BILL NUMBER: AB 1389	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2013
	AMENDED IN ASSEMBLY  APRIL 11, 2013

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 on January 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  , if the secretary makes that
specified determination,  would  , if the secretary
makes that determination,  authorize the secretary to
establish an advisory committee. The bill would require the
Department of Food and Agriculture to post  the operability
of   whether  these provisions  and related
regulations   have become operative  on its
Internet Web site  if one of the conditions for operability
occurs  and would  specify that  
prohibit  the secretary  shall not be  
from being  required to administer any of these provisions that
 are   have become  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:

  SECTION 1.  Article 13 (commencing with Section 52991) is added to
Chapter 4 of Division 18 of the Food and Agricultural Code, to read:

      Article 13.  Operation


   52991.  (a) Except as specified in Section 52992, on and after
January 1, 2014, the provisions of this chapter, and any regulations
adopted pursuant to this chapter, shall become inoperative unless
either of the following occurs:
   (1) A resolution is approved in accordance with the procedures
specified in subdivision (c) of Section 52891.1, as that section read
on January 1, 2013, to continue the operation of this chapter.
   (2) The secretary receives a petition from members of the cotton
industry in the San Joaquin Valley  ,  and makes a
determination that circumstances in the California cotton industry
indicate that the operation of specified sections of this chapter is
in the best interests of the cotton industry and the state. If the
secretary makes that determination, the secretary may establish a
committee to advise the secretary. The committee shall be comprised
of cotton growers, handlers of whole cottonseed, handlers of raw
cotton fiber, and representatives of cotton ginning organizations.
   (b) If the provisions of this chapter  , and any
regulations adopted pursuant to this chapter,  become
operative as described in paragraphs (1) and (2) of subdivision (a),
the department shall post this fact on its Internet Web site.
   52992.  The following sections of this chapter shall remain
operative and shall be administered by the secretary:
   (a) Section 52893 as it relates to certified cottonseed.
   (b) Section 52901 as it relates to certified cottonseed and
colored cotton.
   (c) Section 52981 as it relates to colored cotton.
   52993.  The secretary shall not be required to administer this
article or any provisions of this chapter that are operative pursuant
to Sections 52991 and 52992 unless the secretary determines that
there are sufficient funds remaining in the Department of Food and
Agriculture Fund that were deposited and authorized to be expended
for  the  purposes of this chapter, or from other sources,
including the California cotton industry, to pay the costs incurred
by the secretary.