Amended in Senate May 31, 2016

Senate Bill No. 822

Introduced by Senator Roth

January 5, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

SB 822, as amended, Roth. Agricultural pest control: citrus disease begin delete prevention. end delete begin insert prevention: monthly assessment. end insert

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. begin delete 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. end delete

begin delete

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.

end delete

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:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee: yes. State-mandated local program: no.

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

begin delete

SECTION 1.  

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

5913.  

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

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

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

end delete

begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

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

5919.  

(a) During the first marketing season, beginning
February 1, 2010, and ending September 30, 2010, the monthly
assessment to be paid by producers shall be one cent ($0.01) per
carton. Thereafter, in addition to any other assessments, fees, or
charges that may be required pursuant to this code, producers shall
pay a monthly assessment established by the committee that shall
not exceed twelve cents ($0.12) per carton. The assessment shall
be:

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

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

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

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

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

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