BILL ANALYSIS
AB 1912
Page 1
Date of Hearing: April 20, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 1912 (Evans) - As Amended: April 8, 2010
SUBJECT : CALIFORNIA APIARY RESEARCH COMMISSION
KEY ISSUE : SHOULD THE LEGISLATURE CREATE THE CALIFORNIA APIARY
[HONEY BEE] RESEARCH COMMISSION DESIGNED TO PROVIDE THOSE
ENGAGED IN BEEKEEPING THE OPPORTUNITY TO AVAIL THEMSELVES OF THE
BENEFITS OF COLLECTIVE ACTION IN THE BROAD FIELD OF APIARY
RESEARCH AND TO HELP ADDRESS THE CURRENT CRISIS HITTING THE
STATE'S HONEY BEE POPULATION?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This non-controversial bill seeks to create the California
Apiary [Honey Bee] Research Commission designed to provide those
engaged in beekeeping the opportunity to avail themselves of the
benefits of collective action in the broad field of apiary
research. According to the author, the establishment of the
commission will be very helpful for the efficient creation and
management of a research program to protect the health of
honeybees, an integrated approach to manage pests and diseases
common to honeybees, and to develop more efficient colony
management practices. As a critical component of the
agricultural community, honeybees pollinate approximately $6
billion worth of crops in California annually, which includes
40% of the fruits, vegetables and nuts in our grocery stores.
Aside from the lack of bee forage in California due to urban
development and the on-going water crisis, Colony Collapse
Disorder has tragically reduced the nation's bee population by
25 percent in just the past three years. This massive decline
in healthy honey bees, the author notes, has in turn created
additional pressures on other agricultural sectors that rely on
a healthy honey bee population for pollination of their crops.
This bill therefore seeks to establish the California Apiary
Research Commission to protect the health of honey bees and help
California's agricultural sector and indeed the world's food
supply. It authorizes the new commission to bring certain civil
actions and other remedies to enforce the bill's provisions and
regulations adopted pursuant to these provisions. There is no
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known opposition to the measure.
SUMMARY : Creates the California Apiary Research Commission
(CARC) with prescribed membership, powers, duties and
responsibilities, and requires positive referendum vote by
producers, as specified, to activate. Specifically, this bill :
1)Provides declarations and general provisions for CARC,
including stating that CARC is necessary for efficient
management and creation of research programs relating to honey
bee health, pest and disease management, colony management
practices and education programs.
2)Provides definitions including defining a producer as an
individual beekeeper or business that owns and/or operates
more than 50 bee colonies in California, defining an
out-of-state beekeeper as a producer whose principal residence
is in an area outside of California, and defines four CARC
districts as follows:
a) District 1 consists of the California Counties
(counties) of Marin, Sonoma, Napa, Solano, Sacramento, El
Dorado, and all counties north of these counties;
b) District 2 consists of the counties of San Luis Obispo,
Kern, Inyo and all counties north of these counties up to
the southern boundary of District 1;
c) District 3 consists of all counties south of District 2;
and,
d) District 4 consists of all areas not in California.
3)Establishes CARC, composed of six assessment paying producers,
one public member, and ex officio members. Each district
shall have at least one producer member whose principle
resident is in that district. The public member is to be
appointed by the Secretary (Secretary) of the California
Department of Food and Agriculture (CDFA) from nominees
recommended by CARC.
4)Provides that the Secretary and other appropriate members as
determined by CARC shall be ex officio members.
5)Permits the Secretary to correct or cease the activities or
functions of CARC when it is determined they are not in the
public interest or in violation of this chapter, by specified
procedures.
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6)Requires CARC to reimburse the Secretary for all expenditures
incurred in carrying out this Chapter.
7)Provides each member, except for ex officio members, shall
have an alternate elected in the same fashion as the member.
Vacancies are to be filled by appointment for the unexpired
term of office, by a majority vote of CARC. Designates a
quorum as a majority CARC members, while a majority vote of
members present at a meeting, at which a quorum is present,
constitutes an act of CARC.
8)Requires the Secretary, on decisions needing concurrence, to
respond within 15 working days of notification.
9)Requires all proceeds from assessments be deposited in
designated banks and disbursement ordered by CARC by
designated agents of CARC.
10)Establishes that the state is not liable for acts of CARC or
its agents, and that no CARC member, alternate member, or
employees of CARC shall be personally liable or individually
responsible for errors, omissions, or acts of CARC, except for
their own individual acts of dishonesty or crime.
11)Establishes CARC's duties and powers to include, but not be
limited, to the following:
a) Adopt, alter, rescind, modify and amend bylaws rules,
regulations and orders to carryout this Chapter. Includes
rules for appeals;
b) Administer, enforce, perform all acts and exercise all
powers incidental to the purpose of this Chapter;
c) Appoint officers with powers and duties delegated to
them by CARC;
d) Hire personnel to manage and carry out the functions of
CARC, including compensation;
e) Appoint committees of CARC members and non-members to
advise CARC;
f) Establish offices, enter into contracts and agreements,
create liabilities, borrow funds, keep accurate books,
records and accounts subject to annual audits, which are to
be part of the annual report and be submitted to the
Legislature. Further, permits the Secretary to conduct a
fiscal and compliance audit when determined to be
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necessary;
g) Authorize, in regards to matters affecting the health
and welfare of honey bees and beekeeping industry,
education and instruction of beekeepers and the public;
market surveys; negotiations with state, federal and
foreign agencies; scientific research; acceptance of
private, state and federal funds for such; and,
h) Establish an assessment to defray operating costs and an
annual budget, that is concurred in by the Secretary, plus
an annual statement of contemplated activities.
12)Requires the Secretary, within 180 days of the effective date
of this bill, to establish a list of local and out of state
producers eligible for a referendum vote, but the chapter is
not operative except for the referendum vote. For the
referendum to pass, it must meet the following criteria:
a) At least 30% by number of the total producers from the
list must participate in the vote and either of the
following must occur:
i) 65% of the producers who voted in the referendum
voted in favor of this Chapter, and the producers so
voting owned or operated a majority of the total quantity
of colonies maintained in the preceding marketing season
by all of the producers voting in the referendum; or,
ii) A majority of the producers who voted in the
referendum voted in favor of this Chapter, and the
producers so voting owned or operated 65% or more of the
total quantity of colonies maintained in the preceding
marketing season by all of the producers voting in the
referendum.
13)Provides that prior to the referendum, the proponents of the
referendum shall deposit funds to cover the cost of the
referendum with the Secretary.
14)Requires CARC to establish an assessment for the following
marketing season no later then March 1 of each year. The
annual assessment may not be greater then one dollar per
colony. Establishes procedures for collection, payment, and
tracking and reporting, including penalties of 10% for failure
to pay with an interest rate on unpaid balances of 1.5% per
month.
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15)Requires every producer, including beekeepers exempt from the
payment of the assessment, to keep records of their total
number of colonies used for commercial use. Requires the
records to be kept for five years and made available to CARC
upon written demand. Proprietary information collected shall
be confidential and not made public unless under court order.
a) Information required for reports to governments,
financial reports to CARC or aggregate sales and inventory
information, if stripped of an individual's information,
may be disclosed by CARC.
16)Establishes a civil violation of $1000.00 for the following:
a) Willfully render or furnish a false report, statement,
or record required by CARC;
b) Fail to render or furnish a report, statement, or record
required by the CARC; or,
c) Secrete, destroy, or alter records required to be kept
under this chapter.
17)Provides methods for continuation or suspension or
termination of CARC, including requiring the Secretary, after
five years of implantation, to hold a hearing to determine
whether it should continue, which may prompt another
referendum, or CARC, with a 2/3 vote of the board, may
recommend suspension of CARC to the Secretary.
18)Authorizes the commission to bring certain civil actions and
other remedies to enforce the bill's provisions and
regulations adopted pursuant to these provisions.
19)Makes a legislative declaration that information required to
be submitted to CARC that is personal or sensitive business
information is protected as confidential information.
EXISTING LAW authorizes various marketing and promotion
commissions (commissions) to promote the production and
marketing of California agricultural commodities. Commissions
have a variety of powers covering promotion, advertising,
education, production or post-harvest research, and quality
standards and inspections. Commissions cover a variety of
commodities. (Food and Agriculture Code Section 64001-79304.)
COMMENTS : According to the sponsor, California State Beekeepers
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Association, honey bees are a critical component of the
agricultural community. Honey bees pollinate approximately $6
billion worth of crops in California. Urban development and the
on-going water crisis have diminished bee food supplies. Colony
Collapse Disorder has reduced the nation's bee population by 25%
in the past three years. The decline of honey bees has created
issues for other agricultural sectors that rely on honey bees
for pollination of crops. The sponsor believes there is a need
for organized research to protect the health of honey bees to
avoid an imbalance for our agricultural food supply.
According to CDFA, the purpose of marketing programs is to
provide agricultural producers and handlers an organizational
structure, operating under government sanction, which allows
them to solve production and marketing problems collectively
that they could not address individually. Current marketing
programs' activities include commodity promotion, research, and
maintenance of quality standards. Commissions provide a
structure for solving problems and also provide a vehicle for
collecting funds to support activities. There are 20 active
commissions under current law.
For accomplishing the purposes stated by the author for the
beekeeping industry, a commission may be an appropriate entity.
Current commissions and marketing orders have been successful in
expanding markets, improving the quality, and providing more
research for pests and disease prevention. In recent years, one
commission was terminated by the industry and another had an
audit by the Secretary, which revealed potential misuse of
funds. This bill has language requiring annual audits and that
the Secretary may conduct, upon determination of the need, a
fiscal and administrative audit of CARC.
Pending Legislation : AB 2695 (Hernandez) of 2010 creates the
California Nursery Producers Commission with prescribed
membership, powers, duties and responsibilities, and requires
positive referendum vote by nursery product producers, as
specified, to activate. That measure is set to be heard in this
Committee on April 20, 2010.
Previous Legislation : AB 606 (Ma), Chapter 366, Statutes of
2009, created the California Blueberry Commission with
prescribed membership, powers, duties and responsibilities, and
required a positive referendum vote by blueberry producers and
handlers, as specified, to activate.
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SB 303 (Chesbro), Chapter 597, Statutes of 2005, authorized the
Mendocino County Winegrape and Wine Commission (MCWWC), and
provided that, upon approval of a referendum of producers and
processors, MCWWC may establish and collect an assessment from
Mendocino winegrape producers and processors in order to further
research and facilitate the successful and orderly marketing of
Mendocino County winegrapes.
SB 1540 (Alpert), Chapter 973, Statutes of 2002, created the
California Sea Urchin Commission (CSUC) with a prescribed
membership, and specified the powers, duties and
responsibilities of CSUC, which is authorized to carry out
programs of education, promotion, marketing, and research
relating to sea urchins. Authorized CSUC to levy an assessment,
as specified, on sea urchin divers and handlers and authorized
the expenditure of those funds for the purpose of carrying out
the provisions of CSUC.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Beekeepers Association (sponsor)
Opposition
None on file
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334