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  AUGUST 18, 2009
	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 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 and their
vectors, specific to citrus and programs for surveying, detecting,
analyzing, and  treatment of   treating 
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 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 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 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 5914,
consist of the following geographical areas:
   (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) The Coastal District consists of all growing areas in the
Counties of Monterey, San Luis Obispo, Santa Barbara, and Ventura.
   (3) The Kern District consists of all growing areas in Kern
County.
   (4) The Tulare District consists of all growing areas in Tulare
County.
   (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  non-General Fund 
sources. Money from federal, industry, and other non-General Fund
sources shall be available  for expenditure without regard to
fiscal year   upon appropriation by the Legislature
 for the sole purpose of combating citrus specific pests,
diseases, and their vectors.
   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.
   (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 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.
   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) 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 pests, and diseases and their vectors, specific to
citrus.
   (B) Programs for the surveying, detecting, analyzing, and 
treatment of   treating  pests and diseases
specific to citrus involving producers of citrus fruit and
residential owners of citrus fruit.
   (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.
   (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 combat citrus specific pests, diseases, or
related vectors.
   (d) For any program or activity occurring pursuant to this
section, 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.
   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.
   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.
   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.
   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 nine
cents ($0.09) per carton. The assessment shall be:
   (1) Based on the number of 40-pound carton equivalents produced.
   (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.
   (3) Remitted to the department by the first handler, along with an
assessment report, at the end of each month during the marketing
season.
   (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).
   (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.
   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 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.
   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. Thereafter, the secretary shall conduct
the review process every four years.
   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 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
persons eligible to vote on the continued implementation of this
article.
   (c) Eligibility shall be limited to 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.
   5923.  For the purpose of voting in the referendum required in
Section 5922, only a person required to pay the assessment pursuant
to Section 5919 shall have the right to vote.
   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) 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 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.
   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.
   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.
   5927.  Nonreceipt of a ballot shall not invalidate a referendum.
   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 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.