California Legislature—2013–14 Regular Session

Assembly Bill No. 1642

Introduced by Assembly Member Chesbro

(Coauthors: Assembly Members Achadjian, Ammiano, Bigelow, Buchanan, Eggman, Levine, Olsen, Wieckowski, Williams, and Yamada)

(Coauthors: Senators Evans, Galgiani, Huff, Torres, Vidak, Walters, and Wolk)

February 11, 2014

An act to amend Sections 6045, 6046, 6047.7, 6047.9, 6047.19, 6047.20, 6047.21, 6047.27, and 6047.29 of the Food and Agricultural Code, relating to pest control, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1642, as introduced, Chesbro. Pest control: Pierce’s disease.

Existing law establishes the Pierce’s Disease Control Program in the Department of Food and Agriculture, and the Pierce’s Disease Management Account in the Food and Agriculture Fund. Existing law allows money in this account to be expended as specified to combat Pierce’s disease and its vectors, including the glassy-winged sharpshooter, and for purposes relating to other designated pests and diseases, as provided. Existing law makes these provisions inoperative on March 1, 2016, and repeals them on January 1, 2017.

This bill would extend to March 1, 2021, the date on which the above provisions become inoperative, and would repeal those provisions on January 1, 2022.

Existing law creates in the department the Pierce’s Disease and Glassy-winged Sharpshooter Board, which consists of specified members, and prescribes the functions and duties of the board with respect to implementation of the Pierce’s disease program. Existing law provides for an annual assessment to be paid by grape processors, as defined, into the Food and Agriculture Fund for the purposes of, among other things, research and other activities related to the Pierce’s disease program. Existing law repeals these provisions on March 1, 2016.

This bill would extend the repeal date of these provisions to March 1, 2021, and would make related conforming changes. Because assessments collected pursuant to these provisions are deposited into the Food and Agriculture Fund, a continuously appropriated fund, by extending the date until which the assessments are collected, 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.  

Section 6045 of the Food and Agricultural Code
is amended to read:

6045.  

(a) The Legislature begin delete hereby end delete finds and declares that the
plant killing bacterium, Xyella Fastidiosa and the resulting
pathogen, Pierce’s disease, and its vectors present a clear and
present danger to California’s begin delete fifty billion dollar end delete begin insert 60-billion-dollar end insert
grape industry, as well as to many other commodities and plant
life.

(b) There exists an ongoing need for at least fifteen million
dollars ($15,000,000) annually in research and programs to combat
Pierce’s disease and its vectors in California.

SEC. 2.  

Section 6046 of the Food and Agricultural Code is
amended to read:

6046.  

(a) There is hereby created in the department the Pierce’s
Disease Control Program.

(b) The Governor shall appoint a statewide coordinator, and the
secretary shall provide an appropriate level of support staffing and
logistical support for combating Pierce’s disease and its vectors.

(c) (1) There is hereby created the Pierce’s Disease Management
Account in the Food and Agriculture Fund.

(2) The account shall consist of money transferred from the
General Fund and money made available from federal, industry,
and other sources. Money made available from federal, industry,
and other sources shall be available for expenditure without regard
to fiscal year for the purpose of combating Pierce’s disease or its
vectors and for the purpose described in Section 6047.30. State
general funds to be utilized for research shall be expended only
when the secretary has received commitments from nonstate
sources for at least a 25-percent match for each state dollar to be
expended.

(d) The funds appropriated pursuant to this section to the Food
and Agriculture Fund for the purpose of combating Pierce’s disease
and its vectors shall be used for costs that are incurred by the state
or by local entities during and subsequent to the fiscal year of the
act that added this section for the purpose of research and other
efforts to combat Pierce’s disease and its vectors.

(e) Whenever, in any county, funds are allocated by the
department for local assistance regarding Pierce’s disease and its
vectors, those funds shall be made available to a local public entity,
or local public entities, designated by that county’s board of
supervisors.

(f) Funds appropriated for local assistance shall not be allocated
to the local public entity until the local public entity creates a
Pierce’s disease work plan that is approved by the department.
Any funds allocated by the department to a designated local public
entity shall be utilized for activities consistent with the local
Pierce’s disease work plan or other programs or work plans
approved by the department. It shall be the responsibility of the
designated local public entity to develop and implement the local
Pierce’s disease work plan. Upon request, the department shall
provide consultation to the local public entity regarding its work
plan.

(g) The work plan created by the designated local public entity
shall include, but is not limited to, all of the following:

(1) In coordination with the department, the development and
delivery of producer outreach information and training to local
communities, groups, and individuals to organize their involvement
with the work plan and to raise awareness regarding Pierce’s
disease and its vectors.

(2) In coordination with the department, the development and
delivery of ongoing training of the designated local public entity’s
employees in the biology, survey, and treatment of Pierce’s disease
and its vectors.

(3) The identification within the designated local public entity
of a local Pierce’s disease coordinator.

(4) The proposed treatment of Pierce’s disease and its vectors.
Treatment programs shall comply with all applicable laws and
regulations and shall be conducted in an environmentally
responsible manner.

(5) In coordination with the department, the development and
implementation of a data collection system to track and report new
infestations of Pierce’s disease and its vectors in a manner
respectful of property and other rights of those affected.

(6) On an annual basis, while funds appropriated by this section
are available for encumbrance, the department shall review the
progress of each local public entity’s activities regarding Pierce’s
disease and its vectors and, as needed, make recommendations
regarding those activities to the local public entity.

begin delete

(h) Notwithstanding Section 7550.5 of the Government Code,
the

end delete

begin insert (h) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert The end insert department shall report to the Legislature begin delete on January
1, 2001, and end delete each January 1 while this section is operative,
regarding its expenditures, progress, and ongoing priorities in
combating Pierce’s disease and its vectors in California.

begin insert

(2) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government
Code.

end insert

(i) This article shall become inoperative on March 1, begin delete 2016 end delete begin insert 2021 end insert ,
and as of January 1, begin delete 2017 end delete begin insert 2022 end insert , is repealed, unless a later enacted
statute that is enacted before January 1, begin delete 2017 end delete begin insert 2022 end insert , deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 3.  

Section 6047.7 of the Food and Agricultural Code is
amended to read:

6047.7.  

(a) During the first marketing season, beginning July
1, 2001, and ending June 30, 2002, the annual assessment shall be
three dollars ($3) for each one thousand dollars ($1,000) assessed
pursuant to Section 6047.9 for all grapes subject to assessment
under this article. The department shall notify each processor of
the established assessment as soon as practicable. For each
marketing season thereafter, the following shall apply:

(1) An annual assessment shall be recommended by the board
and submitted to the begin delete department end delete begin insert secretary end insert for approval in an
amount not to exceed three dollars ($3) for each one thousand
dollars ($1,000) assessed pursuant to Section 6047.9 for all grapes
subject to assessment under this article.

(2) The department shall notify each processor of the established
assessment rate by July 15, or as soon thereafter as possible.

(b) In no event shall there be an assessment on the following:

(1) Material other than grapes, and defects, or other weight
adjustments deducted from the gross weight ticket.

(2) Any raisin-distilling material.

(3) Grapes for which an assessment has been withheld, paid, or
is already owed.

SEC. 4.  

Section 6047.9 of the Food and Agricultural Code is
amended to read:

6047.9.  

(a) For purposes of calculating the amount to be
collected by the processor for purchased grapes, the assessment
shall be based on the gross dollar value of the grapes, which is the
gross dollar amount payable for the grapes before any deductions
for governmental assessments and fees.

(b) For purposes of calculating the assessment for grapes not
purchased, the assessment shall be based on the following:

(1) The tonnage of grapes delivered less material other than
grapes and defects or other weight adjustments deducted from
gross weight.

(2) The weighted average price per ton delivered basis purchased
from all nonrelated sources for wine, concentrate, juice, begin insert wine end insert
vinegar, and beverage brandy by processors, by type, variety and
reporting district where grown for the grapes delivered, sources
as reported by the secretary pursuant to Section 55601.5 for the
immediately preceding marketing season.

SEC. 5.  

Section 6047.19 of the Food and Agricultural Code is
amended to read:

6047.19.  

(a) On or before December 31st of every other year,
the secretary, after consultation with the board, shall report on the
status of this article to the chairs of the policy and fiscal committees
that have the appropriate subject matter jurisdiction in the
Assembly and the Senate.

(b) The report shall include a financial accounting, including
the distribution of industry assessments and any unexpended
amount on deposit, of the department’s efforts to contain Pierce’s
disease and its vectors.

(c) This article shall remain in effect only until March 1, begin delete 2016 end delete
begin insert 2021 end insert , and as of that date is repealed, unless a later enacted statute,
that is enacted before March 1, begin delete 2016 end delete begin insert 2021 end insert , deletes or extends that
date.

SEC. 6.  

Section 6047.20 of the Food and Agricultural Code is
amended to read:

6047.20.  

This article shall become inoperative, as of March 1,
begin delete 2011 end delete begin insert 2016 end insert , unless the secretary finds, in a referendum conducted
by him or her, or a person designated by him or her, subsequent
to the operative date of the amendments to this section adopted in
begin delete 2009 end delete begin insert 2014 end insert , that a favorable vote has been given pursuant to this
article.

SEC. 7.  

Section 6047.21 of the Food and Agricultural Code is
amended to read:

6047.21.  

(a) No later than April 15, begin delete 2010 end delete begin insert 2015 end insert , the secretary
shall establish a list of those persons eligible to vote on the
continued implementation of this article.

(b) Eligibility shall be limited to the producers, processors, and
persons who paid the assessment on grapes crushed in the
immediately preceding season.

(c) (1) In establishing the list, the secretary may require
processors, producers, and others to submit the names, mailing
addresses, and assessment values of all producers who paid the
assessment on grapes crushed in the immediately preceding
marketing season.

(2) The information required by the secretary shall be filed either
with the annual assessment report or no later than 30 days
following receipt of a written notice from the secretary requesting
the information.

(d) Any producer whose name does not appear on the secretary’s
list may have his or her name added to the list by filing with the
secretary a signed statement identifying himself or herself as a
producer that paid an assessment during the most recent marketing
season.

SEC. 8.  

Section 6047.27 of the Food and Agricultural Code is
amended to read:

6047.27.  

(a) If the secretary finds that a favorable vote as
provided in this article has not been given subsequent to the
operative date of the amendments to this section adopted in begin delete 2009 end delete
begin insert 2014 end insert , this article shall become inoperative as of March 1, begin delete 2011 end delete
begin insert 2016 end insert .

(b) If the secretary finds that a favorable vote has been given
as provided in this article, he or she shall certify and give notice
of the favorable vote to all persons whose names and addresses
may be on file with the secretary as provided in Section 6047.21.

SEC. 9.  

Section 6047.29 of the Food and Agricultural Code is
amended to read:

6047.29.  

(a) The secretary shall appoint an advisory task force
consisting of scientific experts, including, but not limited to,
university researchers and agricultural representatives, for the
purpose of advising the secretary on the control and management
of Pierce’s disease.

(b) Members of the advisory task force, or alternate members
when acting as members, may be reimbursed, upon request, for
necessary expenses incurred by them in the performance of their
duties.

(c) Notwithstanding Sections 6047.20 and 6047.27, this section
shall remain in effect until March 1, begin delete 2016 end delete begin insert 2021 end insert , and as of that date
is repealed, unless a later enacted statute, that is enacted before
March 1, begin delete 2016 end delete begin insert 2021 end insert , deletes or extends that date.