BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair SB 1018 (de León) - Pest Control: Citrus Disease Prevention: Expenditure Reimbursement Amended: March 26, 2014 Policy Vote: Agriculture 5-0 Urgency: No Mandate: No Hearing Date: April 28, 2014 Consultant: Robert Ingenito This bill may meet the criteria for referral to the Suspense File. Bill Summary: SB 1018 would specify that only reasonable, rather than all, expenditures incurred by the California Department of Food and Agriculture (CDFA) be reimbursed from the Citrus Disease Management Account for responsibilities related to the Citrus Pest and Disease Prevention Program. This bill would require the Secretary of CDFA to obtain approval from the California Citrus Pest and Disease Prevention Committee (Committee) for any changes to program activities or increases in expenditures. Fiscal Impact: The fiscal effect of this bill is uncertain; it would be determined by whether or not a citrus pest and the disease it carries spread from other countries and southern states (especially Florida) to California agriculture. If the disease does not become established in California, the bill's costs would be minimal. Conversely, if the disease becomes prevalent in the State's citrus groves, the bill's fiscal impact is unknown, but likely significant (See Staff Comments). Background: California's citrus industry is valued at roughly $2 billion annually. The State reportedly produces 80 percent of the nation's fresh citrus on 270,000 acres, and directly employs in excess of 14,000 people. Huanglongbing (HLB), also known as citrus greening disease, is a bacterial plant disease that, while not harmful to humans or animals, is fatal for citrus trees. The disease kills the tree's entire root and branch system and doesn't allow fruit to grow beyond the green stage. The scarred fruit usually falls off the tree and rots on the ground before it can be harvested. Thus, SB 1018 (de León) Page 1 the disease destroys citrus trees' production, appearance and economic value. HLB is spread by the Asian citrus psyllid (ACP), a tiny, invasive insect that feeds on the leaves and stems of citrus trees and causes shoot deformation and plant stunting. When an ACP feeds on an HLB-infected tree, it can pick up the bacterium that causes the disease. Once infected, a psyllid carries the disease-causing bacteria for life and can transfer HLB when feeding on other citrus trees. HLB is the most devastating disease of citrus in the world, affecting citrus in Asia, Africa, Brazil, Central America, as well as the United States (especially Florida). Currently there is no cure. Infected plants must be removed and destroyed in order to prevent further spread of HLB. After a 2005 discovery in Florida, it took only two years for HLB to transmit to all 32 Florida citrus-producing counties and infect over half of the citrus trees in that state. Studies conclude that HLB-related economic damage in Florida has resulted in a loss of $4.5 billion and 8,200 jobs over the last five years. Additionally, HLB has since been detected in several other Southern states. In 2008, ACP was first identified in California and has spread to several southern California counties. In March 2012, HLB was detected in a multi-grafted citrus tree in a residential portion of Los Angeles County. The tree was destroyed, and the disease has not been detected in California since. Current law establishes the Committee within CDFA to advise it on efforts to prevent and manage citrus pests and diseases. An assessment is levied on citrus producers and deposited into the Citrus Disease Management Account for the sole purpose of combating citrus-specific pests and diseases. This account may also contain funds from federal and other non-General Fund sources. The current assessment rate is 8 cents per 40 pound carton, which amounts to $16 million annually and represents roughly two-thirds of the total budget for this program. Under current law, the Committee develops, under the approval of the Secretary of CDFA, a statewide citrus-specific pest and disease work plan and recommends an annual assessment rate and SB 1018 (de León) Page 2 budget. The Committee reimburses CDFA for all expenditures incurred in carrying out, implementing, and administering the statewide work plan. Proposed Law: This bill (1) would specify that only reasonable (rather than all) expenditures incurred by CDFA in carrying out responsibilities pursuant to the Citrus Pest and Disease Prevention Program be reimbursed by the Committee, (2) require the Secretary of CDFA to obtain approval from the Committee before making any changes to program activities, and (3) requires the Secretary of CDFA to obtain approval from the Committee before seeking reimbursement for additional expenditures not previously developed by the Committee. The term "reasonable" is not defined in the bill. Related Legislation: AB 571 (Gatto). Vetoed, 2013. This bill would have appropriated $5 million from the General Fund to the Citrus Disease Management Account within the California Department of Food and Agriculture Fund for the purposes of combating citrus disease or its vectors. AB 281 (De León) Chapter 426, Statutes of 2009. Establishes the California Citrus Pest and Disease Prevention Committee and the Citrus Disease Management Account within CDFA to prevent and manage citrus pests and diseases. The Account shall consist of money from industry assessment fees but may also include federal and other non-General Fund sources. Staff Comments: Under the bill, CDFA's authority to approve immediate eradication efforts in response to a detection of HLB would be curtailed. The bill would instead require CDFA to seek the Committee's authority before altering current work plan activities. Costs would result under scenarios in which the presence of HLB and the size of the area affected exceed what is envisioned in the developed work plan. Specifically, to make a request of the Committee to alter the work plan, CDFA would need to conduct an emergency meeting. Under current law related to open meetings, this process would take a minimum of 10 calendar days before approval of additional activities can begin. This expanded window to act during an SB 1018 (de León) Page 3 emergency will allow the threat to spread and increase the costs for containment. These additional costs are unknown, and would depend upon the extent of the spread of HLB. Additionally, delayed response during an emergency would result a decrease in citrus crop production. Consequently, the amount of revenue assessed and deposited into the Food and Agriculture Fund would decline.