BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2470|
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THIRD READING
Bill No: AB 2470
Author: Salas (D)
Amended: 6/11/14 in Senate
Vote: 21
SENATE AGRICULTURE COMMITTEE : 5-0, 6/17/14
AYES: Galgiani, Cannella, Berryhill, Lieu, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/8/14 (Consent) - See last page for vote
SUBJECT : California Seed Law
SOURCE : Author
DIGEST : This bill defines "neighbor" and adds "corporation"
to the definition of "person" within the California Seed Law and
prohibits the adoption or enforcement of a local ordinance that
regulates plants, crops, or seeds without the consent of the
Secretary of the Department of Food and Agriculture (DFA).
ANALYSIS :
Existing law:
1. Enacted the California Seed Law in 1967 to ensure that
agricultural and vegetable seed is properly and accurately
identified on the product label. Seed is analyzed through
the Seed Services program administered by DFA. The
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California Seed Law is locally enforced by county
agricultural commissioners who enter into cooperative
agreements with the Secretary of DFA and agree to maintain a
statewide compliance level on all seed sold in the county.
In return, county agricultural commissioners receive annual
subvention payments for expenses incurred in association with
approved enforcement work plans.
2. Provides that funding for this program is entirely supported
through industry seed assessments and registration fees and
is administered by DFA. Every labeler of agricultural or
vegetable seed offered for sale in California or any person
who sells that seed in this state must annually register as a
seed labeler and pay an annual fee of $40. In addition,
those who are registered seed labelers must also pay an
assessment capped at 40 cents per $100 gross annual dollar
volume sales. The Secretary of DFA shall determine the rate
of assessment, not to exceed the DFA's cost of carrying out
these provisions.
3. Authorizes the Secretary of DFA to maintain a list of plants
and crops that are or may be grown from seed in this state as
well as a list of noxious weed seeds or other weeds
detrimental to agriculture.
This bill:
1.Adds "corporation" to the definition of "person" within the
California Seed Law.
2.Defines "neighbor" to mean a person who lives in close
proximity, not to exceed three miles, to another.
3.Authorizes the Secretary of DFA to maintain a list of the
plants and crops that are or may be grown in this state, not
just plants and crops grown from seed.
4.Prohibits a city, county, or district from adopting or
enforcing an ordinance after January 1, 2015, that regulates
plants, crops, or seeds without the consent of the Secretary
of DFA.
5.Makes technical changes.
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Comments .
This bill prohibits a city, county, or district from adopting or
enforcing an ordinance that regulates plants, crops, or seeds
without the consent of the Secretary of DFA. The request for
this preemption arose from a proposed "Policy for Invasive
Plants" drafted by the City of Encinitas that is currently out
for public review. Once enacted, this proposal establishes an
invasive plant policy that includes prevention, control,
management, restoration, education, and public awareness.
Specifically, this policy prohibits specified invasive plants
from being used on city property, public rights-of-way, and on
discretionary projects subject to the California Environmental
Quality Act, design review permits, and/or provisions of the
city's water efficiency landscape regulations.
Those in objection to the proposed Encinitas policy state that
there is an existing statewide model (PlantRight) that is
successful in helping horticulturalists phase out invasive
plants within the supply chain. Furthermore, the Secretary of
DFA has the expertise and authority to regulate what plants are
grown in California, and this bill strengthens the Secretary's
authority while maintaining local authority for existing
ordinances.
According to the author's office, this bill updates and
clarifies the California Seed Law to address three issues
identified by the California Seed Association and the California
Seed Advisory Board that require updates or clarification for
the California Seed Law to properly cover existing industry
practices.
Related legislation :
SB 348 (Galgiani, Chapter 385, Statutes of 2013) extends to
January 1, 2017, the operation of provisions of the California
Seed Law, including a subvention program.
SB 1187 (Rubio of 2012) would have added "corporation" to the
definition of "person" within the California Seed Law and would
have defined "neighbor" to mean a person living within three
miles of another. Died on the Assembly Floor on the Inactive
File.
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AB 1255 (T. Berryhill, Chapter 281, Statutes of 2009) extends to
January 1, 2015, the operation of provisions of the California
Seed Law, including a subvention program.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/2/14)
California Association of Nurseries and Garden Centers
California Seed Association
California State Floral Association
ASSEMBLY FLOOR : 73-0, 5/8/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Eggman, Gorell, Gray, Hall, Mansoor, V.
Manuel Pérez, Vacancy
JL:d 7/2/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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