Amended in Assembly August 18, 2014

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 405, 5915, 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.

(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.

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.

(2) Existing law creates in the department 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 first notifying the committee of the alteration.

(3) Existing 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 first notifying the committee of the additional expenditures.begin delete 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 delete

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

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

P2    1

SECTION 1.  

Section 405 of the Food and Agricultural Code
2 is amended to read:

3

405.  

(a) With the prior approval of the Department of Fish
4and Wildlife and the State Department of Health Care Services,
5the department may reproduce or distribute biological control
6organisms that are not detrimental to the public health and safety
7that are known to be useful in reducing or preventing plant or
8animal damage due to pests or diseases.

9(b) The department shall not engage in the production of
10beneficial organisms when those organisms are available in
11sufficient amounts for purchase from commercial sources.

P3    1

SEC. 2.  

Section 5915 of the Food and Agricultural Code is
2amended to read:

3

5915.  

(a) The powers and duties of the committee are limited
4to activities involving the producers of citrus fruit and residential
5owners of citrus fruit or other host material.

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

7(1) Develop, subject to the approval of the secretary, a statewide
8citrus specific pest and disease work plan that includes, but is not
9limited to, the following:

10(A) Informational programs to educate and train residential
11owners of citrus fruit, local communities, groups, and individuals
12on the prevention of pests, and diseases and their vectors, specific
13to citrus.

14(B) Programs for surveying, detecting, analyzing, and treating
15pests and diseases specific to citrus involving producers of citrus
16fruit and residential owners of citrus fruit and host materials, except
17as provided in Section 5930.

18(2) Submit recommendations to the secretary on, but not limited
19to, the following:

20(A) Annual assessment rate.

21(B) Annual budget.

22(C) Expenditures necessary to implement the statewide work
23plan developed pursuant to this section.

24(D) The amount of fees to be levied, as provided in Section
255919.

26(E) The receipt of money from other sources to pay any
27obligation of the committee and to accomplish the purposes of the
28committee in the manner provided in this article.

29(3) Recommend to the secretary the adoption of regulations
30consistent with the powers and duties of the committee.

31(c) The committee shall not engage in any activity deemed by
32the secretary to be contradictory to any eradication program or
33quarantine implemented to combat citrus specific pests, diseases,
34or related vectors.

35(d) For any program or activity occurring pursuant to this
36section, the department shall be the lead agency, unless an
37agreement is reached between the committee and the secretary to
38authorize another agency within the state or local government to
39act as lead for specific activities.

P4    1(e) Any program or activity submitted by the committee to, and
2approved by, the secretary pursuant to this section shall not be
3altered without first notifying the committee of the alteration.

4

SEC. 3.  

Section 5918 of the Food and Agricultural Code is
5amended to read:

6

5918.  

(a)  The committee shall reimburse the secretary for all
7reasonable expenditures incurred by the secretary in carrying out
8his or her duties and responsibilities pursuant to this article,
9including the costs of implementing and administering the
10administrative, enforcement, and regulatory recommendations of
11the statewide work plan developed by the committee.

12(b) The secretary shall not seek reimbursement for costs that
13exceed expenditures developed by the committee without first
14 notifying the committee of the additional expenditures.

begin delete

15(c) Notwithstanding Article 2 (commencing with Section 11270)
16of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government
17Code, relating to general administrative costs, the Citrus Disease
18Management Account created in Section 5913 shall be assessed
19no more than three hundred fifty thousand dollars ($350,000) for
20administrative services from other state agencies, except costs for
21services rendered pursuant to specific contracts entered into with
22other state agencies.

end delete


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