BILL NUMBER: SB 2 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 24, 2009
INTRODUCED BY Senator Wiggins
( Principal coauthors:
Assembly Members Chesbro and Evans )
( Coauthors: Senators
Ashburn, Benoit, Cox, Florez,
Maldonado, and Wright )
( Coauthors: Assembly Members
Bill Berryhill, Tom Berryhill, Huffman,
Smyth, and Torres )
DECEMBER 1, 2008
An act to amend Sections 6046, 6047.19, 6047.20, 6047.21, 6047.27,
and 6047.29 of the Food and Agricultural Code, relating to pest
control, making an appropriation therefor , and declaring
the urgency thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 2, as amended, Wiggins. Pest control: Pierce's disease:
glassy-winged sharpshooter.
(1) Existing law establishes the Pierce's Disease Control Program
in the Department of Food and Agriculture, and the Pierce's Disease
Management Account in the Food and Agriculture Fund. Existing law
allows money in this account to be expended as specified to combat
Pierce's disease and its vectors. Existing law declares that these
provisions shall become inoperative on March 1, 2011.
This bill would change the date on which these provisions become
inoperative to March 1, 2016.
(2) Existing law creates in the Department of Food and Agriculture
the Pierce's Disease and Glassy-winged Sharpshooter Board, which
consists of specified numbers of representatives of producers and
processors, as defined, in the grape industry that
who are appointed by the Secretary of Food and
Agriculture. Existing law sets forth the powers of the board and
provides for an annual assessment to be paid by the processors into
the Department of Food and Agriculture Fund for the purposes of,
among other things, research and other activities related to the
transmittal of the plant killing Pierce's disease bacterium, and its
vectors, particularly the glassy-winged sharpshooter. Existing law
repeals these provisions on March 1, 2011.
This bill would extend the repeal date of these provisions to
March 1, 2016, except that this bill would make these provisions
inoperative as of March 1, 2011, unless the secretary finds, in a
referendum conducted by him or her, or a person designated by him or
her, that a favorable vote has been given. The bill would require, no
later than April 15, 2010, the secretary to establish a list of
those individuals eligible to vote on the continued implementation of
these provisions, as specified. The bill would also make a
conforming change and other technical changes.
Because assessments collected pursuant to these provisions are
deposited in the Department of Food and Agriculture Fund, which is
continuously appropriated, by extending the collection of these
assessments, this bill would make an appropriation.
(3) Existing law, operative until March 1, 2011, provides that the
Secretary of Food and Agriculture shall appoint an advisory task
force to advise him or her on the control and management of Pierce's
disease.
This bill would extend these provisions to March 1, 2016.
(4)This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 majority . Appropriation:
yes. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6046 of the Food and Agricultural Code is
amended to read:
6046. (a) There is hereby created in the department the Pierce's
Disease Control Program.
(b) The Governor shall appoint a statewide coordinator, and the
secretary shall provide an appropriate level of support staffing and
logistical support for combating Pierce's disease and its vectors.
(c) (1) There is hereby created the Pierce's Disease Management
Account in the Food and Agriculture Fund.
(2) The account shall consist of money transferred from the
General Fund and money made available from federal, industry, and
other sources. Money made available from federal, industry, and other
sources shall be available for expenditure without regard to fiscal
year for the purpose of combating Pierce's disease or its vectors.
State general funds to be utilized for research shall only be
expended when the secretary has received commitments from nonstate
sources for at least a 25-percent match for each state dollar to be
expended.
(d) The funds appropriated pursuant to this section to the Food
and Agriculture Fund for the purpose of combating Pierce's disease
and its vectors shall be used for costs that are incurred by the
state or by local entities during and subsequent to the fiscal year
of the act that added this section for the purpose of research and
other efforts to combat Pierce's disease and its vectors.
(e) Whenever, in any county, funds are allocated by the department
for local assistance regarding Pierce's disease and its vectors,
those funds shall be made available to a local public entity, or
local public entities, designated by that county's board of
supervisors.
(f) Funds appropriated for local assistance shall not be allocated
to the local public entity until the local public entity creates a
Pierce's disease work plan that is approved by the department. Any
funds allocated by the department to a designated local public entity
shall be utilized for activities consistent with the local Pierce's
disease work plan or other programs or work plans approved by the
department. It shall be the responsibility of the designated local
public entity to develop and implement the local Pierce's disease
work plan. Upon request, the department shall provide consultation to
the local public entity regarding its work plan.
(g) The work plan created by the designated local public entity
shall include, but is not limited to, all of the following:
(1) In coordination with the department, the development and
delivery of producer outreach information and training to local
communities, groups, and individuals to organize their involvement
with the work plan and to raise awareness regarding Pierce's disease
and its vectors.
(2) In coordination with the department, the development and
delivery of ongoing training of the designated local public entity's
employees in the biology, survey, and treatment of Pierce's disease
and its vectors.
(3) The identification within the designated local public entity
of a local Pierce's disease coordinator.
(4) The proposed treatment of Pierce's disease and its vectors.
Treatment programs shall comply with all applicable laws and
regulations and shall be conducted in an environmentally responsible
manner.
(5) In coordination with the department, the development and
implementation of a data collection system to track and report new
infestations of Pierce's disease and its vectors in a manner
respectful of property and other rights of those affected.
(6) On an annual basis, while funds appropriated by this section
are available for encumbrance, the department shall review the
progress of each local public entity's activities regarding Pierce's
disease and its vectors and, as needed, make recommendations
regarding those activities to the local public entity.
(h) Notwithstanding Section 7550.5 of the Government Code, the
department shall report to the Legislature on January 1, 2001, and
each January 1 while this section is operative, regarding its
expenditures, progress, and ongoing priorities in combating Pierce's
disease and its vectors in California.
(i) This article shall become inoperative on March 1, 2016, and as
of January 1, 2017, is repealed, unless a later enacted statute that
is enacted before January 1, 2017, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 2. Section 6047.19 of the Food and Agricultural Code is
amended to read:
6047.19. (a) On or before December 31st of every other year, the
secretary, after consultation with the board, shall report on the
status of this article to the chairs of the policy and fiscal
committees that have the appropriate subject matter jurisdiction in
the Assembly and the Senate.
(b) The report shall include a financial accounting, including the
distribution of industry assessments and any unexpended amount on
deposit, of the department's efforts to contain Pierce's disease and
its vectors.
(c) This article shall remain in effect only until March 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before March 1, 2016, deletes or extends that date.
SEC. 3. Section 6047.20 of the Food and Agricultural Code is
amended to read:
6047.20. This article shall become inoperative, as of March 1,
2011, unless the secretary finds, in a referendum conducted by him or
her, or a person designated by him or her, subsequent to the
operative date of the amendments to this section adopted in 2009,
that a favorable vote has been given pursuant to this article.
SEC. 4. Section 6047.21 of the Food and Agricultural Code is
amended to read:
6047.21. (a) No later than April 15, 2010, the secretary shall
establish a list of those persons eligible to vote on the continued
implementation of this article.
(b) Eligibility shall be limited to the producers, processors, and
persons who paid the assessment on grapes crushed in the immediately
preceding season.
(c) (1) In establishing the list, the secretary may require
processors, producers, and others to submit the names, mailing
addresses, and assessment values of all producers who paid the
assessment on grapes crushed in the immediately preceding marketing
season.
(2) The information required by the secretary shall be filed
either with the annual assessment report or no later than 30 days
following receipt of a written notice from the secretary requesting
the information.
(d) Any producer whose name does not appear on the secretary's
list may have his or her name added to the list by filing with the
secretary a signed statement identifying himself or herself as a
producer that paid an assessment during the most recent marketing
season.
SEC. 5. Section 6047.27 of the Food and Agricultural Code is
amended to read:
6047.27. (a) If the secretary finds that a favorable vote as
provided in this article has not been given subsequent to the
operative date of the amendments to this section adopted in 2009,
this article shall become inoperative as of March 1, 2011.
(b) If the secretary finds that a favorable vote has been given as
provided in this article, he or she shall certify and give notice of
the favorable vote to all persons whose names and addresses may be
on file with the secretary as provided in Section 6047.21.
SEC. 6. Section 6047.29 of the Food and Agricultural Code is
amended to read:
6047.29. (a) The secretary shall appoint an advisory task force
consisting of scientific experts, including, but not limited to,
university researchers and agricultural representatives, for the
purpose of advising the secretary on the control and management of
Pierce's disease.
(b) Members of the advisory task force, or alternate members when
acting as members, may be reimbursed, upon request, for necessary
expenses incurred by them in the performance of their duties.
(c) Notwithstanding Sections 6047.20 and 6047.27, this section
shall remain in effect until March 1, 2016, and as of that date is
repealed, unless a later enacted statute, that is enacted before
March 1, 2016, deletes or extends that date.
SEC. 7. 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 continue to protect as soon as possible the winegrape
industry from the plant killing Pierce's disease bacterium, and its
vectors, and to give the Department of Food and Agriculture adequate
time to address the referendum required by Section 6047.20 of the
Food and Agricultural Code, it is necessary that this act take effect
immediately.