Amended in Senate August 19, 2016

Amended in Senate June 22, 2016

Amended in Senate June 13, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1976

Introduced by Assembly Members Irwin and Williams

February 16, 2016

An act to amend Sections begin insert 67039, end insert 67051, 67052, 67052.3, 67053, 67054, 67059, 67081, and 67132 of, to add Sections 58853 and 63906 to, and to repeal Section 67051.1 of, the Food and Agricultural Code, relating to food and agriculture.

LEGISLATIVE COUNSEL’S DIGEST

AB 1976, as amended, Irwin. Food and agriculture: marketing advisory and promotional boards, councils, and commissions.

Existing law establishes the California Avocado Commission within the state government, and requires the commission to establish no fewer than 3 districts and no more than 5 districts within the state, each representing approximately the same percentage of avocado production in California. Existing law requires the commission to consist of a specified number of producers who are not handlers, based on the number of districts the commission establishes, 4 handlers who are elected on a statewide basis, one public member, and the Secretary of Food and Agriculture, and requires there to be 2 alternate handler members. Existing law requires a vacancy of a member position on the commission to be filled by the alternate member. Existing law authorizes certain handlers who handle a specified percentage of volume of avocados to appoint one handler member to the commission and the other handlers to nominate and elect the remaining handler members.

This bill would instead require a vacancy of a member position be filled by a majority vote of the commission. The bill would decrease the number of handlers on the commission to 2 members and the number of alternate handler members to one member. The bill would remove the authorization for begin delete the end delete specified handlers to appoint a handler member.

Existing law requires producer members and alternate producer members, at the time of the election, to have a financial interest in producing, or causing to be produced, avocados for market within the district in which the producer stands for election. Existing law prohibits a producer who chooses to stand for election in a particular district from standing for election in any other district for a period of 4 years from the date of his or her most recent election to the commission.

This bill would delete this prohibition on the producer. begin insert The bill would specify that, for these purposes, a producer or grower would not include a person who has an average annual production of less than 10,000 pounds of avocados in the three preceding marketing years. The bill would require that, to be nominated and elected to the commission, a handler or alternate handler handle no less than 1% of the total industry volume of avocados in the preceding marketing year. end insert

Existing law provides that a quorum of the commission is 11 voting members if the commission consists of 3 or 5 districts, and is 10 voting members if the commission consists of 4 districts. Existing law authorizes the commission to recommend to the secretary that the operations of the commission be suspended upon a specified finding of 11 voting members if the commission consists of 3 or 5 districts, or 10 voting members if the commission consists of 4 districts.

This bill would instead provide that a quorum of the commission is 9 voting members if the commission consists of 3 or 4 districts, and is 10 voting members if the commission consists of 5 districts. The bill would make a similar change to the authorization of the commission to recommend begin delete suspension. end delete begin insert suspension of its operations. end insert

Existing law requires the secretary to establish a list of producers in each district and, in establishing the lists, requires handlers to file, within 90 days following receipt of a written request by the secretary, certain information about each producer from whom the handler purchased or handled avocados.

This bill would require handlers to file the information, including the grove location of each producer instead of district numbers, within 60 days.

Existing law, the California Marketing Act of 1937, authorizes the Secretary of Food and Agriculture to issue marketing orders which regulate producer marketing, the processing, distributing, or handling in any manner of any commodity by any and all persons that are engaged in the producer marketing, processing, distributing, or handling of the commodity within this state. The act requires that any marketing order issued pursuant to the act provide for the establishment of an advisory board to assist the secretary in the administration of any marketing order, as prescribed. Existing law also establishes various commissions and councils to advance the interests of the state’s agricultural and seafood industries to provide benefit to the entire industry and all the people of this state.

Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public and all persons be permitted to attend any meeting of a state body. Existing law requires a state body subject to the open meeting requirements of the act that conducts a meeting or proceeding by teleconference to post agendas at all teleconference locations and requires each teleconference location to be accessible to the public. The act also requires the state body to provide an opportunity for members of the public to address the state body directly from any teleconference location.

This bill would begin delete provide that end delete begin insert require that, for end insert a meeting held by teleconference by a marketing order advisory board or an agricultural or seafood industry council or begin delete commission does not require the identification of the location of teleconference participants. end delete begin insert commission, a member of the advisory board, council, or commission participating by teleconference be listed in the minutes of the meeting and would require the member to provide notice of his or her participation by teleconference at least 24 hours before the meeting. The bill would require the advisory board, council, or commission to designate a primary physical meeting location and would require at least one member of the advisory board, council, or commission to be in attendance at the primary physical meeting location. The bill would require the teleconference phone number and other specified information to be included in the agenda and would require the agenda to be open to the public. The bill would require the advisory board, council, or commission to adopt certain teleconferencing guidelines prior to holding a meeting by teleconference. end insert

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds that this bill is necessary
because of the unique circumstances affecting members of entities
authorized in Division 21 (commencing with Section 58001) and
Division 22 (commencing with Section 63901) of the Food and
Agricultural Code as a result of involvement in the production,
processing, or handling of agricultural products.

end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 58853 is added to the Food and Agricultural
Code, to read:

58853.  

begin insert (a) end insert begin insert   end insert Notwithstanding Section 11123 of the Government
Code, begin insert all of the following shall apply to end insert a meeting held by
teleconference under this chapter by an advisory begin delete board does not
require the identification of the location of teleconference
participants. end delete begin insert board: end insert

begin insert

(1) A member of the advisory board participating by
teleconference shall be listed in the minutes of the meeting and
shall provide notice of his or her participation by teleconference
at least 24 hours before the meeting.

end insert begin insert

(2) The advisory board shall designate a primary physical
meeting location where participants may physically attend the
meeting and participate. At least one member of the advisory board
shall be in attendance at the primary physical meeting location.

end insert begin insert

(3) The teleconference phone number, and, if applicable, the
Internet Web site or other information indicating how the public
can access the meeting remotely, shall be included in the agenda,
which shall be available to the public.

end insert begin insert

(b) Nothing in this section shall exempt the advisory board from
providing information regarding the physical location of an
advisory board meeting or any teleconference participation
information, including the identity of an advisory board member
who might be participating by teleconference.

end insert begin insert

(c) Prior to holding a meeting by teleconference pursuant to
this section, the advisory board shall adopt teleconferencing
guidelines to address issues that include, but are not limited to,
cancellations as a result of technical difficulties, ensuring
transparency, and public participation.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

Section 63906 is added to the Food and Agricultural
Code, to read:

63906.  

begin insert (a) end insert begin insert   end insert Notwithstanding Section 11123 of the Government
Code, begin insert all of the following shall apply to end insert a meeting held by
teleconference under this division by a commission or begin delete council does
not require the identification of the location of teleconference
participants. end delete begin insert council: end insert

begin insert

(1) A member of the commission or council participating by
teleconference shall be listed in the minutes of the meeting and
shall provide notice of his or her participation by teleconference
at least 24 hours before the meeting.

end insert begin insert

(2) The commission or council shall designate a primary
physical meeting location where participants may physically attend
the meeting and participate. At least one member of the commission
or council shall be in attendance at the primary physical meeting
location.

end insert begin insert

(3) The teleconference phone number, and, if applicable, the
Internet Web site or other information indicating how the public
can access the meeting remotely, shall be included in the agenda,
which shall be available to the public.

end insert begin insert

(b) Nothing in this section shall exempt the commission or
council from providing information regarding the physical location
of a commission or council meeting or any teleconference
participation information, including the identity of a commission
or council member who might be participating by teleconference.

end insert begin insert

(c) Prior to holding a meeting by teleconference pursuant to
this section, the commission or council shall adopt teleconferencing
guidelines to address issues that include, but are not limited to,
cancellations as a result of technical difficulties, ensuring
transparency, and public participation.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 67039 of the end insert begin insert Food and Agricultural Code end insert begin insert is
amended to read: end insert

67039.  

“Producer” or “grower” means any person who is
engaged within this state in the business of producing, or causing
to be produced, avocados for market. begin insert “Producer” or “grower”
does not include any person who has an average annual production
of less than 10,000 pounds of avocados in the three preceding
marketing years. end insert

begin delete SEC. 3. end delete

begin insert SEC. 5. end insert   

Section 67051 of the Food and Agricultural Code is
amended to read:

67051.  

(a) There is in the state government the California
Avocado Commission.

(b) The commission shall be composed of the following
members:

(1) (A) If the commission consists of three districts, nine
producers who are not handlers, three elected from each district.

(B) If the commission consists of four districts, eight producers
who are not handlers, two elected from each district.

(C) If the commission consists of five districts, 10 producers
who are not handlers, two elected from each district.

(2) Two avocado handlers elected on a statewide basis.

(3) One public member who shall be appointed to the
commission by the secretary from nominees recommended by the
commission.

(4) The secretary who shall be a nonvoting ex officio member
of the commission.

begin delete SEC. 4. end delete

begin insert SEC. 6. end insert   

Section 67051.1 of the Food and Agricultural Code is
repealed.

begin delete SEC. 5. end delete

begin insert SEC. 7. end insert   

Section 67052 of the Food and Agricultural Code is
amended to read:

67052.  

(a) Each district shall have one alternate producer
member, to be elected in the same manner as producer members.

(b) The alternate producer member shall, in the absence of a
producer member from the same district, sit in place of the absent
producer member on the commission and shall have, and be able
to exercise, all the rights, privileges, and powers of the producer
member when sitting on the commission.

begin delete SEC. 6. end delete

begin insert SEC. 8. end insert   

Section 67052.3 of the Food and Agricultural Code is
amended to read:

67052.3.  

(a) There shall be one alternate handler member to
be elected in the same manner as the handler members.

(b) The alternate handler member shall, in the absence of a
handler member, sit in place of the absent handler member on the
commission and shall have, and be able to exercise, all the rights,
privileges, and powers of the handler member when sitting on the
commission.

begin delete SEC. 7. end delete

begin insert SEC. 9. end insert   

Section 67053 of the Food and Agricultural Code is
amended to read:

67053.  

(a) Any vacancy on the commission occurring by the
failure of any person elected to the commission as a member or
alternate member to continue in his or her position due to a change
in status making him or her ineligible to serve, or through death,
removal, or resignation, shall be filled, for the unexpired portion
of the term, by a majority vote of the commission. begin delete (b) end delete

begin insert (b) end insert  Any person filling a vacant member or alternate member
position shall meet all the qualifications set forth in this article as
required for the member whose office he or she is to fill.

begin delete SEC. 8. end delete

begin insert SEC. 10. end insert   

Section 67054 of the Food and Agricultural Code is
amended to read:

67054.  

(a) Producer members and alternate producer members
on the commission shall have a financial interest in producing, or
causing to be produced, avocados for market. In order to be elected
a member or alternate member, a producer shall, at the time of the
election, have a financial interest in the production of avocados
within the district in which the producer stands for election.

(b) A producer may stand for election in any district in which
the producer has a financial interest in the production of avocados.

(c) Handler members and the alternate handler members shall
have a financial interest in handling avocados for markets. begin insert To be
nominated and elected, a handler or alternate handler shall handle
no less than 1 percent of the total industry volume of avocados in
the preceding marketing year. Any handler elected to the
commission pursuant to this section shall be required to maintain
his or her eligibility under this section during his or her entire
term of office. end insert

(d) The public member shall not have any financial interest in
the avocado industry. Except for the nomination of another public
member, the public member and his or her alternate member on
the commission shall have all the powers, rights, and privileges
of any other member on the commission.

begin delete SEC. 9. end delete

begin insert SEC. 11. end insert   

Section 67059 of the Food and Agricultural Code is
amended to read:

67059.  

Unless otherwise specified, a quorum of the commission
shall be any nine voting members if the commission consists of
three or four districts and any 10 voting members if the commission
consists of five districts. The vote of a majority of members present
at a meeting at which there is a quorum shall constitute the act of
the commission.

begin delete SEC. 10. end delete

begin insert SEC. 12. end insert   

Section 67081 of the Food and Agricultural Code is
amended to read:

67081.  

(a) The secretary shall establish a list of producers in
each district. In establishing the lists, the secretary shall require
that handlers in the state submit the names, mailing addresses,
grove location, and handled volume of each producer from whom
they purchased or handled avocados in the preceding marketing
season. The request for information from handlers shall be in
writing and shall be filed by the handlers within 60 days following
receipt of the written request.

(b) Any producer of avocados whose name does not appear
upon the secretary’s list of producers may have his or her name
established on the list by filing with the commission a signed
statement, identifying himself or herself as a producer. Failure to
be on the list does not exempt the producer from paying
assessments under this chapter.

begin delete SEC. 11. end delete

begin insert SEC. 13. end insert   

Section 67132 of the Food and Agricultural Code is
amended to read:

67132.  

Upon the finding of nine voting members of the
commission if the commission consists of three or four districts,
or of 10 voting members of the commission if the commission
consists of five districts, that this chapter has not tended to
effectuate its declared purposes, the commission may recommend
to the secretary that the operations of the commission shall be
suspended, provided that the suspension shall not become effective
until the expiration of the current marketing season. The secretary
shall, upon receipt of the recommendation, or upon a petition filed
with him or her requesting the suspension, signed by 15 percent
of the producers by number who produced not less than 15 percent
of the volume in the immediately preceding year, cause a
referendum to be conducted among the listed producers to
determine if the operation of this chapter and the operations of the
commission shall be suspended, and shall establish a referendum
period, which shall not be less than 10 days nor more than 60 days
in duration. The secretary is authorized to prescribe any additional
procedure necessary to conduct the referendum. At the close of
the established referendum period, the secretary shall tabulate the
ballots filed during the period. If at least 40 percent of the total
number of producers, on a list established by the secretary
marketing 40 percent of the total volume marketed by all producers
during the last completed marketing season, participate in the
referendum, the secretary shall suspend this chapter upon the
expiration of the current marketing season, if he or she finds either
one of the following:

(a) Sixty-five percent or more of the producers who voted in
the referendum voted in favor of the suspension, and the producers
so voting marketed 51 percent or more of the total quantity of
avocados marketed in the preceding marketing season by all of
the producers who voted in the referendum.

(b) Fifty-one percent or more of the producers who voted in the
referendum voted in favor of suspension, and the producers so
voting marketed 65 percent or more of the total quantity of
avocados marketed in the preceding season by all of the producers
who voted in the referendum.

begin delete SEC. 12. end delete

begin insert SEC. 14. end insert   

The Legislature finds and declares that Sections begin delete 1 end delete begin insert 2 end insert
and begin delete 2 end delete begin insert 3 end insert of this act, which add Sections 58853 and 63906 to the
Food and Agricultural Code, impose a limitation on the public’s
right of access to the meetings of public bodies or the writings of
public officials and agencies within the meaning of Section 3 of
Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following
findings to demonstrate the interest protected by these limitations
and the need for protecting that interest:

In order for food and agriculture marketing order advisory boards
and agricultural and seafood industry councils and commissions
to hold meetings and make timely decisions, it is in the state’s
interest to revise the requirements for teleconferences for these
boards, councils, and commissions in order to encourage
participation by directors. Many of these directors are located in
remote locations in the state that are difficult for the public to
access and the directors may need to participate from a
nonstationary location.