BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1389|
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THIRD READING
Bill No: AB 1389
Author: Assembly Agriculture Committee
Amended: 6/10/13 in Senate
Vote: 21
SENATE AGRICULTURE COMMITTEE : 4-0, 7/2/13
AYES: Galgiani, Cannella, Berryhill, Wolk
NO VOTE RECORDED: Lieu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/23/13 (Consent) - See last page for
vote
SUBJECT : Agriculture
SOURCE : Author
DIGEST : This bill amends the number of members appointed to
the Shell Egg Advisory Committee (SEAC) and allows for the San
Joaquin Valley Quality Cotton District (District) to become
inoperative, as specified. This bill also amends the California
Asparagus Commission (CAC) to remove the use of geographical
districts, consecutive term limits for members, and deletes
provisions allowing the CAC to function as a corporation.
ANALYSIS : SEAC was established in 1972 to advise the
Secretary of the Department of Food and Agriculture (DFA) on
matters pertaining to standards for shell eggs including
quality, sampling, inspection, fees, and enforcement of all
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AB 1389
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related laws and regulations. In 2002, AB 2981 (Assembly
Agriculture Committee, Chapter 535, Statutes of 2002) amended
the duties of the SEAC to include components of the Egg Quality
Assurance Plan, a voluntary, industry-driven food safety program
developed in cooperation with DFA, United States Department of
Agriculture, University of California Cooperative Extension and
several other state and federal government entities.
The District (formerly known as the One-Variety Cotton District)
was established in 1926 to promote, encourage, aid, and protect
the planting and growing of high-quality cotton in the state of
California. Only two varieties of cotton may be grown, Pima and
Acala, to avoid cross-pollination in the field that could
degrade the quality of cotton grown in the district. The
District consists of Fresno, Madera, Merced, Kern, Kings, and
Tulare counties. DFA and county agricultural commissioners are
responsible for enforcement of these provisions and related
regulations, which are funded by industry assessment fees.
Marketing programs provides for the creation of marketing
programs within the California Food and Agriculture Code,
Division 22. The Legislature "finds and declares that the
agricultural and seafood industries are vitally important
elements of the state's economy and are supported by state
established commissions and councils specified in this division
that are mandated to enhance and preserve the economic interests
of the State of California."
There are currently 16 active commissions in California, all of
which are governed by boards of directors and overseen by the
DFA. These commissions were created to enhance their industries
by investing in promotion, advertising, education, marketing
research, scientific research, and the creation and regulation
of quality standards.
The CAC was established in 1991 to engage in the production and
marketing of asparagus in California through advertising,
promotion, and research. The CAC is divided into two districts
which separate northern and southern counties to ensure proper
representation by producers when electing commission members.
An assessment fee is collected from growers to fund operating
and enforcement costs of these provisions.
This bill:
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AB 1389
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1. Increases to 10 the number of appointed members of the SEAC.
Eight members shall be representatives of the egg industry,
one nonvoting member from the California Agricultural
Commissioners and Sealers Association, and one shall be a
public member.
2. Adds provisions to allow the District to become inoperative,
on or after January 1, 2014, unless a resolution is approved
or the Secretary of DFA receives a petition from members of
the cotton industry and determines that continued operation
of specified provisions of this chapter is in the best
interest of the industry and the state.
3. Authorizes the Secretary to establish a cotton advisory
committee. The committee shall be composed of cotton
growers, handlers, and representatives of cotton ginning
organizations.
4. Provides that the Secretary shall not be required to
administer any provision of this chapter unless sufficient
funds generated for purposes of this chapter are available.
5. Removes the use of "districts" within the CAC and allows the
CAC to reduce the number of producers who serve on CAC with a
two-thirds vote.
6. Removes the limit on consecutive terms for CAC members.
7. Deletes provisions allowing CAC to function as a corporate
body.
8. Makes technical and conforming changes.
Prior Legislation
AB 2981 (Assembly Agriculture Committee, Chapter 535, Statutes
of 2002) allows the SEAC to advise the Secretary of DFA on
components of the Egg Quality Assurance Plan.
SB 565 (Florez, Chapter 236, Statutes of 2003) increases the
maximum assessment fee on cottonseed delinted for planting
purposes from $4 to $6 per hundredweight. These funds are used
to support the activities of the District.
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AB 1913 (Fuller, Chapter 189, Statutes of 2008) reduces the
number of board members for the District, defines cotton
growers, and makes other technical and conforming changes.
AB 3099 (Waters, Chapter 1058, Statutes of 1990) creates the CAC
with prescribed membership, powers, duties, and responsibilities
of the commission. Authorizes the CAC to engage in development,
maintenance, and expansion of markets, marketing research,
advertising, promotion, and research relating to asparagus.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/9/13)
California Asparagus Commission
California Cotton Ginners Association
California Cotton Growers Association
Pacific Egg and Poultry Association
ARGUMENTS IN SUPPORT : According to the author, "Cotton
acreage over the last 20 years has dropped from over 1.1 million
acres to less than 200,000 acres. With less acreage, the
potential for cross contamination has been reduced and the need
for the District statutes lessened? Due to prudent budgeting and
reserves, the District has sufficient funds to operate at this
reduced acreage level for several years. Therefore, making the
statute inoperative should not create problems in the District
while reducing the financial burden on cotton producers."
In regards to the Shell Egg Advisory Committee, the author
states that this bill would "increase the number of industry
members from six to eight, with the goal to represent facets of
the industry not currently represented such as out of state egg
handlers and egg product producers."
ASSEMBLY FLOOR : 74-0, 5/23/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
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AB 1389
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Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John
A. Pérez
NO VOTE RECORDED: Grove, Holden, Jones, Waldron, Vacancy,
Vacancy
JL:k 8/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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