Alex Padilla U.S. Senator for California

WASHINGTON, D.C. — As farming communities across the country recover from recent natural disasters, U.S. Senators Alex Padilla (D-Calif.) and Thom Tillis (R-N.C.), along with Representatives Jimmy Panetta (D-Calif.-19), Kat Cammack (R-Fla.-03), Zoe Lofgren (D-Calif.-18), and Austin Scott (R-Ga.-08), announced bipartisan, bicameral legislation to improve access to federal agriculture disaster programs.

Currently, the U.S. Department of Agriculture (USDA) prohibits payments to growers with combined farm and nonfarm adjusted gross income (AGI) above $900,000, which excludes the vast majority of specialty crop growers, such as those growing strawberries in California or apples in North Carolina, from receiving critical disaster relief. The Fair Access to Agriculture Disaster Programs Act would waive the AGI restriction on producers who get 75 percent of their income from farming, ranching, or related farming practices, ensuring producers can access key disaster relief programs.

The legislation comes as the USDA works to deliver $21 billion in agricultural disaster assistance that Congress passed in December for producers impacted by natural disasters in 2023 and 2024, including victims of Tropical Storm Hilary. It also comes ahead of the extended deadlines for Congress to pass the Farm Bill before it expires later this year.

“From wildfires and drought damaging our farmland to storms flooding our fields, growing conditions for farmers in California and across the country are facing unprecedented impacts from natural disasters,” said Senator Padilla. “As we approach the Farm Bill expiration later this year, hundreds of thousands of farmers — including growers devastated by the 2023 Tropical Storm Hilary floods — are still counting on us to make things right. Our bipartisan, bicameral legislation would even the playing field for specialty crop growers hoping to access critical federal agriculture disaster programs.”

“North Carolina farmers are all too familiar with natural disasters and the barriers to access disaster relief programs,” said Senator Tillis. “I am proud to introduce this bipartisan legislation to expand access to critical disaster relief programs for farmers across the state and give them the tools to rebuild when disaster strikes.”

“Barriers to assistance programs for our farmers and ranchers can hold back the recovery of rural economies after natural disasters,” said Representative Panetta. “This bipartisan legislation would ensure that producers who depend on agriculture for their livelihoods can access the resources they need to not only get by during times crisis but also to rebuild stronger. This is a commonsense solution that will strengthen our agricultural safety net and the agriculture of our country.”

“Our farmers, ranchers, and producers work hard every day to feed and clothe our nation.  When disaster strikes, they should be able to access the important programs designed to protect them,” said Representative Cammack. “The AGI limitations set years ago have denied access for producers who truly need it, and the exemption for farms making 75 percent of their income from farming and farming-related practices is much-needed to bolster resilience. I’m glad to join my House and Senate colleagues in leading this effort to ensure fair access to these critical disaster programs.”

“As natural disasters increase in both scope and frequency, the federal government should reform and provide safeguards for local specialty crop producers. The Fair Access to Agriculture Disaster Programs Act does that by revising income limits that often act as barriers to accessing USDA programs. We should all want to make commonsense reforms that help the agriculture industry rebound and stay afloat after disaster strikes,” said Representative Lofgren.

“IFPA commends Sens. Padilla and Tillis for their leadership in advancing the Fair Access to Agriculture Disaster Programs Act. This bipartisan legislation will eliminate unnecessary obstacles for specialty crop growers and expand their access to crucial disaster assistance programs. As economic uncertainty and unpredictable weather continue to challenge the agricultural community, strengthening resilience is more important than ever. This bill represents a significant step toward that goal,” said Cathy Burns, CEO, International Fresh Produce Association.

“We appreciate Sen. Padilla’s dedication to disaster relief for California farmers, who are routinely beset by flooding and wildfires,” said Western Growers President and CEO Dave Puglia. “It is essential that full-time farmers have the ability to access these relief efforts to continue to sustain and support their employees and their communities.”

“Two years after the devastating floods in the Salinas and Pajaro Valleys, many in the California strawberry industry are still affected. Some growers have lost their businesses, others are still struggling to survive. Even though the flood waters have receded, the need for help remains. On behalf of the more than 400 California strawberry growers, shippers, and processors, we are grateful for the work by Senator Padilla and his staff. California grows 90% of the nation’s strawberries, and as America relies on California for fresh fruit, we are now relying on the federal government to step in and help,” said Rick Tomlinson, California Strawberry Commission President.

Catastrophic floods, fires, freezes, and other disasters are disrupting food production and devastating farms across the country, but outdated AGI eligibility requirements disproportionately exclude certain producers from meaningfully participating in USDA disaster programs. The USDA currently prohibits payments to growers with combined farm and nonfarm AGI in excess of $900,000 for most disaster, commodity, and conservation programs, excluding California growers — large and small — who produce higher value specialty crops on expensive land.

These AGI limitations fail to account for high input costs or inflation and leave specialty crop producers without access to critical safety net programs in the wake of disasters. The unique methods utilized in specialty crop production mean these producers generally have fewer effective risk management and relief options than growers of major field crops.

Specifically, the Fair Access to Agriculture Disaster Programs Act waives the AGI limitation for the following disaster programs: Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program (ELAP), Livestock Forage Disaster Program (LFP), Livestock Indemnity Program (LIP), Tree Assistance Program (TAP), and Noninsured Crop Disaster Assistance Program (NAP).

The legislation is endorsed by the Almond Alliance, American Honey Producers Association, Blue Diamond, California Aquaculture Association, California Farm Bureau, California Strawberry Commission, East Coast Shellfish Growers Association, Florida Fruit and Vegetable Association, International Fresh Produce Association, National Aquaculture Association, North Carolina Farm Bureau, Northwest Aquaculture Alliance, Specialty Crop Farm Bill Alliance, and Western Growers.  

Last year, Senator Padilla led a bipartisan coalition of California members in urging the Senate and House Agriculture Committees to incorporate permanent disaster assistance for agricultural producers and communities in the Farm Bill. The letter called for the inclusion of his bipartisan Agricultural Emergency Relief Act, which would create a permanent structure at the USDA to provide relief for farmers who lost crops due to natural disasters. Padilla also introduced the Disaster Relief for Farm Workers Act alongside Senator Michael Bennet (D-Colo.) to provide compensation for farm workers who lose out on work and pay due to extreme weather, public health emergencies, and other disasters. Previously, Padilla introduced a pair of bills to equip the USDA to better meet the needs of farm workers.

A one-pager on the bill is available here.

Full text of the bill is available here.

###