Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1363


Introduced by Assembly Member Salas

February 27, 2015


An act to amendbegin delete Section 411end deletebegin insert Sections 17001.5 and 17002end insert of the Food and Agricultural Code, relating to begin deletefood and agricultureend deletebegin insert animalsend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1363, as amended, Salas. begin deleteFood and agriculture: production forecasts. end deletebegin insertAnimals: estrays: livestock animals.end insert

begin insert

Existing law prescribes requirements for the seizure, management, and care of estrays. Existing law, for purposes of those provisions, defines “estray” to mean any impounded or seized bovine animal, horse, mule, sheep, swine, or burro whose owner is unknown or cannot be located. Existing law requires that any animal that is seized by, or comes into the possession of, an inspector pursuant to those provisions, be disposed of in accordance with specified requirements. Existing law makes it a misdemeanor to violate specified provisions in the Food and Agricultural Code governing the care and treatment of animals, including estrays.

end insert
begin insert

This bill would additionally include any other livestock animal within that definition of “estray,” and would instead require that any animal that is seized by, or comes into the possession of, an inspector pursuant to those provisions be managed in accordance with specified requirements. The inclusion of other livestock animals within the definition of “estray” would expand the definition of a crime, thereby imposing a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law establishes the Department of Food and Agriculture and vests with the department various duties and obligations related to regulation of the agricultural industry of the state. Existing law requires the department to supply the Department of Water Resources with a specified forecast that estimates the amount of production of food, fiber, livestock, and other farm products, as specified.

end delete
begin delete

This bill would make nonsubstantive changes in the provisions relating to that forecast.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 17001.5 of the end insertbegin insertFood and Agricultural
2Code
end insert
begin insert is amended to read:end insert

3

17001.5.  

For the purpose of this chapter, “estray” means any
4impounded or seized bovine animal, horse, mule, sheep, swine,begin delete orend delete
5 burrobegin insert, or other livestock animalend insert whose owner is unknown or cannot
6be located.

7begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 17002 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
8amended to read:end insert

9

17002.  

Any animalbegin delete whichend deletebegin insert thatend insert is seized by, or comes into the
10possession of, an inspector pursuant to this part shall bebegin delete disposed
11ofend delete
begin insert managedend insert pursuant to this chapter.

12begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.

end insert
begin delete
P3    1

SECTION 1.  

Section 411 of the Food and Agricultural Code is
2amended to read:

3

411.  

(a) The Department of Food and Agriculture shall supply
4the Department of Water Resources with a forecast that estimates
5the amount of production of food, fiber, livestock, and other farm
6products.

7(b) As part of the forecast, the Department of Food and
8Agriculture’s assumptions shall be based upon 20-year estimates
9that include, but are not limited to, the following data:

10(1) Land use conversion rates and the amount of land that is
11available for agricultural production.

12(2) The growing need for food, fiber, livestock and other farm
13products as the state’s and the nation’s populations grow.

14(3) Implementation of irrigation technology and other on-farm
15water conservation measures.

16(4) Advances in crop yields and production techniques.

17(5) Alternate uses of crops.

18(c) Department of Food and Agriculture shall include an
19additional table in the forecast that estimates the agricultural water
20needs based upon food security considerations that include, at a
21minimum, all of the following:

22(1) Population growth estimates.

23(2) Production of farm products sufficient to feed the state’s
24population, as well as continue to provide at least 25 percent of
25the nation’s table food.

26(3) Production necessary to meet the growth in export markets.

27(d) To the extent feasible, the Department of Food and
28Agriculture may cooperate with the Department of Finance, the
29University of California, and other institutions and organizations
30in obtaining information for the forecasts.

31(e) The Department of Food and Agriculture shall furnish the
32forecast to the Department of Water Resources for estimating
33related water usage, as well as to the Chairs of the Assembly
34Committee on Agriculture, the Assembly Committee on Water,
35Parks, and Wildlife, and the Senate Committee on Agriculture and
36Water Resources. The Department of Water Resources shall include
37this information in Bulletin 160.

end delete


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