Fire Marshal to develop a curriculum for livestock producers eligible for this livestock pass program, as specified. (Health and Safety Code 13105.6)
FISCAL EFFECT: Unknown.
COMMENTS:
Double Referred: The Assembly Committee on Agriculture passed this bill out of Committee with a vote of 11-0.
Purpose of the bill: According to the author, “AB 1141 builds on the success of the livestock pass program created as a result of AB 1103 that required the State Fire Marshal to establish a statewide training for Livestock Pass holders covering fire behavior and emergency response. This Bill will allow the existing program to include farmers along with ranchers to be trained and allow access to their property safely and responsibly during a wildfire incident or other emergency, safeguarding human health and safety and animal health and welfare.”
Equity Impact: According to the author’s staff. “Previously negotiated amendments for the former Bill, AB 1103 taken in the Assembly Appropriations committee that came out of conversations with the California Rural Legal Assistance Foundation (CRLAF) and some concern they originally had regarding workforce issues, provide safety and peace of mind to insure employees won’t feel pressured to access lands or keep working when an evacuation order is in place. We took amendments striking references to “employees” and instead clarified that the Ag Pass is intended for use by “managerial employees”. The amendments removed CRLAF’s concern.”
Ongoing and complex disasters are the new normal: In written testimony provided to the House of Representatives Committee on Appropriations in 2021, California’s OES Director states “the State of California arguably faces the most complex and severe disaster conditions in the nation and these challenges and complexities grow in magnitude each year. In the past decade, California has experienced every conceivable type of natural and manmade disaster including drought, earthquake, flood, catastrophic wildfire, mudslides, dam failure, cyber security attacks, oil spills, natural gas leak, civil unrest, terrorism, and tsunami. However, the COVID-19 pandemic has put our emergency management system to the test.”
Unprecedented Wildfire Activity: In Cal FIRE’s 2020 Fire Siege Report, the Director states, “at the end of 2020, we closed the book on, arguably, the worst fire year ever experienced on the west coast, and specifically in California. Since 2015, the term “unprecedented” has been used year over year as conditions have worsened, and the operational reality of a changing climate sets in. In California, the 2020 Fire Siege claimed the lives of 28 civilians and three firefighters, destroyed 9,248 structures and consumed 4.2 million acres. California experienced its first “Gigafire,” with the August Complex consuming over one million acres alone. In August, the SCU and LNU Lightning Complexes were burning at the same time and at the time of containment, were the 3rd and 4th largest fires in California history. The Creek Fire grew to be the largest single fire in California history that did not originate as a complex of fires. Watersheds were eradicated, communities decimated, and the quality of life for 40 million Californians temporarily diminished.”
Additionally, increased residential development in the wildland-urban interface (WUI) has placed more residents in the potential path of destruction. In total, over 11 million people (approximately 25 percent of the state’s population) live in high fire-risk areas, including the WUI.
The 2021 and 2022 Budget Acts committed $2.8 billion over four years to continue strengthening forest and wildfire resilience statewide to mitigate the ongoing impact of climate change on California’s wildlands continues to drive critically dry fuel conditions and longer, more severe fire seasons.
Wildfires and agricultural lands: When disasters threaten communities, agriculture is typically underserved because orchards, livestock, and crops are not high-priority items for firefighters. Instead, their focus is on lives and structures (largely, residential structures). Their focus leaves a gap in protection for critical agricultural resources. As a result, farmers may be left to fend for themselves, even though farm fields may create buffer zones that reduce wildfire impacts in surrounding areas and provide welcome relief to firefighters. Agricultural practitioners have therefore had to seek innovative ways to protect their property and livelihoods. In particular, they have sought access to their land during wildfire evacuations, when certain areas are closed to the general public.
In 2021, AB 1103 (Dahle) Chapter 609, Statutes of 2021 addressed a portion of this issue by establishing a county livestock pass program (Livestock Pass) to grant access to a Livestock Pass-holder’s ranch property during or following a natural disaster. It also required the SFM to develop a curriculum for the Livestock Pass. AB 1141 would expand this program to encompass agricultural producers.
Ag Pass Programs: The purpose of a county-based “Ag Pass” program is to identify owner-operators of commercial farms and ranches, along with their employees, to firefighting personnel, California Highway Patrol officers, Sheriff’s deputies, and other emergency personnel. Possession of an Ag Pass during a wildfire or similar disaster allows the agriculturalist access to areas that may otherwise be restricted to the public so that the agriculturalist can 1) protect or care for agricultural assets (such as by irrigating crops or feeding, watering, and transporting livestock) or 2) provide auxiliary support to emergency personnel (such as identification of access roads and water points).
The following counties have implemented Livestock pass programs or had a prior AG pass program:
Amador
Glenn
Humboldt
Mariposa
Mendocino
Modoc
Monterey
Napa
Nevada
Placer
Plumas
San Diego
Santa Barbara
Santa Clara
Shasta
Siskiyou
Sonoma
Stanislaus
Tulare
Ventura
Yuba
Arguments in support: The California Grain and Feed Association, Pacific Egg and Poultry Association, and Association of California Egg Farms write in support, “Agricultural pass holders will be required to become certified and educated on basic fire behavior, communications during a disaster emergency, and incident command structure. The curriculum will be developed by the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee. This requirement will ensure that safety remains a top priority while ranchers and farmers are able to appropriately protect their animals and property and assist with emergency efforts. Many counties already have agricultural and livestock pass programs, however requirements and parameters differ. AB 1141 will provide clarity while maintaining local control, as county boards of supervisors and county agricultural commissioners remain responsible for approving these passes. For these reasons and more, we encourage your support of AB 1141.”
Previous Legislation: AB 1103 (Dahle) Chapter 609, Statutes of 2021. This bill establishes a county livestock pass program (Livestock Pass) to grant access to a Livestock Pass-holder's ranch property during or following a natural disaster and requires the SFM to develop a curriculum for Livestock Pass.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Egg Farmers
California Grain & Feed Association
Pacific Egg & Poultry Association
Opposition
None on file.
Analysis Prepared by: Ryan Fleming / E.M. / (916) 319-3802
Date of Hearing: March 29, 2023
ASSEMBLY COMMITTEE ON AGRICULTURE
Robert Rivas, Chair
ABPCA Bill Id:AB 1141
Author:Megan Dahle – As Amended Ver:March 23, 2023
SUBJECT: Agricultural lands: agricultural and livestock producers: agricultural pass program: disaster access to farm lands
SUMMARY: This bill would change the name of the livestock pass program to the agricultural (AG) pass program and make conforming changes, as specified. Specifically, this bill:
- Changes livestock pass program to a more expansive AG pass program.
- Defines qualified agricultural producers, for the purpose of the AG pass program to mean a commercial agricultural producer, as determined by the county agency, who has been certified as successfully completing the AG pass program curriculum.
- Require the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for AG producers eligible for the AG pass program by July 1, 2024.
EXISTING LAW:
- Allow, upon the approval of a county board of supervisors, a county agricultural commissioner, or other designated agency, the establishment within the county a livestock pass program for the purpose allowing ranchers to access their property in a disaster emergency. Food and AG Code (FAC) 2350
- Provides that access to specified areas may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee during a disaster, as specified. FAC 2350
- Required, on or before January 1, 2023, the State Fire Marshal to develop a curriculum for livestock producers eligible for this livestock pass program, as specified. Health and Safety Code 13105.6
FISCAL EFFECT: Unknown
COMMENTS: The purpose of a county-based AG Pass program is to identify owner-operators of commercial farms or ranches to firefighting personnel, California Highway Patrol officers, sheriff's deputies, and other emergency personnel. Possession of a AG Pass during a wildfire or similar disaster allows the individual access to areas that may otherwise be restricted to the public so that the agriculturalist can 1) protect or care for livestock assets such as feeding, watering, and transporting livestock, 2) water fields, protect infrastructure or 3) provide auxiliary support to emergency personnel such as identification of access roads and water points.
According to the author, lack of timely access to a farm or ranch during a wildfire or other emergency incident can be devastating to livestock and force farmers and ranchers to make truly difficult decisions. In 2020, one rancher lost hundreds of cattle to the Bear Fire (part of the North Complex Fire) as he struggled to gain access to his rangelands. Many farmers and ranchers have ignored evacuation orders, knowing that once they leave they may not be able to gain return access to care for their animals. Others have been evacuated only to eventually make the difficult choice to bypass roadblocks to access their farm or ranch, risking their safety and a misdemeanor charge to ensure the welfare of their animals. AB 1103 (2021-22) created a standardized training and framework for a livestock pass program (Livestock Pass), allowing ranchers to access their property in an emergency to save their livestock and lands. AB 1141 simply seeks to extend the existing program to farmers/agriculture.
The bill does not affect the portion of current livestock law that protects workers safety and peace of mind to insure employees will not feel pressured to access lands or keep working when an evacuation order is in place.
The following counties have implemented Livestock pass programs or had a prior AG pass program:
Amador
Glenn
Humboldt
Mariposa
Mendocino
Modoc
Monterey
Napa
Nevada
Placer
Plumas
San Diego
Santa Barbara
Santa Clara
Shasta
Siskiyou
Sonoma
Stanislaus
Tulare
Ventura
Yuba
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084
Bill Author
Bill Co-Author(s):