BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: AB 1912 HEARING: 6/15/10
AUTHOR: Evans FISCAL: Yes
VERSION: 6/10/10 CONSULTANT: John Chandler
California Apiary Research Commission.
BACKGROUND AND EXISTING LAW
Existing law allows for the establishment of commissions and
councils to advance the interests of California agriculture and
seafood industries. Commission law declares that California
agriculture and seafood industries are vitally important
elements of the state's economy and are supported by
state-established commissions and councils mandated to enhance
and preserve the economic interests of California. The
legislature finds and declares that commissions and councils
implement public policy through their express conduct and these
programs are among the broad range of state-mandated regulatory
programs that are funded by industry, generally through user
fees assessed in accordance with each person's relationship to a
particular program. The legislature further declares that these
commissions and councils are established to reflect a commitment
to California agriculture and seafood industries, represent a
policy of support for self-help and public-private partnerships,
provide a benefit to the entire industry and all Californians,
and are intended to enhance the image of California agriculture
and seafood products.
The goals and objectives of commissions are accomplished through
the following activities:
Research.
Elimination of tariff and non-tariff trade barriers.
Consumer education relating to health and other benefits of
using and consuming these products.
Demand-side regulation.
Analysis of government regulation.
Cooperative crisis resolution.
Participation in negotiations with other governments relating
to market access issues.
Industry self-regulation to establish and maintain grade,
size, and maturity standards and to stabilize flow of product.
Each commission and council is established and administered
according to its own statutory guidelines. According to
AB 1912 - Page 2
information provided by the California Department of Food and
Agriculture, California has more than 55 advisory boards,
councils, and commissions.
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. This bill
is set to be heard in this committee on June 15, 2010.
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. This committee passed that legislation
last year.
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 wine grapes.
SB 1540 (Alpert), Chapter 973, Statutes of 2002, created the
California Sea Urchin Commission (CSUC) with a prescribed
membership, and specified the powers, and duties and
responsibilities of CSUC, which is authorized to carry out
programs of education, promotion, marketing, and research
relating to sea urchins. The bill authorized CSUC to levy an
assessment, as specified, on sea urchin divers and handlers and
authorized the expenditure of those funds for the purposes of
carrying out the provisions of CSUC.
PROPOSED LAW
AB 1912 creates the California Apiary Research Commission
(CARC). Specifically, this bill:
Provides declarations and general provisions for CARC,
including stating that CARC is necessary for efficient
management and creation of research programs relating to
honeybee health, pest and disease management, colony
management practices, and education programs.
Provides definitions, including defining a producer as
AB 1912 - Page 3
an individual beekeeper or business that owns and/or
operates more than 50 bee colonies in California, and
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:
o District 1 consists of the California Counties
(counties) of Marin, Sonoma, Napa, Solano, Sacramento,
El Dorado, and all counties north of these counties;
o 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;
o District 3 consists of all counties south of
District 2; and,
o District 4 consists of all areas not in
California.
Establishes CARC, composed of six producers, one public
member, and ex officio members. Each district shall have
at least one producer member whose principal residence is
in that district. The public member is to be appointed by
the Secretary of the
California Department of Food and Agriculture (CDFA) from
nominees recommended by CARC.
Provides that the secretary and other appropriate
members, as determined by CARC, shall be ex officio
members.
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 are in violation of this chapter, by
specified procedures.
Requires CARC to reimburse the secretary for all
expenditures incurred in carrying out this chapter.
Provides that 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 portion of the term of
office, by a majority vote of CARC board.
AB 1912 - Page 4
Designates a quorum as a majority of CARC board members,
while a majority vote of members present at a meeting at
which a quorum is present constitutes an act of CARC.
Requires the secretary, on decisions needing
concurrence, to respond within 15 working days of
notification.
Requires that all proceeds from assessments be deposited
in designated banks and that disbursements ordered by CARC
be by designated agents of CARC.
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.
Establishes CARC's duties and powers to include, but not
be limited to, the following:
o Adopt, alter, rescind, modify and amend
bylaws, rules, regulations and orders to carryout this
chapter, including rules for appeals;
o Administer, enforce, and perform all acts and
exercise all powers incidental to the purpose of this
chapter;
o Appoint officers with powers and duties
delegated to them by CARC;
o Hire personnel to manage and carry out the
functions of CARC, including compensation;
o Appoint committees of CARC members and
non-members to advise CARC;
o Establish offices; enter into contracts and
agreements, create liabilities, borrow funds; and 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, permit the secretary to conduct a fiscal and
compliance audit when determined to be necessary;
AB 1912 - Page 5
o Authorize, in regard to matters affecting the
health and welfare of honey bees and the beekeeping
industry, the 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,
o Establish an assessment to defray operating
costs and an annual budget, concurred in by the
secretary, plus an annual statement of contemplated
activities.
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:
o At least 30% of the total number of producers
from the list must participate in the vote and either
of the following must occur:
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,
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.
Provides that, prior to the referendum, the proponents
of the referendum shall deposit with the secretary funds to
cover the cost of the referendum.
Requires CARC to establish an assessment for the
following marketing season no later than March 1 of each
year for all producers of 50 colonies or more. The annual
AB 1912 - Page 6
assessment may not be greater than 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 of 1.5% per month on
unpaid balances.
Specifies that the commission has the option whether to
collect the assessment on producers of 249 colonies or
less.
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.
o 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.
Establishes a misdemeanor punishable by imprisonment or
fine up to $1,000 for the following:
o Willfully rendering or furnishing a false
report, statement, or record required by CARC;
o Failing to render or furnish a report,
statement, or record required by CARC; or,
o Secreting, destroying, or altering records
required to be kept under this chapter.
Authorizes CARC to commence civil action for collection
of assessments, and civil penalties and for obtaining
injunctive relief or specific performance.
Provides methods for continuation or suspension or
termination of CARC, including requiring the secretary,
after five years of implementation, 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.
Makes a legislative declaration that information
AB 1912 - Page 7
required to be submitted to CARC that is personal or
sensitive business information is protected as confidential
information.
COMMENTS
1.AB 1912 addresses the need for organized research to protect
honeybee health with the creation of the California Apiary
Research Commission. Honeybees are critical to California
agriculture and the entire United States, pollinating
approximately $6 billion in California specialty crops.
Recent years have proven challenging for the honeybee
industry, battling pests and diseases such as the damaging
Varroa mite and Colony Collapse Disorder. Within the past
three years alone Colony Collapse Disorder has reduced the
nation's honeybee population by 25 percent. The loss of a
quarter of the national bee population puts stress on other
agricultural sectors that rely on healthy bee populations for
pollination of their crops. AB 1912, California Apiary
Research Commission, would provide the needed tools for
California's bee industry to find solutions to today's and
tomorrow's threats to honeybees and ensure a healthy
beekeeping industry.
PRIOR ACTIONS
Assembly Floor 61-15
Assembly Appropriations12-5
Assembly Judiciary 8-2
Assembly Agriculture 7-0
SUPPORT
California Beekeepers Association
OPPOSITION
None received