Senate BillNo. 822


Introduced by Senator Roth

January 5, 2016


An act to amend Sections 5913 and 5919 of the Food and Agricultural Code, relating to agricultural pest control, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 822, as introduced, Roth. Agricultural pest control: citrus disease prevention.

Existing law creates the California Citrus Pest and Disease Prevention Committee in the Department of Food and Agriculture to, among other things, develop a statewide citrus specific pest and disease work plan. Existing law provides for a monthly assessment to be paid by producers, as defined, which are deposited in the Citrus Disease Management Account in the Department of Food and Agriculture Fund. Moneys in the Citrus Disease Management Account is available upon appropriation by the Legislature for specified activities relating to citrus disease prevention.

This bill would appropriate $5,000,000 from the General Fund to the Citrus Disease Management Account in the Department of Food and Agriculture Fund, and would make those funds available for expenditure by the department, without regard to fiscal year, for the purpose of combating citrus disease or its vectors.

Existing law requires producers in the citrus fruit industry to pay a monthly assessment not exceeding $0.09 per carton of citrus fruit, to be used for citrus disease management and pest control activities, which are deposited in the Citrus Disease Management Account, except as specified.

This bill would increase the maximum amount of the monthly assessment to $0.12 per carton of citrus fruit.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 5913 of the Food and Agricultural Code
2 is amended to read:

3

5913.  

(a) There is hereby created the Citrus Disease
4Management Account in the Department of Food and Agriculture
5Fund.

6(b) The Citrus Disease Management Account shall consist of
7money from federal, industry, and other non-General Fund sources.
8Money from federal, industry, and other non-General Fund sources
9shall be available upon appropriation by the Legislature for the
10sole purpose of combating citrus specific pests, diseases, and their
11vectors.

begin insert

12(c) Notwithstanding subdivision (b), the sum of five million
13dollars ($5,000,000) is hereby appropriated from the General
14Fund to the Citrus Disease Management Account in the
15 Department of Food and Agriculture Fund, and shall be made
16available for expenditure by the department, without regard to
17fiscal year, for the purpose of combating citrus disease or its
18vectors.

end insert
19

SEC. 2.  

Section 5919 of the Food and Agricultural Code is
20amended to read:

21

5919.  

(a) During the first marketing season, beginning
22February 1, 2010, and ending September 30, 2010, the monthly
23assessment to be paid by producers shall be one cent ($0.01) per
24carton. Thereafter, in addition to any other assessments, fees, or
25charges that may be required pursuant to this code, producers shall
26pay a monthly assessment established by the committee that shall
27not exceedbegin delete nineend deletebegin insert twelveend insert centsbegin delete ($0.09)end deletebegin insert ($0.12)end insert per carton. The
28assessment shall be:

29(1) Based on the number of 40-pound carton equivalents
30produced.

31(2) Collected from the producer by the first handler. If a
32producer prepares the citrus fruit for market, the producer shall be
33deemed the handler.

P3    1(3) Remitted to the department by the first handler, along with
2an assessment report, at the end of each month during the marketing
3season.

4(4) Deposited in the Citrus Disease Management Account in
5the Department of Food and Agriculture Fund or, upon the
6recommendation of the committee, deposited in accordance with
7Section 227 or Article 2.5 (commencing with Section 230) of
8Chapter 2 of Part 1 of Division 1. The use of the funds deposited
9in the Citrus Disease Management Account shall be limited to the
10activities authorized by this article.

11(b) A producer producing less than 750 40-pound carton
12equivalents shall not be required to remit the assessment provided
13in subdivision (a).

14(c) The committee may recommend to the secretary an
15assessment less than the amount specified in subdivision (a) or no
16assessment if no disease prevention program is necessary or if
17there is sufficient reserve to operate the program, except as
18provided in Section 5930.



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