To: Board of Supervisors
From: Sheriff
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
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Agricultural Access Pass Program Update
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Authorize the Humboldt County Sheriff and the Agricultural Department to update the agricultural access pass program for the purpose of issuing identification documents granting any qualifying agricultural producer access to the qualifying producer’s property during local emergencies.
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STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Safe & Healthy Communities
Strategic Plan Category: 1001 -Support and sustain partnerships between public safety and partner agencies to enhance public safety in our communities
DISCUSSION:
Assembly Bill 1103 (AB 1103) authorizes the establishment of a livestock pass program, also known as an Agricultural (Ag) Pass Program, for the purpose of issuing identification documents granting any qualified livestock producer or managerial employee of the qualifying livestock producer, as defined in the Food & Agriculture Code Section 2350 and Health & Safety Code Section 13105.6, access to the qualifying livestock producer’s or cannabis grower’s property during or following a flood, storm, fire, earthquake, or other disaster. In Humboldt County, this program allows for qualifying agricultural producers, livestock operators and cannabis producers and their managerial employees to access their property to tend to crops and livestock when access is deemed safe and granted by emergency response personnel.
In order to qualify for an agricultural access pass, applicants must first complete state mandated training, per Food & Agriculture Code Section 2350, that at a minimum provides education regarding basic fire behavior, communications during a disaster emergency and incident command structure. After completion of the training, the Ag Pass holder shall adhere to all requirements. Additionally, applicants must provide the county agency administering the program with documentation sufficient to demonstrate that the applicant is a bona fide agricultural producer, including, but not limited to any of the following:
Traditional Agriculture and Livestock applicants:
A. An operator identification number issued by a county agricultural commissioner.
B. An Internal Revenue Service Schedule F (Form 1040) attesting to the applicant’s Profit or Loss From Farming.
C. Assessor’s parcel numbers confirm agricultural zoning for the property or properties upon which access is sought.
D. Agricultural land lease documentation.
E. Documentation attesting to the applicant’s enrollment in a Williamson Act contract as authorized pursuant to Chapter 7 (commencing with Section 51200) or Part 1 of Division 1 of Title 5 of the Government Code.
F. Documentation from the United States Department of Agriculture Farm Service Agency attesting that the applicant is a commercial livestock producer.
G. Current registration of a livestock brand with the Bureau of Livestock Identification, and;
H. A parcel number(s) associated with the business.
Commercial Cannabis Applicants:
A. Humboldt County issued Cannabis Cultivation Permit Number, or;
B. State Cannabis license, and;
C. A parcel number(s) associated with the business.
Additionally, an applicant for an Ag Access Pass will need to furnish an address and a description and/or a map of all lands owned or managed by the applicant for which access is sought.
The Ag Pass will be valid for two years from the completion of the training date, plus any remaining calendar days in that final year. Continued validity requires the pass holder to remain eligible and in good standing within the Ag Pass Program.
Each business may have up to five Ag Pass holders. If a person owns multiple businesses or is an eligible Ag Pass holder for another business, that person may be eligible for an Ag Pass for each business.
Approved program activities are limited to:
1. Evacuating, transporting, sheltering, feeding, watering, administering veterinary care to livestock.
2. Irrigating crops.
3. Fueling emergency generators or providing auxiliary support to peace officers and emergency personnel (such as identifying access roads and water points).
Activities not currently allowed include harvesting or sowing crops, food processing, and facility repairs. Exceptions may be granted by the incident commander.
SOURCE OF FUNDING:
General Fund (1100), Office of Emergency Services (OES) (221800)
FINANCIAL IMPACT:
The financial impact for administering this program is limited to staff time reviewing applications and determining status and material costs associated with printing physical access passes and outreach materials.
STAFFING IMPACT:
This program is facilitated utilizing existing OES and the Agricultural Commissioner’s Office staff.
OTHER AGENCY INVOLVEMENT:
Humboldt County Farm Bureau
UC Cooperative Extension
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board could choose not to authorize the modifications to this program, however, this could potentially impact numerous agricultural businesses and contribute to increased economic loss during local/regional emergencies.
ATTACHMENTS:
1. Assembly Bill 1103
2. 2026 Humboldt County Agricultural Pass Program Overview
PREVIOUS ACTION/REFERRAL:
Meeting of: 6/4/2024
File No.: 24-923