BILL NUMBER: AB 2174	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 14, 2012
	AMENDED IN ASSEMBLY  MAY 3, 2012

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 23, 2012

   An act to amend Section 14611 of the Food and Agricultural Code,
relating to fertilizer.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2174, as amended, Alejo. Fertilizer: reduction of use.
   Existing law requires a person who manufactures or distributes
fertilizing materials to obtain a license from the Secretary of Food
and Agriculture. Under existing law, a licensee whose name appears on
the label who sells or distributes bulk fertilizing materials is
required to pay specified fees for each dollar of sales, including an
amount not to exceed $0.001 per dollar of sales for all sales of
fertilizing materials, to provide funding for research and education
regarding the use and handling of fertilizing material, including,
but not limited to, any environmental effects.
   This bill would specify that the use of the $0.001 per dollar of
sales fee is also for the support of specified education programs
that result in more efficient  and agronomically sound  use
of fertilizer  products   materials  and
minimize the environmental impacts of fertilizer use, including, but
not limited to, nitrates in groundwater, for the support of research
programs that increase awareness of programs for efficient  and
agronomically sound  use of fertilizer  products
  materials  , and for the support of education on
 eligibility for funding for projects that promote 
efficient  and agronomically sound  use of fertilizer
 products   materials  .  The bill
would also require these education and research programs to be
prioritized, as specified, for the distribution of funds from the
$0.001 per dollar of sales fee. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14611 of the Food and Agricultural Code is
amended to read:
   14611.  (a) A licensee whose name appears on the label who sells
or distributes bulk fertilizing materials, as defined in Sections
14517 and 14533, to unlicensed purchasers, shall pay to the secretary
an assessment not to exceed two mills ($0.002) per dollar of sales
for all fertilizing materials. A licensee whose name appears on the
label of packaged fertilizing materials, as defined in Sections 14533
and 14551, shall pay to the secretary an assessment not to exceed
two mills ($0.002) per dollar of sales. The secretary may, based on
the findings and recommendations of the board, reduce the assessment
rate to a lower rate that provides sufficient revenue to carry out
this chapter.
   (b) In addition to the assessment provided in subdivision (a), the
secretary may impose an assessment in an amount not to exceed one
mill ($0.001) per dollar of sales for all sales of fertilizing
materials, to provide funding for research and education regarding
the use and handling of fertilizing material, including, but not
limited to, support for University of California Cooperative
Extension, the California  Resources Conservation Districts
  resource conservation districts  , other
California institutions of postsecondary education, or other
qualified entities to develop programs in the following areas:
   (1) Technical education for  producers, as described in
Sections 55408 and 64507,   users of fertilizer
materials  in the development and implementation of nutrient
management projects that result in more efficient  and
agronomically sound  use of fertilizer  products
  materials  and minimize the environmental impacts
of fertilizer use, including, but not limited to, nitrates in
groundwater.
   (2) Research  to assist producers, as described in
Sections 55408 and 64507,  to improve nutrient management
practices resulting in more efficient  and agronomically sound
 uses of fertilizer  products   materials
 and to minimize the environmental impacts of fertilizer use,
including, but not limited to, nitrates in groundwater.
   (3) Education  to producers, as described in Sections
55408 and 64507,  to increase awareness of  the
following:(A)     Efficient
  efficient and   agronomically sound  use
of fertilizer products to reduce the environmental impacts resulting
from the over use or inefficient use of fertilizing materials.

   (B) The use of funds under this subdivision and eligibility
requirements for funding for projects that promote efficient
fertilizer use and reduce environmental impacts resulting from the
over use or inefficient use of fertilizing materials. 

   (c) The distribution of funds to programs under paragraphs (1) to
(3), inclusive, subdivision (b) shall be prioritized in the order in
which they are listed.