BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 2
          Author:   Wiggins (D), et al
          Amended:  5/20/09
          Vote:     21

           
           SENATE FOOD AND AGRICULTURE COMMITTEE  :  5-0, 4/21/09
          AYES:  Florez, Maldonado, Hancock, Hollingsworth, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  12-0, 5/28/09
          AYES:  Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,  
            Leno, Oropeza, Runner, Walters, Wyland, Yee
          NO VOTE RECORDED:  Wolk


           SUBJECT  :    Pest control:  Pierces disease:  glassy-winged  
          sharpshooter

           SOURCE  :     California Association of Winegrape Growers
                      Family Winemakers of California
                      Wine Institute


           DIGEST  :    This bill extends the sunset of the Pierces  
          Disease Control Program date from March 1, 2011 to March 1,  
          2016, and makes other changes to existing law regarding the  
          program.

           ANALYSIS  :    In the late 1990s, Pierce's Disease, which has  
          been present in California for more than 100 years,  
          threatened to cause sizable damage to grapes due to the  
          arrival of the Glassy-winged Sharpshooter.  The  
          Glassy-winged Sharpshooter carries the bacterium Xylella  
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          fastidiosa, which causes Pierce's Disease in grapes,  
          almonds, oleander, and citrus fruits.  The insect feeds on  
          a plant's water producing elements.  When a plant develops  
          Pierce's Disease, its ability to draw in moisture is  
          hindered and the plant will either die or become  
          unproductive.

          In response to this threat to the grape industry, the  
          Legislature enacted a legislative package that eventually  
          resulted in the creation of an advisory task force on the  
          Pierce's Disease issue in 1999.  In 2000, the Pierce's  
          Disease Control Program was created: a partnership between  
          Department of Food and Agriculture (DFA), County  
          Agriculture Commissioners, United States Department of  
          Agriculture, University of California, local agencies,  
          industry, and agriculture organizations to combat the  
          spread and find solutions for Pierce's Disease and the  
          Glassy-winged Sharpshooter.

          SB 1650 (Chesbro), Chapter 485, Statutes of 2004, made  
          various technical and substantive changes to the Pierce's  
          Disease Control Program.  The bill added a referendum  
          process for the continuance of the program and its related  
          assessments to be approved by a majority of the referendum  
          participants, clarified that proprietary information  
          submitted to DFA is confidential, and prohibited the  
          dissemination of judicial proceedings involving such  
          information to the public or third parties during the  
          proceedings.  

          SB 295 (Chesbro), Chapter 12, Statutes of 2005, ensures  
          that proprietary information collected for the Pierce's  
          Disease Control Program and used in a court proceeding  
          shall not be disseminated during or after the court  
          proceedings.  It also eliminates reimbursement to the  
          county for election costs associated with petitions to  
          organize districts to respond to and distribute information  
          about the spread of the Glassy-winged Sharpshooter and  
          Pierce's Disease.  The bill also states that the Advisory  
          Task Force will remain in effect until March 1, 2011,  
          regardless of the termination dates or other portions of  
          the Pierce's Disease Control Program.  

          This bill:

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          1. Extends from 2011 to 2016, the Pierce's Disease Control  
             Program within the Department of Food and Agriculture.

          2. Deletes the requirement that General Funds designated  
             for research can only be expended when nonstate revenue  
             sources provide a 25 percent match.

          3. Expands the research program to include designated new  
             pests and diseases affecting grapes grown in California.

          4. Authorizes the Pierce's Disease and Glassy-winged  
             Sharpshooter Board to make recommendations to the  
             Department of Food and Agriculture that a pest or  
             disease be designated as a new pest or disease and that  
             money should be expended on research and outreach.

           Comments
           
          According to the author's office the Pierce's Disease  
          Control Program has proven to be a very successful effort  
          to control the spread of Pierce's Disease and the  
          Glassy-winged Sharpshooter.  While the program is due to  
          sunset in 2011, the disease and the threat of its spread  
          still remains.  By extending the sunset date, the Pierce's  
          Disease Control Program can continue to combat the spread  
          of Pierce's Disease and the Glassy-winged Sharpshooter.

          Supporters of this bill state that the great  
          intergovernmental and industry coordination through the  
          Pierce's Disease Control Program has proven an excellent  
          model for pest control programs.  By extending the research  
          funding of the program to include other significant pests  
          and diseases threatening California grape growers,  
          California will be able to build on the success of the  
          Pierce's Disease Control Program to combat other  
          significant pests to California grapes.

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

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

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           Major Provisions                2009-10     2010-11     
           2011-12   Fund  

          Sunset extension         $2,050    $4,100$4,100General/
                              $1,700    $2,400$2,400Special*

          Expansion of research                        Unknown,  
          potentially major cost                       General/
            program                     pressure            Special*

                 Pierce's Disease Management Account (6064-3010) -  
               in 2008, the program received $22,500 in federal funds

          According to the Senate Appropriations Committee analysis,  
          the current Pierce's Disease research program is funded by  
          a combination of General Funds, special funds (industry  
          assessment) and federal funds.  Both General Fund and  
          special support has decreased since the program was  
          established by AB 1394 (Wiggins), Chapter 103, Statutes of  
          2001.  Federal funding greatly exceeds state and industry  
          support for the program.  A reduction in state or industry  
          funding for the program may result in reduced federal  
          support.  Preliminary information suggests research  
          generated by the program is successful though the benefits  
          of that research are several years out.

           SUPPORT  :   (Verified  5/29/09)

          California Association of Winegrape Growers (co-source)
          Family Winemakers of California (co-source)
          Wine Institute (co-source)
          American Federation of State, County and Municipal  
          Employees
          California Agriculture Commissioners & Sealers Association


          TSM:do  6/1/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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