BILL NUMBER: AB 2174	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 6, 2012
	PASSED THE ASSEMBLY  AUGUST 9, 2012
	AMENDED IN SENATE  JUNE 14, 2012
	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, 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 $0.001 per dollar of sales fee
may be used for the support of specified technical education and
research programs that result in more agronomically sound uses of
fertilizer materials and minimize the environmental impacts of
fertilizer use, including, but not limited to, nitrates in
groundwater and emissions of greenhouse gases resulting from
fertilizer use, and for the support of education to increase
awareness of more agronomically sound uses of fertilizer materials to
reduce environmental impacts, as specified.


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 resource conservation districts, other
California institutions of postsecondary education, or other
qualified entities to develop programs in the following areas:
   (1) Technical education for users of fertilizer materials in the
development and implementation of nutrient management projects that
result in more agronomically sound uses of fertilizer materials and
minimize the environmental impacts of fertilizer use, including, but
not limited to, nitrates in groundwater and emissions of greenhouse
gases resulting from fertilizer use.
   (2) Research to improve nutrient management practices resulting in
more agronomically sound uses of fertilizer materials and to
minimize the environmental impacts of fertilizer use, including, but
not limited to, nitrates in groundwater and emissions of greenhouse
gases resulting from fertilizer use.
   (3) Education to increase awareness of more agronomically sound
use of fertilizer products to reduce the environmental impacts
resulting from the overuse or inefficient use of fertilizing
materials.