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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to add Section 39730.7.5 to the Health and Safety Code, relating to air resources.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, as introduced, Becker.
Methane emissions: livestock: feed additives.

Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy, as specified, to achieve a reduction in the statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Existing law requires the state board, in consultation with the Department of Food and Agriculture to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with the strategy, by up to 40% below the dairy sector’s and livestock sector’s 2013 levels by 2030.
This bill would require, on or before June 1, 2025, the state board, in cooperation with the Department of Food and Agriculture, to develop and implement offset or inset compliance protocols to
incentivize the use of livestock feed additives that reduce enteric fermentation.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
NO  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 39730.7.5 is added to the Health and Safety Code, to read:

39730.7.5.

 On or before June 1, 2025, the state board, in cooperation with the Department of Food and Agriculture, shall develop and implement offset or inset compliance protocols to incentivize the use of livestock feed additives that reduce enteric fermentation.



Amended
 IN 
Senate
 March 20, 2023



CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to amend Section 568 of the Food and Agricultural Code, and to add Section 39730.7.5 to the Health and Safety Code, relating to air resources.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Becker.
Methane emissions: livestock: feed additives.

Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene a 9-member Scientific Advisory Panel on Environmental Farming for specified purposes, including to review data on the impact that agriculture has on the environment and recommend to the secretary and appropriate state agencies the best available science on environmental impacts of agriculture. Existing law specifies the qualifications of members of the panel and requires the Secretary for Environmental Protection to appoint 2 members of the
panel.

This bill would expand the membership of the board to 10 members, including a 3rd member appointed by the Secretary for Environmental Protection who would be required to have scientific research expertise in livestock emissions. The bill would also expand the scope of the duties of the panel by requiring the panel to oversee enteric fermentation emission reduction programs and to provide suggestions on which mitigation strategies for the enteric fermentation emissions reduction program need to apply as new research is made available and approved, as specified.

Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy, as specified, to achieve a reduction in the statewide emissions of methane by 40%,
hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Existing law requires the state board, in consultation with the Department of Food and Agriculture to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with the strategy, by up to 40% below the dairy sector’s and livestock sector’s 2013 levels by 2030.
This bill would require, on or before June 1, 2025, the state board, in cooperation with the Department of Food and Agriculture, to develop and implement offset or inset compliance protocols to incentivize the use of livestock feed additives that reduce enteric fermentation. The bill would require the state board and the department to perform various duties relating to encouraging the use of feed additives that reduce enteric fermentation, as
described. The bill would require the state board, in partnership with the department, to set an adoption target of feed additives through the year 2040. The bill would also require the state board to provide the Legislature with a report, 2 years after an effective feed additive is commercially available, as determined by the state board, about further funding and scientific research that is necessary to improve compliance and accuracy of the offset program, and to convene a workgroup, as specified, for related purposes, on or before August 1, 2025, among other duties. The bill would require the department to report to the Legislature on an outreach plan for potential applicants for voluntary incentive programs, as provided, and to provide technical assistance to any small farms, as defined, for any enteric fermentation program created, among other duties. The bill would allocate, upon appropriation by the Legislature in the annual Budget Act for these purposes, as specified, the sum of $10,000,000 to the
state board for early research, development, and demonstration projects of enteric fermentation.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
NO  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 It is the intent of the Legislature to do all of the following:

(a) Provide incentives for scientifically effective, safe, and economic feed additives that reduce methane emissions from enteric fermentation in livestock.

(b) Signal to investors and manufacturers California’s interest and support for scientifically sound feed additives that can reduce methane in livestock.

(c) Recognize the need for more accurate and available research on enteric fermentation solutions for the quicker approval of livestock feed additives that require safety approval from federal and state agencies.

(d) Recognize Department of Food and Agriculture’s and the U.S. Food and Drug Administration’s existing efforts to support expedited approval methods for dairy feed additives, and encourage further partnership that also ensures no harm to public or environmental harm.

(e) Recognize that the State Air Resources Board’s March 2022 “Analysis of Progress toward Achieving the 2030 Dairy and Livestock
Sector Methane Emissions Target” finds viable enteric fermentation feed additives to be a viable supportive solution to meeting the targets of Section 39730.5 of the Health and Safety Code, and all of the following:

(1) To fully achieve the 2030 target, California must maintain an annual appropriation of seventy-five million dollars ($75,000,000) toward manure management and mitigation projects through 2028, and must maintain the same level of natural gas pipeline build-out.

(2) Dairy and livestock sectors may fall short of the 2030 target without an enteric strategy and sufficient public funding.

(3) A feed strategy is likely to be available in the next three to five years, inclusive, which can help achieve the 2030 target.

SEC. 2.

 Section 568 of the Food and Agricultural Code is amended to read:

568.

 (a) The secretary shall convene a nine-member 10-member Scientific Advisory Panel on Environmental Farming to advise the secretary on the implementation of the Healthy Soils Program established pursuant to Section 569, and the State Water Efficiency and Enhancement Program established by the department from moneys made available pursuant to Chapter 2 of the Statutes of 2014, and to assist federal, state, and local government agencies, as appropriate or necessary, on issues relating to the impact of agricultural practices on air, water, and wildlife habitat to do the following:

(1) Review data on the impact that agriculture has on the environment and recommend to the secretary and appropriate state agencies the best available science on environmental impacts of agriculture, as well as practices and policies based on that information to advance the goals of this article, including Section 569.
(2) Compile the net environmental impacts that agriculture creates for the environment, identified pursuant to paragraph (1).
(3) Research, review, and comment on data upon which proposed environmental policies and regulatory programs are based to ensure that the environmental impacts of agricultural activities are accurately portrayed and to identify incentives that may be provided to encourage agricultural practices with environmental benefits.
(4) Assist government agencies to
incorporate policies and practices identified pursuant to paragraph (1) into environmental regulatory programs.

(5) Oversee the department’s Alternative Manure Management Program and Dairy Digester Research and Development Program, and any new programs established by the department for enteric fermentation emission reduction.

(6) Provide suggestions on which mitigation strategies for the enteric fermentation emissions reduction program need to apply as new research is made available and approved by the U.S. Food and Drug Administration.

(b) (1)  Members of the panel shall be highly
qualified and professionally active or engaged in the conduct of scientific research. Of the members first appointed to the panel, two shall serve for a term of two years and three shall serve for a term of three years, as determined by lot. Thereafter, members shall be appointed for a term of three years. The members shall be appointed as follows:
(A) Five members shall be appointed by the secretary as follows:
(i) At least two members shall have a minimum of five years of training and experience in the field of agriculture and shall represent production agriculture.
(ii) At least one member shall have training and field experience in on-farm management practices that reduce greenhouse gas emissions, sequester carbon, or both.
(iii) At least one member
shall be certified as a producer pursuant to federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.).
(iv) At least one member shall have technical expertise in agricultural conservation planning and management.
(B) Two Three members shall be appointed by the Secretary for Environmental Protection. One shall have a minimum of five years of training and experience in the field of human health or environmental science, and one shall have expertise in greenhouse gas emissions reductions practices related to agriculture.
agriculture, and one shall have scientific research expertise in livestock emissions.
(C) Two members who have a minimum of five years of training and experience in the field of resource management shall be appointed by the Secretary of the Natural Resources Agency. One member shall additionally have expertise in climate change adaptation and climate change impacts in the agricultural sector.
(2) The secretary may also appoint, in consultation with the panel, ex officio nonvoting members to the panel.
(c) The panel may establish ad hoc committees, which may include professionals, scientists, or representatives of nongovernmental entities, to assist it in performing its functions.
(d) The panel shall be created
and maintained with funds made available from existing resources within the department to the extent they are available.
(e) The State Air Resources Board shall consult with the secretary and the panel, as appropriate, in developing the quantification methods described in subdivision (b) of Section 16428.9 of the Government Code as it relates to the demonstration and quantification of on-farm greenhouse gas emissions reductions.

SECTION 1.SEC. 3.

 Section 39730.7.5 is added to the Health and Safety Code, to read:

39730.7.5.

 (a) On or before June 1, 2025, the state board, in cooperation with the Department of Food and Agriculture, shall develop and implement offset or inset compliance protocols to incentivize the use of livestock feed additives that reduce enteric fermentation.

(b) (1) The state board shall, in partnership with the Department of Food and Agriculture, set an adoption target of feed additives through the year 2040, which may be achieved through the use of voluntary incentives, if and when effective feed additives are demonstrated to be
scientifically proven, cost effective, and safe.

(2) In order to achieve the goal described in paragraph (1), the state board shall do all of the following:

(A) Begin examining an offset compliance protocol to cover the cost difference for feed additives that reduce enteric fermentation when the state board determines that those feed additives are commercially available.

(B) Determine a baseline enteric fermentation rate for livestock based on age, lactation state, cattle type, and feed type to be used in determining enteric emission rate for individual dairy operations.

(C) Provide the Legislature with a report, two years after an effective feed additive is commercially available, as determined by the state board, about further funding and scientific research that is necessary to improve compliance and accuracy of the offset program, as well as alternative long-term solutions to scaling adoption among livestock farmers. The report shall be submitted in compliance with Section 9795 of the Government Code.

(D) Convene a workgroup on repurposing existing data from other government agencies and entities that are helpful to improve emissions data assumptions regarding enteric fermentation on or before August 1, 2025.

(i) The workgroup shall include a representative of the Central Valley
Regional Water Quality Control Board, the United States Department of Agriculture, if available, the San Joaquin Valley Air Pollution Control District, the State Water Resources Control Board, and any other relevant agencies.

(ii) The state board shall make publicly available on the state board’s internet website or through other means information about further data that is needed to improve the quality of emissions data.

(E) Develop a needs assessment for long-term enteric fermentation reduction planning.

(3) In order to achieve the goal described in paragraph (1), the Department of Food and Agriculture
shall do all of the following:

(A) Report to the Legislature on an outreach plan for potential applicants for voluntary incentive programs and include an estimate of funding necessary for third-party or department outreach efforts. The report shall be submitted in compliance with Section 9795 of the Government Code.

(B) When low-emission dairy products using enteric fermentation feed additives become commercially available, establish a public awareness campaign to encourage early adoption and purchasing of those products.

(C) Develop a needs assessment for long-term enteric fermentation reduction
planning.

(D) Provide technical assistance to any small farms for any enteric fermentation program created. For purposes of this clause, a small farm is a farm with 1,500 or fewer livestock.

(c) Upon appropriation by the Legislature in the annual Budget Act or another statute for the purposes described in paragraph (2) of subdivision (b), the sum of ten million dollars ($10,000,000) is hereby allocated to the state board for early research, development, and demonstration projects of enteric fermentation.



Amended
 IN 
Senate
 March 30, 2023

Amended
 IN 
Senate
 March 20, 2023



CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to amend Section 568 of the Food and Agricultural Code, and to add Section 39730.7.5 to the Health and Safety Code, relating to air resources.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Becker.
Methane emissions: livestock: feed additives.

Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene a 9-member Scientific Advisory Panel on Environmental Farming for specified purposes, including to review data on the impact that agriculture has on the environment and recommend to the secretary and appropriate state agencies the best available science on environmental impacts of agriculture. Existing law specifies the qualifications of members of the panel and requires the Secretary for Environmental Protection to appoint 2 members of the panel.
This bill would expand the membership
of the board to 10 members, including a 3rd member appointed by the Secretary for Environmental Protection who would be required to have scientific research expertise in livestock emissions. The bill would also expand the scope of the duties of the panel by requiring the panel to oversee enteric fermentation emission reduction programs and to provide suggestions on which mitigation strategies for the enteric fermentation emissions reduction program programs need to apply as new research is made available and approved, as specified.
Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy, as specified, to achieve a reduction in the statewide emissions of methane by 40%, hydrofluorocarbon gases
by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Existing law requires the state board, in consultation with the Department of Food and Agriculture Agriculture, to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with the strategy, by up to 40% below the dairy sector’s and livestock sector’s 2013 levels by 2030.
This bill would require, on or before June 1, 2025, the state board, in cooperation with the Department of Food and Agriculture, to develop and implement begin developing
offset or inset compliance protocols to incentivize the use of livestock feed additives that reduce enteric fermentation. The bill would require the state board and the department to perform various duties relating to encouraging the use of feed additives that reduce enteric fermentation, as described. The bill would require the state board, in partnership with the department, to set an adoption target of feed additives through the year 2040. The bill would also require the state board to provide the Legislature with a report, 2 years after an effective feed additive is commercially available, as determined by the state board, about further funding and scientific research that is necessary to improve compliance and accuracy of the offset program, and to convene a workgroup, as specified, for related purposes, on or before August 1, 2025, among other duties. The bill would require the department to report to the Legislature on an outreach plan for potential applicants for voluntary incentive
programs, as provided, and to provide technical assistance support to any small farms, as defined, that request technical support for any enteric fermentation program created, among other duties. The bill would allocate, upon appropriation by the Legislature in the annual Budget Act for these purposes, as specified, the sum of $10,000,000 to the state board for early research, development, and demonstration projects of enteric fermentation.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
NO  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 It is the intent of the Legislature to do all of the following:

(a) Provide incentives for scientifically effective, safe, and economic feed additives that reduce methane emissions from enteric fermentation in livestock.
(b) Signal to investors and manufacturers California’s interest and support for scientifically sound feed additives that can reduce methane in livestock.
(c) Recognize the need for more accurate and available research on enteric fermentation solutions for the quicker approval of livestock feed additives
that require safety approval from federal and state agencies.
(d) Recognize the Department of Food and Agriculture’s and the U.S. Food and Drug Administration’s existing efforts to support expedited approval methods for dairy feed additives, and encourage further partnership that also ensures no harm to the public or environmental harm. the environment.
(e) Recognize that the State Air Resources Board’s March 2022 “Analysis
of Progress toward Achieving the 2030 Dairy and Livestock Sector Methane Emissions Target” finds viable enteric fermentation feed additives to be a viable supportive solution to meeting the targets of Section 39730.5 of the Health and Safety Code, and all of the following:
(1) To fully achieve the 2030 target, California must maintain an annual appropriation of seventy-five million dollars ($75,000,000) toward manure management and mitigation projects through 2028, and must maintain the same level of natural gas pipeline build-out.
(2) Dairy and livestock sectors may fall short of the 2030 target without an enteric strategy and sufficient public funding.
(3) A feed strategy is likely to be available in the next three to five
years, inclusive, which can help achieve the 2030 target.

SEC. 2.

 Section 568 of the Food and Agricultural Code is amended to read:

568.

 (a) The secretary shall convene a 10-member Scientific Advisory Panel on Environmental Farming to advise the secretary on the implementation of the Healthy Soils Program established pursuant to Section 569, and the State Water Efficiency and Enhancement Program established by the department from moneys made available pursuant to Chapter 2 of the Statutes of 2014, and to assist federal, state, and local government agencies, as appropriate or necessary, on issues relating to the impact of agricultural practices on air, water, and wildlife habitat to do the following:

(1) Review data on the impact that agriculture has on the environment and recommend to the secretary and appropriate
state agencies the best available science on environmental impacts of agriculture, as well as practices and policies based on that information to advance the goals of this article, including Section 569.
(2) Compile the net environmental impacts that agriculture creates for the environment, identified pursuant to paragraph (1).
(3) Research, review, and comment on data upon which proposed environmental policies and regulatory programs are based to ensure that the environmental impacts of agricultural activities are accurately portrayed and to identify incentives that may be provided to encourage agricultural practices with environmental benefits.
(4) Assist government agencies to incorporate policies and practices
identified pursuant to paragraph (1) into environmental regulatory programs.
(5) Oversee the department’s Alternative Manure Management Program and Dairy Digester Research and Development Program, and any new programs established by the department for enteric fermentation emission reduction.
(6) Provide suggestions on which mitigation strategies for the enteric fermentation emissions reduction program programs need to apply as new research is made available and approved by the U.S. Food and Drug Administration.
(b) (1)  Members
of the panel shall be highly qualified and professionally active or engaged in the conduct of scientific research. Of the members first appointed to the panel, two shall serve for a term of two years and three shall serve for a term of three years, as determined by lot. Thereafter, members shall be appointed for a term of three years. The members shall be appointed as follows:
(A) Five members shall be appointed by the secretary as follows:
(i) At least two members shall have a minimum of five years of training and experience in the field of agriculture and shall represent production agriculture.
(ii) At least one member shall have training and field experience in on-farm management practices that reduce greenhouse gas emissions,
sequester carbon, or both.
(iii) At least one member shall be certified as a producer pursuant to federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.).
(iv) At least one member shall have technical expertise in agricultural conservation planning and management.
(B) Three members shall be appointed by the Secretary for Environmental Protection. One shall have a minimum of five years of training and experience in the field of human health or environmental science, one shall have expertise in greenhouse gas emissions reductions practices related to
agriculture, and one shall have scientific research expertise in livestock emissions.
(C) Two members who have a minimum of five years of training and experience in the field of resource management shall be appointed by the Secretary of the Natural Resources Agency. One member shall additionally have expertise in climate change adaptation and climate change impacts in the agricultural sector.
(2) The secretary may also appoint, in consultation with the panel, ex officio nonvoting members to the panel.
(c) The panel may establish ad hoc committees, which may include professionals, scientists, or representatives of nongovernmental entities, to assist it in performing its functions.
(d) The panel shall be created and maintained with funds made available from existing resources within the department to the extent they are available.
(e) The State Air Resources Board shall consult with the secretary and the panel, as appropriate, in developing the quantification methods described in subdivision (b) of Section 16428.9 of the Government Code as it relates to the demonstration and quantification of on-farm greenhouse gas emissions reductions.

SEC. 3.

 Section 39730.7.5 is added to the Health and Safety Code, to read:

39730.7.5.

 (a) On or before June 1, 2025, the state board, in cooperation with the Department of Food and Agriculture, shall develop and implement begin developing offset or inset compliance protocols to incentivize the use of livestock feed additives that reduce enteric fermentation.

(b) (1) The state board shall, in partnership with the Department of Food and Agriculture, set an adoption target of feed additives through the year 2040, which may be achieved through the use of
voluntary incentives, if and when effective feed additives are demonstrated to be scientifically proven, cost effective, and safe.
(2) In order to achieve the goal described in paragraph (1), the state board shall do all of the following:

(A)Begin examining an offset compliance protocol to cover the cost difference for feed additives that reduce enteric fermentation when the state board determines that those feed additives are commercially available.

(B)

(A) Determine a baseline enteric fermentation rate for livestock based on age, lactation state, cattle type, and feed type to be used in determining the enteric emission rate for individual dairy operations.

(C)

(B) Provide the Legislature with a report, two years after an effective feed additive is commercially available, as determined by the state board, about further funding and scientific research that is necessary to improve compliance and accuracy of the offset program, as well as
alternative long-term solutions to scaling adoption among livestock farmers. The report shall be submitted in compliance with Section 9795 of the Government Code.

(D)

(C) Convene a workgroup on repurposing existing data from other government agencies and entities that are helpful to improve emissions data assumptions regarding enteric fermentation on or before August 1, 2025.
(i) The workgroup shall include a representative of the Central Valley Regional Water Quality Control Board, the United States Department of Agriculture, if
available, the San Joaquin Valley Air Pollution Control District, the State Water Resources Control Board, and any other relevant agencies.
(ii) The state board shall make publicly available on the state board’s internet website or through other means information about further data that is needed to improve the quality of emissions data.

(E)

(D) Develop a needs assessment for long-term enteric fermentation reduction planning.
(3) In order to achieve the goal described
in paragraph (1), the Department of Food and Agriculture shall do all of the following:
(A) Report to the Legislature on an outreach plan for potential applicants for voluntary incentive programs and include an estimate of funding necessary for third-party or department outreach efforts. The report shall be submitted in compliance with Section 9795 of the Government Code.
(B) When low-emission dairy products using enteric fermentation feed additives become commercially available, establish a public awareness campaign to encourage early adoption and purchasing of those products.
(C) Develop a needs assessment for long-term enteric fermentation reduction planning.
(D) Provide
technical assistance
support to any small farms that request it for any enteric fermentation program created. For purposes of this clause, subparagraph, a small farm is a farm with 1,500 or fewer livestock.
(c) Upon appropriation by the Legislature in the annual Budget Act or another statute for the purposes described in paragraph (2) of subdivision (b), the sum of ten million dollars ($10,000,000) is hereby allocated to the state board for early research, development, and demonstration projects of enteric fermentation.



Amended
 IN 
Senate
 April 19, 2023

Amended
 IN 
Senate
 March 30, 2023

Amended
 IN 
Senate
 March 20, 2023



CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to amend Section 568 of the Food and Agricultural Code, and to add Section 39730.7.5 to the Health and Safety Code, relating to air resources.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Becker.
Methane emissions: livestock: feed additives.

Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene a 9-member Scientific Advisory Panel on Environmental Farming for specified purposes, including to review data on the impact that agriculture has on the environment and recommend to the secretary and appropriate state agencies the best available science on environmental impacts of agriculture. Existing law specifies the qualifications of members of the panel and requires the Secretary for Environmental Protection to appoint 2 members of the panel.
This bill would expand the membership
of the board to 10 members, including a 3rd member appointed by the Secretary for Environmental Protection member who would be required to have scientific research expertise in livestock emissions. The bill would also expand the scope of the duties of the panel by requiring the panel to oversee enteric fermentation emission reduction programs and to provide suggestions on which mitigation strategies for the enteric fermentation emissions reduction programs need to apply as new research is made available and approved, as specified. provide input to the department regarding specified programs and any new programs established by the department for enteric
fermentation emission reduction.
Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy, as specified, to achieve a reduction in the statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Existing law requires the state board, in consultation with the Department of Food and Agriculture, to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with the strategy, by up to 40% below the dairy sector’s and livestock sector’s 2013 levels by 2030.
This bill would require, on or before June 1, 2025,
August 1, 2026, the state board, in cooperation consultation with the Department of Food and Agriculture, to begin developing offset or inset compliance protocols to incentivize the use of livestock feed additives that reduce enteric fermentation. The bill would require the state board and the department to perform various duties relating to encouraging the use of feed additives that reduce enteric fermentation, as described. The bill would require the state board, in partnership with the department, to set an adoption target of feed additives through the year 2040.
create a feed additive program to reduce emissions, as specified. The bill would also require the state board board, in consultation with the department, to provide the Legislature with a report, 2 years after an a safe and effective feed additive is commercially available, as determined by the state board, about further funding and scientific research that is necessary to improve compliance and accuracy of the offset the incentive
program, and to convene a workgroup, as specified,
specified workgroups for related purposes, including a workgroup to provide a comprehensive assessment to the Legislature of the potential impacts of feed additives, as described, on or before August 1, 2025, 2026, among other duties. The bill would require the department to report to the Legislature on an outreach plan for potential applicants for voluntary incentive programs, as provided, and to provide technical support to any small farms, as defined, that request technical support assistance, upon request, to
any organic or pasture-based dairies or small farm, as described, for any enteric fermentation program created, among other duties. The bill would allocate, upon appropriation by the Legislature in the annual Budget Act for these purposes, as specified, the sum of $10,000,000 to the state board for early research, development, and demonstration projects of enteric fermentation. fermentation, after completion of the report to the Legislature regarding improving the incentive program.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
NO  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 It is the intent of the Legislature to do all of the following:

(a) Provide incentives for scientifically effective, safe, and economic feed additives that reduce methane emissions from enteric fermentation in livestock.
(b) Signal to investors and manufacturers California’s interest and support for scientifically sound feed additives that can reduce methane in livestock.
(c) Recognize the need for more accurate and available research on enteric fermentation solutions for the quicker
timely approval of livestock feed additives that require safety approval from federal and state agencies.
(d) Recognize the Department of Food and Agriculture’s and the U.S. United States Food and Drug Administration’s existing efforts to support expedited approval methods for dairy feed additives, and encourage further partnership that also ensures no harm to the public or the environment. public health, animal health, and environmental health.

(e)Recognize that the State Air Resources Board’s March 2022 “Analysis
of Progress toward Achieving the 2030 Dairy and Livestock Sector Methane Emissions Target” finds viable enteric fermentation feed additives to be a viable supportive solution to meeting the targets of Section 39730.5 of the Health and Safety Code, and all of the following:

(1)To fully achieve the 2030 target, California must maintain an annual appropriation of seventy-five million dollars ($75,000,000) toward manure management and mitigation projects through 2028, and must maintain the same level of natural gas pipeline build-out.

(2)Dairy and livestock sectors may fall short of the 2030 target without an enteric strategy and sufficient public funding.

(3)A feed strategy is likely to be available in the next three to five
years, inclusive, which can help achieve the 2030 target.

SEC. 2.

 Section 568 of the Food and Agricultural Code is amended to read:

568.

 (a) The secretary shall convene a 10-member Scientific Advisory Panel on Environmental Farming to advise the secretary on the implementation of the Healthy Soils Program established pursuant to Section 569, and the State Water Efficiency and Enhancement Program established by the department from moneys made available pursuant to Chapter 2 of the Statutes of 2014, and to assist federal, state, and local government agencies, as appropriate or necessary, on issues relating to the impact of agricultural practices on air, water, and wildlife habitat to do the following:

(1) Review data on the impact that agriculture has on the environment and recommend to the secretary and appropriate state
agencies the best available science on environmental impacts of agriculture, as well as practices and policies based on that information to advance the goals of this article, including Section 569.
(2) Compile the net environmental impacts that agriculture creates for the environment, identified pursuant to paragraph (1).
(3) Research, review, and comment on data upon which proposed environmental policies and regulatory programs are based to ensure that the environmental impacts of agricultural activities are accurately portrayed and to identify incentives that may be provided to encourage agricultural practices with environmental benefits.
(4) Assist government agencies to incorporate policies and practices
identified pursuant to paragraph (1) into environmental regulatory programs.
(5) Oversee the department’s Provide input to the department regarding the Alternative Manure Management Program and the Dairy Digester Research and Development Program, and any new programs established by the department for enteric fermentation emission reduction.

(6)Provide suggestions on which mitigation strategies for the enteric fermentation emissions reduction programs need to apply as new research is made available and approved by the U.S. Food and Drug Administration.

(b) (1)  Members of the panel shall be highly qualified and professionally active or engaged in the conduct of scientific research. Of the members first appointed to the panel, two shall serve for a term of two years and three shall serve for a term of three years, as determined by lot. Thereafter, members shall be appointed for a term of three years. The members shall be appointed as follows:
(A) Five Six members shall be appointed by the secretary as follows:
(i) At least two members shall have a minimum of five years of
training and experience in the field of agriculture and shall represent production agriculture.
(ii) At least one member shall have training and field experience in on-farm management practices that reduce greenhouse gas emissions, sequester carbon, or both.
(iii) At least one member shall be certified as a producer pursuant to federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.).
(iv) At least one member shall have technical expertise in agricultural conservation planning and management.

(v) At least one member with scientific research expertise in livestock emissions.

(B) Three Two members shall be appointed by the Secretary for Environmental Protection. One shall have a minimum of five years of training and experience in the field of human health or environmental science, science and one shall have expertise in greenhouse gas emissions reductions practices related to agriculture, and one shall have scientific research expertise in livestock emissions.
agriculture.
(C) Two members who have a minimum of five years of training and experience in the field of resource management shall be appointed by the Secretary of the Natural Resources Agency. One member shall additionally have expertise in climate change adaptation and climate change impacts in the agricultural sector.
(2) The secretary may also appoint, in consultation with the panel, ex officio nonvoting members to the panel.
(c) The panel may establish ad hoc committees, which may include professionals, scientists, or representatives of nongovernmental entities, to assist it in performing its functions.
(d) The panel
shall be created and maintained with funds made available from existing resources within the department to the extent they are available.
(e) The State Air Resources Board shall consult with the secretary and the panel, as appropriate, in developing the quantification methods described in subdivision (b) of Section 16428.9 of the Government Code as it relates to the demonstration and quantification of on-farm greenhouse gas emissions reductions.

SEC. 3.

 Section 39730.7.5 is added to the Health and Safety Code, to read:

39730.7.5.

 (a) On or before June 1, 2025, the state board, in cooperation August 1, 2026, the state board shall, in consultation with the Department of Food and Agriculture, shall begin developing offset or inset compliance protocols to incentivize the use of livestock feed additives that reduce enteric fermentation. create a feed additive program to reduce emissions, which shall be achieved through the use of
voluntary incentives, if and when effective feed additives are demonstrated to be scientifically proven, cost effective, and safe.

(b)(1)The state board shall, in partnership with the Department of Food and Agriculture, set an adoption target of feed additives through the year 2040, which may be achieved through the use of
voluntary incentives, if and when effective feed additives are demonstrated to be scientifically proven, cost effective, and safe.

(2)

(b) In order to achieve the goal described in paragraph (1), subdivision (a), the state board shall do all of the following:

(A)Determine a baseline enteric fermentation rate for livestock based on age, lactation state, cattle type, and feed type to be used in determining the enteric emission rate for individual dairy operations.

(1) Annually review new methods, technologies, and processes that are proven to reduce enteric methane from livestock and, once demonstrated to be scientifically proven, cost effective, and safe, incentivize those new processes under this program.

(B)

(2) Provide the Legislature with a report, two years after an a safe and effective feed additive is commercially available, as
determined by the state board,
board in consultation with the Department of Food and Agriculture,
about further funding and scientific research that is necessary to improve compliance and accuracy of the offset the incentive program, as well as alternative long-term solutions to scaling adoption among livestock farmers. The report shall be submitted in compliance with Section 9795 of the Government Code.

(C)

(3) Convene a workgroup on repurposing existing data from other government agencies and entities that are
helpful to improve emissions data assumptions regarding enteric fermentation on or before August 1, 2025. 2026.

(i)

(A) The workgroup shall include a representative of the Central Valley Regional Water Quality Control Board, the United States Department of Agriculture, if available, the San Joaquin Valley Air Pollution Control District, the State Water Resources Control Board, and any other relevant agencies.

(B) The state board shall invite representatives of large farms, small farms, organic farms, and pasture-based farmers to participate in the workgroup.

(4) Convene a workgroup to provide a comprehensive assessment to the Legislature, in accordance with Section 9795 of the Government Code, of the potential impacts of feed additives on the long-term health of dairy cattle and other livestock, dairy and other livestock products, consumer acceptance, dairy and other livestock economics, microbial activities in manure, condition of manure applied to croplands, and plant growth and health on or before August 1, 2026. The workgroup shall include a broad range of stakeholders involved in the development of dairy and other livestock enteric reductions strategies, including, but not
limited to, project developers, dairy and livestock industry representatives, organic and pasture-based dairy and livestock producers, environmental and conservation stakeholders, state and local permitting agencies, large animal clinics, dairy and livestock practices veterinary practitioners, public health experts, and others with demonstrated expertise relevant to the success of diary and other livestock methane emissions reduction efforts.

(ii)The state board shall make

(5) Make
publicly available on the state board’s internet website or through other means information about further data that is needed to improve the quality of emissions data.

(D)Develop a needs assessment for long-term enteric fermentation reduction planning.

(3)

(c) In order to achieve the goal described in paragraph (1),
subdivision (a), the Department of Food and Agriculture shall do all both of the following:

(A)

(1) Report to the Legislature on an outreach plan for potential applicants for voluntary incentive programs and include an estimate of funding necessary for third-party or department outreach efforts. The report shall be submitted in compliance with Section 9795 of the Government Code.

(B)When low-emission dairy products using enteric fermentation feed additives become commercially available, establish a public awareness campaign to encourage early adoption and purchasing of those products.

(C)Develop a needs assessment for long-term enteric fermentation reduction planning.

(D)

(2) Provide technical support to any small farms that request it assistance, upon request, to any organic or pasture-based dairies or small farm for any enteric fermentation program created. For purposes of this subparagraph, paragraph, a small farm is a farm with 1,500
milking cows or fewer livestock.

(c)

(d) Upon appropriation by the Legislature in the annual Budget Act or another statute for the purposes described in paragraph (2) of subdivision (b), the sum of ten million dollars ($10,000,000) is hereby allocated to the state board for early research, development, and demonstration projects of enteric fermentation.
fermentation, after the completion of the report described in paragraph (2) of subdivision (b).



Amended
 IN 
Senate
 May 01, 2023

Amended
 IN 
Senate
 April 19, 2023

Amended
 IN 
Senate
 March 30, 2023

Amended
 IN 
Senate
 March 20, 2023



CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to amend Section 568 of the Food and Agricultural Code, and to add Section 39730.7.5 to the Health and Safety Code, relating to air resources.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Becker.
Methane emissions: livestock: dairy cattle: feed additives.

Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene a 9-member Scientific Advisory Panel on Environmental Farming for specified purposes, including to review data on the impact that agriculture has on the environment and recommend to the secretary and appropriate state agencies the best available science on environmental impacts of agriculture. Existing law specifies the qualifications of members of the panel and requires the Secretary for Environmental Protection to appoint 2 members of the panel.

This bill would expand the membership
of the board to 10 members, including a member who would be required to have scientific research expertise in livestock emissions. The bill would also expand the scope of the duties of the panel by requiring the panel to provide input to the department regarding specified programs and any new programs established by the department for enteric
fermentation emission reduction.

Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy, as specified, to achieve a reduction in the statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Existing law requires the state board, in consultation with the Department of Food and Agriculture, to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with the strategy, by up to 40% below the dairy sector’s and livestock sector’s 2013 levels by 2030.
This bill would require, on or before August 1, 2026, the state board, in consultation with the Department of Food and Agriculture, to create a feed additive program to reduce emissions, as specified. The bill would also require the state board, in consultation with the department, to provide the Legislature with a report, 2 years after a safe and effective feed additive is commercially available, as determined by the state board, about further funding and scientific research that is necessary to improve the incentive
program, and to convene
specified workgroups for related purposes, including a workgroup to provide a comprehensive assessment to the Legislature of the potential impacts of feed additives, as described, on or before August 1, 2026, among other duties. The bill would require the department to report to the Legislature on an outreach plan for potential applicants for voluntary incentive programs, as provided, and to provide technical assistance, upon request, to
any organic or pasture-based dairies or small farm, as described, for any enteric fermentation program created, among other duties. The bill would allocate, upon appropriation by the Legislature in the annual Budget Act for these purposes, as specified, the sum of $10,000,000 to the state board for early research, development, and demonstration projects of enteric fermentation, after completion of the report to the Legislature regarding improving the incentive program. emissions from dairy cattle, to be achieved through the use of voluntary incentives, if and when effective feed additives are demonstrated to be scientifically proven, cost effective, and safe. The bill would require the state board, in order to achieve that goal, to convene a workgroup to complete a comprehensive assessment of the potential impacts of feed additives on dairy cattle and to implement a voluntary incentives program consistent with the
findings of the workgroup as set forth in the assessment.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
NO  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 It is the intent of the Legislature to do all of the following:

(a) Provide incentives for scientifically effective, safe, and economic feed additives that reduce methane emissions from enteric fermentation in dairy cattle.
(b) Signal to investors and manufacturers California’s interest and support for scientifically sound feed additives that can reduce methane in dairy
cattle.
(c) Recognize the need for more accurate and available research on enteric fermentation solutions for the timely approval of dairy cattle feed additives that require safety approval from federal and state agencies.
(d) Recognize the Department of Food and Agriculture’s and the United States Food and Drug Administration’s existing efforts to support expedited approval methods for dairy cattle feed additives, and encourage further partnership that also ensures no harm to public health, animal health, and environmental health.

SEC. 2.

 Section 39730.7.5 is added to the Health and Safety Code, to read:

39730.7.5.

 (a) On or before August 1, 2026, the state board shall, in consultation with the Department of Food and Agriculture, create a feed additive program to reduce emissions from dairy cattle, which shall be achieved through the use of voluntary incentives, if and when effective feed additives are demonstrated to be scientifically proven, cost effective, and safe.

(b) In order to achieve the goal described in subdivision (a), the state board shall do both of the following:
(1) Convene a workgroup to complete a comprehensive assessment of the potential impacts of feed additives on dairy cattle.
(2) Implement a voluntary
incentives program consistent with the findings of the workgroup as set forth in the assessment described in paragraph (1).
(c) This section does not limit the provisions of Section 39730.7.



Amended
 IN 
Assembly
 June 22, 2023

Amended
 IN 
Senate
 May 01, 2023

Amended
 IN 
Senate
 April 19, 2023

Amended
 IN 
Senate
 March 30, 2023

Amended
 IN 
Senate
 March 20, 2023



CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to add Section 39730.7.5 to the Health and Safety Code, relating to air resources. amend Sections 18502 and 18540 of, and to add Section 18502.5 to, the Elections Code, relating to elections.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Becker.
Methane emissions: dairy cattle: feed additives. Elections: election worker protections.

Existing law makes interfering in any manner with the officers holding an election or conducting a canvass or with a voter lawfully exercising their right of voting at an election, in order to prevent the election or canvass from being fairly held and lawfully conducted, a crime punishable by imprisonment for 16 months or 2 or 3 years.
This bill would expand that crime to include interference with an elections official or their staff, including temporary workers and volunteers, or a member of a precinct board, in their performance of any duty related to conducting an election or canvass in order to prevent the election or canvass from being fairly held and lawfully conducted.
The bill would also make it a crime punishable
by imprisonment for 16 months or 2 or 3 years to use or threaten to use force, violence, or coercion or intimidation, or to hire or arrange for any other person to do so, to prevent or attempt to prevent an elections official, their staff, or a member of a precinct board from performing any duty related to conducting an election or canvass, or to prevent or attempt to prevent the Secretary of State or their staff from performing any of their election-related duties.
The bill would clarify that these and related penal provisions in the Elections Code apply to the election observation process.
By creating a new crime and expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy, as specified, to achieve a reduction in the statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Existing law requires the state board, in consultation with the Department of Food and Agriculture, to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with the strategy, by up to 40% below the dairy sector’s and livestock sector’s 2013 levels by 2030.

This bill would require, on or before August 1, 2026, the state board, in consultation with the Department of Food and Agriculture, to create a feed additive program to reduce emissions from dairy cattle, to be achieved through the use of voluntary incentives, if and when effective feed additives are demonstrated to be scientifically proven, cost effective, and safe. The bill would require the state board, in order to achieve that goal, to convene a workgroup to complete a comprehensive assessment of the potential impacts of feed additives on dairy cattle and to implement a voluntary incentives program consistent with the
findings of the workgroup as set forth in the assessment.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
NOYES  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 18502 of the Elections Code is amended to read:

Any

18502.

 (a) Any person who in any manner interferes with the officers holding an election or conducting a canvass, or with the voters lawfully exercising their rights of voting at an election, any of the following
as to prevent the election or canvass from being fairly held and lawfully conducted, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. years:

(1) An elections official or their staff, including temporary workers and volunteers, in their performance of any duty related to conducting an election or canvass.

(2) A member of a precinct board, in their performance of any duty related to assisting with conducting an
election or canvass.

(3) A voter lawfully exercising their rights of voting at an election.

(b) For purposes of this section, “conducting an election or canvass” includes the election observation process governed by this code and applicable regulations adopted by the Secretary of State.

(c) For purposes of this section, “voting at an election” includes voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by
mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 2.

 Section 18502.5 is added to the Elections Code, to read:

18502.5.

 (a) Every person who makes or hires or arranges for any other person to make use of or threatens to make use of any force, violence, or tactic of coercion or intimidation to prevent or attempt to prevent any of the following is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years:

(1) An elections official or their staff, including temporary workers and volunteers, from performing any duty related to conducting an election or canvass.
(2) A member of the precinct board from performing any duty related to assisting with conducting an election or canvass.
(3) The Secretary of State as the chief elections officer, or their staff, from performing any duties related to administering the provisions of this code.
(b) For purposes of this section, “conducting an election or canvass” includes the election observation process governed by this code and applicable regulations adopted by the Secretary of State.

SEC. 3.

 Section 18540 of the Elections Code is amended to read:

18540.

 (a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) Every person who hires or arranges for any other person to make use of or threaten to make use of any force, violence, or tactic of coercion or intimidation, to induce or
compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(c) For purposes of this section, “voting at any election” includes voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SECTION 1.

It is the intent of the Legislature to do all of the following:

(a)Provide incentives for scientifically effective, safe, and economic feed additives that reduce methane emissions from enteric fermentation in dairy cattle.

(b)Signal to investors and manufacturers California’s interest and support for scientifically sound feed additives that can reduce methane in dairy
cattle.

(c)Recognize the need for more accurate and available research on enteric fermentation solutions for the timely approval of dairy cattle feed additives that require safety approval from federal and state agencies.

(d)Recognize the Department of Food and Agriculture’s and the United States Food and Drug Administration’s existing efforts to support expedited approval methods for dairy cattle feed additives, and encourage further partnership that also ensures no harm to public health, animal health, and environmental health.

SEC. 2.Section 39730.7.5 is added to the Health and Safety Code, to read:

39730.7.5.

(a)On or before August 1, 2026, the state board shall, in consultation with the Department of Food and Agriculture, create a feed additive program to reduce emissions from dairy cattle, which shall be achieved through the use of voluntary incentives, if and when effective feed additives are demonstrated to be scientifically proven, cost effective, and safe.

(b)In order to achieve the goal described in subdivision (a), the state board shall do both of the following:

(1)Convene a workgroup to complete a comprehensive assessment of the potential impacts of feed additives on dairy cattle.

(2)Implement a voluntary
incentives program consistent with the findings of the workgroup as set forth in the assessment described in paragraph (1).

(c)This section does not limit the provisions of Section 39730.7.



Amended
 IN 
Assembly
 July 06, 2023

Amended
 IN 
Assembly
 June 22, 2023

Amended
 IN 
Senate
 May 01, 2023

Amended
 IN 
Senate
 April 19, 2023

Amended
 IN 
Senate
 March 30, 2023

Amended
 IN 
Senate
 March 20, 2023



CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to amend Sections 18502 and 18540 of, and to add Section 18502.5 to, of the Elections Code, relating to elections.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Becker.
Elections: election worker protections.

Existing law makes interfering in any manner with the officers holding an election or conducting a canvass or with a voter lawfully exercising their right of voting at an election, in order to prevent the election or canvass from being fairly held and lawfully conducted, a crime punishable by imprisonment for 16 months or 2 or 3 years.
This bill would expand that this crime to include interference with an elections official or their staff, including temporary workers and volunteers, or a member of a precinct board, in their performance of any duty related to conducting an election or canvass in order to prevent the election or canvass from being fairly
held and lawfully conducted. The bill would clarify that “conducting an election or canvass” for purposes of this crime includes the election observation process.

The bill would also make it a crime punishable
by imprisonment for 16 months or 2 or 3 years to use or threaten to use force, violence, or coercion or intimidation, or to hire or arrange for any other person to do so, to prevent or attempt to prevent an elections official, their staff, or a member of a precinct board from performing any duty related to conducting an election or canvass, or to prevent or attempt to prevent the Secretary of State or their staff from performing any of their election-related duties.

The bill would clarify that these and related penal provisions in the Elections Code apply to the election observation process.

By creating a new crime and expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California
Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
YES  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 18502 of the Elections Code is amended to read:

18502.

 (a) Any person who in any manner interferes with any of the following as to prevent the election or canvass from being fairly held and lawfully conducted, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years:

(1) An elections official or their staff, including temporary workers and volunteers, in their performance of any duty related to conducting an election or canvass.
(2) A member of a precinct board, in their performance of any duty related to assisting with conducting an election or canvass.
(3) A voter lawfully exercising their rights of voting at an election.
(b) For purposes of this section, “conducting an election or canvass” includes the election observation process governed by this code and applicable regulations adopted by the Secretary of State.
(c) For purposes of this section, “voting at an election” includes voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 2.Section 18502.5 is added to the Elections Code, to read:

18502.5.

(a)Every person who makes or hires or arranges for any other person to make use of or threatens to make use of any force, violence, or tactic of coercion or intimidation to prevent or attempt to prevent any of the following is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years:

(1)An elections official or their staff, including temporary workers and volunteers, from performing any duty related to conducting an election or canvass.

(2)A member of the precinct board from performing any duty related to assisting with conducting an election or canvass.

(3)The Secretary of State as the chief elections officer, or their staff, from performing any duties related to administering the provisions of this code.

(b)For purposes of this section, “conducting an election or canvass” includes the election observation process governed by this code and applicable regulations adopted by the Secretary of State.

SEC. 3.SEC. 2.

 Section 18540 of the Elections Code is amended to read:

18540.

 (a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) Every person who hires or arranges for any other person to make use of or threaten to
make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
(c) For purposes of this section, “voting at any election” includes voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section
3017.

SEC. 4.SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.



Amended
 IN 
Assembly
 August 14, 2023

Amended
 IN 
Assembly
 July 06, 2023

Amended
 IN 
Assembly
 June 22, 2023

Amended
 IN 
Senate
 May 01, 2023

Amended
 IN 
Senate
 April 19, 2023

Amended
 IN 
Senate
 March 30, 2023

Amended
 IN 
Senate
 March 20, 2023



CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to amend Sections 18502 and 18540 of the Elections Code, relating to elections.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Becker.
Elections: election worker protections.

Existing law makes interfering in any manner with the officers holding an election or conducting a canvass or with a voter lawfully exercising their right of voting at an election, in order to prevent the election or canvass from being fairly held and lawfully conducted, a crime punishable by imprisonment for 16 months or 2 or 3 years.
This bill would expand this crime to include interference with specify that for purposes of this crime, “officers holding an election or conducting a canvass” include, but are not limited to, the Secretary of State and their staff, in their performance of any of their duties related to administering the provisions of the Elections Code,
an elections official or their staff, including temporary workers and volunteers, workers, or a member of a precinct board, in their performance of any duty related to conducting an election or canvass in order to prevent the election or canvass from being fairly held and lawfully conducted. The bill would clarify that “conducting an election or canvass” for purposes of this crime includes the election observation process.
By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making
that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
YES  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 18502 of the Elections Code is amended to read:

18502.

 (a) Any person who in any manner interferes with any of the following the officers holding an election or conducting a canvass, or with the voters lawfully exercising their rights of voting at an election, as to prevent the election or canvass from being fairly held and lawfully conducted, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years:
years.

(1)An elections official or their staff, including temporary workers and volunteers, in their performance of any duty related to conducting an election or canvass.

(2)A member of a precinct board, in their performance of any duty related to assisting with conducting an election or canvass.

(3)A voter lawfully exercising their rights of voting at an election.

(b) For purposes of this section, “officers holding an election or conducting a canvass” include, but are not limited to, the Secretary of State as the chief elections officer, and their staff, as it relates to performance of any of their duties related to administering the provisions of the Elections Code, and elections officials or their staff, including temporary workers and volunteers, and members of a precinct board, in their performance of any duty related to assisting with conducting an election or canvass.

(b)

(c) For purposes of this section, “conducting an election or canvass” includes
includes, but is not limited to, the election observation process governed by this code and applicable regulations adopted by the Secretary of State.

(c)

(d) For purposes of this section, “voting at an election” includes includes, but is not limited to, voting in person at a polling place or at the office of the elections official, including satellite
locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 2.

 Section 18540 of the Elections Code is amended to read:

18540.

 (a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) Every person who hires or arranges for any other person to make use of or threaten to
make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
(c) For purposes of this section, “voting at any election” includes includes, but is not limited to, voting in person at a polling place or
at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.



Amended
 IN 
Assembly
 September 01, 2023

Amended
 IN 
Assembly
 August 14, 2023

Amended
 IN 
Assembly
 July 06, 2023

Amended
 IN 
Assembly
 June 22, 2023

Amended
 IN 
Senate
 May 01, 2023

Amended
 IN 
Senate
 April 19, 2023

Amended
 IN 
Senate
 March 30, 2023

Amended
 IN 
Senate
 March 20, 2023



CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to amend Sections 18502 and 18540 of the Elections Code, relating to elections.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Becker.
Elections: election worker protections.

Existing law makes interfering in any manner with the officers holding an election or conducting a canvass or with a voter lawfully exercising their right of voting at an election, in order to prevent the election or canvass from being fairly held and lawfully conducted, a crime punishable by imprisonment for 16 months or 2 or 3 years.
This bill would specify that for purposes of this crime, “officers holding an election or conducting a canvass” include, but are not limited to, the Secretary of State and their staff, in their performance of any of their duties related to administering the provisions of the Elections Code, an elections official or and
their staff, including temporary workers, workers and poll workers, or a member of a precinct board, in their performance of any duty related to conducting holding an election or conducting a canvass in order to prevent the election or canvass from being fairly held and lawfully conducted. The bill would clarify that “conducting “holding
an election or conducting a canvass” for purposes of this crime includes the election observation process.
By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
YES  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 18502 of the Elections Code is amended to read:

18502.

 (a) Any person who in any manner interferes with the officers holding an election or conducting a canvass, or with the voters lawfully exercising their rights of voting at an election, as to prevent the election or canvass from being fairly held and lawfully conducted, or with the voters lawfully exercising their rights of voting at an election, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) For purposes of this section, “officers holding an
election or conducting a canvass” include, but are not limited to, the Secretary of State as the chief elections officer, and their staff, as it relates to performance of any of their duties related to administering the provisions of the Elections Code, and elections officials or and their staff, including temporary workers and volunteers, poll workers, and members of a precinct board, in their performance of any duty related to assisting with
holding an election or conducting an election or a canvass.
(c) For purposes of this section, “conducting “holding an election or conducting a canvass” includes, but is not limited to, the election observation process governed by this code
the Elections Code and applicable regulations adopted by the Secretary of State.
(d) For purposes of this section, “voting at an election” includes, but is not limited to, voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 2.

 Section 18540 of the Elections Code is amended to read:

18540.

 (a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) Every person who hires or arranges for any other person to make use of or threaten to
make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
(c) For purposes of this section, “voting at any election” includes, but is not limited to, voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of
Section 3017.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.



Enrolled
 September 18, 2023

Passed
 IN 
Senate
 September 14, 2023

Passed
 IN 
Assembly
 September 12, 2023

Amended
 IN 
Assembly
 September 01, 2023

Amended
 IN 
Assembly
 August 14, 2023

Amended
 IN 
Assembly
 July 06, 2023

Amended
 IN 
Assembly
 June 22, 2023

Amended
 IN 
Senate
 May 01, 2023

Amended
 IN 
Senate
 April 19, 2023

Amended
 IN 
Senate
 March 30, 2023

Amended
 IN 
Senate
 March 20, 2023



CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION



Senate Bill
No. 485


Introduced by Senator Becker
February 14, 2023


An act to amend Sections 18502 and 18540 of the Elections Code, relating to elections.



LEGISLATIVE COUNSEL’S DIGEST

SB 485, Becker.
Elections: election worker protections.

Existing law makes interfering in any manner with the officers holding an election or conducting a canvass or with a voter lawfully exercising their right of voting at an election, in order to prevent the election or canvass from being fairly held and lawfully conducted, a crime punishable by imprisonment for 16 months or 2 or 3 years.
This bill would specify that for purposes of this crime, “officers holding an election or conducting a canvass” include, but are not limited to, the Secretary of State and their staff, in their performance of any of their duties related to administering the provisions of the Elections Code, an elections official and
their staff, including temporary workers and poll workers, or a member of a precinct board, in their performance of any duty related to holding an election or conducting a canvass in order to prevent the election or canvass from being fairly held and lawfully conducted. The bill would clarify that “holding
an election or conducting a canvass” for purposes of this crime includes the election observation process.
By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
YES  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 18502 of the Elections Code is amended to read:

18502.

 (a) Any person who in any manner interferes with the officers holding an election or conducting a canvass, as to prevent the election or canvass from being fairly held and lawfully conducted, or with the voters lawfully exercising their rights of voting at an election, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) For purposes of this section, “officers holding an
election or conducting a canvass” include, but are not limited to, the Secretary of State as the chief elections officer, and their staff, as it relates to performance of any of their duties related to administering the provisions of the Elections Code, and elections officials and their staff, including temporary workers and poll workers, and members of a precinct board, in their performance of any duty related to assisting with
holding an election or conducting a canvass.
(c) For purposes of this section, “holding an election or conducting a canvass” includes, but is not limited to, the election observation process governed by
the Elections Code and applicable regulations adopted by the Secretary of State.
(d) For purposes of this section, “voting at an election” includes, but is not limited to, voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 2.

 Section 18540 of the Elections Code is amended to read:

18540.

 (a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) Every person who hires or arranges for any other person to make use of or threaten to
make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
(c) For purposes of this section, “voting at any election” includes, but is not limited to, voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of
Section 3017.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.



Senate Bill

No. 485


CHAPTER 611


An act to amend Sections 18502 and 18540 of the Elections Code, relating to elections.


[
Approved by

Governor
 October 08, 2023.

Filed with

Secretary of State
 October 08, 2023.
]


LEGISLATIVE COUNSEL’S DIGEST

SB 485, Becker.
Elections: election worker protections.

Existing law makes interfering in any manner with the officers holding an election or conducting a canvass or with a voter lawfully exercising their right of voting at an election, in order to prevent the election or canvass from being fairly held and lawfully conducted, a crime punishable by imprisonment for 16 months or 2 or 3 years.
This bill would specify that for purposes of this crime, “officers holding an election or conducting a canvass” include, but are not limited to, the Secretary of State and their staff, in their performance of any of their duties related to administering the provisions of the Elections Code, an elections official and
their staff, including temporary workers and poll workers, or a member of a precinct board, in their performance of any duty related to holding an election or conducting a canvass in order to prevent the election or canvass from being fairly held and lawfully conducted. The bill would clarify that “holding
an election or conducting a canvass” for purposes of this crime includes the election observation process.
By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key


Vote:
MAJORITY  
Appropriation:
NO  
Fiscal Committee:
YES  
Local Program:
YES  

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 18502 of the Elections Code is amended to read:

18502.

 (a) Any person who in any manner interferes with the officers holding an election or conducting a canvass, as to prevent the election or canvass from being fairly held and lawfully conducted, or with the voters lawfully exercising their rights of voting at an election, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) For purposes of this section, “officers holding an
election or conducting a canvass” include, but are not limited to, the Secretary of State as the chief elections officer, and their staff, as it relates to performance of any of their duties related to administering the provisions of the Elections Code, and elections officials and their staff, including temporary workers and poll workers, and members of a precinct board, in their performance of any duty related to assisting with
holding an election or conducting a canvass.
(c) For purposes of this section, “holding an election or conducting a canvass” includes, but is not limited to, the election observation process governed by
the Elections Code and applicable regulations adopted by the Secretary of State.
(d) For purposes of this section, “voting at an election” includes, but is not limited to, voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

SEC. 2.

 Section 18540 of the Elections Code is amended to read:

18540.

 (a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) Every person who hires or arranges for any other person to make use of or threaten to
make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
(c) For purposes of this section, “voting at any election” includes, but is not limited to, voting in person at a polling place or at the office of the elections official, including satellite locations pursuant to Section 3018, and voting by mail and returning a voted ballot pursuant to subdivision (a) of
Section 3017.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.