Currrent as of February 4, 2022
Assembly Bill No. 125
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Introduced by Assembly Member Robert Rivas |
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An act to add Division 49 (commencing with Section 80700) to the Public Resources Code, relating to the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Bond Act of 2022, by providing the funds necessary therefor, through an election for the issuance and sale of bonds of the State of California, and for the handling and disposition of those funds.
LEGISLATIVE COUNSEL’S DIGEST
AB 125, as amended, Robert Rivas. Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Bond Act of 2022.
Existing law requires the Department of Food and Agriculture to promote and protect the agricultural industry of the state. Existing law under Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 2/3 vote of each house of the Legislature and a majority of the voters.
This bill would enact the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $3,302,000,000 pursuant to the State General Obligation Bond Law, to finance programs related to, among other things, agricultural lands, food and fiber infrastructure, climate resilience, agricultural professionals, including farmers, ranchers, and farmworkers, workforce development and training, air quality, tribes, disadvantaged communities, nutrition, food aid, meat processing facilities, fishing facilities, and fairgrounds.
The bill would provide for the submission of the bond act to the voters at the November 8, 2022, statewide general election.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no
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. Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Bond Act of 2022
CHAPTER 1. General Provisions
80700.
This division shall be known, and may be cited, as the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Bond Act of 2022.
80701.
The Legislature finds and declares all of the following:
(a) A secure, resilient, sustainable, and equitable food and farming system is essential for the economic and social well-being of the people of California. The COVID-19 public health pandemic has laid bare the vulnerabilities of this system, which is also increasingly threatened by climate change. The scale of these challenges requires a comprehensive approach to achieve sustainability and resiliency, including investments in infrastructure, farms, farmworkers, distribution systems, and food access.
(b) Climate change increases the risk of extreme weather events, biodiversity losses, catastrophic wildfires, and sea level rise, and presents a significant threat to the health, safety, and prosperity of the people of California.
(c) The COVID-19 public health pandemic placed additional strains on California’s essential workers, California’s food and farming services, and the food insecure in California, revealing the vulnerabilities of our food and farming system.
(d) California’s low-income communities of color bear the disproportionate burden of both climate change and pandemic-related impacts.
(e) Since the beginning of the COVID-19 public health pandemic, the number of food-insecure Californians increased by 2,100,000 people, to a total of 6,400,000 food-insecure people in the state.
(f) Food insecurity among schoolaged children has worsened in the state since the closing of schools at the beginning of the COVID-19 public health pandemic.
(g) Farmworkers, a primarily Latino and immigrant workforce, who often live in overcrowded housing, are particularly vulnerable to contracting and dying from the COVID-19 virus and are among the first to bear the impacts of extreme weather events and climate change.
(h) Latino children in California are 91 percent more likely than white children to attend schools with significant pesticide exposure.
(i) Low-income communities of color have less access to healthy foods than higher income communities, and consequently face disproportionately higher rates of diet-related disease.
(j) Farmers who relied on restaurant and institutional supply chains experienced a 50-percent loss in markets at the beginning of the COVID-19 public health pandemic and continue to experience volatile markets as restaurants and other food businesses close.
(k) Among those hardest impacted by the COVID-19 public health pandemic and the climate change crisis are small-scale farmers of color, who are made more vulnerable due to generations of discriminatory lending and market practices and ongoing barriers that prevent them from accessing land, culturally relevant technical support, and recovery initiatives.
(l) Food system essential workers were often required to return to work without the certainty of safety measures to protect their personal health and the well-being of their family members.
(m) Strategic investments in California’s workforce, natural and built infrastructure, climate resilient farms and ranches, regional food infrastructure, food security, tribal nations, and historically underserved communities will help rebuild California’s economy, while increasing the state’s overall resilience against future catastrophes, including climate change.
(n) Sustainable agricultural production, including certified organic production and climate-smart agriculture practices, increases the climate resilience of California’s agriculture sector, while providing cobenefits for the economy, public health, and the environment.
(o) During the peak of the COVID-19 pandemic’s disruption, a record number of farmers applied to the state’s climate smart agriculture programs, showing a growing interest for state investments in climate friendly farming practices and indigenous traditional land management practices.
(p) Investing in farmworkers and food supply-chain workers will help California meet the needs of a 21st century workforce while supporting the well-being of, and safe working conditions for, California’s essential workers.
(q) Building decentralized local and regional food system infrastructure, from production to consumption, will combat hunger, create jobs, and increase long-term resilience in communities throughout the state.
(r) Rebuilding regional food infrastructure investments in key areas, including community and school commercial kitchens, fishing infrastructure, local meat processing facilities, and food hubs for improved distribution, will increase healthy food access for Californians, especially for children, seniors, and other vulnerable populations.
(s) Discriminatory practices left many farmers of color unable to access technical and financial resources. An equitable economic recovery requires direct distribution of funding to socially disadvantaged farmers and ranchers and historically underserved communities of color through tribal governments and entities led by people of color.
(t) Empowering indigenous communities and tribal producers through investments that acknowledge and support their unique traditions and cultural practices will build strong indigenous-driven food systems that benefit all Californians.
(u) The investment of public funds pursuant to this division will result in public, environmental, social, and economic benefits and address inequities in our food and farming systems.
(v) Consumer interest in sustainably-grown organic produce has surpassed in-state supplies in recent years, with demand for organic produce at unprecedented levels during the COVID-19 pandemic as people’s health concerns rose.
80702.
For purposes of this division, the following definitions apply:
(a) “Committee” means the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Finance Committee created pursuant to Section 80802.
(b) “Cultural burn” means understory burning consistent with those practices used by indigenous peoples to promote ecosystem health, including by increasing water runoff into streams, creating habitats for plants and animals, recycling nutrients, enhancing cultural food, fiber, and medicinal resources, or preventing wildfires.
(c) “Disadvantaged community” means any of the following:
(1) A community located in a census tract in which the median household income of less than 80 percent of the area median income as determined by the Department of Housing and Community Development.
(2) A municipality with a population of 20,000 persons or less, a rural county, or a reasonably isolated and divisible segment of a larger municipality where the segment of the population is 20,000 persons or less, with an annual median household income that is less than 85 percent of the statewide median household income.
(3) A community located in a census tract in which the household income of at least 20 percent of the population is at or below the federal poverty level based on family size.
(d) “Food hub” means a centrally located facility with a business management structure facilitating the aggregation, storage, processing, and distribution of locally or regionally produced food products.
(e) “Fund” means the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Fund created pursuant to Section 80703.
(f) “Heat-island effect” means the effect of increased temperatures in urbanized areas caused by structures, such as buildings, roads, and other infrastructure, that absorb and re-emit the sun’s heat more than natural landscapes such as farms, forests, and water bodies.
(g) “Local educational agency” means a charter school, school district, or county office of education.
(h) “Nonprofit organization” means a nonprofit corporation qualified to do business in California and qualified under Section 501(c)(3) of the Internal Revenue Code.
(i) “Prescribed burn” means a planned fire that is used as a land management tool to manage land and prevent wildfires and includes a set of conditions that considers the safety of the public and fire staff, weather, and probability of meeting the burn objectives.
(j) “Priority population” means any of the following:
(1) A community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code.
(2) A low-income household, as defined in Section 39713 of the Health and Safety Code.
(3) A low-income community, as defined in Section 39713 of the Health and Safety Code.
(k) “Producer” means a person, partnership, corporation, or otherwise legally formed farm or ranch that produces agricultural products through agricultural arts on land that the entity owns, rents, leases, sharecrops, or otherwise controls and has the documented legal right to possess. An entity that rents, leases, or otherwise acquires the right to possess property only during the harvest season for the agricultural products produced on that property is not a “producer.”
(l) “Resilience” means the ability of an entity or system, including an individual, community, or natural system, and its component parts to absorb, accommodate, or recover from the effects of a hazardous event in a timely and efficient manner, including through ensuring the preservation, restoration, or improvement of its essential basic structures and functions. In the case of natural and working lands, resilience includes the preservation, restoration, and enhancement of the lands’ ability to sequester carbon.
(m) “School food authorities” has the same meaning as defined in Section 49563 of the Education Code.
(n) “Small- and medium-sized farms” means farms and ranches of 500 acres or less.
(o) “Socially disadvantaged farmer or rancher” has the same meaning as defined in Section 512 of the Food and Agricultural Code.
(p) “State-designated fair” means a state-designated fair as defined in Sections 19418, 19418.1, 19418.2, and 19418.3 of the Business and Professions Code.
(q) “State General Obligation Bond Law” means the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), as it may be amended from time to time.
(r) “Technical assistance” means outreach, education, project planning assistance, project design assistance, grant application assistance, project implementation assistance, and project reporting assistance provided to project applicants.
(s) “Tribal government” means the government of a tribe, tribal agency, or subdivision thereof.
(t) “Tribal organization” means any of the following:
(1) A tribal government.
(2) A legally established organization of natives that is controlled, sanctioned, or chartered by a tribal government, is democratically elected by the adult members of the tribal community to be served by the legally established organization, and maximizes participation of natives in all phases of its activities.
(3) A nonprofit organization chartered under tribal government law or state law that is primarily led by and serves tribal communities.
(u) “Tribal producer” means either of the following:
(1) A member of a tribe who is involved in agricultural production or traditional tending, gathering, hunting, or fishing.
(2) A cultural practitioner who manages land traditionally for food, fiber, ceremonial, or other culture-based purposes.
(v) “Tribe” means a federally recognized Native American tribe or a nonfederally recognized Native American tribe, band, nation, or other organized group or community listed on the California tribal consultation list maintained by the Native American Heritage Commission.
(w) “Vulnerable population” means a subgroup of a population within a region or community that faces a disproportionately heightened risk of, or increased sensitivity to, impacts of climate change and that lacks adequate resources to cope with, adapt to, or recover from those impacts.
80703.
The proceeds of bonds, excluding those issued in accordance with Section 80809, issued and sold pursuant to this division shall be deposited in the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker 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.
(b) Notwithstanding subdivision (a), a state agency administering moneys made available pursuant to a section of this division may use more than 10 percent of those moneys for planning and monitoring necessary for the design, selection, and implementation of projects pursuant to that section if the state agency determines that the additional moneys are needed for projects that benefit disadvantaged communities, vulnerable populations, or socially disadvantaged farmers or ranchers.
(c) A state agency may allocate moneys pursuant to this division to a federal agency if the state agency determines the allocation is the most efficient way to implement this division on federally managed lands.
(d) At least 40 percent of the moneys made available to each agency pursuant to this division shall be allocated to projects that provide direct and meaningful benefits to socially disadvantaged farmers or ranchers, disadvantaged communities, and vulnerable populations, except if the agency allocating those moneys reasonably determines that it cannot allocate the full amount of those moneys consistent with both this subdivision’s requirement and the other applicable requirements of this division, the agency may, notwithstanding this subdivision’s requirement, allocate those moneys consistent with the other applicable requirements of this division in a manner that furthers the fundamental purposes of this subdivision to the greatest extent feasible.
(e) All services, technical assistance, outreach, and support described in this division shall be provided in culturally competent ways that best serve the target population and are fully and equally accessible to those of limited English proficiency.
80706.
(a) In the allocation and administration of funding authorized pursuant to this division, priority shall be given to projects that leverage private, federal, and local funding or produce the greatest public benefit.
(b) To the extent practicable, when allocating moneys pursuant to this division, an agency shall prioritize projects that do any of the following, with greatest prioritization for projects that offer multiple health, economic, social, and environmental benefits:
(1) Support the needs expressed by, and leverage the expertise of, community-based organizations and coalitions, and the constituencies they represent.
(2) Invest in holistic community development efforts, especially in disadvantaged communities, that simultaneously promote public health, environmental stewardship, climate resiliency, social services, and job creation.
(3) Build the infrastructure needed to support and bolster socially disadvantaged farmers or ranchers, especially producers of color and small- and mid-sized farmers and ranchers.
(4) Expand and retrofit infrastructure to meet California’s climate goals and the regional needs of California’s communities.
(5) Emphasize partnerships between community-based and other nonprofit organizations, tribal governments, research institutions, and local governments to support economic development and climate resilience.
(6) Support the formation and continued success of cooperatively owned and operated food and agriculture businesses in historically underserved communities.
(7) Address the needs of historically underserved communities, including the needs of socially disadvantaged farmers or ranchers, disadvantaged communities, and food system workers.
(8) Support the health, safety, and financial security of the food and agriculture workforce.
(9) Accelerate the transition away from synthetic pesticides and fertilizers that degrade soil, air, and water quality and disproportionately harm farmworker communities and communities adjacent to farmland.
(10) Eliminate food insecurity and increase access to healthy food for all Californians.
(11) Acknowledge and protect indigenous knowledge and expertise to build more just, equitable, and resilient tribally led food and farming systems.
(12) Eliminate inequities in land ownership and access, protect farmland, facilitate land tenure, and support farm viability and transition.
(c) A project funded pursuant to this division shall include signage informing the public that the project received funding from the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Bond Act of 2022.
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, or socially disadvantaged farmer or rancher, the administering agency may provide advanced payments in the amount of 50 percent of the allocation to the recipient to initiate the project in a timely manner, and may maintain advance payments in increments of 25 percent of the allocation, as needed, throughout the project’s implementation. The administering agency shall adopt additional requirements for additional advance payments to ensure that the moneys are used properly and the project is completed.
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.
(b) Notwithstanding subdivision (a), an administering agency may exceed the 10-percent limitation if it determines the additional funding is needed to provide technical assistance and capacity building for disadvantaged communities, vulnerable populations, or socially disadvantaged farmers and ranchers.
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.
CHAPTER 2. Improving Agricultural Resilience and Advancing Sustainable Agriculture
80720.
The sum of seven hundred eighty million dollars ($780,000,000) shall be available for purposes of this chapter.
80721.
(a) Of the moneys made available pursuant to Section 80720, four hundred eighty-two million dollars ($482,000,000) shall be available to the Department of Food and Agriculture to improve the climate resilience and sustainability of agricultural lands, and shall be allocated as follows:
(1) (A) One hundred seventy-five million dollars ($175,000,000) shall be allocated for grants for farmers and tribal producers to increase soil organic matter, improve soil structure, and improve water and nutrient holding capacity, in a manner that will increase carbon sequestration and reduce emissions of greenhouse gases.
(B) The Department of Food and Agriculture may use up to 5 percent of the moneys allocated pursuant to this paragraph for demonstration projects.
(2) (A) One hundred million dollars ($100,000,000) shall be allocated for grants for farmers and tribal producers to improve water use efficiency through improved irrigation management, including surface and groundwater use efficiency measures.
(B) In allocating moneys pursuant to this paragraph, the Department of Food and Agriculture shall prioritize improving soil water holding capacity, reducing nutrient run-off, and projects located in priority groundwater basins, as designated in the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code).
(C) The Department of Food and Agriculture may use up to 5 percent of the moneys allocated pursuant to this paragraph for demonstration projects.
(D) The Department of Food and Agriculture may use up to 5 percent of the moneys allocated pursuant to this paragraph to provide farm operation training on irrigation management.
(3) (A) One hundred million dollars ($100,000,000) shall be allocated for grants for livestock and dairy producers to reduce their methane emissions and increase carbon sequestration through the transition from wet manure handling and storage to dry manure handling and storage, including, but not limited to, pasture-based practices, manure composting, solids separation, prescribed grazing, and compost bedded pack barns.
(B) The Department of Food and Agriculture may use up to 5 percent of the moneys allocated pursuant to this paragraph for demonstration projects.
(C) Moneys allocated pursuant to this paragraph shall not be used to fund anaerobic digesters.
(4) (A) Twelve million dollars ($12,000,000) shall be allocated for grants to technical assistance providers, including the University of California Cooperative Extension, resource conservation districts, federally recognized tribal extension programs, tribal resource conservation districts, and nonprofit organizations, to work with farmers to identify, develop, and implement projects that reduce emissions of greenhouse gases, increase carbon sequestration, and improve resilience to increased weather extremes.
(B) The Department of Food and Agriculture may use up to 5 percent of the moneys allocated pursuant to this paragraph for professional development and capacity building for technical assistance providers.
(5) Thirty-five million dollars ($35,000,000) shall be allocated for grants for farmers and tribal producers to transition their farm operations to certified organic operations, including technical assistance to support farmers during a three-year organic farming transition period.
(6) Two million dollars ($2,000,000) shall be allocated for grants for technical assistance providers and university researchers to develop climate change adaptation management tools for farmers and ranchers, including those that develop decision-support tools for farmers and ranchers and tribal producers seeking to incorporate climate change science into their businesses and farm management plans.
(7) Eighteen million dollars ($18,000,000) shall be allocated for grants to university researchers, nonprofit organizations, tribal governments, tribal organizations, and technical assistance providers to support demonstration projects that support farmers in reducing or eliminating synthetic pesticide use and adopting biological control and other alternative pest control methods that reduce toxic chemical use.
(8) Forty million dollars ($40,000,000) shall be allocated for grants for farmers and ranchers to support prescribed grazing infrastructure to support wildfire prevention, improve livestock management, and enhance biodiversity, including fencing and water stations for livestock. Moneys shall be allocated to a recipient pursuant to this paragraph only if the recipient develops a prescribed grazing management plan in coordination with a technical service provider.
(b) In allocating moneys pursuant to this section, the Department of Food and Agriculture shall prioritize small- and medium-sized farmers, socially disadvantaged farmers and ranchers, and farmers and ranchers located in disadvantaged communities.
80722.
(a) Of the moneys made available pursuant to Section 80720, two hundred seventy-three million dollars ($273,000,000) shall be available to the Department of Conservation to protect agricultural land and support improved climate resilience, which shall be allocated as follows:
(1) One hundred twenty-two million five hundred thousand dollars ($122,500,000) shall be allocated for grants to nonprofit organizations, tribal governments, tribal organizations, and public agencies for the protection and enhancement of agricultural lands, including the acquisition of fee title or agricultural conservation easements on agricultural lands, to improve climate resilience, pollinator habitat, California native biodiversity, flood protection, or groundwater recharge.
(2) Five hundred thousand dollars ($500,000) shall be used by the Department of Conservation to consult with tribes and tribal governments to determine where traditional tribal lands are located for the purpose of offering tribes the right of first refusal to purchase their traditional tribal lands and to develop collaborative management processes for land management consistent with tribal goals and access rights.
(3) One hundred twenty-five million dollars ($125,000,000) shall be allocated to improve land access and tenure for socially disadvantaged farmers or ranchers, beginning farmers and ranchers, and farmers and ranchers located in disadvantaged communities, including the acquisition of agricultural lands for the purposes of selling or leasing the acquired agricultural land to socially disadvantaged farmers or ranchers, beginning farmers and ranchers, and farmers and ranchers located in disadvantaged communities. The Department of Conservation may make grants to land trusts or other qualified nonprofit organizations, public agencies, tribal governments, or tribal entities for the purpose of acquiring agricultural lands for lease or sale to socially disadvantaged farmers or ranchers, beginning farmers and ranchers, and farmers and ranchers located in disadvantaged communities, which shall be conditioned upon the lease or sale occurring within three years of the acquisition. Any land acquired pursuant to this paragraph shall be subject to an agricultural conservation easement before its lease or sale.
(4) (A) Fifteen million dollars ($15,000,000) shall be allocated for grants to develop regional farmer training centers to provide culturally relevant assistance for farmers and ranchers.
(B) Applicants eligible for a grant pursuant to this paragraph include nonprofit organizations, tribal governments, tribal organizations, and public agencies.
(C) To be eligible for a grant pursuant to this paragraph, a project shall meet all of the following requirements:
(i) Primarily serve a disadvantaged community.
(ii) Provide assistance to beginning farmers and ranchers.
(iii) Maximize environmental, public health, and economic cobenefits to nearby disadvantaged communities.
(iv) Include an advisory group or body that consists of community members from disadvantaged communities and socially disadvantaged farmers or ranchers involved with, or with knowledge of, sustainable agriculture, organic agriculture, or indigenous land stewardship and agricultural practices.
(D) Projects eligible for a grant pursuant to this paragraph include, but are not limited to, projects that purchase land or build infrastructure to develop regional farmer training sites for socially disadvantaged farmers or ranchers, beginning farmers and ranchers, farmers and ranchers located in disadvantaged communities, and farmworkers entering farm management to share agricultural and ecological knowledge.
(E) In allocating moneys pursuant to this paragraph, the Department of Conservation shall prioritize training sites in disadvantaged communities, and allocate the majority of the grant moneys to projects that serve socially disadvantaged farmers or ranchers or farmers and ranchers located in disadvantaged communities or provide farm management and business training to farmworkers to develop new farm operations.
(5) Five million dollars ($5,000,000) shall be allocated for grants to nonprofit organizations, community colleges, or universities to create farm and ranch land linking programs that connect beginning farmers and ranchers, socially disadvantaged farmers or ranchers, and farmers and ranchers located in disadvantaged communities, seeking agricultural land for farming, with owners of agricultural land for the purpose of establishing secure land tenure and accelerating equitable land access opportunities for beginning farmers and ranchers, socially disadvantaged farmers or ranchers, and farmers and ranchers located in disadvantaged communities.
(6) Five million dollars ($5,000,000) shall be allocated for grants to resource conservation districts pursuant to Section 9408 and tribal resource conservation districts to hire staff with expertise in organic and sustainable agriculture, conservation planning, climate resilience and mitigation management, and the culturally competent provision of services to socially disadvantaged farmers or ranchers.
(b) In allocating moneys pursuant to this section, the Department of Conservation shall prioritize small- and medium-sized farms, socially disadvantaged farmers or ranchers, and farmers and ranchers located in disadvantaged communities.
80723.
(a) Of the moneys made available pursuant to Section 80720, twenty-five million dollars ($25,000,000) shall be available to the Department of Food and Agriculture to support workforce development and the hiring and training of the next generation of agricultural professionals, which shall be allocated as follows:
(1) Ten million dollars ($10,000,000) shall be allocated for grants to the University of California Cooperative Extension to hire farm advisers, community educators, or extension specialists with both specialties in certified organic agriculture, small farm advising, or climate resilience and mitigation management and the cultural competence necessary to provide services to socially disadvantaged farmers or ranchers.
(2) Five million dollars ($5,000,000) shall be allocated for grants to tribal governments, tribal entities, and tribally led programs to support tribal staffing of agricultural or food system managers and tribal food inspectors to further the sustainability of food-sovereignty-related initiatives.
(3) Five million dollars ($5,000,000) shall be allocated for grants to community colleges, universities, and nonprofit organizations to train beginning farmers and ranchers in business planning and farm management, including sustainable and organic agricultural practices, with a focus on climate resilience and mitigation management.
(4) Five million dollars ($5,000,000) shall be allocated for grants to community colleges, universities, and nonprofit organizations to train technical service providers in agriculture and natural resource management, including sustainable and organic agricultural practices, climate resilience and mitigation management, and the culturally competent provision of services to socially disadvantaged farmers and ranchers.
(b) In allocating moneys pursuant to this section, the Department of Food and Agriculture shall ensure that at least 40 percent of the moneys allocated pursuant to this section are allocated to institutions serving majority historically underserved populations.
(c) In allocating moneys pursuant to this section, the Department of Food and Agriculture shall prioritize small- and medium-sized farms, socially disadvantaged farmers or ranchers, and farmers and ranchers located in disadvantaged communities.
CHAPTER 3. Protecting the Health and Well-Being of California’s Farmworkers
80730.
The sum of six hundred thirty-seven million dollars ($637,000,000) 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 Strategic Growth Council established pursuant to Section 75121 to award grants through the Affordable Housing and Sustainable Communities Program administered pursuant to Section 75210 for projects that include the development of multiunit affordable housing for farmworker families and households.
(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.
(c) (1) The Strategic Growth Council shall develop guidelines for the awarding of grants pursuant to this section.
(2) In developing the guidelines, the Strategic Growth Council shall 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.
(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, fifty million dollars ($50,000,000) 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 and multiunit buildings.
(b) Except as specified in subdivision (c), a project shall be eligible for a grant pursuant to this section only if it meets both of the following requirements:
(1) The project provides a diversity of energy efficiency, water efficiency, heating, and cooling upgrades for farmworker housing, including, but not limited to, rooftop solar, solar-powered water heaters, home weatherization, energy efficient appliances, portable or centralized heating, ventilation, air conditioning systems, or energy efficient windows.
(2) The project provides improved indoor air quality measures through the installation of air purifiers or other indoor air quality measures.
(c) The Department of Community Services and Development may award grants pursuant to this section for community greening projects that reduce the heat-island effect, including, but not limited to, community gardens, tree plantings, parks, or bioswales located in, or adjacent to, farmworker housing.
80733.
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.
(b) The State Water Resources Control Board shall award grants pursuant to this section only to nonprofit organizations, technical assistance providers, and tribal governments.
80735.
(a) Of the moneys made available pursuant to Section 80730, twelve million dollars ($12,000,000) shall be available to the Office of Emergency Services to expand its California State Warning Center to include targeted alerts for public health dangers, including, without limitation, all of the following:
(1) The creation of a state notification system, including the development of a backbone telemetry system, that sends text and voice messages, in multiple languages, to residents and farmworkers based on their ZIP Codes to alert them of public health dangers in their area, including, but not limited to, smoke from wildfires or prolonged exposure to extreme temperatures.
(2) Coordination with other emergency system operations partners, and program management.
(3) Maintenance of telemetry infrastructure.
(b) (1) The Office of Emergency Services shall develop guidelines for the allocation of moneys pursuant to this section.
(2) The Office of Emergency Services shall hold at least one public meeting as part of developing the guidelines.
CHAPTER 4. Expanding Healthy Food Access and Combating Hunger
80740.
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, two hundred thirty million dollars ($230,000,000) 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:
(1) New construction or renovation of kitchen facilities, including central kitchens.
(2) New construction or renovation of meal preparation areas, meal service areas, or areas used for dining and drinking water access.
(3) Facility assessments and architectural and engineering services.
(4) Purchase of major equipment, including, but not limited to, refrigeration and freezer systems, dishwashers, convection ovens, steam tables, and point of service systems.
(5) Payment of local building, permitting, or planning fees incurred throughout the design, review, or construction process.
(6) Technical assistance programs pursuant to subdivision (e).
(b) To the greatest extent possible, projects funded pursuant to this section shall be designed to further at least one of the following purposes:
(1) Increase student participation in school meal programs.
(2) Increase access to nutritious, minimally processed, fresh- and freshly prepared foods.
(3) Increase school food authority procurement from local producers, socially disadvantaged farmers or ranchers, farmers and ranchers located in disadvantaged communities, and producers, farmers, and ranchers who use sustainable agricultural practices, including organic agriculture.
(c) Kitchen, meal preparation, meal service, and dining infrastructure improvements funded pursuant to this section may be designed to do either or both of the following:
(1) To be used by multiple local educational agencies.
(2) When not in use by the local educational agency that owns the infrastructure, to be used by any of the following entities or for any of the following purposes:
(A) Food banks.
(B) Adult daycare centers.
(C) Childcare providers.
(D) Operators of summer and after school federal- and state-funded nutrition programs.
(E) Small-scale food businesses.
(F) Workforce development programs.
(G) Community education programs.
(H) Senior nutrition providers.
(I) Homeless shelters.
(J) Faith-based organizations.
(K) The University of California Cooperative Extension expanded food and nutrition education program.
(L) CalFresh healthy living nutrition education programs.
(M) 4-H programs.
(d) (1) At least 75 percent of the moneys allocated pursuant to this section shall be allocated to school food authorities for which at least 50 percent of their students are eligible for free or reduced-price meals.
(2) At least 10 percent of the moneys allocated pursuant to this section shall be allocated to school food authorities for which at least 80 percent of their students are eligible for free or reduced-price meals.
(e) (1) Not more than 10 percent of the moneys allocated pursuant to this section shall be used to develop and implement technical assistance programs.
(2) Technical assistance programs funded pursuant to this subdivision include, but are not limited to, supporting the efforts of administrators and staff of school nutrition programs to do any of the following:
(A) Increase student access and participation in school nutrition programs.
(B) Prepare and serve culturally relevant and traditional Native American foods.
(C) Increase student fruit and vegetable consumption.
(D) Expand procurement of farm-direct California-grown organic produce.
(E) Expand the use of minimally processed, fresh- and freshly prepared food and preparation techniques.
(F) Overseeing the planning, architectural design, and construction oversight processes.
(f) The Department of General Services may provide up to 50 percent of moneys allocated pursuant to this section as a cash advance for actual expenditures made by a recipient.
80742.
(a) Of the moneys made available pursuant to Section 80740, one hundred fifty million dollars ($150,000,000) 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, senior nutrition programs, and operators of the federal Food Distribution Program on Indian Reservations.
(b) Moneys allocated pursuant to this section may only be used to do any of the following:
(1) Support the capacity enhancement and disaster resilience needs of the emergency food delivery system, including, but not limited to, either of the following:
(A) Capital investments needed to support the collection, storage, and distribution of food.
(B) Preparation for, and building resilience to, human-made or natural disasters.
(2) Develop infrastructure required to adequately address the food insecurity needs of Californians irrespective of a declared state of emergency.
(3) Ensure the provision of food that is culturally relevant to program participants, including traditional Native American foods.
(c) In allocating moneys pursuant to this section, the State Department of Social Services shall prioritize procurement from small- to mid-sized farms, socially disadvantaged farmers or ranchers, and farmers or ranchers located in disadvantaged communities.
(d) The State Department of Social Services shall establish an application process for allocating moneys pursuant to this section, which shall not be subject to the approval of the Department of General Services.
(e) In allocating moneys pursuant to this section, the State Department of Social Services shall prioritize applicants that substantially integrate racial equity into the design and implementation of their proposed use of those moneys.
(f) In allocating moneys pursuant to this section, the State Department of Social Services may do one or both of the following:
(1) Provide up to 50 percent of the moneys allocated pursuant to this section as a cash advance for actual expenditures made by the recipient.
(2) Authorize at least 10 percent of the moneys allocated pursuant to this section to be used for personnel or other operational expenses.
80743.
(a) Of the moneys available pursuant to Section 80740, two hundred seventy million dollars ($270,000,000) 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.
(b) The Department of Food and Agriculture, in coordination with the State Department of Public Health, California Department of Aging, State Department of Social Services, and other agencies, shall competitively award grants pursuant to this section to nonprofit organizations, county, city, or tribal governments, tribal organizations, tribal entities, or producers.
(c) In awarding grants pursuant to this section, the Department of Food and Agriculture shall prioritize projects for which a one-time infusion of state dollars will help the project become self-sustaining.
(d) Grant moneys awarded pursuant to this section may be used for any of the following purposes:
(1) Developing year-round infrastructure for certified farmers’ markets, as defined in Section 47004 of the Food and Agricultural Code, or tribe-operated farmers’ markets on Indian Reservations to provide shoppers with high-quality fresh produce sold by California producers with a certified producer’s certificate issued pursuant to Section 47020 of the Food and Agricultural Code, including, but not limited to, all of the following:
(A) Infrastructure such as canopies and shade structures, tables and seating, market stalls, restrooms and hand wash stations, tent weights and tie-downs, produce washing stations, barricades and bollards for traffic management and pedestrian safety, bicycle parking racks, and other equipment.
(B) Facilities for food preparation, cooking demonstrations, and other nutrition education.
(C) Wireless electronic benefits transfer point of sale terminals for market managers and producers to process CalFresh transactions.
(D) Wireless electronic benefits transfer point of sale terminals for producers to accept the electronic cash value benefit through the program designed to implement the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314) pursuant to Section 123279 of the Health and Safety Code.
(E) Other equipment to support the Senior Farmers’ Market Nutrition Program, as described in Section 3007 of Title 7 of the United States Code.
(2) Creating or expanding community-supported agriculture programs, as defined in Section 47060 of the Food and Agricultural Code, including, but not limited to, expenditures for either of the following purposes:
(A) Facilities and supplies for storing, packing, or establishing a main pickup point for produce.
(B) Delivery vehicles for transporting produce directly to residents in disadvantaged communities.
(3) (A) Creating or expanding community food gardens, including community food producers as defined in Section 113752 of the Health and Safety Code, city and suburban agriculture using backyard, rooftop, or balcony gardening, indoor gardening, community gardening in vacant lots and parks, roadside urban fringe agriculture, and livestock grazing in open space, including for any of the following purposes:
(i) Lumber, irrigation systems, electrification projects, tool sheds, greenhouses, fencing, on-site refrigeration for food storage, and vehicles.
(ii) Equipment for food preparation, cooking demonstrations, and agricultural education.
(iii) Other community food garden equipment and supplies.
(iv) Construction of community food gardens at multiunit housing facilities, vacant lots, places of worship, tribal communities, hospitals, and schools.
(v) Purchase of land, prioritizing ownership by community or accredited land trusts.
(vi) Construction of developments that combine housing with farms or community gardens and benefit residents of vulnerable populations or residents located in disadvantaged communities.
(vii) Construction of urban-edge agriculture parks to be leased as multiple small farms for sustainable farming to produce food.
(viii) Local building, permitting, or planning fees incurred throughout the design, review, or construction process to create or expand a community food garden.
(B) Grant moneys awarded pursuant to this paragraph shall primarily benefit disadvantaged communities.
(C) A project funded pursuant to this paragraph shall not be required to have a minimum acreage or minimum amount of production income.
(4) (A) In disadvantaged communities and areas without easy access to supermarkets or grocery stores, creating or expanding mobile produce markets, mobile farmers markets, mobile food carts for selling produce, and mobile food pantries for donating fresh fruits and vegetables, including for any of the following purposes:
(i) The purchase or lease of a bus, truck, van, cart, or other vehicle with space to display produce.
(ii) Retrofitting a vehicle or refrigeration and food safety infrastructure.
(iii) Wireless electronic benefits transfer point of sale terminals for mobile produce markets and mobile farmers’ markets to process CalFresh transactions.
(B) Grant moneys awarded pursuant to this paragraph for the lease or purchase of vehicles shall prioritize fuel-efficient or zero-emission vehicles.
(5) Creating or expanding healthy food access outlets, including to provide infrastructure investments for healthy food access outlets, including food retail, food service, and grocery or meal dropoff facilities, in affordable housing developments or through home delivery, including, but not limited to, any of the following expansions of community or tribal-owned healthy food access outlets:
(A) The Healthy Stores Refrigeration Grant Program created pursuant to Section 49015 of the Food and Agricultural Code, including refrigeration units provided to convenience stores, corner stores, food service facilities, grocery stores located in rural communities or on Indian Reservations, and for use in mobile produce markets.
(B) Refrigeration units in community fridges run through mutual aid projects.
(6) (A) Expanding Food is Medicine programs administered by the State Department of Health Care Services, in collaboration with the California Department of Aging and the federal Indian Health Service.
(B) Grant moneys awarded pursuant to this paragraph shall prioritize infrastructure for the production and distribution of medically tailored meals pursuant to the Medically Tailored Meals Pilot Program established pursuant to Section 14042.1 of the Welfare and Institutions Code, and to support produce prescriptions and food pharmacies, including, but not limited to, all of the following:
(i) Production scale commercial kitchens.
(ii) Refrigeration and freezer capacity.
(iii) Refrigerated vehicles.
(iv) Building improvements to expand capacity for providers of medically tailored meals, produce prescriptions, and food pharmacies.
(C) For purposes of this paragraph, “Food is Medicine programs” are programs prescribed by health care professionals that are designed to meet the dietary and health needs of vulnerable people with chronic and acute illnesses through the Medically Tailored Meals Pilot Program established pursuant to Section 14042.1 of the Welfare and Institutions Code.
(7) Expanding infrastructure to support farm to senior programs that improve senior access to California grown and produced food, focusing on local organic produce and local meat, poultry, and dairy products.
(e) Up to 10 percent of the grant moneys awarded pursuant to this section may be allocated for technical assistance and workforce development for purposes of this section, including training to support the procurement of California-produced organic food.
80744.
(a) Of the moneys available pursuant to Section 80740, one hundred million dollars ($100,000,000) 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).
(b) In allocating moneys pursuant to this section, the California Department of Aging shall prioritize purchasing, upgrading, or refurbishing infrastructure for the production and distribution of congregate or home-delivered meals, including, but not limited to, any of the following:
(1) Production-scale commercial kitchens.
(2) Warming, refrigeration, or freezer capacity.
(3) Refrigerated vehicles.
(4) Building improvements to expand capacity for providers of meals.
(5) Technological or data system infrastructure for monitoring client health outcomes.
(6) Food from local producers, socially disadvantaged farmers or ranchers, farmers and ranchers located in disadvantaged communities, and producers, farmers, and ranchers who use sustainable agricultural practices, including organic agriculture.
(c) Up to 10 percent of the grant moneys awarded pursuant to this section may be allocated for technical assistance and workforce development for purposes of this section.
CHAPTER 5. Strengthening Regional Food Economies
80750.
The sum of seven hundred million dollars ($700,000,000) shall be available for purposes of this chapter.
80751.
Of the moneys made available pursuant to Section 80750, five hundred million dollars ($500,000,000) 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:
(a) To develop or upgrade aggregation, primary processing, cooling, and storage facilities for farm and fiber products, with a focus on regions that have insufficient capacity to meet the needs of farmers.
(b) To develop or upgrade processing facilities and supply chain infrastructure in urban and rural areas, including those that could increase capacity when needed to support emergency food distribution.
(c) To support the development of value-added processing of agricultural products that increase income and market opportunities for farmers and ranchers, including upgrades to producer or handler facilities to comply with organic certification requirements.
(d) To develop or upgrade facilities that support the development and growth of new food and fiber businesses, including commercial or community kitchens and food and fiber processing, cooling, storage, and distribution facilities.
(e) In awarding grants pursuant to this section, the Department of Food and Agriculture shall prioritize all of the following:
(1) Projects that provide culturally relevant food access.
(2) Projects that support job creation, training, and placement.
(3) Projects, such as food hubs and marketing cooperatives, that meet the supply chain and marketing needs of locally and regionally produced food and fiber products.
(f) The Department of Food and Agriculture shall award grants pursuant to this section only to farmers, ranchers, nonprofit organizations, local governments, tribal governments, and businesses, including cooperatives.
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.
(b) The State Coastal Conservancy shall award grants and make expenditures pursuant to this section only to public entities, nonprofit organizations, and tribal governments, that provide fishing facilities and related infrastructure to the commercial fishing industry.
(c) For purposes of this section, “fishing facilities and related infrastructure” include, but are not limited to, fish handling and processing infrastructure and facilities, such as public hoists, ice machines, gear storage, refrigeration, freezers, and other processing facilities, and canneries.
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 all of the following purposes:
(1) To build, expand, or upgrade meat processing infrastructure for slaughter, cut and wrap, and value-added processing.
(2) To develop mobile meat processing facilities that meet federal inspection and certification guidelines and can serve multiple meat producers.
(3) To upgrade inspection protocols and data and communication hardware commensurate with a robust meat inspection service to enable interstate and intrastate sales of meat and poultry from state inspected plants.
(4) To reimburse all or a portion of the costs associated with meeting federal inspection and certification requirements.
(b) The Department of Food and Agriculture shall award grants pursuant to this section only to meat processing or tribal businesses that have less than 150 employees.
(c) In awarding grants pursuant to this section, the Department of Food and Agriculture shall prioritize disadvantaged communities and tribal nations.
80754.
(a) Of the moneys made available pursuant to Section 80750, ten million dollars ($10,000,000) shall be available to the Department of Food and Agriculture for grants to community colleges, universities, technical and vocational schools, tribal governments, tribal organizations, and educational institutions to provide workforce safety and development training for the meat and poultry processing industry, including to establish or expand career training programs in the meat and poultry processing industry and workforce development in humane slaughter for on-farm, fixed, and mobile systems operation, craft butchery skills, charcuterie arts, and meat processing inspection.
(b) In awarding grants pursuant to this section, the Department of Food and Agriculture shall prioritize projects that serve disadvantaged communities and tribal nations.
80755.
(a) Of the moneys made available pursuant to Section 80750, one hundred million dollars ($100,000,000) shall be available to the State Energy Resources Conservation and Development Commission for allocation to accelerate the adoption of energy efficiency 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.
(b) Allocations received by a food processor pursuant to this section shall be used to demonstrate the food processor’s reliability and effectiveness.
(c) In allocating moneys pursuant to subdivision (a), the State Energy Resources Conservation and Development Commission shall prioritize food processors that primarily serve local and regional in-state markets.
(d) Up to 5 percent of the moneys allocated pursuant to subdivision (a) may be used to provide technical assistance, including program outreach, to potential applicants for project development, completing applications, and project implementation. Of these moneys allocated for technical assistance, the State Energy Resources Conservation and Development Commission shall prioritize supporting small-scale food processors supplying local and regional in-state markets.
CHAPTER 6. Protecting Groundwater Resources
80760.
(a) The sum of seventy-five million dollars ($75,000,000) shall be available to support the implementation of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code).
(b) (1) Of the amount made available pursuant to subdivision (a), fifty million dollars ($50,000,000) shall be available to the Department of Conservation for grants to groundwater sustainability agencies, counties, local agencies designated by a groundwater sustainability agency or county, and nongovernmental organizations designated by a groundwater sustainability agency or county for development or implementation of local programs supporting or facilitating reduced use of groundwater and multibenefit land repurposing at the basin scale.
(2) Of the amount made available pursuant to subdivision (a), twelve million five hundred thousand dollars ($12,500,000) shall be available to the Department of Food and Agriculture for technical assistance grants to support farmers and ranchers located in critically overdrafted basins in the San Joaquin Valley to reach water use reduction goals established pursuant to the Sustainable Groundwater Management Act.
(3) Of the amount made available pursuant to subdivision (a), twelve million five hundred thousand dollars ($12,500,000) shall be available to the Department of Water Resources for grants to groundwater sustainability agencies in the San Joaquin Valley and Central Coast for the purpose of assisting small- and medium-sized farms, socially disadvantaged farmers or ranchers, and farmers and ranchers located in disadvantaged communities in meeting their requirements under the Sustainable Groundwater Management Act. Projects eligible for grants pursuant to this paragraph include, but are not limited to, the lowering and metering of wells.
CHAPTER 7. Supporting 21st Century Ecological Pest Management
80770.
(a) The sum of ten million dollars ($10,000,000) shall be available to the Department of Food and Agriculture for grants to nonprofit organizations, public agencies, tribal governments, tribal organizations, crop or pest advisers, farmers, and insectaries to construct insectaries to produce beneficial organisms in support of ecological integrated pest management.
(b) Projects eligible for a grant pursuant to this section include, but are not limited to, all of the following:
(1) The construction of climate-controlled rooms and greenhouses, including, but not limited to, offices, labs, and storage spaces.
(2) The purchase of equipment, including, but not limited to, vacuum and other monitoring and insect release equipment.
(3) The purchase of vehicles, including, but not limited to, for transport for monitoring and releasing beneficial organisms, such as pickups, three-wheelers, and drones.
(4) The purchase of electronic equipment for computing, communications, telecomputing, and community education.
(5) The purchase of monitoring equipment and purchase of data collection and mapping software to monitor and map the habitats of pollinators and beneficial pest predators that provide critical ecosystem services.
(c) In awarding grants pursuant to this section, the Department of Food and Agriculture shall prioritize projects that provide biological control tools for specific crop and pest problems of the region in which the insectary is located.
(d) Up to 10 percent of the moneys made available pursuant to this section may be used for design and planning expenses.
CHAPTER 8. Reducing Food Waste and Increasing Compost Production
80780.
(a) The sum of two hundred million dollars ($200,000,000) shall be available to the Department of Resources Recycling and Recovery for grants or performance payments to commercial compost facilities, public agencies, tribal governments, tribal organizations, producers, or tribal producers to support the development and implementation of projects to improve outdoor air quality through avoidance of black carbon and of nitrous oxide and methane emissions through increased diversion of organics from combustion or landfill disposal.
(b) To support immediate infrastructure deployments to create jobs and promote economic recovery, the Department of Resources Recycling and Recovery shall award grants or make performance payments for compost infrastructure and food recovery projects at existing and new community composting facilities, on-farm composting facilities, and commercial composting facilities to reduce short-lived climate pollutants and nitrous oxide emissions and to support sequestration of carbon in the state’s agricultural and urban soils, including any programs subsequently adopted by the Legislature to develop long-term funding for these categories of projects.
CHAPTER 9. Rebuilding and Greening State and County Fairgrounds
80785.
(a) The sum of one hundred million dollars ($100,000,000) shall be available to the Department of Food and Agriculture for allocation to projects to restore, upgrade, modernize, and improve state and county fairgrounds to serve as community centers, exposition sites, emergency and evacuation shelters, food and agriculture education centers, and farm incubator and food business centers.
(b) A state-designated fair shall be eligible to receive an allocation pursuant to this section.
(c) The Department of Food and Agriculture may allocate moneys for a project only if the project application includes a business plan that outlines how the project will improve community access and use of the fairground.
(d) Projects eligible for allocations pursuant to this section include, but are not limited to, all of the following:
(1) Projects that modernize and restore existing state or county fairgrounds in ways that both increase capacity of fairgrounds to provide emergency shelter functions during natural disasters and increase capacity for year-round local economic development opportunities.
(2) Projects that upgrade and restore existing state or county fairgrounds in ways that improve public and community access to the fairgrounds year-round for purposes of public education, urban agriculture, and community celebrations.
(3) Projects that build or restore commercial kitchens at state or county fairgrounds for purposes of supporting local farm or food businesses.
(4) Projects that provide meat processing facilities to serve local agricultural producers.
(5) Projects that improve energy and water use efficiency and broadband access and provide renewable energy on-site.
(e) In allocating moneys pursuant to this section, the Department of Food and Agriculture shall prioritize projects that demonstrate community involvement and improved year-round community access and use of fairgrounds.
CHAPTER 10. Preventing Wildfires and Promoting Fire Resilience
80790.
The sum of fifty million dollars ($50,000,000) shall be available for purposes of this chapter.
80791.
(a) Of the moneys made available pursuant to Section 80790, twenty million dollars ($20,000,000) shall be available to the Department of Forestry and Fire Protection to prevent wildfires and increase fire resilience through the use of prescribed and cultural burns.
(b) Projects eligible for funding pursuant to this section include, but are not limited to, equipment purchases, constructing facilities for equipment storage, and funding-related infrastructure costs.
(c) Entities eligible for funding pursuant to this section include tribal organizations, public agencies, and nonprofit organizations.
(d) Up to 5 percent of the moneys made available pursuant to subdivision (a) may be used for training personnel and technical assistance.
80792.
(a) Of the moneys made available pursuant to Section 80790, thirty million dollars ($30,000,000) shall be available to the Department of Housing and Community Development for the development of workforce housing to support year-round housing for land management workers on tribal lands, forest lands, and remote watersheds, or for workers involved in wildfire prevention activities, including prescribed and cultural burns and restoration and wildfire prevention work.
(b) Projects eligible for funding pursuant to this section include land purchases, construction projects, and energy and water use efficiency and renewable energy measures for new or existing workforce housing.
(c) Entities eligible for funding pursuant to this section include tribal organizations, public agencies, and nonprofit organizations.
CHAPTER 11. Fiscal Provisions
80800.
(a) Bonds in the total amount of three billion three hundred two million dollars ($3,302,000,000), not including the amount of any refunding bonds issued in accordance with Section 80809, may be issued and sold for the purposes expressed in this division and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, issued, and delivered, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable.
(b) The Treasurer shall issue and sell the bonds authorized in subdivision (a) in the amount determined by the committee to be necessary or desirable pursuant to Section 80803. The bonds shall be issued and sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code.
80801.
(a) (1) The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law, and all of the provisions of that law apply to the bonds and to this division and are hereby incorporated in this division as though set forth in full in this division, except that Section 16727 of the Government Code shall not apply.
(2) Proceeds from the sale of any bonds issued pursuant to this division shall be used only for any of the following purposes:
(A) For the purposes authorized in this division.
(B) To repay moneys borrowed in anticipation of the sale of the bonds, including interest, and to pay interest on the bonds themselves.
(C) To pay the costs of a state agency with responsibility for administering the bond program, including costs incurred by the Treasurer, Controller, Department of Finance, and State Public Works Board for staff, operating expenses, and equipment, and consultants’ costs.
(D) To pay the costs of the Treasurer’s office directly associated with the sale and payment of the bonds, including, but not limited to, underwriting discounts, costs of printing, bond counsel, registration, and fees of trustees.
(b) For purposes of this division, the references to “committee” in the State General Obligation Bond Law shall mean the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Finance Committee created in Section 80802, and the references to “board” in the State General Obligation Bond Law shall mean the Secretary of Food and Agriculture.
80802.
(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this division, the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Finance Committee is hereby created.
(b) The committee consists of the Controller, the Treasurer, and the Director of Finance. Notwithstanding any other law, any member may designate a representative to act as that member in the member’s place for all purposes, as though the member were personally present.
(c) The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee.
80803.
The committee shall determine by resolution whether or not it is necessary or desirable to issue and sell bonds authorized pursuant to this division in order to carry out the actions specified in this division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.
80804.
There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds becoming due each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.
80805.
Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund in the State Treasury, for the purposes of this division and without regard to fiscal years, an amount that equals the total of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable.
(b) The sum necessary to carry out Section 80807.
80806.
The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this division less any amount withdrawn pursuant to Section 80807 and not yet returned to the General Fund. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this division, excluding any refunding bonds authorized pursuant to Section 80809, less any amount loaned pursuant to this section and not yet repaid and any amount withdrawn from the General Fund pursuant to Section 80807 and not yet returned to the General Fund. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this division.
80807.
For the purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this division, excluding any refunding bonds authorized pursuant to Section 80809, less any amount loaned pursuant to Section 80806 and not yet repaid, and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund from proceeds received from the sale of bonds for the purpose of carrying out this division.
80808.
All moneys deposited into the fund that are derived from premium and accrued interest on bonds sold pursuant to this division shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except those amounts derived from premium may be reserved and used to pay the cost of bond issuance before any transfer to the General Fund.
80809.
The bonds issued and sold pursuant to this division may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this division includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this division or any previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond.
80810.
Notwithstanding any other provision of this division, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this division that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment of earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds or earnings required or desirable under federal law to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
80811.
The proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article.
SEC. 2.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3.
Section 1 of this act shall take effect upon the approval by the voters of the Equitable Economic Recovery, Healthy Food Access, Climate Resilient Farms, and Worker Protection Bond Act of 2022, as set forth in Section 1 of this act.
SEC. 4.
Section 1 of this act shall be submitted by the Secretary of State to the voters at the November 8, 2022, statewide general election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters.
AB 125 California