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 SENATE  JUNE 26, 2009
	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  Pest and  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  Pest and  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,   develop,
subject to the approval of the secretary, a statewide citrus
specific pest and disease work plan that includes  informational
programs to educate  and train  residential owners of
citrus fruit  , local communities, groups, and individuals 
on the prevention of  pests, and  diseases  or
  and their  vectors  ,  specific to
citrus and programs for surveying, detecting,  and 
analyzing  , and treatment of  citrus  pests and 
diseases. The bill would provide for a monthly assessment, as
provided and for specified related purposes, to be paid by producers,
as defined  and except as provided  , and remitted to the
department and deposited into the  Citrus Disease Management
Account, which the   bill would create in 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
program to assist  with the control of diseases and vectors
  in combating pests, and diseases and their 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  citrus or  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   supersede or supplant in any way
federal, state, or local government funding of efforts  to
combat citrus diseases and other pests in this state.
   (e) The prevention and management of citrus diseases is 
affected with the   a matter of  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. 
   (f) The Legislature finds and declares that the California citrus
industry creates one billion eight hundred million dollars
($1,800,000,000) in citrus fruit, another one billion two hundred
million dollars ($1,200,000,000) in economic activity, and employs an
estimated 25,000 people in the 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  Pest and 
Disease Prevention Committee.
   (e) "Department" means the Department of Food and Agriculture.
   (f) "Districts," except as otherwise provided in Section 
5913   5914  , consist of the following
geographical areas:
   (1)  District 1   The Southern District 
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   The Coastal District 
consists of all growing areas in the Counties of Monterey, San Luis
Obispo, Santa Barbara, and Ventura.
   (3)  District 3   The Kern District 
consists of all growing areas in Kern County.
   (4)  District 4   The Tulare District 
consists of all growing areas in Tulare County.
   (5)  District 5   The Northern District 
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. 
   (l) "Specific to citrus" means of exclusive or principal concern
to citrus as opposed to other commodities.  
   5913.  (a) There is hereby created the Citrus Disease Management
Account in the Department of Food and Agriculture Fund.
   (b) The Citrus Disease Management Account shall consist of money
transferred from the General Fund and money from federal, industry,
and other sources. Money from federal, industry, and other
non-General Fund sources shall be available for expenditure without
regard to fiscal year for the sole purpose of combating citrus
specific pests, diseases, and their vectors. 
    5913.   5914.   (a) There is hereby
created in the department the California Citrus  Pest and 
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  secretary, in consultation with 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 
 secretary after consultation with the committee  .
   (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.   5915.   (a) The powers and
duties of the committee are limited to activities involving the
producers of citrus fruit and residential owners of citrus fruit 
or other host material  .
   (b) The committee may do all of the following: 
   (1) Conduct, and contract with others to conduct, either or both
of the following:  
   (1) Develop, subject to the approval of the secretary, a statewide
citrus specific pest and disease work plan that includes, but is not
limited to, the following: 
   (A) Informational programs to educate  and train 
residential owners of citrus fruit  , local communities, groups,
and individuals  on the prevention of  diseases or
vectors   pests, and diseases and their vectors, 
specific to citrus.
   (B) Programs for the surveying, detecting,  and analyzing
of     analyzing, and treatment of pests and
 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.  
   (2) Submit recommendations to the secretary on, but not limited
to, the following:  
   (A) Annual assessment rate.  
   (B) Annual budget.  
   (C) Expenditures necessary to implement the statewide work plan
developed pursuant to this section.  
   (D) The amount of fees to be levied, as provided in Section 5919.
 
   (E) The receipt of money from other sources to pay any obligation
of the committee and to accomplish the purposes of the committee in
the manner provided in this article.  
   (6) 
    (3)  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 
 combat citrus specific pests, 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  , unless an
agreement is reached between the committee and the secretary to
authorize another agency within the state or local government to act
as lead for specific activities  .
    5915.   5916.   (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.   5917.   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.   5918.   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  , including the costs of implementing
and administering the administrative, enforcement, and regulatory
recommendations of the statewide work plan developed by the committee
 .
    5918.   5919.   (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)
  nin   e cents ($0.09)  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) 
    (2)  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) 
    (3)  Remitted to the department by the first handler,
along with an assessment  form   report  ,
at the end of each month during the marketing season. 
   (5) 
    (4)  Deposited in the  Citrus Disease Management
Account 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.  The use of the funds deposited in the
Citrus Disease Management Account shall be limited to the activities
authorized by this article.  
   (b) A producer producing less than 750 40-pound carton equivalents
shall not be required to remit the assessment provided in
subdivision (a).  
   (b) 
    (c)  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.   5920.   (a) Upon establishment
of a disease prevention program, any handler who does not file the
required monthly assessment form  report  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  
reports  required by this article. 
   (c) A handler shall not charge a producer an administrative fee
for collecting or remitting an assessment.  
   (d) A producer who disputes the amount of the assessment may file
a claim with the secretary. The producer shall prove his or her claim
by a preponderance of the evidence.  
   (e) A producer may not bring any claim against a handler for
damages, or otherwise, in connection with the assessment or the
required deduction by the handler of the moneys owed to the producer
as provided in this article.  
   5920.  (a) Beginning in the 2016-17 marketing year 
    5921.    No later than June 30, 2013  , 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.   5922.   (a) If the secretary
finds after the hearing that a substantial question  of
opposition  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   5923 to 5928  , inclusive.
 As used in this subdivision, "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. 
   (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.   5923.   For the purpose of
voting in the referendum required in Section  5921 
 5922  , only a person required to pay the assessment
pursuant to Section  5918   5919  shall
have the right to vote.
    5923.   5924.   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   Fifty-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
  55  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.   5925.   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.   5926.   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.   5927.   Nonreceipt of a ballot
shall not invalidate a referendum.
    5927.   5928.   (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
  5922  . 
   5929.  Upon termination of this article, and based upon a
recommendation of the committee subject to approval by the secretary,
any collected assessments not required to defray financial
obligations incurred pursuant to this article shall be returned on a
pro rata basis to all persons from whom assessments were collected
during the marketing season immediately preceding the date of
termination or paid to any existing state or federal program engaged
in citrus specific pest and disease prevention activities. The
assessments refunded to handlers shall be paid to producers if the
assessment was previously deducted from moneys owed to the producer
by the handler.  
    5930.  (a) The provisions of this article are severable.
   (b) If any provision of this article or its application is held
invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision
or application. 
  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.