BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 707|
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                              UNFINISHED BUSINESS


          Bill No:  SB 707
          Author:   Cannella (R) and Wolk (D)
          Amended:  6/21/11
          Vote:     21

           
           SENATE AGRICULTURE COMMITTEE  :  7-0, 5/3/11
          AYES:  Cannella, Rubio, Berryhill, Evans, La Malfa, Vargas, 
            Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/16/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg

           SENATE FLOOR  :  33-2, 5/31/11
          AYES:  Alquist, Calderon, Cannella, Corbett, De Le�n, 
            DeSaulnier, Dutton, Emmerson, Evans, Fuller, Gaines, 
            Hancock, Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, 
            Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, 
            Rubio, Runner, Simitian, Steinberg, Vargas, Walters, 
            Wolk, Wright, Yee
          NOES:  Anderson, Correa
          NO VOTE RECORDED:  Berryhill, Blakeslee, Harman, 
            Strickland, Wyland

           ASSEMBLY FLOOR  :  69-8, 8/29/11 - See last page for vote


           SUBJECT  :    Agricultural development

           SOURCE  :     Author


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           DIGEST  :    This bill includes olive trees in the existing 
          one percent gross sales fee assessment, and extends the 
          membership of the Fruit Tree, Nut Tree and Grapevine 
          Improvement Advisory Board to representatives from the 
          olive industry.  

           Assembly Amendments  authorize the Department of Food and 
          Agriculture (CDFA) to enter into agreements relating to 
          olive tree production and requires the Secretary of CDFA to 
          consult with the olive industry in appointing the Fruit 
          Tree, Nut Tree and Grapevine Improvement Advisory Board.

           ANALYSIS  :    Existing law assesses a one percent fee 
          annually on gross sales of all deciduous pome and stone 
          fruit trees, nut trees, and grapevines, with certain 
          exceptions.  Existing law allows the Secretary of the CDFA 
          to exempt certain species of pome and stone fruit trees, 
          nut trees, grapevines, or ornamental varieties, as 
          specified, from the assessment.

          This bill includes olive trees within the plants subject to 
          the assessment and provides that ornamental varieties of 
          olive trees would be eligible for the exemption.  

          Existing law authorizes the CDFA to enter into agreements 
          with the University of California, any commissioner, and 
          any qualified research agency, to assist in development of 
          planting material for pome and stone fruit, nut tree, and 
          grapevine production, and requires the agreements to 
          provide for payment for services rendered from fees 
          collected, as specified.

          This bill authorizes the CDFA to enter into agreements to 
          assist in the development of planting material for olive 
          tree production.  

          Existing law creates an industry advisory board to assist 
          and advise CDFA on the implementation of this research and 
          programs.  Designates that CDFA appoint a board, in 
          consultation with the specified industry, with a majority 
          being licensed producers of pome, stone, nut and grape 
          nursery stock. 

          This bill extends the membership of the Fruit Tree, Nut 

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          Tree and Grapevine Improvement Advisory Board (IAB) to 
          representatives from the olive industry and requires the 
          Secretary of the CDFA to consult with the olive industry in 
          appointing the IAB.

           Background  

          In 1988, the Legislature created the IAB with the primary 
          purpose of conducting research to further the interests of 
          the industry.  The IAB is funded by an industry assessment 
          of one percent of gross sales on all deciduous pome and 
          stone fruit trees, nut trees, and grapevines including 
          seeds, seedlings, rootstocks and topstock.  

          The CDFA Secretary, upon consultation with the industry, 
          appoints an IAB board to provide assistance concerning the 
          implementation of this program.  The board consists of 11 
          members serving two-year terms, with a maximum of three 
          consecutive terms. 

          The University of California, Davis is the home of the 
          Foundation Plant Services (FPS) program.  The FPS produces, 
          tests, maintains, and distributes to California nurseries 
          foundation-level plant materials that are disease-free, 
          virus-tested and certified as true-to-type.  CDFA 
          participates in the cooperative oversight of the FPS 
          program with the United States Department of Agriculture 
          and the industry.  Certain funds from the IAB are used in 
          support of the FPS program.

           Comments  

          According to the Assembly Appropriations Committee, the 
          existing one percent assessment on fruit tree, nut trees, 
          and grapevines in 2010 generated $1.2 million in funding 
          for the IAB.  Olives are a modest but growing sector of 
          California agriculture.  In 2009, there were 
          approximately 31,000 acres of olive trees, or slightly 
          less than three percent of the total acreage dedicated to 
          fruit and nut trees.  Including olive trees in the 
          assessment will likely generate an additional $20,000 in 
          revenue for the program.  

           Related legislation  .  SB 818 (Wolk) redefines California's 

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          olive oil labeling requirements to conform to United States 
          labeling standards as outlined in the U.S. Standards for 
          Grades of Olive Oil and Olive-Pomace oil published in the 
          Federal Register that took effect on October 25, 2010 
          (federal regulations). 

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

          SUPPORT  :   (Verified  8/25/11)

          California Olive Oil Council
          Duarte Nursery
          Santa Cruz Olive Tree Nursery
          Sunridge Nurseries
          The Burchell Nursery, Inc.
          University of California
          Vintage Nurseries

           ARGUMENTS IN SUPPORT  :    Supporters of this bill state that 
          adding olives to the Foundation Plant Services program 
          provides California nurseries with plant materials that are 
          disease-free and certified as true-to-type.  Over the past 
          five years, olive oil plantings have grown toward the 
          largest in state history.  Further, the addition of olives 
          to the IAB allows the study of diseases such as 
          verticillium wilt, which has prevented olives from being 
          planted in large areas of the Central Valley.  The 
          inclusion of olive trees in the IAB will help ensure that 
          nurseries and olive farmers have certified disease-free 
          trees that are true-to-type, and that California will have 
          a healthy olive industry.  Further, with the increasing 
          number of varietal specific oils being produced and 
          marketed, the true-to-type validation has an increasing 
          importance to farmers and consumers.


           ASSEMBLY FLOOR  :  69-8, 8/29/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Hagman, Hall, 

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            Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, 
            Huffman, Jeffries, Lara, Bonnie Lowenthal, Ma, Mendoza, 
            Miller, Mitchell, Monning, Nestande, Nielsen, Olsen, Pan, 
            Perea, V. Manuel P�rez, Portantino, Skinner, Smyth, 
            Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, 
            Williams, Yamada, John A. P�rez
          NOES:  Donnelly, Grove, Jones, Knight, Logue, Mansoor, 
            Morrell, Norby
          NO VOTE RECORDED:  Gorell, Halderman, Silva


          MEL:mw  8/30/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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