BILL ANALYSIS Ó
SB 1399
Page 1
SENATE THIRD READING
SB 1399 (Galgiani)
As Amended March 26, 2014
Majority vote
SENATE VOTE :35-0
AGRICULTURE 7-0 APPROPRIATIONS 17-0
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|Ayes:|Eggman, Olsen, Dahle, |Ayes:|Gatto, Bigelow, |
| |Pan, Quirk, Salas, Yamada | |Bocanegra, Bradford, Ian |
| | | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Lowenthal |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Extends the dates the California Seed Law (CSL) will
become inoperable to July 1, 2019, and changes the methodology
for county subventions. Specifically, this bill :
1)Extends from July 1, 2016, to July 1, 2019, the inoperative
dates, and from January 1, 2017, to January 1, 2020, the
repeal dates of an optional county subvention program for
enforcement activities, and other provisions of CSL.
2)Repeals the formula used to calculate the reimbursement of
subvention funds to county agricultural commissioners (CACs)
for work performed enforcing the CSL.
3)Authorizes the Secretary of the California Department of Food
and Agriculture (CDFA), in consultation with the Seed Advisory
Board (board), to determine the subvention fund distribution
formula.
4)Repeals the annual calculation for reimbursement for seed
activities between CACs and CDFA, conforming to 2) above.
EXISTING LAW provides for an optional CSL subvention program
under which a county may enter into a cooperative agreement with
SB 1399
Page 2
CDFA to receive an annual apportionment of funds for maintaining
a statewide compliance level on all seed within the county; a
county with no registered seed labelers may annually receive
$100, at the discretion of CDFA and upon recommendation of the
board; and, a county with registered seed labeler operations may
annually receive a subvention based on enforcement activity
generated by the registered seed labeler operations within the
county, and upon the performance of enforcement activities in
accordance with specified methodology for calculating
apportionments based on units of activity. Existing law becomes
inoperative on July 1, 2016, except as specified, and repeals
those provisions on January 1, 2017.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, insignificant costs to the CDFA; and, CDFA's Seed
Services Program has a current annual budget of $120,000 and is
funded through industry assessments and registration fees.
COMMENTS : According to the author, extension of the inoperative
dates or sunsets will permit the continued allocation of
industry-derived subvention funds to various counties for the
enforcement of the CSL. These payments provide CACs, on behalf
of CDFA, the ability to perform local seed inspection and
enforcement services to ensure that seed sold in California is
properly and accurately identified on the product label.
Without this subvention, it is unlikely that the CSL would be
enforced in as cost-effective manner.
This bill will address the question of whether the formula used
to pay subvention funds to CACs should be updated to more
accurately distribute the $120,000 among counties, or if this
amount should be increased, by allowing CDFA, in consultation
with the board, greater flexibility and discretion in
determining the subvention distribution formula.
The seed industry and CACs have been in discussion for several
years on updating the distribution formula, including whether
the total monies available for subvention should be increased.
These discussions are ongoing and should be addressed at future
board meetings.
Prior legislation: SB 348 (Galgiani), Chapter 385, Statutes of
2013, extended to January 1, 2017, the operation of provisions
of CSL, including a subvention program.
SB 1399
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AB 1255 (Tom Berryhill), Chapter 281, Statutes of 2009, extended
to January 1, 2015, the operation of provisions of CSL,
including a subvention program.
AB 856 (Galgiani), Chapter 425, Statutes of 2008, extended to
January 1, 2010, the operation of provisions of CSL, including a
subvention program, and provided that the minimum $100
subvention may not be allocated to counties without registered
seed labelers.
AB 315 (Salinas), Chapter 394, Statutes of 2003, required CDFA
to pay a total annual subvention to counties of $120,000, and
extended to July 1, 2009, the operation of provisions in CSL.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084
FN: 0004438