Amended in Assembly April 11, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1389


Introduced by Committee on Agriculture

March 4, 2013


An act to add Article 13 (commencing with Section 52991) to Chapter 4 of Division 18 of the Food and Agricultural Code, relating to agriculture, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1389, as amended, Committee on Agriculture. San Joaquin Valley Quality Cotton District.

Existing law establishes the San Joaquin Valley Quality Cotton District for the purposes of promoting, encouraging, aiding, and protecting the planting and growing of cotton in California. Existing law establishes the San Joaquin Valley Cotton Board, and establishes the powers of the board to include, among others, establishing quality standards and making recommendations to the Secretary of Food and Agriculture on all matters pertaining to the district. Existing law provides funding for the board and enforcement of the provisions through assessments, and requires that all moneys received pursuant to these provisions, which are deposited in the continuously appropriated Department of Food and Agriculture Fund, be expended only for purposes of the provisions relating to the San Joaquin Valley Quality Cotton District.

This bill would make these provisions and related regulations inoperative onbegin delete Julyend deletebegin insert Januaryend insert 1, 2014, except as specified, unless a resolution is approved to continue the operation of these provisions, or the secretary receives a petition from members of the cotton industry in the San Joaquin Valley, and makes a determination that it is in the best interests of the cotton industry and the state to continue these provisions. The bill wouldbegin delete requireend deletebegin insert, if the secretary makes that determination, authorizeend insert the secretary to establish an advisory committeebegin delete, andend deletebegin insert. The bill would require the Department of Food and Agriculture to post the operability of these provisions and related regulations on its Internet Web site if one of the conditions for operability occurs andend insert would specify that the secretary shall not be required to administer any of these provisions that are operative unless the secretary determines there are sufficient funds to pay the costs incurred by the secretary, as specified. Because the bill would authorize the use of continuously appropriated funds for a new purpose, the bill would make an appropriation.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Article 13 (commencing with Section 52991) is
2added to Chapter 4 of Division 18 of the Food and Agricultural
3Code
, to read:

4 

5Article 13.  Operation
6

 

7

52991.  

(a) Except as specified inbegin delete subdivision (c),end deletebegin insert Section
852992,end insert
on and afterbegin delete Julyend deletebegin insert Januaryend insert 1, 2014, the provisions of this
9chapter, and any regulations adopted pursuant to this chapter, shall
10become inoperative unless either of the following occurs:

11 11(1) A resolution is approved in accordance with the procedures
12specified in subdivision (c) of Section 52891.1, as that section read
13on January 1, 2013, to continue the operation of this chapter.

14 14(2) The secretary receives a petition from members of the cotton
15industry in the San Joaquin Valley, and makes a determination
16that circumstances in the California cotton industry indicate that
17the operation ofbegin insert specified sections ofend insert this chapter is in the best
18interests of the cotton industry and the state.begin insert If the secretary makes
19that determination, the secretary may establish a committee to
20advise the secretary. The committee shall be comprised of cotton
21growers, handlers of whole cottonseed, handlers of raw cotton
22fiber, and representatives of cotton ginning organizations.end insert

begin insert

P3    1(b) If the provisions of this chapter, and any regulations adopted
2pursuant to this chapter, become operative as described in
3paragraphs (1) and (2) of subdivision (a), the department shall
4post this fact on its Internet Web site.

end insert
begin delete

5(b) The secretary shall establish a committee to advise the
6secretary. The committee shall be comprised of cotton growers,
7representatives of cotton seed processing organizations involved
8in seed crushing operations, handlers of raw cotton fiber, and
9representatives of cotton ginning organizations.

end delete
begin delete

10(c) Notwithstanding subdivision (a), the following provisions
11shall remain operative and shall be administered by the secretary:

end delete
begin delete

12(1) Section 52893.

end delete
begin delete

13(2) Subdivision (b) of Section 52901.

end delete
begin delete

14(3) Section 52981.

end delete
begin insert
15

begin insert52992.end insert  

The following sections of this chapter shall remain
16operative and shall be administered by the secretary:

17(a) Section 52893 as it relates to certified cottonseed.

18(b) Section 52901 as it relates to certified cottonseed and
19colored cotton.

20(c) Section 52981 as it relates to colored cotton.

end insert
21

begin delete52992.end delete
22begin insert52993.end insert  

The secretary shall not be required to administer this
23article or any provisions of this chapter that are operative pursuant
24tobegin delete Section 52991end deletebegin insert Sections 52991 and 52992end insert unless the secretary
25determines that there are sufficient funds remaining in the
26Department of Food and Agriculture Fund that were deposited and
27authorized to be expended for purposes of this chapter, or from
28other sources, including the California cotton industry, to pay the
29costs incurred by the secretary.



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