Bill Text: CA AB408 | 2023-2024 | Regular Session | Amended
Bill Title: Climate-resilient Farms, Sustainable Healthy Food Access, and Farmworker Protection Bond Act of 2024.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed - Dead) 2023-09-01 - In committee: Held under submission. [AB408 Detail]
Download: California-2023-AB408-Amended.html
Amended
IN
Senate
August 14, 2023 |
Amended
IN
Senate
July 13, 2023 |
Amended
IN
Assembly
May 25, 2023 |
Amended
IN
Assembly
April 12, 2023 |
Amended
IN
Assembly
March 16, 2023 |
Introduced by Assembly Members Wilson and Connolly (Coauthors: Assembly Members Addis, Garcia, Kalra, Pellerin, Robert Rivas, and Wood) (Coauthors: Senators |
February 02, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Division 49 (commencing with Section 80700) is added to the Public Resources Code, to read:DIVISION 49. Climate-Resilient Farms, Sustainable Healthy Food Access, and Farmworker Protection Bond Act of 2024
CHAPTER 1. General Provisions
80700.
This division shall be known, and may be cited, as the Climate-resilient Farms, Sustainable Healthy Food Access, and Farmworker Protection Bond Act of 2024.80701.
The Legislature finds and declares all of the following:80702.
For purposes of this division, the following definitions apply:80703.
The proceeds of bonds, excluding those issued in accordance with Section 80779, issued and sold pursuant to this division shall be deposited into the Climate-resilient Farms, Sustainable Healthy Food Access, and Farmworker Protection Fund, which is hereby created in the State Treasury. All moneys in the fund, notwithstanding Section 13340 of the Government Code, are hereby continuously appropriated without respect to fiscal years for the purposes of this division.80704.
Up to 5 percent of the moneys made available to each agency pursuant to this division may be used for administrative costs.80705.
(a) Except as provided in subdivision (b), not more than 10 percent of the moneys made available to an administering agency pursuant to each section of this division may be expended for planning and monitoring necessary for the design, selection, and implementation of projects to be funded by those moneys. This section does not restrict the expenditure of moneys ordinarily used by a state agency for “preliminary plans,” “working drawings,” and “construction,” as defined in the annual Budget Act for a capital outlay project or grant project.80706.
(a) In the allocation and administration of funding authorized pursuant to this division, priority shall be given to projects that meet the criteria described in subdivision (b) and leverage private, federal, and local funding or produce the greatest public benefit.80707.
Moneys allocated pursuant to this division shall not be used to fulfill any environmental mitigation requirements imposed by law.80708.
For moneys allocated for a project that serves a disadvantaged community, vulnerable population, socially disadvantaged farmer or rancher, or tribal producer, the administering agency may provide advanced payments in accordance with Section 11019.1 of the Government Code.80709.
(a) Except as specified in subdivision (b), up to 10 percent of the moneys available to an administering agency pursuant to each chapter of this division may be allocated for technical assistance and capacity building. Each administering state agency shall operate a multidisciplinary technical assistance program for this purpose.80710.
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of guidelines, requirements, or selection criteria pursuant to this division.80711.
To the extent consistent with federal law, all proceeds of bonds sold pursuant to this division shall be available to individuals for application in accordance with the applicable chapter of this division regardless of their immigration status.80712.
If any moneys allocated pursuant to this division are not encumbered or expended by the recipient entity within the time period specified by the administering agency, the unexpended moneys shall revert to the administering agency for allocation consistent with the applicable chapter of this division.CHAPTER 2. Improving Agricultural Resilience and Advancing Sustainable Agriculture
80720.
The sum of80720.5.
Up to 10 percent of the moneys allocated pursuant to this chapter may be used for technical assistance to support farmers, ranchers, and tribal producers applying for, designing, developing, and implementing grants, including by providing support for farmers, ranchers, and tribal producers in languages other than English.80721.
Of the moneys made available pursuant to Section 80720,80722.
(a) Of the moneys made available pursuant to Section 80720, one hundred forty million dollars ($140,000,000) shall be available to the Wildlife Conservation Board to implement projects that restore, expand, or maintain multibenefit flood plain reconnection and associated habitat restoration in priority groundwater basins pursuant to the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code). Eligible projects shall provide for flood plain expansion and habitat restoration, resulting in flood risk reduction and groundwater recharge. If a project includes a groundwater subbasin that includes users on tribal land, the implementing entity shall notify the relevant tribal governments, using existing communication or consultation policies if applicable.80723.
Of the moneys made available pursuant to Section 80720, five million dollars ($5,000,000) shall be available to the Department of Pesticide Regulation for grants to socially disadvantaged farmers and ranchers and limited resource farmers or ranchers to implement sustainable pest management projects, including activities such as restoration of nearby habitat.80724.
(a) Of the moneys made available pursuant to Section 80720, thirty-five million dollars ($35,000,000) shall be available to the Department of Forestry and Fire Protection for grants for equipment and infrastructure to support prescribed grazing in order to accomplish vegetation or conservation goals, including reducing the risk of wildfire by reducing fuel loads, controlling undesirable or invasive plants, and promoting biodiversity and habitat for special status species.80725.
Of the moneys made available pursuant to Section 80720,(c)(1)Twenty million dollars ($20,000,000) for grants to install agrivoltaics to strengthen farm viability, safeguard land well-suited for farming and ranching, and further the
state’s renewable energy goals.
(2)Up to 10 percent of the moneys allocated pursuant to this subdivision may be used for planning, design, outreach, training, research, development, and monitoring.
(d)
(e)
80726.
(a) Of the moneys made available pursuant to Section 80720, fifteen million dollars ($15,000,000) shall be available to the Department of Agriculture for grants to enhance and build new infrastructure, including, but not limited to, nurseries, seed banks, and other related plant and seed propagation and distribution facilities, and to support the growing demand for riparian restoration, afforestation, habitat improvements, native plant and grass establishment, shrub and woody planting, and other agroecosystem improvements on natural and working lands.80727.
Of the moneys made available pursuant to Section 80720, seventy million dollars ($70,000,000) shall be available to the Department of Water Resources to support improved climate resilience, which shall be allocated as follows:80728.
(a) Of the moneys made available pursuant to Section 80720, twenty million dollars ($20,000,000) shall be available to the State Energy Resources Conservation and Development Commission for grants to install agrivoltaics to strengthen farm viability, safeguard land well-suited for farming and ranching, and further the state’s renewable energy goals.CHAPTER 3. Protecting the Health and Well-Being of California’s Farmworkers
80730.
The sum of seven hundred fifty million dollars ($750,000,000) shall be available for purposes of this chapter.80731.
(a) Of the moneys made available pursuant to Section 80730, four hundred fifty million dollars ($450,000,000) shall be available to the(b)The Strategic Growth Council shall award grant moneys pursuant to this section for a project only if the project meets all of the following requirements:
(1)The project includes transit and transportation options, including, but not limited to, electric vehicle charging stations, shuttles to public transit or bus services, bus shelters, and benches.
(2)The project is located within two miles of essential services, such as grocery stores, schools, and public libraries.
(3)The project will include the deployment of broadband infrastructure.
(4)The project includes adequate cooling.
(5)The project does not involve financing or other agreements with terms that would result in residency restrictions based on immigration status.
(c)The Strategic Growth
Council shall develop guidelines for the awarding of grants pursuant to this section, and shall do both of the following:
(1)In developing the guidelines, hold public meetings in at least three rural communities, including, but not limited to, meetings in the San Joaquin Valley, the Central Coast, and the Inland Empire. The Strategic Growth Council shall notify all tribal governments within 100 miles of the meeting location at least 60 days in advance.
(2)Develop the guidelines in a manner that prioritizes awarding grants for projects in areas with the highest amount of farmworker housing need.
(d)The Strategic Growth Council shall award grants pursuant to this section only to any of the following eligible
recipients:
(1)Developers.
(2)Nonprofit organizations.
(3)Public agencies.
(4)Tribal governments.
(e)Grant moneys awarded pursuant to this section shall not be used for the construction of single-gender dormitories or other single-gender housing projects.
(f)The Strategic Growth Council may award additional grant moneys to an otherwise eligible affordable farmworker housing project to cover all or a portion of the costs associated with the construction of any of the following facilities if the facilities would both primarily
serve the residents of the farmworker housing and be located in, or adjacent to, the farmworker housing:
(1)Food hubs.
(2)Community centers.
(3)Food stores.
(4)Health care clinics.
(5)Childcare centers.
80732.
(a) Of the moneys made available pursuant to Section 80730, seventy-five million dollars ($75,000,000) shall be available to the Department of Community Services and Development for grants to improve the energy efficiency, indoor air quality, renewable energy use, and climate resilience of farmworker housing, including single-family homes, multifamily buildings, mobilehomes, and manufactured housing.80733.
(a) Of the moneys made available by Section 80730, twenty-five million dollars ($25,000,000) shall be available to the Division of Occupational Safety and Health for the creation of a stockpile of personal protection equipment, including, but not limited to, cloth, disposable, reusable, or certified N95 face masks, for farmworkers to be used during emergencies, such as wildfires or disease outbreaks.80734.
(a) Of the moneys made available pursuant to Section 80730, one hundred million dollars ($100,000,000) shall be available to the State Water Resources Control Board for grants to provide safe drinking water and promote public health for farmworker families who lack access to safe and reliable drinking water sources, including, but not limited to, for projects that include septic tank upgrades or consolidation of septic systems to address water quality contamination and public health threats in farmworker communities and projects that promote resilience and adaptation of small community wastewater treatment facilities at risk from sea level rise or saltwater intrusion, with preference for projects that provide wastewater recharge recycling.80735.
(a) Of the moneys made available pursuant to Section 80730, one hundred million dollars ($100,000,000) shall be available to the Department of Community Services and Development to provide grants to establish farmworker resource centers pursuant to Chapter 8 (commencing with Section 12710) of Part 2 of Division 3 of Title 2 of the Government Code and drinking water infrastructure for farmworkers.CHAPTER 4. Sustainable Healthy Food Access and Nutrition Security
80740.
(a) The sum of seven hundred fifty million dollars ($750,000,000) shall be available for purposes of this chapter.80741.
(a) Of the moneys made available pursuant to Section 80740, three hundred twenty million dollars ($320,000,000) shall be available to the Department of General Services to provide aid to local educational agencies, school food authorities, California American Indian education centers established pursuant to Article 6 (commencing with Section 33380) of Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, the federal Office of Indian Education, schools operated by the federal Bureau of Indian Education, and tribal schools for improving kitchen, meal preparation, meal service, and dining infrastructure used for school nutrition programs, including, but not limited to, any of the following purposes:80742.
(a) Of the moneys made available pursuant to Section 80740, fifty million dollars ($50,000,000) shall be available to the State Department of Social Services to provide aid to participants in the Emergency Food Assistance Program administered by the Food and Nutrition Service of the United States Department of Agriculture, Feeding America food banks located in California, California Association of Food Banks members, nonprofit hunger relief organizations, nonprofit organizations that administer medically tailored meal and grocery programs, emergency meal providers that support county and city shelter activities during emergencies and disasters, senior nutrition programs, operators of the federal Food Distribution Program on Indian Reservations, and other organizations serving Native Americans.80743.
(a) Of the moneys available pursuant to Section 80740, three hundred sixty million dollars ($360,000,000) shall be available to the Department of Food and Agriculture for grants to ensure communities and tribes are able to obtain or produce foods that are healthy, are nutrient dense, are culturally relevant, reflect traditional Native American foodways, and are grown or produced in California, prioritizing California-produced organic food products, for residents who are food insecure or members of a disadvantaged community.80744.
(a) Of the moneys available pursuant to Section 80740, twenty million dollars ($20,000,000) shall be available to the California Department of Aging to fund infrastructure that will expand senior nutrition programs under the Mello-Granlund Older Californians Act (Division 8.5 (commencing with Section 9000) of the Welfare and Institutions Code) or equivalent tribal programs.CHAPTER 5. Strengthening Regional Food Economies
80750.
The sum of nine hundred fifteen million dollars ($915,000,000) shall be available for purposes of this chapter.80751.
(a) Of the moneys made available pursuant to Section 80750, four hundred seventy million dollars ($470,000,000) shall be available to the Department of Food and Agriculture for grants to enhance local and regional food and fiber infrastructure in response to changing climate conditions, to strengthen urban-rural connectivity, and to support the development of a resilient and equitable food economy, including for any of the following purposes:80752.
(a) Of the moneys made available pursuant to Section 80750, thirty million dollars ($30,000,000) shall be available to the State Coastal Conservancy for grants and expenditures for the development, restoration, and reconstruction of fishing facilities and related infrastructure serving the commercial fishing industry in urban coastal waterfront areas.80753.
(a) Of the moneys made available pursuant to Section 80750, sixty million dollars ($60,000,000) shall be available to the Department of Food and Agriculture for grants to develop meat processing facilities and expand or upgrade meat processing facilities to increase meat processing capacity, including for any of the following purposes:80754.
(a) Of the moneys made available pursuant to Section 80750, one hundred ten million dollars ($110,000,000) shall be available to the State Energy Resources Conservation and Development Commission for allocation to accelerate the adoption of energy-efficient and renewable energy technologies at California food processing plants, help California food processors work towards a low-carbon future, and benefit disadvantaged communities and priority populations by reducing emissions of greenhouse gases.80755.
(a) Of the moneys made available pursuant to Section 80750, fifteen million dollars ($15,000,000) shall be available to the Department of Food and Agriculture for grants to develop regional farmer training centers to provide culturally relevant assistance for farmers and ranchers.80756.
(a) Of the moneys made available pursuant to Section 80750, thirty million dollars ($30,000,000) shall be available to the Department of(1)Provide incentives to socially disadvantaged farmers and ranchers and tribal producers.
(2)If, after providing incentives to socially disadvantaged farmers and ranchers pursuant to paragraph (1), there are unallocated moneys, then provide incentives to beginning farmers and ranchers.
(3)If, after providing incentives to socially disadvantaged and beginning farmers and ranchers pursuant to paragraphs (1) and (2), there are unallocated moneys, then provide incentives to any farmer or rancher.