BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 2
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          Date of Hearing:  June 17, 2009

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                              Cathleen Galgiani, Chair
                      SB 2 (Wiggins) - As Amended:  May 20, 2009
           
          SENATE VOTE  :  36-0
           
          SUBJECT  :  Pest Control: Pierce's Disease: Glassy-winged  
          sharpshooter.

           SUMMARY  :  Extends the Pierce's Disease (PD) and Glassy-winged  
          Sharpshooter (GWSS) Board (board), upon a positive referendum  
          vote; expands the use of funds to other designated pests or  
          diseases, increases to 14% the amount of funds the California  
          Department of Food and Agriculture (CDFA) and board may use for  
          administrative costs; prohibits the use of General Funds (GF)  
          for new research or outreach related to new designated pests and  
          diseases; and, makes technical changes.  Specifically,  this  
          bill  :  

          1)Changes the reference to the "Department of Food and  
            Agriculture to "department", and makes related conforming  
            changes.

          2)Makes conforming language changes. 

          3)Extends the sunset dates of the board five years, from March  
            1, 2011 to March 1, 2016, and requires a favorable referendum  
            by the payers of the assessment, subsequent to the enactment  
            of the changes provided in this bill, in order to authorize  
            the use of the new authority.

          4)Adds to the legislative findings that the state's agricultural  
            business economy could be damaged "if measures are not taken  
            to prevent or inhibit infestations by other designated pests  
            and diseases."

          5)Adds to the definitions "Other pests and diseases" to mean  
            pests and diseases designated by the secretary (secretary) of  
            CDFA, according to number nine below.

          6)Authorizes expenditures of funds for the "other designated  
            pests and diseases." 









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          7)Expands from 7% to 14% the amount CDFA and the board may spend  
            on administrative costs for the program.  

          8)Authorizes the board, in consultation with the advisory task  
            force and conforming to the requirements outlined below, to  
            recommend to the secretary that funds be used on research and  
            outreach for non-related PD pests and diseases. Prohibits the  
            expenditure of GF after March 1, 2011 on new research or  
            outreach programs relating to other designated grape pests and  
            diseases. 

          9)Requires that the board's finding supporting such a  
            recommendation to the secretary include all the following:

             a)   The pest or disease would adversely affect the health,  
               yield, or quality of grapes or grape vines, if the pest or  
               disease becomes established or expands in California.

             b)   The pest or disease would significantly harm  
               California's agricultural business if it becomes  
               established or expanded in the state.

             c)   Significant portions of the grape producing areas of the  
               state are now, or reasonably likely in the future, to be  
               affected by the spread of the pest or disease. 

             d)   Expenditures approved by the secretary based on findings  
               and recommendations do not substantially diminish  
               expenditures on programs, work plans or research on PD and  
               GWSS.

             e)   Scientific experts have provided information and advice  
               supporting the above findings.  The scientific information  
               and advice does not have to be unanimous.  

           EXISTING LAW  created the Pierce's Disease Control Program  
          (program), within CDFA, in order to fight PD and its vectors,  
          primarily GWSS.  (Food and Agriculture code section 6045-6047.)   
          The board was created to assess grape growers, and direct  
          expenditure to research and combat Pierce's Disease and its  
          vectors.  CDFA and the board's administrative cost may not  
          exceed 7% of the program's funding.  The program is funded from  
          GF, federal and industry funds, and grape grower's assessments.   
           It also required the secretary to conduct a referendum by March  
          1, 2006 to continue the board.  The board's sunset date is March  








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          1, 2011.  (Food and Agriculture code section 6047.1-6047.29.)

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, the program is funded by a combination of GF, special  
          funds (industry assessments) and federal funds.  In fiscal year  
          2010-11, the program is estimated to receive $4.1 million from  
          GF and $2.4 million from special funds. 

           COMMENTS  :  In the late 1990s, PD threatened to cause damage to  
          grapes due to the arrival of GWSS.  GWSS carries the bacterium  
          Xylella fastidiosa, which causes PD in grapes, almonds,  
          oleander, and citrus fruits.  When a plant develops PD, its  
          ability to draw in moisture is hindered and the plant will  
          either die or become unproductive.
           
          In response, the Legislature enacted a legislative package that  
          created the advisory task force on  PD issue in 1999.  In 2001,  
          the program was created by AB 1394 (Wiggins), Chapter 103,  
          Statutes of 2001, to fight the spread and find solutions for PD  
          and GWSS.  SB 1650 (Chesbro), Chapter 485, Statutes of 2004,  
          made technical and substantive changes to the program; added a  
          referendum process for the continuance of the program and its  
          related assessments, to be approved by a majority of the  
          participants; and, extended the program's sunset to March 1,  
          2011.

          According to the author's office, the program is a successful  
          effort to control the spread of PD and GWSS.  While the program  
          is due to end operation in 2011, PD is still a threat.  By  
          extending the operation date, the program can continue to fight  
          the spread of PD and GWSS.
           
          Supporters state the intergovernmental and industry coordination  
          through this program has proven to be a good 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  
          fight other significant pests to California grapes.

          The committee may wish to consider whether expanding the program  
          to cover other designated grape pests and diseases will  
          compliment or reduce the program's effectiveness in combating PD  
          and its vectors.  

           REGISTERED SUPPORT / OPPOSITION  :  








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           Support 
           
          California Association of Winegrape Growers (sponsor)
          Family Winemakers of California (sponsor)
          Wine Institute (sponsor)
          Allied Grape Growers
          American Federation of State, County and Municipal Employees
          Bella Vista Farming Company
          California Agricultural Commissioners and Sealers Association 
          Lodi District Grape Growers Association
          Napa Valley Vintners
          Paso Robles Wine Country Alliance
          Scheid Vineyards
          Sonoma County Winegrape Commission
          The Murphy Companies

           Opposition 
           
          None on file
           

          Analysis Prepared by  :    Victor Francovich / AGRI. / (916)  
          319-2084