as amended, Committee on Agriculture.
begin deleteSan Joaquin Valley Quality Cotton District. end delete
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, 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 authorize the secretary to establish an advisory committee. The bill would require the Department of Food and Agriculture to post whether these provisions have become operative on its Internet Web site and would prohibit the secretary from being required to administer any of these provisions that 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:
(a) The secretary shall appoint a Shell Egg Advisory
4Committee consisting of
begin delete seven members, sixend delete
5 of whom shall be selected by the secretary from egg handlers and
6be representative of the egg industry. The secretary shall appoint
7two alternates who may serve in the absence of any of the
begin delete sixend delete
8 egg handler representatives. The California Agricultural
9Commissioners and Sealers Association shall annually designate
10one of its members who shall serve in a nonvoting capacity as the
begin delete seventhend delete member of the committee. The secretary begin delete mayend delete appoint one begin delete additional member on the committee, public member. The members of the committee shall receive no
13who shall be aend delete
16(b) Upon the secretary’s request,
the committee shall submit to
17the secretary the names of three or more natural persons, each of
18whom shall be a citizen and resident of this state and not a
19producer, shipper, or processor nor financially interested in any
20producer, shipper, or processor, for appointment by the secretary
21as a public member of the committee. The secretary may appoint
22one of the nominees as the public member on the committee. If
23all nominees are unsatisfactory to the secretary, the committee
24shall continue to submit lists of nominees until the secretary has
25made a selection.
begin delete Anyend delete vacancy in the office of the public member
26of the committee shall be filled by appointment by the secretary
27from the nominee or nominees similarly qualified submitted by
P4 1the committee. The public member of the committee shall represent
2the interests of the general public in all matters coming before the
3committee and shall have the same voting and other rights and
4immunities as other members of the committee.
Article 13 (commencing with Section 52991) is added
7to Chapter 4 of Division 18 of the Food and Agricultural Code, to
(a) Except as specified in Section 52992, on and after
13January 1, 2014, the provisions of this chapter, and any regulations
14adopted pursuant to this chapter, shall become inoperative unless
15either of the following occurs:
16(1) A resolution is approved in accordance with the procedures
17specified in subdivision (c) of Section 52891.1, as that section read
18on January 1, 2013, to continue the operation of this chapter.
19(2) The secretary receives a petition from members of the cotton
20industry in the San Joaquin Valley and makes a determination that
21circumstances in the California cotton industry indicate that the
22 operation of specified sections of this chapter is in the best interests
23of the cotton industry and the state. If the secretary makes that
24determination, the secretary may establish a committee to advise
25the secretary. The committee shall be comprised of cotton growers,
26handlers of whole cottonseed, handlers of raw cotton fiber, and
27representatives of cotton ginning organizations.
28(b) If the provisions of this chapter become operative as
29described in paragraphs (1) and (2) of subdivision (a), the
30department shall post this fact on its Internet Web site.
The following sections of this chapter shall remain
32operative and shall be administered by the secretary:
33(a) Section 52893 as it relates to certified cottonseed.
34(b) Section 52901 as it relates to certified cottonseed and colored
36(c) Section 52981 as it relates to colored cotton.
The secretary shall not be required to administer this
38article or any provisions of this chapter that are operative pursuant
39to Sections 52991 and 52992 unless the secretary determines that
40there are sufficient funds remaining in the Department of Food
P5 1and Agriculture Fund that were deposited and authorized to be
2expended for the purposes of this chapter, or from other sources,
3including the California cotton industry, to pay the costs incurred
4by the secretary.
“Asparagus” means all types of vegetables grown
begin delete in from the plant family Liliaceae or Lily;
8District 1 and District 2end delete
9Genus, Asparagus officinalis.
(a) Except as otherwise provided in Section 78225.5,
13“districts” consist of the following geographical areas:
14(1) District 1 consists of the Counties
16Alpine, Amador, Calaveras, Contra Costa, Sacramento, San
17Joaquin, San Mateo, Sutter, Yolo, the City and County of San
18Francisco, and all other counties north of those counties to the
begin delete which are not included in any other district.end delete
begin delete(2)end delete begin delete end delete begin deleteDistrict 2 consists of the Countiesend delete of
21Fresno, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa,
22Merced, Mono, Monterey, San Benito, San Bernardino, San Luis
23Obispo, Santa Barbara, Santa Clara, Santa Cruz, Stanislaus,
24Tuolumne, Tulare, and Ventura.
25(b) The boundaries of any district may be changed by a
26two-thirds vote of the membership of the commission, that is
27concurred in by the secretary, when necessary to ensure proper
28representation by producers. These boundaries need not coincide
29with county lines.
(a) There is in the state government the California
33Asparagus Commission. The commission shall be composed
begin delete of as follows:
3413 members,end delete
begin delete producers, of which eight shall be from District 1 .
36and four from District 2, each of whom shall be elected by and
37from producers within the respective districtsend delete
40(2) One member shall be a public member.end delete
P6 1(b) Theend delete
2 public member shall be appointed by the secretary
3from the nominees recommended by the commission.
5 The secretary and other appropriate individuals, as
6determined by the commission, shall be ex officio
7members of the commission.
begin delete whoend delete are not subject to
begin delete on the date itend delete begin deletebecomes operative pursuant to Article 5 may petition the commission
18(commencing with Section 78270)end delete
begin deleteestablish an additional district that includes all of the counties .
20which are not in District 1 or District 2end delete
21If the petition is approved by a two-thirds vote of the commission, the secretary shall conduct an implementation
23vote of the producers from those counties in accordance with
24Article 5 (commencing with Section 78270).
25(b) If the secretary certifies a favorable vote, all producers from
26those counties shall be subject to this chapter.
begin delete Thereafter, in
27accordance with procedures established by the commission, the
28number of producers serving on the commission from each district
29shall be modified, if necessary, to ensure proper representation of
30each district. However, the commission shall not be composed of
31more than 14 producers.end delete
The term of office of all members and alternate
35members of the commission, except ex officio members, is three
36years commencing with the first day of December
begin delete prior toend delete
37 the beginning of the marketing year in the year of their election
38and until qualified successors are elected.
begin delete The terms of office of
39each member and alternate member of the commission shall be
40limited to three consecutive terms.end delete
begin delete is hereby declared and created a may sue and be sued, enter into
4corporate body. Itend delete
begin delete contracts, adopt a seal, and has all of the powers of a corporationend delete
6. Copies of its proceedings, records, and acts, when
7authenticated, shall be prima facie evidence of the truth of all
Upon certification of the commission, the secretary
12shall contact all producers
begin delete in each districtend delete by mail, or call meetings
begin delete in each districtend delete, for the purpose of nominating and
14electing persons to the commission. All producers on the
15secretary’s list shall be given written notice of any election
16meetings at least 10 days
begin delete prior toend delete the meeting date. To be
17eligible for election to the commission, producer nominees shall
18present to the secretary a nomination petition with the signatures
19of at least three eligible producers
begin delete from the district from which .
20the nominee is seeking electionend delete