CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1620

Introduced by Assembly Member Aguiar-Curry

January 10, 2022

An act to add Chapter 1.5 (commencing with Section 7401) to Part 4 of Division 4 of the Food and Agricultural Code, relating to weeds.


LEGISLATIVE COUNSEL'S DIGEST


AB 1620, as introduced, Aguiar-Curry. Broomrape Control Program.
Existing law establishes within state government the Department of Food and Agriculture in order to promote and protect the agricultural industry of the state. Existing law provides for the regulation of weeds and pest seeds generally.
This bill would establish the Broomrape Control Board within the Department of Food and Agriculture to advise the Secretary of Food and Agriculture and make recommendations on all matters relating to Broomrape, as specified. The bill would require the secretary to appoint at least 12 members to the board, consisting of at least 3 representatives from each specified geographical district and that are persons recommended by the tomato industry and approved by the secretary. The bill would authorize the secretary to appoint a public member and ex officio nonvoting members to the board, as specified.
The bill would require the board to recommend specified actions to the secretary, including, among other things, conducting research related to Broomrape, surveying, detecting, analyzing, and treating causes of Broomrape, and establishing an annual assessment rate or schedule of rates to be paid equally by producers and handlers. The bill would require the secretary, upon receipt of a recommendation from the board for the adoption of regulations, to accept, reject, or request that the board provide additional information within 30 working days. The bill would authorize the secretary to adjust the assessment rate or schedule of rates from time to time when recommended by the board and would require the assessments collected from producers to be paid by handlers to the secretary. The bill would provide that any assessment that is imposed on the producer or handler is a personal debt of the person assessed and would require the payment of a specified penalty if the assessment is not paid. The bill would require any funds received by the secretary pursuant to the above provision and from other sources to benefit the Broomrape Control Program to be deposited in an account specified by the board to be expended for the purposes, administration, and enforcement of the program.
The bill would require the above provisions to become inoperative on December 31, 2027, unless a later enacted statute extends the date on which it becomes inoperative. Upon termination, the bill would require any remaining funds received pursuant to the above provisions to be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period before the inoperative date, unless the secretary finds the amounts returnable are minimal and therefore impractical to refund, or the person who paid the assessment cannot be located, in which case the funds may be used for Broomrape control or related research activities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 1.5 (commencing with Section 7401) is added to Part 4 of Division 4 of the Food and Agricultural Code, to read:
CHAPTER  1.5. Broomrape Control Program
Article  1. General Provisions

7401.
 The Legislature hereby finds and declares all of the following:
(a) Broomrape is an invasive weed that presents a clear and present danger to California’s tomato industry and several other commodities grown in California due to its harmful impact on crop yields.
(b) The state’s agricultural economy could be rapidly and seriously damaged if measures are not expanded to prevent the spread of Broomrape, which can produce an estimated 10,000 to 100,000 seeds per infectious plant.
(c) Financial support for the purposes of this chapter shall be provided by commodities designated in this chapter or included by the board and concurred in by the secretary in accordance with procedures specified in this chapter, and by public funds when available.
(d) The necessity of controlling Broomrape is recognized as being in the public interest.
(e) This chapter is enacted in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.

7402.
 There is hereby established in the department a Broomrape Control Program.

Article  2. Definitions

7405.
 Unless the context requires otherwise, the following definitions govern the construction of this chapter:
(a) “Board” means the Broomrape Control Board.
(b) “Broomrape” or “Orobanche” means a small parasitic herbaceous plant.
(c) “Department” means the Department of Food and Agriculture.
(d) (1) “Districts” consists of the following geographical areas:
(A) District 1: The Counties of Butte, Colusa, Glenn, Placer, Solano, Sutter, Yolo, and Yuba.
(B) District 2: The Counties of Alameda, Contra Costa, Sacramento, San Benito, San Joaquin, Santa Clara, and Stanislaus.
(C) District 3: The Counties of Fresno, Madera, Merced, Monterey, San Luis Obispo, Santa Barbara, and Santa Cruz.
(D) District 4: The Counties of Imperial, Kern, Kings, Riverside and Tulare, and that portion of the County of Los Angeles lying north of the San Gabriel Mountains.
(2) When necessary to accomplish the purposes of this chapter, additional areas of the state may be added to these districts or additional districts may be established when recommended by the board and approved by the secretary.
(e) “Handler” means a person or entity who receives tomatoes from a producer and who prepares the tomatoes for processing.
(f) “Person” means a producer, handler, or any other entity that holds title to tomatoes subject to assessment pursuant to this chapter.
(g) “Producer” means a person engaged in the commercial production of processing tomatoes in California.
(h) “Secretary” means the Secretary of Food and Agriculture.

Article  3. Broomrape Control Board

7410.
 There is hereby established in the department a Broomrape Control Board.

7411.
 (a) The secretary shall appoint at least 12 members to the board. The board shall consist of at least three representatives from each district and shall be comprised of persons recommended by the tomato industry and approved by the secretary.
(b) The term of service and other board related operational issues shall be established by the board and approved by the secretary.
(c) The secretary may appoint a public member to the board from a list of persons provided by the board who do not have a financial interest in any commodities subject to this chapter but may have general knowledge of commercial agricultural practices. The public member shall have the same voting and other rights and immunities as other members of the board.
(d) The secretary, in consultation with the board, may appoint nonvoting ex officio members to the board, including, but not limited to, county agricultural commissioners, pest control advisors, and representatives of the University of California and California State University system.

7412.
 Persons appointed to the board are intended to represent and further the interest of the particular agricultural commodities concerned, and that the representation and furtherance is intended to serve the public interest and accordingly is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

7413.
 A member or agent of the board shall not be personally liable for the actions of the board or the department. A member or agent of the board shall not be responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, by either commission or omission, as a principal, agent, or employee except for their own individual acts of dishonesty or crime. A member or agent of the board is not responsible individually for an act or omission of any other member or agent of the board or the department. Liability is several and not joint, and a member or agent of the board is not liable for the default of any other member or agent of the board or the department.

Article  4. Powers and Duties

7420.
 The board shall recommend specific actions to the secretary, including, but not limited to, all of the following:
(a) Conducting research related to Broomrape.
(b) Disseminating technical information and progress reports to stakeholders.
(c) Surveying, detecting, analyzing, and treating causes of Broomrape.
(d) Funding activities required to accomplish the purposes of this chapter.
(e) Establishing an annual assessment rate or schedule of rates that shall be paid equally by producers and handlers.
(f) Establishing an annual budget.
(g) Specifying other commodities produced in California that shall be subject to this chapter, increasing membership on the board to include producers and handlers of those commodities, and establishing an assessment rate consistent with expenditures needed to accomplish the purposes of this chapter.
(h) Adoption of regulations recommended by the board relating to Broomrape.

7421.
 Upon receipt of a recommendation from the board for the adoption of regulations, the secretary shall do one of the following within 30 working days:
(a) Initiate appropriate action to implement the recommendation of the board.
(b) Decline to initiate action on the recommendation of the board and provide the board with a written statement of reasons for the decision.
(c) Request that the board provide additional information regarding the recommendation.

7422.
 The board shall authorize reimbursement of the secretary for all expenditures incurred by the secretary in carrying out the duties and responsibilities specified in this chapter.

7423.
 The secretary shall not receive reimbursement for costs that exceed expenditures authorized in the annual budget without first receiving authorization from the board.

Article  5. Assessments

7430.
 (a) The board shall recommend an assessment rate or schedule of rates for approval by the secretary.
(b) The secretary may adjust the assessment rate or schedule of rates from time to time when recommended by the board.
(c) The assessment rate or schedule of rates may vary from district to district and from commodity to commodity based on the degree of vulnerability to damage from Broomrape experienced by producers.

7431.
 The assessments collected from producers shall be paid by handlers to the secretary as provided by the secretary.

7432.
 (a) Any assessment that is imposed on the producer or handler pursuant to this article is a personal debt of the person assessed.
(b) Failure to collect the assessment does not exempt the person assessed from liability and does not relieve a person from the obligation to pay the assessment.
(c) Any person who fails to file a report or pay the assessment or otherwise comply with this chapter shall pay a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1.5 percent interest per month on the unpaid balance of the assessment and the penalty.

7433.
 Any funds received by the secretary pursuant to this article and from other sources to benefit the Broomrape Control Program shall be deposited in an account specified by the board and shall be expended for the purposes, administration, and enforcement of this chapter.

Article  6. Enforcement

7435.
 The secretary may establish and enforce provisions consistent with the intent expressed in this chapter and any action shall be liberally construed to effectuate the intent of this chapter.

Article  7. Operation

7440.
 This chapter shall become inoperative on December 31, 2027, unless a later enacted statute extends the date on which it becomes inoperative.

7441.
 Upon termination of this chapter, any remaining funds received pursuant to this chapter shall be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period before the inoperative date, unless the secretary finds the amounts returnable are minimal and therefore impractical to refund, or the person who paid the assessment cannot be located, in which case the funds may be used for Broomrape control or related research activities.