Your Food, Your Legislature: 2018 Session May Be Short on Agreement

The 2018 session of the Oregon Legislature may end up like the vacation we took to France many years—by that I mean decades—ago. I'd studied maps and read guide books, planning what I was sure would be a leisurely road trip through the French countryside, sipping coffee at sidewalk cafés, staying in small inns and meeting charming locals. While it certainly had moments of leisure and charm, it turned out to be a two-week, cross-country marathon of rushing from one pre-arranged reservation to the next.

In other words, I had bitten off more than we could (comfortably) chew.

Do we want our farms to look like this?

That little tale relates to this year's legislative session in the fact that legislators, by law, have just 35 days to convene, conduct and finish their work in Salem. That's because, in 2010, Oregon went from bi-annual sessions to annual sessions, lasting 160-days in odd-numbered years with the shorter sessions in even-numbered years.

These shorter sessions were originally designed so legislators could take care of budget issues that might arise between the longer sessions. But, of course, politicians being politicians, the agenda often strays beyond that boundary. This year is no different.

Originally the session would have dealt with a devastating budget shortfall that would have befallen the state had Measure 101, the Healthcare Insurance Premiums Tax for Medicaid Referendum—a fee on hospitals and insurance companies to fund Medicaid, which provides healthcare coverage to 1 in 4 Oregonians—not passed.

Or like this?

Though Oregon still faces a $200 to $300 million dollar shortfall due to cuts in federal tax laws passed by the Republican-controlled Congress in Washington, DC, legislators have decided to take up a bill they're calling the Clean Energy Jobs bill (Senate bill SB 1507 and a House version, HB 4001). According to an article in the Oregonian, it would create "a limit on greenhouse gas emissions [that] would require many of Oregon's largest polluters to pay for their emissions by purchasing allowances at an auction. The state would spend the proceeds from the auctions to reduce the financial impact to households, support projects that reduce greenhouse gas emissions and help areas disproportionately impacted by climate change."

In other words, a classic cap-and-trade system.

Though House leaders like Speaker Tina Kotek and Majority Leader Jennifer Williamson are working hard to push it forward, Senate leaders, particularly Senate President Peter Courtney, are already backing away from committing to pass a major piece of legislation on such a short timeline.

And how does this affect issues of the state's food system, which you'd expect to read about here?

Like this?

When establishing this cap on greenhouse gas emissions from industrial sources, it will create a fund to address the impacts of climate change and support climate-friendly farming practices.

"While the amount of money available is unknown at this stage, the bills have the potential to support a wide range of activities and practices on farms that sequester carbon in soils, reduce energy use, encourage irrigation efficiency, and protect both working land and natural areas on farms and ranches," wrote Friends of Family Farmers Policy Director Ivan Maluski. "Farmers are not only on the front lines of experiencing climate change impacts like extreme weather and uncertain water supplies, as land managers we can also be part of the solution."

Or like this?

Not unexpectedly, industrial representatives are working to alter, if not quash, the legislation. Already the state's largest mega-dairies have inserted a loophole to exempt them from reducing, or even reporting, their annual methane emissions. And Shelly Boshart Davis, Monsanto's 2015 Farm Mom of the Year, weighed in on the bill in an op-ed, writing  that she was "dismayed" by legislation she feels would "stifle my ability to invest in sustainable technology and dramatically increase the cost of running my company," complaining about the increase of "$50 per month by some estimates" to her family's business, Boshart Trucking, reported to have annual sales of more than $8 million.

Whether this bill actually makes it to a vote this session or legislators decide to postpone it until 2019, you can get more information and weigh in on this legislation now.

Your Food, Your Legislature: Do-Or-Die Time

Your Food, Your Legislature is a series of reports giving Oregon consumers a heads-up on issues before the current session of the legislature that affect the food we are putting on our tables, as well as providing you with contact information to voice your opinion on those issues. 

The 2017 Oregon legislative session is half over, which means it's make-or-break time for bills to move out of committees or die if they don't get the support needed to go to the legislature for a vote. There are bills that directly affect our food system and the farmers we depend on to put food on our tables, so it's urgent that you act now.

Regulating air contaminants from mega-dairies, SB 197, has just taken on new urgency with the approval last week of Lost Valley Farm, a California-owned, 30,000-cow mega-dairy in the town of Boardman on the Columbia River, joining North Dakota-based Threemile Canyon Farms, a 70,000-cow factory farm nearby. This bill is based on the Dairy Air (no, I didn't make that up) Quality Task Force recommendations from 2008—never enacted—that called for the adoption of a combination of voluntary and regulatory measures to monitor and control the emissions from larged Concentrated Animal Feeding Operations (CAFOs).

Young supporters of Oregon farmers rally at the State Capitol in Salem.

Since 2008, elevated concentrations of ammonia from Threemile Canyon Farms has been linked to acid deposits in the Columbia River Gorge, and nitrogen compounds are contributing to elevated levels of ozone in the vicinity. Acid rain falls frequently and a permanent haze hangs over the area. If these problems aren't dealt with now, especially with the addition of Lost Valley Farm and the pollution from both facilities' open-air cess-pits (one of several covers 20 acres of land), the cost of clean-up could run into the millions for Oregon's taxpayers, not to mention the degradation of the quality of life and safety of the area's residents.

Oregon has lost nearly 75% of its small dairies since 2001, when the first mega-dairy opened in the state and started flooding the market with cheap, factory farm milk, driving down prices to the point where smaller family-run operations couldn't make a living. With neighboring states (California, Washington and Idaho) establishing tougher environmental standards, these out-of-state-owned mega-dairies and their polluting systems are flocking to Oregon.

Farmers and supporters rally in Salem.

To act now, contact your state legislators, especially your Senators, and urge them to support this bill, currently in the Senate Environment and Natural Resources Committee. It must move out of that committee by Tuesday, April 18, or it will die. Call or e-mail and tell your legislators who you are, where you live, what you do and why it's important for them to act on this bill. If you can, also contact the members of the committee, listed below. They are under tremendous pressure from mega-dairies—with their mega-money—and agribusiness lobbyists who are against any attempt at regulating their industries.

• Sen. Alan Olsen: phone 503-986-1720; e-mail
• Sen. Michael Dembrow: phone 503-986-1723; e-mail
• Sen. Floyd Prozanski: phone 503-986-1704; e-mail
• Sen. Chuck Thomsen: phone 503-986-1726; e-mail 

Here is the message I sent in an e-mail to the Senators listed above: "I am an Oregon resident and I am contacting you to ask that you pass SB 197 out of your committee and send it to the legislature for a vote. Oregon’s air quality should not be compromised by out-of-state mega-dairies flocking here to take advantage of our lax regulatory system. Thank you."

* * *

Local regulation of genetically engineered crops (HB 2469): This bill allows counties in Oregon to protect farmers within their boundaries from contamination of their crops by genetically engineered (GE) crops. It effectively repeals a bill dubbed the "Monsanto Protection Act" that was signed into law in 2013 by then-Governor John Kitzhaber that took away the rights of local communities to set local food and agriculture policies. If passed, it allows counties to once again regulate or ban GE crops to protect farmers growing traditional crops, and it would leave in place an existing ban on GE crops that passed in Jackson County on May 20, 2014.

Oregon farmers and supporters rally in Salem.

Allowing farmers to seek damages for contamination (HB 2739): This bill clarifies that the responsibility of contamination of a farmer's crops by another farmer's GE crops lies with the patent-holder, allowing the court to award prevailing plaintiff costs, attorney fees and triple the economic damages. In many cases in the past, the farmer who is the victim of contamination has not only lost his crops, but has been successfully sued by the patent-holder for "stealing" the GE crops. In addition, in some cases organic farmers have lost their organic certification due to this kind of contamination by GE crops, essentially putting them out of business. Oregon farmers deserve to have legal recourse in the event of this kind of contamination.

Maintaining funding for farm-to-school programs (HB 2038):  Currently, Governor Kate Brown’s proposed two-year budget cut all funding for Farm-to-School programs. In 2015, the Legislature provided over $5 million in funding for a farm-to-school program, but because Oregon is facing a severe budget shortfall of roughly $1.8 billion, top Legislative budget writers earlier this year proposed significant cuts to the program. This bill appropriates funds to the Department of Education for grant programs allowing school districts to purchase Oregon food products and to pay for costs related to food-based, agriculture-based and garden-based educational activities.

Tax credit for renting farmland to beginning farmers (HB 2085). This bill creates a beginning farmer tax credit to encourage landowners to rent land to beginning farmers, with higher rates given for organic practices. Despite growing demand for locally grown food, Oregon is in the midst of land crisis. The state lost nearly 25% of its beginning farmers (those in business fewer than 10 years) between 2007 and 2012, according to the USDA. The average age of farmers in Oregon is now 60 years old, and fast-rising farmland prices are raising serious questions about who will grow our food in the future.

Read the other posts in this series. Find your legislators here. 

Food News: Toxins in PDX Gardens; FDA Begins Testing for Glyphosate in Vegetables

Two stories from the food policy website Civil Eats caught my eye recently. If you like these kinds of stories, consider a subscription to support their reporting on food system issues. I do!

Who hasn't heard about the high levels of toxins found in moss samples surrounding two glass factories in Portland, and then the devastating results of air pollution studies in the metro area? An article on Civil Eats about the city's soil crisis echoed a question I'd had, and that was: If the air and the soil around those factories is polluted, what about my friends in those neighborhoods who garden and raise vegetables to feed their families?

It's hard to think that those leafy green lettuces, juicy red tomatoes and carrots might be contaminated, too. Writer Elizabeth Grossman queried Portland public officials about these concerns and got a disturbing answer. She writes, "Oregon health and environmental authorities have admitted 'it is difficult to say for sure.' They’ve…recommended that people should avoid eating produce grown within a half-mile of the highest mapped metal concentrations until further notice."

Having your soil tested for heavy metals is an expensive process, and Grossman reports that while the EPA has guidelines for levels of heavy metals at toxic waste sites, it has no guidelines for garden soils. The article recommends that if gardeners want to grow vegetables, mitigation efforts include deep raised beds filled with clean soil and compost, and keeping those beds away from roof drip lines that could wash contaminated particles into the soil.

Grossman winds up by asking about the health effects of eating vegetables from contaminated areas and coming into contact with contaminated soil. "Children, says Tulane [University School of Medicine research professor Howard] Mielke, are 'extraordinarily sensitive.' He says there’s not enough research into exposure to soil contaminants so available information is limited. 'You get the runaround with people saying it’s probably safe,' when it may not be, he says. Mielke calls the soil information gap 'enormous.'"

* * *

It's a good news/bad news situation regarding herbicides, at least when it comes to glyphosate, the main ingredient in Monsanto's Roundup, the most widely used herbicide in the world. An article on Civil Eats by Carey Gilliam starts off with the bad news: The U.S. Food and Drug Administration (FDA) has never tested foods like soybeans, corn, milk and eggs for residues from this herbicide, much less established guidelines for how much, if any, might be safe.

Gilliams reports the good news is that, as a direct result of a recent declaration by experts at the World Health Organization that glyphosate is a probable human carcinogen, the FDA is going to start testing for residues of the herbicide on certain foods. She writes that "the FDA’s move comes amid growing public concern about the safety of the herbicide known as glyphosate, and comes after the U.S Government Accountability Office (GAO) rebuked the agency for failing to do such assessments and for not disclosing that short-coming to the public."

Additionally, she reports that "critics say several studies have linked glyphosate to human health ailments, including non-Hodgkin lymphoma and kidney and liver problems, and because glyphosate is so pervasive in the environment, even trace amounts can be harmful due to extended exposure." A U.S. Department of Agriculture (USDA) employee, who spoke under condition of anonymity, said that the FDA plans to initiate testing on corn and soybeans.