Amended in Assembly April 24, 2013

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 Boardbegin delete,end delete 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 assessmentsbegin delete,end delete 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 on January 1, 2014,begin delete except as specified,end delete unless a resolution is approved to continue the operation of these provisionsbegin delete,end delete or the secretary receives a petition from members of the cotton industry in the San Joaquin Valleybegin delete,end delete and makes a determination that it is in the best interests of the cotton industry and the state to continue these provisions. The billbegin insert, if the secretary makes that specified determination,end insert wouldbegin delete, if the secretary makes that determination,end delete authorize the secretary to establish an advisory committee. The bill would require the Department of Food and Agriculture to postbegin delete the operability ofend deletebegin insert whetherend insert these provisionsbegin delete and related regulationsend deletebegin insert have become operativeend insert on its Internet Web sitebegin delete if one of the conditions for operability occursend delete and wouldbegin delete specify thatend deletebegin insert prohibitend insert the secretarybegin delete shall not beend deletebegin insert from beingend insert required to administer any of these provisions thatbegin delete areend deletebegin insert have becomeend insert 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 in Section 52992, on and after
8January 1, 2014, the provisions of this chapter, and any regulations
9adopted pursuant to this chapter, shall become inoperative unless
10either 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 Valleybegin delete,end delete and makes a determination
16that circumstances in the California cotton industry indicate that
17the operation of specified sections of this chapter is in the best
18interests of the cotton industry and the state. If the secretary makes
19that determination, the secretary may establish a committee to
P3    1advise the secretary. The committee shall be comprised of cotton
2growers, handlers of whole cottonseed, handlers of raw cotton
3fiber, and representatives of cotton ginning organizations.

4(b) If the provisions of this chapterbegin delete, and any regulations adopted
5pursuant to this chapter,end delete
become operative as described in
6paragraphs (1) and (2) of subdivision (a), the department shall post
7this fact on its Internet Web site.

8

52992.  

The following sections of this chapter shall remain
9operative and shall be administered by the secretary:

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

11(b) Section 52901 as it relates to certified cottonseed and colored
12cotton.

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

14

52993.  

The secretary shall not be required to administer this
15article or any provisions of this chapter that are operative pursuant
16to Sections 52991 and 52992 unless the secretary determines that
17there are sufficient funds remaining in the Department of Food
18and Agriculture Fund that were deposited and authorized to be
19expended forbegin insert theend insert purposes of this chapter, or from other sources,
20including the California cotton industry, to pay the costs incurred
21by the secretary.



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