BILL NUMBER: AB 771 CHAPTERED 10/08/07 CHAPTER 324 FILED WITH SECRETARY OF STATE OCTOBER 8, 2007 APPROVED BY GOVERNOR OCTOBER 8, 2007 PASSED THE SENATE SEPTEMBER 10, 2007 PASSED THE ASSEMBLY SEPTEMBER 12, 2007 AMENDED IN SENATE SEPTEMBER 6, 2007 AMENDED IN SENATE JULY 12, 2007 AMENDED IN SENATE JUNE 28, 2007 AMENDED IN SENATE JUNE 13, 2007 AMENDED IN ASSEMBLY MAY 1, 2007 AMENDED IN ASSEMBLY APRIL 11, 2007 AMENDED IN ASSEMBLY MARCH 29, 2007 INTRODUCED BY Assembly Member De Leon FEBRUARY 22, 2007 An act to add Article 9.5 (commencing with Section 587) to Chapter 3 of Division 1 of, and to add Chapter 3 (commencing with Section 29810) to Division 13 of, the Food and Agricultural Code, relating to agriculture. LEGISLATIVE COUNSEL'S DIGEST AB 771, De Leon. Agricultural industry. Existing law requires the Department of Food and Agriculture, headed by the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state. This bill would authorize the secretary, when conflicts arise between sectors of agriculture, to designate agricultural working groups to work toward conflict resolution. Members of the working groups would be appointed by and serve at the pleasure of the secretary, in accordance with specified procedures. Existing law generally regulates beekeepers, honey producers, and citrus growers. This bill would make findings and declarations about the threat to the seedless mandarin industry caused by other agricultural products. The bill would enact the Seedless Mandarin and Honeybee Coexistence Working Group Act, which would require the secretary, no more than 15 days after enactment of this bill, to designate a Seedless Mandarin and Honeybee Coexistence Working Group to meet regularly to develop best management practices that address the coexistence issues related to production of seedless mandarin varieties in specified counties while providing reasonable access to citrus to the bee industry. The bill would give the Seedless Mandarin and Honeybee Coexistence Working Group reasonable time to develop best management practices and also would grant the secretary the authority to adopt regulations, as deemed necessary, if the working group fails to reach consensus prior to June 1, 2008. However, the bill would require the secretary to adopt regulations no later than February 1, 2009, if the working group fails to reach consensus by June 1, 2008. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 9.5 (commencing with Section 587) is added to Chapter 3 of Division 1 of the Food and Agricultural Code, to read: Article 9.5. Coexistence Working Groups 587. The Legislature finds and declares the following: (a) The Legislature supports the agricultural community's efforts to promote choices of farming methods, practices, and crops. (b) The Legislature also recognizes the economic and other value to the State of California in diversified agricultural industries, bolstered by mutually supportive coexistence within and among its sectors; and further appreciates the value and importance of agricultural research for the benefit not only of California's farming community, but also farmers and people around the world. 588. (a) When conflicts arise between sectors of agriculture, the secretary may designate agricultural coexistence working groups to work towards conflict resolution. (b) The members of a coexistence working group shall be appointed by, and serve at the pleasure of, the secretary. Each working group shall be comprised of no more than 10 members of diverse qualifications, who shall serve without compensation and within existing departmental resources, to develop, review, and provide findings and recommendations to the secretary regarding specific issues pertaining to the coexistence of various sectors of agricultural production that present or might present conflicts with one another. Each working group shall be comprised primarily of affected growers or their representatives from a cross section of the interested stakeholders and may also include representatives of related industries, academia, or relevant governmental agencies. (c) In developing its findings and recommendations for the secretary, a working group may do any of the following: (1) Recognize the economic, human, and environmental benefits of coexistence among diversified agricultural industries by developing best management practices designed to foster coexistence between the various segments of food, fiber, and agriculturally derived energy production. (2) Identify a means of maximizing coordination and communication among those involved in sectors of agricultural production that are in real, potential, or perceived conflict with one another, and consider issues relevant to coexistence, including, but not limited to, developing consensus on voluntary production practices and protections. (3) Work in concert with the State Board of Food and Agriculture, and provide a forum for fostering a broad-based dialogue on agricultural production practices related to coexistence, founded on facts and demonstrable applied and practical science. If data is lacking, the working group may also propose research programs to provide information on which to base further recommendations. SEC. 2. Chapter 3 (commencing with Section 29810) is added to Division 13 of the Food and Agricultural Code, to read: CHAPTER 3. SEEDLESS MANDARIN AND HONEYBEE COEXISTENCE WORKING GROUP ACT 29810. (a) The Legislature finds and declares all of the following: (1) The California citrus industry is in the process of adapting to a more competitive marketplace and to consumer tastes that continue to change. In the past five years, an estimated 40,000 acres of citrus have been removed from production and replaced with new varieties of citrus, a majority of which is mandarin fruit commonly called Clementines or W. Murcotts, which are intended to be seedless. (2) According to the 2005 California Citrus Acreage Report, these varieties have increased substantially. In 2004, more than 10,000 acres of these varieties were bearing fruit. Another 2,000 acres began bearing fruit in 2005. The same report states that an additional 12,000 acres of these varieties have been planted but have yet to bear fruit. This production will come into maturity within the next three years, and more is being planted. (3) Due to the production of other agricultural products in proximity to new seedless varieties of citrus, the production of these varieties may be in jeopardy. According to a University of California at Riverside study published in June of 2005, seedless mandarins command three to four times as much revenue as seeded mandarins. Other citrus-producing nations around the world have adopted citrus protection areas to limit damage created by cross-pollination. (4) Honeybees are an essential component of agriculture as they pollinate approximately $6 billion worth of crops in California. Historically, honeybee colonies are placed in the citrus belt of Kern, Tulare, Fresno, and Madera Counties to support existing agricultural practices, including the pollination of several commodities and the production of honey. Colony Collapse Disorder has reduced the nation's bee population by 25 percent in the past three years, which in turn has created pressure on other agricultural sectors that rely on a healthy bee population for pollination of their crops. (b) Any regulation or best management practice adopted pursuant to this chapter shall not affect the actual pollination process of other commodities during their blooming cycle, nor shall it be implemented when almonds, avocados, peaches, plums, nectarines, seed crops, or other commodities require pollination. (c) Any regulation or best management practice adopted pursuant to this chapter shall not affect the ability of property owners located within the area impacted by the regulation or best management practice to farm any commercial crop, including, but not limited to, honey, citrus, and other commodities recognized by the Department of Food and Agriculture. 29811. (a) Not later than 15 days after enactment of this chapter, the secretary shall designate a Seedless Mandarin and Honeybee Coexistence Working Group from recommendations received by interested stakeholders. The Seedless Mandarin and Honeybee Coexistence Working Group shall be established pursuant to the procedures set forth in subdivision (b) of Section 588. For purposes of this chapter, "grower," as used in subdivision (b) of Section 588, includes a beekeeper. (b) The Seedless Mandarin and Honeybee Coexistence Working Group shall meet on a regular and consistent basis in an effort to develop best management practices that address the coexistence issues related to production of seedless mandarin varieties located in Fresno, Kern, Madera, and Tulare Counties, while providing for the reasonable access to citrus for the California bee industry. 29812. The secretary shall give the Seedless Mandarin and Honeybee Coexistence Working Group reasonable time to develop best management practices described in Section 29810. (a) If the Seedless Mandarin and Honeybee Coexistence Working Group reaches consensus of best management practices prior to June 1, 2008, the secretary may adopt regulations if, in the secretary's judgment, this action is necessary to implement and enforce the best management practices. (b) If the Seedless Mandarin and Honeybee Coexistence Working Group fails to reach consensus on best management practices by June 1, 2008, the secretary shall adopt regulations no later than February 1, 2009. Regulations adopted pursuant to this section shall be limited to Fresno, Kern, Madera, and Tulare Counties, address the coexistence issues related to production of seedless mandarin varieties, and allow seedless mandarin producers to meet retail standards for seedless fruit, while providing reasonable access to citrus for the California bee industry. The regulations adopted may include the establishment of fees, not to exceed the cost of the program, to be paid by seedless mandarin growers, subject to this chapter.