BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1795
          Author:   Assembly Agriculture Committee
          Amended:  8/3/10 in Senate
          Vote:     21

           
           SENATE FOOD AND AGRICULTURE COMMITTEE  :  5-0, 6/15/10
          AYES:  Florez, Emmerson, Hancock, Hollingsworth, Wolk
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  74-0, 4/22/10 (Consent) - See last page  
            for vote


           SUBJECT  :    California Citrus Advisory Committee:   
          California Apple
                      Commission:  California Salmon Council:   
          California 
                      Blueberry Commission

           SOURCE  :     Author




           DIGEST  :    This bill (1) eliminates term limits for members  
          of the California Apple Commission, (2) permits the  
          California Salmon Council to present facts to and negotiate  
          with state, federal, and foreign agencies on matters that  
          affect the California Salmon Marketing and Development Act,  
          (3) requires an annual assessment to be imposed by the  
          California Blueberry Commission, and (4) makes other  
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          changes to provisions of law relating to the California  
          Citrus Advisory Committee.

           ANALYSIS  :    Existing law provides that there is in the  
          Department of Food and Agriculture (DFA) the California  
          Citrus Advisory Committee (Committee), comprised as  
          specified.  The Committee is required to develop and make  
          recommendations to the Secretary of DFA on all matters  
          regarding the implementation of certain provisions of law  
          relating to citrus fruit crops, including certain specified  
          matters.  Existing law requires producers of navel oranges,  
          Valencia oranges, lemons, or mandarin citrus varieties  
          grown in this state and prepared for fresh market in  
          certain counties of the state to pay an assessment, as  
          provided, based on the number of cartons shipped.  The  
          assessment is for the purpose of conducting an inspection  
          program in certain counties in the state and funding a crop  
          survey program.

          This bill requires the Committee to annually recommend to  
          the secretary the assessment rate and instead provides that  
          the assessment be based on the number of 40-pound carton  
          equivalents produced.  This bill also defines "carton" to  
          mean a unit equivalent to 40 pounds of citrus fruit.

          Existing law authorizes the committee to recommend to the  
          secretary that no assessment, as described above, be  
          collected from these growers of navel oranges, Valencia  
          oranges, lemons, or mandarin citrus varieties if no  
          inspection program or crop survey exists for that  
          particular orange or citrus variety.

          This bill also authorizes the Committee to recommend to the  
          Secretary an assessment less than the amount specified in  
          existing law.

          This bill provides that the adoption, amendment, or repeal  
          of assessment rates shall not be subject to certain  
          rulemaking provisions.  This bill authorizes the Secretary  
          to issue an order to adopt, amend, or repeal the  
          regulations concerning assessment rates.  This order, which  
          this bill requires to contain specified information and to  
          be transmitted within 30 days by the Secretary to the  
          Office of Administrative Law, would be required to be filed  

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          promptly with the Secretary of State by the Office of  
          Administrative Law without further review.

          Existing law requires the assessment to be collected from  
          the producer by the first handler, as defined, and remitted  
          to the department by that handler, along with an assessment  
          form, at the end of each month during the marketing season.  
           Under existing law, it is unlawful, upon the establishment  
          of an inspection program, for any handler to refuse to  
          collect the assessments or remit the assessments and the  
          proper forms.

          This bill prohibits a handler from charging a producer an  
          administrative fee for collecting or remitting an  
          assessment.  This bill authorizes a producer who disputes  
          the assessment amount to file a claim with the Secretary  
          and provides that a producer may not bring a 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.  By imposing new requirements  
          on handlers and producers, the violation of which would be  
          a crime, this bill creates new crimes and thereby imposes a  
          state-mandated local program.

          Existing law establishes in state government the California  
          Apple Commission (Commission), which consists of 12 apple  
          producer and handler members and one public member.   
          Existing law specifies that the term of office of each  
          member of the Commission, except ex officio members, is  
          four years, and limits the number of terms of office of  
          each member to four consecutive terms.

          This bill deletes the limitation on the number of terms of  
          office.

          Existing law establishes in state government the California  
          Salmon Council (Council) and provides that the Council may,  
          subject to the approval of the Secretary of DFA, exercise  
          specified powers which may be delegated to the council by  
          the Secretary, including, among others, the power to make  
          contracts and other agreements to promote the sale of  
          salmon and salmon products on either a local, state,  
          national, or international basis.


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          This bill also authorizes the Council to present facts to,  
          and negotiate with, state, federal, and foreign agencies on  
          matters that affect the provisions relating to the Council.

          Existing law establishes in state government the California  
          Blueberry Commission (CBC) and requires the CBC, by March 1  
          of each year, or as soon thereafter as possible, to  
          establish an annual assessment to be paid by producers and  
          handlers of blueberries for the marketing season, which is  
          defined to mean the period beginning March 1 of any year,  
          and extending through the last day of February of the  
          following year.

          This bill instead requires the CBC to establish the  
          assessment by March 1, 2010, or as soon thereafter as  
          possible, and, thereafter, by October 1 of each year, or as  
          soon thereafter as possible.  This bill revises the  
          definition of "marketing season" to mean the period  
          beginning March 1, 2010, to September 30, 2011, and,  
          thereafter, beginning October 1 of any year and extending  
          through September 30 of the following year.

          Existing law requires the Secretary of DFA to hold a public  
          hearing five years after implementation of the provisions  
          establishing the CBC to determine whether the CBC should be  
          continued, and every five years thereafter between March 1  
          and February 28.

          This bill changes the dates between which this public  
          hearing must be conducted and this determination made every  
          five years to October 1 and September 30.

          This bill also makes various technical and clarifying  
          changes.

          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/2/10)

          California Apple Commission
          California Citrus Mutual
          California Salmon Council


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           ARGUMENTS IN SUPPORT  :    Proponents state that this bill  
          updates the Commission and the Council to reflect the needs  
          of their industries.  California's apple industry has  
          changed significantly over the last 15 years, shrinking  
          from 40 apple handlers packing, shipping, and marketing  
          California apples to only 11 remaining apple handlers.   
          With the smaller pool of available handlers able and  
          willing to serve on the Commission, the current term limit  
          on the board hinders the Commission's ability to meet a  
          quorum to conduct business and continue functioning for the  
          future of the industry.

          The Council is the only marketing order representing  
          California salmon fishermen.  In recent years, the  
          California salmon seasons were closed due to reasons beyond  
          the control of the industry and the government.  As a  
          result, state and federal agencies increased there need to  
          work on salmon management issues while seeking input from  
          the California salmon industry through the Council.  This  
          bill allows the Council to participate in discussions and  
          provide advice to state and federal agencies regarding  
          issues relevant to California salmon.  

          This bill makes changes to the California Citrus Advisory  
          Committee to conform the committees handling of assessment  
          to AB 281 (De Leon) from 2009.  Further, this bill allows  
          the assessment rate to be adjusted more efficiently to meet  
          the demands of the industry.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Bradford, Brownley, Buchanan, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  

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            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Blumenfield, Caballero, Huber, Huffman,  
            Norby, Vacancy


          TSM:mw  8/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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