BILL NUMBER: AB 1389 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2013
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 11, 2013
INTRODUCED BY Committee on Agriculture
MARCH 4, 2013
An act to amend Sections 27571, 78211, 78214, 78225, 78225.5,
78235, 78236, and 78276 of, and 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. Agriculture.
(1) Existing law requires the Secretary of Food and Agriculture to
appoint a Shell Egg Advisory Committee consisting of 7 members, 6 of
whom are selected by the secretary from egg handlers. Existing law
also requires the secretary to appoint 2 alternates who may serve in
the absence of any of the 6 egg handler representatives. Existing law
further requires the California Agricultural Commissioners and
Sealers Association to annually designate one of its members who is
required to serve in a nonvoting capacity as the 7th member of the
committee and authorizes the secretary to appoint one additional
member of the committee who is required to be a public member.
This bill would instead require the committee to consist of 10
members, 8 of whom are selected by the secretary from egg handlers,
one of whom is designated by the association, and one of whom is
selected by the secretary as a public member.
Existing
(2) 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, 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.
(3) Existing law establishes the California Asparagus Commission
in the state government, consisting of 12 producers elected and one
public member appointed by the Secretary of Food and Agriculture to,
among other things, conduct programs for promotion of asparagus
sales, including marketing research, advertising, and promotion.
Existing law makes those provisions applicable to specified
geographical areas and divides those areas into 2 districts.
This bill would delete the provisions dividing the geographical
areas into 2 districts. The bill would authorize the commission to
modify the number of producers who serve on the commission by a 2/3
vote, in accordance with specified procedures, and would specify that
individuals appointed as ex officio members to the commission would
be nonvoting. The bill would delete provisions limiting the term of
office for members and alternate members of the commission to 3
consecutive terms, and would delete provisions specifying that the
commission is a corporate body with specified corporate powers. The
bill would make conforming changes.
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. Section 27571 of the Food
and Agricultural Code is amended to read:
27571. (a) The secretary shall appoint a Shell Egg Advisory
Committee consisting of seven members, six 10
members, eight of whom shall be selected by the secretary from
egg handlers and be representative of the egg industry. The
secretary shall appoint two alternates who may serve in the absence
of any of the six eight egg handler
representatives. The California Agricultural Commissioners and
Sealers Association shall annually designate one of its members who
shall serve in a nonvoting capacity as the seventh
ninth member of the committee. The secretary may
also shall select and appoint one
additional member on the committee, who shall be a public
member to the committee pursuant to subdivision (b) . The
members of the committee shall receive no salary.
(b) Upon the secretary's request, the committee shall submit to
the secretary the names of three or more natural persons, each of
whom shall be a citizen and resident of this state and not a
producer, shipper, or processor nor financially interested in any
producer, shipper, or processor, for appointment by the secretary as
a public member of the committee. The secretary may appoint one of
the nominees as the public member on the committee. If all nominees
are unsatisfactory to the secretary, the committee shall continue to
submit lists of nominees until the secretary has made a selection.
Any A vacancy in the office of the
public member of the committee shall be filled by appointment by the
secretary from the nominee or nominees similarly qualified submitted
by the committee. The public member of the committee shall represent
the interests of the general public in all matters coming before the
committee and shall have the same voting and other rights and
immunities as other members of the committee.
SECTION 1. SEC. 2. 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 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.
SEC. 3. Section 78211 of the Food and
Agricultural Code is amended to read:
78211. "Asparagus" means all types of vegetables grown
in District 1 and District 2 from the plant family
Liliaceae or Lily; Genus, Asparagus officinalis.
SEC. 4. Section 78214 of the Food and
Agricultural Code is amended to read:
78214. (a) Except as otherwise provided in Section 78225.5,
"districts" consist of the following geographical areas:
(1) District 1 consists of the Counties
78214. This chapter is applicable to the
Counties of Alameda, Alpine, Amador, Calaveras, Contra
Costa, Sacramento, San Joaquin, San Mateo, Sutter, Yolo, the City and
County of San Francisco, and all other counties north of those
counties to the Oregon border which are not included in any
other district.
(2) District 2
consists of the Counties ; and the Counties of
Fresno, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa, Merced,
Mono, Monterey, San Benito, San Bernardino, San Luis Obispo, Santa
Barbara, Santa Clara, Santa Cruz, Stanislaus, Tuolumne, Tulare, and
Ventura.
(b) The boundaries of any district may be changed by a two-thirds
vote of the membership of the commission, that is concurred in by the
secretary, when necessary to ensure proper representation by
producers. These boundaries need not coincide with county lines.
SEC. 5. Section 78225 of the Food and
Agricultural Code is amended to read:
78225. (a) There is in the state government the California
Asparagus Commission. The commission shall be composed of 13
members, as follows:
(1) Twelve producers, of which eight shall be from
District 1 and four from District 2, each of whom shall be elected by
and from producers within the respective districts
producers who shall be elected by producers subject to this chapter
as members- at-large .
(2) One member shall be a public member.
(b) The
(2) One public member , who
shall be appointed by the secretary from the nominees
recommended by the commission.
(c)
(b) The secretary and other appropriate individuals, as
determined by the commission, shall be nonvoting ex
officio members of the commission.
(c) The commission may modify the number of producers who serve on
the commission by a two-thirds vote of the members of the commission
present at the meeting at which there is a quorum when the action is
taken and is concurred in by the secretary, so long as proper notice
is provided to all persons subject to this chapter prior to the
action.
SEC. 6. Section 78225.5 of the Food and
Agricultural Code is amended to read:
78225.5. (a) Producers who in counties
that are not subject to this chapter on the date it
becomes operative pursuant to Article 5
(commencing with Section 78270) may petition the commission
to establish an additional district that includes all of
the counties which are not in District 1 or District 2
be subject to this chapter . If the petition is approved by a
two-thirds vote of the members of the commission, the
secretary shall conduct an implementation vote of the producers from
those counties in accordance with Article 5 (commencing with Section
78270).
(b) If the secretary certifies a favorable vote, all producers
from those counties shall be subject to this chapter.
Thereafter, in accordance with procedures established by the
commission, the number of producers serving on the commission from
each district shall be modified, if necessary, to ensure proper
representation of each district. However, the commission shall not be
composed of more than 14 producers.
SEC. 7. Section 78235 of the Food and
Agricultural Code is amended to read:
78235. The term of office of all members and alternate members of
the commission, except ex officio members, is three years commencing
with the first day of December prior to
before the beginning of the marketing year in the year of their
election and until qualified successors are elected. The
terms of office of each member and alternate member of the commission
shall be limited to three consecutive terms.
SEC. 8. Section 78236 of the Food and
Agricultural Code is amended to read:
78236. The commission is hereby declared and created a
corporate body. It may sue and be sued, and may
enter into contracts, adopt a seal, and has all of the
powers of a corporation contracts . Copies of
its proceedings, records, and acts, when authenticated, shall be
prima facie evidence of the truth of all statements therein.
SEC. 9. Section 78276 of the Food and
Agricultural Code is amended to read:
78276. Upon certification of the commission, the secretary shall
contact all producers in each district by mail, or
call meetings of producers in each district , for
the purpose of nominating and electing persons to the commission.
All producers on the secretary's list shall be given written notice
of any election meetings at least 10 days prior to
before the meeting date. To be eligible for election to
the commission, producer nominees shall present to the secretary a
nomination petition with the signatures of at least three eligible
producers from the district from which the nominee is
seeking election .