Bill Text: CA AB281 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Citrus disease prevention: California Citrus Pest and

Spectrum: Bipartisan Bill

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 426, Statutes of 2009. [AB281 Detail]

Download: California-2009-AB281-Amended.html

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BILL NUMBER: AB 281	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member De Leon
   (Coauthor: Assembly Member Conway)

                        FEBRUARY 12, 2009

   An act to add Article 2 (commencing with Section 5911) to Chapter
9 of Part 1 of Division 4 of the Food and Agricultural Code, relating
to agriculture.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 281, as amended, De Leon. Citrus disease prevention: California
Citrus Disease Prevention Committee.
   Existing law generally provides for the eradication of pests that
threaten this state's agriculture. Existing law provides that there
is in the Department of Food and Agriculture the California Citrus
Advisory Committee, comprised as specified. The committee is required
to develop and make recommendations to the Secretary of Food and
Agriculture on all matters regarding the implementation of an
inspection program, as provided.
   This bill would create in the Department of Food and Agriculture
the California Citrus Disease Prevention Committee, which would
consist of 17 members (14 producers in the citrus fruit industry, 2
citrus nursery operators, and one public member) to be appointed by
the Secretary of Food and Agriculture, as specified. The bill would
set out the powers and duties of the committee, including, among
others, the authority to conduct, and contract with others to
conduct, informational programs to educate residential owners of
citrus fruit on the prevention of diseases or vectors specific to
citrus and programs for surveying, detecting, and analyzing citrus
diseases. The bill would provide for a monthly assessment, as
provided and for specified related purposes, to be paid by producers,
as defined, and remitted to the department and deposited into the
Department of Food and Agriculture Fund. The bill would provide for a
referendum voting procedure regarding the continued operation of
these provisions.
   Because this bill would impose assessment requirements on
producers and handlers of citrus fruit, the violation of which would
be a misdemeanor under other provisions of existing law, this bill
would create a new crime, thereby imposing 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 2 (commencing with Section 5911) is added to
Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code,
to read:

      Article 2.  Citrus Disease Prevention


   5911.  (a) The Legislature hereby finds and declares that the
citrus killing diseases, Huanglongbing, citrus leprosis, citrus
variegated chlorosis, and citrus canker, and the associated vectors
present a clear and present danger to California's citrus industry,
as well as to other commodities and plant life.
   (b) This article is intended to establish an industry
funded   industry-funded  program to assist with
the control of diseases and vectors specific to citrus when found in
California.
   (c) This article is not intended to create new mandates or
circumvent state and federal authority on other agricultural
commodities.
   (d) This article is not intended to establish a precedent, or to
supersede, or to reduce or in any way alter government funding of the
effort to combat citrus diseases and other pests in this state.
   (e) The prevention and management of citrus diseases is affected
with the public interest. The provisions of this article are enacted
for the protection of the industry and 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.
   5912.  Unless the context otherwise requires, the following
definitions shall govern the construction of this article:
   (a) "Carton" means a unit equivalent to 40 pounds of citrus fruit.

   (b) "Citrus" means "citrous" and any plants of the genera Citrus,
Fortunella, Poncirus, and all hybrids having one or more of such as
parents.
   (c) "Citrus disease" includes any infectious, transmissible, or
contagious disease or vector infesting citrus trees.
   (d) "Committee" means the California Citrus Disease Prevention
Committee.
   (e) "Department" means the Department of Food and Agriculture.
   (f) "Districts," except as otherwise provided in Section 5913,
consist of the following geographical areas:
   (1) District 1 consists of all growing areas in San Bernardino
County and all other areas to the south, west, and east of San
Bernardino County that are not included in any other district.
   (2) District 2 consists of all growing areas in the Counties of
Monterey, San Luis Obispo, Santa Barbara, and Ventura.
   (3) District 3 consists of all growing areas in Kern County.
   (4) District 4 consists of all growing areas in Tulare County.
   (5) District 5 consists of all growing areas in Fresno County and
all other areas to the north that are not included in any other
district.
   (g) "Handler" means a person or entity who receives citrus fruit
from a producer and who prepares the citrus fruit for fresh market.
   (h) "Marketing season" begins October 1 of each year and ends
September 30 of the next year.
   (i) "Person" means a producer, handler, or any other entity that
holds title to citrus fruit subject to assessment.
   (j) "Producer" means any person in this state who is a grower of
citrus fruit, but does not include a citrus nursery.
   (k) "Secretary" means the Secretary of Food and Agriculture.
   5913.  (a) There is hereby created in the department the
California Citrus Disease Prevention Committee.
   (b) The committee shall be composed of 17 members. Fourteen
producer representatives shall be appointed by the secretary from
nominations received from each district. District representation
shall be determined by the secretary on a proportional basis equal to
the production history of each district for the previous two years.
The secretary shall also strive to appoint producers representing the
different varieties of citrus fruit produced in California,
including, but not limited to, oranges, lemons, and grapefruit.
   (c) One member shall be a public member, appointed by the
secretary from the nominees recommended by the committee.
   (d) Two members shall be citrus nursery operators, one
representing northern California, defined as counties in the San
Joaquin Valley and north but not including counties on the coast who
shall be represented by a southern California designee, and one
representing southern California, appointed by the secretary from the
nominees recommended by the committee.
   (e) (1) The initial members of the committee shall be appointed
within 30 days of the enactment of this article. The members shall
serve staggered terms. The terms of the members of the committee
shall expire as follows:
   (A) Two members on September 30, 2010.
   (B) Five members on September 30, 2011.
   (C) Five members on September 30, 2012.
   (D) Five members on September 30, 2013.
   (2) The members of the committee shall allocate the initial terms
among themselves by lot or other method.
   (f) Appointments to the committee shall be for terms of five
years. Vacancies shall be immediately filled by the secretary based
on recommendations from the committee for the unexpired portion of
the terms in which they occur.
   (g) The secretary and other appropriate individuals, as determined
by the committee, shall be nonvoting ex officio members of the
committee.
   (h) Committee members may be compensated for reasonable expenses
actually incurred in the performance of their duties, as determined
by the committee and concurred in by the secretary.
   (i) The committee shall meet at the request of the secretary, the
committee chairperson, or upon the request of three committee
members.
   (j) The committee shall appoint a chairperson, one or more vice
chairpersons, and any other officers it deems necessary.
   (k) The Legislature finds and declares that persons appointed to
the committee are intended to represent and further the interests of
the citrus industry, and that this representation and furtherance is
intended to serve the public interest. Accordingly, the Legislature
finds that, with respect to persons who are appointed to the
committee, the citrus industry is tantamount to, and constitutes, the
public generally within the meaning of Section 87103 of the
Government Code.
   5914.  (a) The powers and duties of the committee are limited to
activities involving the producers of citrus fruit and residential
owners of citrus fruit.
   (b) The committee may do all of the following:
   (1) Conduct, and contract with others to conduct, either or both
of the following:
   (A) Informational programs to educate residential owners of citrus
fruit on the prevention of diseases or vectors specific to citrus.
   (B) Programs for the surveying, detecting, and analyzing of
diseases specific to citrus involving producers of citrus fruit and
residential owners of citrus fruit.
   (2) Take by grant, purchase, gift, devise, lease, or otherwise and
hold, use and enjoy, and lease, or otherwise dispose of, real and
personal property of every kind and description necessary to the full
and convenient exercise of the committee's powers.
   (3) Cause fees to be levied, as provided in Section 5918, to pay
any obligation of the committee and to accomplish the purposes of the
committee in the manner provided in this article.
   (4) Make contracts, and employ, except as otherwise provided in
this article, all persons, firms, and corporations necessary to carry
out the purposes and the powers of the committee, and at any salary,
wage, or other compensation as the committee shall determine.
   (5) Perform any and all acts either necessary or proper to fully
and completely carry out the purposes for which the committee was
organized.
   (6) Recommend to the secretary the adoption of regulations
consistent with the powers and duties of the committee.
   (c) The committee shall not engage in any activity deemed by the
secretary to be contradictory to any eradication program or
quarantine implemented to address citrus diseases or related vectors.

   (d) For any program or activity occurring pursuant to this section
that overlaps with the department's programs or activities, the
department shall be the lead agency. 
   5915.  (a) Upon receipt of a recommendation from the committee for
the adoption of regulations, the secretary shall do one of the
following within 30 working days:
   (1) Initiate the rulemaking process to adopt the recommendation of
the committee.
   (2) Decline to initiate the rulemaking process and provide the
committee with a written statement of reasons for the decision.
   (3) Request the committee to provide additional information
regarding the recommended regulations.
   (b) All regulations adopted pursuant to this article shall be
adopted in compliance with the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), and may be subsequently repealed or
amended as provided for in that act.
   5916.  No member or agent of the committee shall be personally
liable for the actions of the committee or the department. No member
or agent of the committee is 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 his or her own individual acts of dishonesty or crime. No
member or agent of the committee is responsible individually for an
act or omission of any other member or agent of the committee or the
department. Liability is several and not joint, and no member or
agent of the committee is liable for the default of any other member
or agent of the committee or the department.
   5917.  The committee shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities pursuant to this article.
   5918.  (a) During the first marketing season, beginning February
1, 2010, and ending September 30, 2010, the monthly assessment to be
paid by producers shall be one cent ($0.01) per carton. Thereafter,
in addition to any other assessments, fees, or charges that may be
required pursuant to this code, producers shall pay a monthly
assessment established by the committee that shall not exceed seven
cents ($0.07) per carton. The assessment shall be:
   (1) Based on the number of 40-pound carton equivalents produced.
   (2) Used to purchase equipment for detecting citrus diseases,
testing citrus trees, fruit, and vectors, and controlling citrus
diseases, and for contracting with labs to conduct citrus disease
testing.
   (3) Collected from the producer by the first handler. If a
producer prepares the citrus fruit for market, the producer shall be
deemed the handler.
   (4) Remitted to the department by the first handler, along with an
assessment form, at the end of each month during the marketing
season.
   (5) Deposited in the Department of Food and Agriculture Fund or,
upon the recommendation of the committee, deposited in accordance
with Section 227 or Article 2.5 (commencing with Section 230) of
Chapter 2 of Part 1 of Division 1.
   (b) The committee may recommend to the secretary an assessment
less than the amount specified in subdivision (a) or no assessment if
no disease prevention program is necessary or if there is sufficient
reserve to operate the program.
   5919.  (a) Upon establishment of a disease prevention program, any
handler who does not file the required monthly assessment form and
assessments by the 10th day of the month following the month for
which the assessment is payable shall pay a penalty of 10 percent of
the assessment owed and, in addition, 11/2 percent interest per month
on the unpaid balance.
   (b) Upon establishment of a disease prevention program, it shall
be unlawful for any handler to refuse to collect the assessments or
remit the assessments and the proper forms required by this article.
   5920.  (a) Beginning in the 2016-17 marketing year, the secretary
shall hold one or more public hearings to determine whether the
operation of this article should be continued. The secretary may
waive referendum under this article if, following a hearing, the
secretary determines there is no substantial question of opposition
to doing so among affected assessment payers. Thereafter, the
secretary shall conduct the review process every four years.
   (b) As used in this section, "substantial question of opposition"
means opposition to the substance of the petition among currently
affected assessment payers, and is not intended to mean a particular
number of assessment payers.
   5921.  (a) If the secretary finds after the hearing that a
substantial question exists among affected payers under this article
regarding whether the operation of this article should be continued,
the secretary shall submit the article for approval utilizing the
following voting procedures set forth in this section and Sections
5922 to 5927, inclusive.
   (b) Within 90 days of the secretary determining the requirement
for referendum has been met, the secretary shall establish a list of
those persons eligible to vote on the continued implementation of
this article.
   (c) Eligibility shall be limited to the persons who paid the
assessment on citrus fruit in the immediately preceding marketing
season.
   (d) (1) In establishing the list, the secretary may require
handlers, producers, and others to submit the names, mailing
addresses, and assessment values of all producers who paid the
assessment on citrus fruit in the immediately preceding marketing
season.
   (2) The information required by the secretary shall be filed
either with the monthly assessment form or no later than 30 days
following receipt of a written notice from the secretary requesting
the information.
   (e) Any producer whose name does not appear on the secretary's
list may have his or her name added to the list by filing with the
secretary a signed statement identifying himself or herself as a
producer that paid an assessment during the most recent marketing
season.
   5922.  For the purpose of voting in the referendum required in
Section 5921, only a person required to pay the assessment pursuant
to Section 5918 shall have the right to vote.
   5923.  In determining whether this article shall become
inoperative, the secretary shall find that at least 40 percent of the
total number of persons from the list established by the secretary
participated in the referendum, and that either one of the following
occurred:
   (a) Sixty-five percent or more of the persons who voted in the
referendum voted in favor of this article, and the persons who voted
paid a majority of the assessment dollars on citrus fruit in the
preceding marketing season that were paid by all the persons who
voted in the referendum.
   (b) A majority of the persons who voted in the referendum voted in
favor of this article, and the persons who voted paid 65 percent or
more of the assessment dollars on citrus fruit in the preceding
marketing season that were paid by all the persons who voted in the
referendum.
   5924.  In determining whether the referendum is approved by
producers pursuant to the provisions of this article, the secretary
shall consider the vote in favor of the referendum of any nonprofit
agricultural cooperative marketing association, which is authorized
by its members so to assent, as being the assent, approval, or favor
of the producers that are members of, or stockholders in, that
nonprofit agricultural cooperative marketing association.
   5925.  The secretary shall establish a period in which to conduct
the referendum that shall not be less than 10 days nor more than 60
days in duration. The secretary may prescribe additional procedures
to conduct the referendum. If the initial period established is less
than 60 days, the secretary may extend the period. However, the total
referendum period may not exceed 60 days.
   5926.  Nonreceipt of a ballot shall not invalidate a referendum.
   5927.  (a) If the secretary finds that a favorable vote has not
been given as provided in this article, this article shall become
inoperative within one year of the referendum.
   (b) If the secretary finds that a favorable vote has been given as
provided in this article, he or she shall certify and give notice of
the favorable vote to all persons whose names and addresses may be
on file with the secretary as provided in Section 5921.
  SEC. 2.  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.