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California Legislative Recap for 2021 By ROGER A. ISOM | President/CEO, Western Agricultural Processors Association This year’s budget includes $90 million in General Funds over the next two years for the Department of Pesticide Regulation (photo by Cathy Merlo.) The 2021 legislative session was an interesting one, still subject to COVID-19 restrictions limiting access to the Capitol, but bolstered by a big surplus budget. All in all, things could have been far worse. The following is a brief summary on the bills we felt were most important to the tree nut industry during this year’s session. AB 73 (R. Rivas) Current law requires the State Department of Public Health and the Office of Emergency Services to establish a personal protective equipment (PPE) stockpile, and requires the department to establish guidelines for the procurement, management and distribution of PPE, taking into account, among other things, the amount of each type of PPE that would be required for all health care workers and essential workers as defined in the state during a 90-day pandemic or other health emergency. This bill would specifically include wildfire smoke events among health emergencies for these purposes and would include agricultural workers in the definition of essential workers. The bill passed out of the Assembly 78-0, passed out of the Senate 37-0 and was signed by the Governor on Sept. 27. AB 284 (R. Rivas) This bill would require the State Air Resources Board, as part of the next scoping plan update and no later than Jan. 1, 2023, to identify a 2045 climate goal with interim milestones for the state’s natural and working lands, and to integrate into the scoping plan update recommendations developed by the Natural Resources Agency and the Department of Food and Agriculture regarding practices, policy and financial incentives, market needs and potential reductions in barriers that would help achieve the 2045 climate goal among other recommendations. The bill was moved to the Inactive File and may be acted upon in January 2022. AB 377 (R. Rivas) This bill would require, by January 1, 2023, the State Water Resources Control Board and regional boards to prioritize enforcement of all water quality standard violations that are causing or contributing to an exceedance of a water quality standard in surface water of the state. The bill would require the state board and regional boards, by January 1, 2025, to evaluate impaired state surface waters and report to the Legislature a plan to bring all water segments into attainment by January 1, 2050. The bill was held on the Assembly Suspense File and may be acted upon January 2022. AB 567 (Bauer-Kahan) Current law generally regulates pesticide use by the Department of Pesticide Regulation and requires the Director of Pesticide Regulation to endeavor to eliminate from use any pesticide that endangers the agricultural or nonagricultural environment. A violation of those provisions and regulations adopted pursuant to those provisions is generally a misdemeanor. Current law requires the department on or before July 1, 2018 to issue a determination with respect to its reevaluation of neonicotinoids and to adopt control measures necessary to protect pollinator health within two years, as specified. This bill would prohibit the use of a neonicotinoid on a seed, as specified. The bill was made into a two-year bill and may be acted upon in January 2022. AB 616 (Stone) This was the big bill of the session. Current law requires the Agricultural Labor Relations Board to certify the results of an election conducted by secret ballot of employees in a collective bargaining unit to designate a collective bargaining representative, unless the board determines there are sufficient grounds to refuse to do so. Current law further provides that if the board refuses to certify an election because of employer misconduct that would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the bargaining representative for the bargaining unit. This bill would refer to the secret ballot election as a polling place election. The bill passed out of the Assembly 50-17, passed out of the Senate 24-11, but was vetoed by the Governor on Sept. 22, 2021. AB 1395 (Muratsuchi) The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every five years. This bill, the California Climate Crisis Act, would declare the policy of the state both to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and achieve Continued on Page 80 78 West Coast Nut <strong>Dec</strong>ember 2021
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WCN Dec e

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