BILL NUMBER: SB 556 CHAPTERED 09/27/02 CHAPTER 982 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002 APPROVED BY GOVERNOR SEPTEMBER 26, 2002 PASSED THE SENATE AUGUST 29, 2002 PASSED THE ASSEMBLY AUGUST 26, 2002 AMENDED IN ASSEMBLY AUGUST 23, 2002 AMENDED IN ASSEMBLY AUGUST 1, 2002 AMENDED IN ASSEMBLY JUNE 12, 2002 INTRODUCED BY Senator Costa (Coauthors: Assembly Members Matthews and Maldonado) FEBRUARY 22, 2001 An act to add Sections 485, 951.5, and 58553.5 to, and to repeal Section 58579 of, the Food and Agricultural Code, relating to agricultural agreements, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 556, Costa. Agriculture: cooperative agreements. Existing law allows the Secretary of Food and Agriculture to enter into cooperative agreements with individuals and public and private entities for specified purposes. This bill would allow the secretary to enter into cooperative agreements with private and specified state and federal entities for the purpose of administering conservation, environmental enhancement, disaster assistance, compensation, indemnification, economic assistance, education, market promotion, research, and similar programs that promote and enhance agriculture. The bill would provide that grant awards shall be made by the Department of Food and Agriculture, as specified, and that the procedures, forms, and guidelines for grant programs are exempt from procedural requirements applied to the adoption of rules and regulations. Existing law requires the State Board of Food and Agriculture to advise the Governor and the secretary as to how the agricultural industry and the consumer of agricultural products can best be served by the Department of Food and Agriculture. This bill would require the board to make recommendations to the secretary regarding cooperative agreements involving the marketing of agricultural commodities in foreign countries. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 485 is added to the Food and Agricultural Code, to read: 485. (a) The secretary may enter into cooperative agreements with private entities, and with boards, bureaus, commissions, or departments of this state or of the United States, for the purpose of administering compensation, conservation, disaster assistance, economic assistance, education, environmental enhancement, indemnification, market promotion, research, and similar programs that promote and enhance agriculture. (b) Upon appropriation by the Legislature, the secretary may receive and expend federal funds and any nonstate matching funds made available to the department for the purposes specified above via grant, interagency agreement, or otherwise, and these funds shall be administered in accordance with Section 221. (c) (1) Grant awards shall be made by the department on a competitive basis established by the department wherever possible. (2) Any grant awarded on an alternative basis that is not competitive shall comply with all applicable state requirements, orders, and guidelines. (3) Decisions of the secretary relating to the award of grants shall be final. (d) Procedures, forms, and guidelines established for these grant programs, including the application process, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. SEC. 2. Section 951.5 is added to the Food and Agricultural Code, to read: 951.5. The board shall make recommendations to the secretary regarding the project agreements to be funded pursuant to Chapter 6 (commencing with Section 58551) of Part 1 of Division 21. SEC. 3. Section 58553.5 is added to the Food and Agricultural Code, to read: 58553.5. "Advisory committee" means the State Board of Food and Agriculture. SEC. 4. Section 58579 of the Food and Agricultural Code is repealed. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to make federal grants available for economic development in agricultural areas of the state at the earliest possible time, it is necessary for this act to take effect immediately.