Amended in Assembly June 30, 2014

Amended in Senate March 26, 2014

Senate BillNo. 1018


Introduced by Senator De León

February 14, 2014


An act to amend Sections begin insert405, end insert5915begin insert,end insert and 5918 of the Food and Agricultural Code, relating to pest control.

LEGISLATIVE COUNSEL’S DIGEST

SB 1018, as amended, De León. Pest control: citrus disease prevention.

begin insert

(1) Existing law authorizes the Department of Food and Agriculture, with the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, to reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. Existing law prohibits the department from engaging in the production of beneficial organisms when those organisms are available for purchase from commercial sources.

end insert
begin insert

This bill would instead prohibit the department from engaging in the production of beneficial organisms when those organisms are available in sufficient amounts for purchase from commercial sources.

end insert
begin delete

Existing

end delete

begin insert (2)end insertbegin insertend insertbegin insertExistingend insert law creates in thebegin delete Department of Food and Agricultureend deletebegin insert departmentend insert the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years. Under existing law, the committee is required to develop and make recommendations to the Secretary of Food and Agriculture on all matters regarding the implementation of the citrus pest and disease prevention program.

This bill would prohibit the secretary from altering any citrus pest and disease prevention program or activity submitted by the committee to, and approved by, the secretary without firstbegin delete obtaining approval for the alteration from the committeeend deletebegin insert end insertbegin insertnotifying the committee of the alterationend insert.

begin delete

Existing

end delete

begin insert (3)end insertbegin insertend insertbegin insertExistingend insert law requires the committee to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee.

This bill would require that all expenditures be reasonable and would prohibit the secretary from seeking reimbursement for costs that exceed expenditures developed by the committee without firstbegin delete obtaining approval for the additional expenditures from the committeeend deletebegin insert notifying the committee of the additional expendituresend insert.begin insert The bill would also provide that the Citrus Disease Management Account shall not be assessed more than $350,000 for administrative services from other state agencies, except as specified.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION end insertbegin insert1end insertbegin insert.end insert  

end insert

begin insertSection 405 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is amended to read:end insert

3

405.  

(a) With the prior approval of the Department of Fish
4andbegin delete Gameend deletebegin insert Wildlifeend insert and the State Department of Healthbegin insert Careend insert
5 Services, the department may reproduce or distribute biological
6control organisms that are not detrimental to the public health and
7safetybegin delete whichend deletebegin insert thatend insert are known to be useful in reducing or preventing
8 plant or animal damage due to pests or diseases.

P3    1(b) The department shall not engage in the production of
2beneficial organisms whenbegin delete suchend deletebegin insert thoseend insert organisms are availablebegin insert in
3sufficient amounts end insert
for purchase from commercial sources.

4

begin deleteSECTION 1.end delete
5begin insertSEC. 2.end insert  

Section 5915 of the Food and Agricultural Code is
6amended to read:

7

5915.  

(a) The powers and duties of the committee are limited
8to activities involving the producers of citrus fruit and residential
9owners of citrus fruit or other host material.

10(b) The committee may do all of the following:

11(1) Develop, subject to the approval of the secretary, a statewide
12citrus specific pest and disease work plan that includes, but is not
13limited to, the following:

14(A) Informational programs to educate and train residential
15owners of citrus fruit, local communities, groups, and individuals
16on the prevention of pests, and diseases and their vectors, specific
17to citrus.

18(B) Programs for surveying, detecting, analyzing, and treating
19pests and diseases specific to citrus involving producers of citrus
20fruit and residential owners of citrus fruit and host materials, except
21as provided in Section 5930.

22(2) Submit recommendations to the secretary on, but not limited
23to, the following:

24(A) Annual assessment rate.

25(B) Annual budget.

26(C) Expenditures necessary to implement the statewide work
27plan developed pursuant to this section.

28(D) The amount of fees to be levied, as provided in Section
295919.

30(E) The receipt of money from other sources to pay any
31obligation of the committee and to accomplish the purposes of the
32committee in the manner provided in this article.

33(3) Recommend to the secretary the adoption of regulations
34consistent with the powers and duties of the committee.

35(c) The committee shall not engage in any activity deemed by
36the secretary to be contradictory to any eradication program or
37quarantine implemented to combat citrus specific pests, diseases,
38or related vectors.

39(d) For any program or activity occurring pursuant to this
40section, the department shall be the lead agency, unless an
P4    1agreement is reached between the committee and the secretary to
2authorize another agency within the state or local government to
3act as lead for specific activities.

4(e) Any program or activity submitted by the committee to, and
5approved by, the secretary pursuant to this section shall not be
6altered without firstbegin delete obtaining approval for the alteration from the
7committeeend delete
begin insert notifying the committee of the alterationend insert.

8

begin deleteSEC. 2.end delete
9begin insertSEC. 3.end insert  

Section 5918 of the Food and Agricultural Code is
10amended to read:

11

5918.  

(a)begin insertend insert The committee shall reimburse the secretary for all
12reasonable expenditures incurred by the secretary in carrying out
13his or her duties and responsibilities pursuant to this article,
14including the costs of implementing and administering the
15administrative, enforcement, and regulatory recommendations of
16the statewide work plan developed by the committee.

17(b) The secretary shall not seek reimbursement for costs that
18exceed expenditures developed by the committee without first
19begin delete obtaining approval for the additional expenditures from the
20committeeend delete
begin insert notifying the committee of the additional expendituresend insert.

begin insert

21(c) Notwithstanding Article 2 (commencing with Section 11270)
22of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government
23Code, relating to general administrative costs, the Citrus Disease
24Management Account created in Section 5913 shall be assessed
25no more than three hundred fifty thousand dollars ($350,000) for
26administrative services from other state agencies, except costs for
27services rendered pursuant to specific contracts entered into with
28other state agencies.

end insert


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