Bill Text: CA SB171 | 2013-2014 | Regular Session | Amended

California Senate Bill 171 (Prior Session Legislation)

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

Bill Title: Drainage: Coachella Valley County Water District.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-16 - Chaptered by Secretary of State. Chapter 119, Statutes of 2013. [SB171 Detail]

Download: California-2013-SB171-Amended.html

BILL NUMBER: SB 171	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator  Rubio   Hueso 

                        FEBRUARY 5, 2013

   An act to amend  Sections 52256.5, 52288, and 52452 of the
Food and Agricultural   Section 33139 of the Water
 Code, relating to  seed   drainage  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 171, as amended,  Rubio   Hueso  .
California Seed Law. 
   The County Water District Law governs the operations of the
Coachella Valley County Water District. The County Water District Law
authorizes a district to drain and reclaim lands within the district
either by surface or underground works or both and to acquire, by
appropriation or other lawful means, and divert, store, conserve,
transport, or dispose of water resulting from these activities. Under
existing law, the district is authorized to raise funds by special
assessment on benefited land in proportion to the benefits derived by
the benefited lands, as prescribed.  
   Article XIII C and Article XIII D of the California Constitution
generally require that assessments, fees, and charges be submitted to
property owners for approval or rejection after the provision of
written notice and the holding of a public hearing. Existing law, the
Proposition 218 Omnibus Implementation Act, prescribes specific
procedures and parameters for local jurisdictions to comply with
Article XIII C and Article XIII D of the California Constitution.
 
   This bill would specify that the district is authorized to raise
funds by special assessment pursuant to the Proposition 218 Omnibus
Implementation Act, or by adopting prescribed property related fees
and charges.  
   Existing law, the California Seed Law, regulates seed sold in
California, and requires each container of seed that is sold within
this state for sowing purposes to be labeled, unless the sale is an
occasional sale of seed grain by the producer of the seed grain to
his neighbor for use by the purchaser within the county of
production. Existing law defines "person" for purposes of that law to
mean an individual, partnership, trust association, cooperative
association, or any other business unit or organization. 

   This bill would clarify that definition of "person" to include
corporations. The bill would also clarify the term "neighbor" for
purposes of the labeling requirements specified above to mean a
person who lives in close proximity, not to exceed 3 miles, to
another. The bill would revise a statement of legislative intent to
include ensuring that the amount of seed represented on a tag or
label is properly identified. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 33139 of the   Water
Code   is amended to read: 
   33139.  Notwithstanding anything contained in this part, the
surviving district may provide for and carry on the construction,
operation, and maintenance of works, improvements, and functions
authorized by the Storm Water District Act of 1909 either as
authorized in that act or as authorized by this division. The
district may raise funds for these purposes in any manner authorized
or permitted by either the Storm Water District Act of 1909 or this
division, and is specifically authorized to raise funds by special
assessment on benefited land in proportion to the benefits derived by
the  benefited   lands.  
benefited  lands pursuant to Section 53753 of the Government
Code, or by adopting fees and charges pursuant to Section 6 of
Article XIII D of the California Constitution.  
  SECTION 1.    Section 52256.5 of the Food and
Agricultural Code is amended to read:
   52256.5.  "Person" also means any individual, partnership,
corporation, trust association, cooperative association, or any other
business unit or organization.  
  SEC. 2.    Section 52288 of the Food and
Agricultural Code is amended to read:
   52288.  The Legislature hereby declares that it is the intent of
this chapter to enable the seed industry, with the aid of the state,
to ensure that seed purchased by the consumer-buyer is properly
identified and of the quality and amount represented on the tag or
label. The Legislature further declares that the success of
agriculture and the seed industry in this state depends upon the
continued commitment to industry-funded research in order to improve
the quality and variety of seed available to the consumer-buyer.
 
  SEC. 3.    Section 52452 of the Food and
Agricultural Code is amended to read:
   52452.  (a) Except as otherwise provided in Section 52454, each
container of agricultural seed that is for sale or sold within this
state for sowing purposes, unless the sale is an occasional sale of
seed grain by the producer of the seed grain to his or her neighbor
for use by the purchaser within the county of production, shall bear
upon it or have attached to it in a conspicuous place a plainly
written or printed label or tag in the English language that includes
all of the following information:
    (1)  The commonly accepted name of the kind, kind and variety, or
kind and type of each agricultural seed component in excess of 5
percent of the whole, and the percentage by weight of each. If the
aggregate of agricultural seed components, each present in an amount
not exceeding 5 percent of the whole, exceeds 10 percent of the
whole, each component in excess of 1 percent of the whole shall be
named together with the percentage by weight of each. If more than
one component is required to be named, the names of all components
shall be shown in letters of the same type and size.
    (2)  The lot number or other lot identification.
    (3)  The percentage by weight of all weed seeds.
    (4) The name and approximate number of each kind of restricted
noxious weed seed per pound.
    (5)  The percentage by weight of any agricultural seed except
that which is required to be named on the label.
    (6)  The percentage by weight of inert matter. If a percentage by
weight is required to be shown by any provision of this section,
that percentage shall be exclusive of any substance that is added to
the seed as a coating and shown on the label as such.
    (7) For each agricultural seed in excess of 5 percent of the
whole, stated in accordance with paragraph (1), the percentage of
germination exclusive of hard seed, the percentage of hard seed, if
present, and the calendar month and year the test was completed to
determine the percentages. Following the statement of those
percentages, the additional statement "total germination and hard
seed" may be stated.
    (8)  The name and address of the person who labeled the seed or
of the person who sells the seed within this state.
    (b)  All determinations of noxious weed seeds are subject to
tolerances and methods of determination prescribed in the regulations
that are adopted pursuant to this chapter.
   (c) For purposes of this section, "neighbor" means a person who
lives in close proximity, not to exceed three miles, to another.