BILL NUMBER: AB 281 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member De Leon
(Coauthor: Assembly Member Conway)
FEBRUARY 12, 2009
An act to add Article 2 (commencing with Section 5911) to Chapter
9 of Part 1 of Division 4 of the Food and Agricultural Code, relating
to agriculture.
LEGISLATIVE COUNSEL'S DIGEST
AB 281, as amended, De Leon. Citrus disease prevention: California
Citrus Disease Prevention Committee.
Existing law generally provides for the eradication of pests that
threaten this state's agriculture. Existing law provides that there
is in the Department of Food and Agriculture the California Citrus
Advisory Committee, comprised as specified. The committee is required
to develop and make recommendations to the Secretary of Food and
Agriculture on all matters regarding the implementation of an
inspection program, as provided.
This bill would create in the Department of Food and Agriculture
the California Citrus Disease Prevention Committee, which would
consist of 17 members (14 producers in the citrus fruit
industry, 2 citrus nursery operators, and 1
one public member) to be appointed by the Secretary of Food and
Agriculture, as specified. The bill would set out the powers and
duties of the committee, including, among others, the authority to
conduct, and contract with others to conduct, informational programs
to educate residential owners of citrus fruit on the
prevention and eradication of diseases or vectors
specific to citrus and programs for surveying, detecting, and
analyzing , and eradication of citrus
diseases. The bill would provide for a monthly assessment, as
provided and for specified related purposes, to be paid by producers,
as defined, and remitted to the department and deposited into the
Department of Food and Agriculture Fund. The bill would
authorize and require the secretary to take certain actions in
detecting, quarantining, and eradicating the disease Huanglongbing.
The bill would provide for a referendum voting procedure
regarding the continued operation of these provisions.
Because this bill would impose assessment requirements on
producers and handlers of citrus fruit , the violation of
which would be a misdemeanor under other provisions of existing law,
this bill would create a new crime, thereby imposing a state-mandated
local program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2 (commencing with Section 5911) is added to
Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code,
to read:
Article 2. Citrus Disease Prevention
5911. (a) The Legislature hereby finds and declares that the
citrus killing diseases, Huanglongbing, citrus leprosis, citrus
variegated chlorosis, and citrus canker, and the associated vectors
present a clear and present danger to California's citrus industry,
as well as to other commodities and plant life.
(b) This article is intended to establish an industry funded
program to assist with the eradication
control of diseases and vectors specific to citrus when found
in California.
(c) This article is not intended to create new mandates or
circumvent state and federal authority on other agricultural
commodities.
(d) This article is not intended to establish a precedent, or to
supersede, or to reduce or in any way alter government funding of the
effort to combat citrus diseases and other pests in this state.
(e) The prevention and management of citrus diseases is affected
with the public interest. The provisions of this article are enacted
for the protection of the industry and in the exercise of the police
power of the state for the purpose of protecting the health, peace,
safety, and general welfare of the people of this state.
5912. Unless the context otherwise requires, the following
definitions shall govern the construction of this article:
(a) "Carton" means a unit equivalent to 40 pounds of citrus
fruit.
(b) "Citrus" means "citrous" and any plants of the genera Citrus,
Fortunella, Poncirus, and all hybrids having one or more of such as
parents.
(c) "Citrus disease" includes any infectious, transmissible, or
contagious disease or vector infesting citrus trees.
(d) "Committee" means the California Citrus Disease Prevention
Committee.
(e) "Department" means the Department of Food and Agriculture.
(f) "Districts," except as otherwise provided in Section 5913,
consist of the following geographical areas:
(1) District 1 consists of all growing areas in San Bernardino
County and all other areas to the south, west, and east of San
Bernardino County that are not included in any other district.
(2) District 2 consists of all growing areas in the Counties of
Monterey, San Luis Obispo, Santa Barbara, and Ventura.
(3) District 3 consists of all growing areas in Kern County.
(4) District 4 consists of all growing areas in Tulare County.
(5) District 5 consists of all growing areas in Fresno County and
all other areas to the north that are not included in any other
district.
(g) "Handler" means a person or entity who receives citrus
fruit from a producer and who prepares the citrus fruit
for fresh market.
(h) "Marketing season" begins October 1 of each year and ends
September 30 of the next year.
(i) "Person" means a producer, handler, or any other entity that
holds title to citrus fruit subject to assessment.
(j) "Producer" means any person in this state who is a grower of
citrus fruit , but does not include a citrus nursery.
(k) "Secretary" means the Secretary of Food and Agriculture.
5913. (a) There is hereby created in the department the
California Citrus Disease Prevention Committee.
(b) The committee shall be composed of 17 members. Fourteen
producer representatives shall be appointed by the secretary from
nominations received from each district. District representation
shall be determined by the secretary on a proportional basis equal to
the production history of each district for the previous two years.
The secretary shall also strive to appoint producers
representing the different varieties of citrus fruit produced in
California, including, but not limited to, oranges, lemons, and
grapefruit.
(c) One member shall be a public member, appointed by the
secretary from the nominees recommended by the committee.
(d) Two members shall be citrus nursery operators, one
representing northern California, defined as counties in the San
Joaquin Valley and north but not including counties on the coast who
shall be represented by a southern California designee ;
, and one representing southern California,
appointed by the secretary from the nominees recommended by the
committee.
(e) (1) The initial members of the committee shall be appointed
within 30 days of the enactment of this article. The members shall
serve staggered terms. The terms of the members of the committee
shall expire as follows:
(A) Two members on September 30, 2010.
(B) Five members on September 30, 2011.
(C) Five members on September 30, 2012.
(D) Five members on September 30, 2013.
(2) The members of the committee shall allocate the initial terms
among themselves by lot or other method.
(f) Appointments to the committee shall be for terms of five
years. Vacancies shall be immediately filled by the secretary based
on recommendations from the committee for the unexpired portion of
the terms in which they occur.
(g) The secretary and other appropriate individuals, as determined
by the committee, shall be nonvoting ex officio members of the
committee.
(h) Committee members may be compensated for reasonable expenses
actually incurred in the performance of their duties, as determined
by the committee and concurred in by the secretary.
(i) The committee shall meet at the request of the secretary, the
committee chairperson, or upon the request of three committee
members.
(j) The committee shall appoint a chairperson, one or more vice
chairpersons, and any other officers it deems necessary.
(k) The Legislature finds and declares that persons appointed to
the committee are intended to represent and further the interests of
the citrus industry, and that this representation and furtherance is
intended to serve the public interest. Accordingly, the Legislature
finds that, with respect to persons who are appointed to the
committee, the citrus industry is tantamount to, and constitutes, the
public generally within the meaning of Section 87103 of the
Government Code.
5914. (a) The powers and duties of the committee are limited to
activities involving the producers of citrus fruit and
residential owners of citrus fruit .
(b) The committee may do all of the following:
(1) Conduct, and contract with others to conduct, either or both
of the following:
(A) Informational programs to educate residential owners of citrus
fruit on the prevention and eradication
of diseases or vectors specific to citrus.
(B) Programs for the surveying, detecting, analyzing, and
eradication and analyzing of diseases specific
to citrus involving producers of citrus fruit and
residential owners of citrus fruit .
(2) Take by grant, purchase, gift, devise, lease, or otherwise and
hold, use and enjoy, and lease, or otherwise dispose of, real and
personal property of every kind and description necessary to the full
and convenient exercise of the committee's powers.
(3) Cause fees to be levied, as provided in Section 5919
5918 , to pay any obligation of the committee
and to accomplish the purposes of the committee in the manner
provided in this article.
(4) Make contracts, and employ, except as otherwise provided in
this article, all persons, firms, and corporations necessary to carry
out the purposes and the powers of the committee, and at any salary,
wage, or other compensation as the committee shall determine.
(5) Perform any and all acts either necessary or proper to fully
and completely carry out the purposes for which the committee was
organized.
(6) Recommend to the secretary the adoption of regulations
consistent with the powers and duties of the committee.
(c) The committee shall not engage in any activity deemed by the
secretary to be contradictory to any eradication program or
quarantine implemented to address citrus diseases or related vectors.
5915. (a) Upon receipt of a recommendation from the committee for
the adoption of regulations, the secretary shall do one of the
following within 30 working days:
(1) Initiate the rulemaking process to adopt the recommendation of
the committee.
(2) Decline to initiate the rulemaking process and provide the
committee with a written statement of reasons for the decision.
(3) Request the committee to provide additional information
regarding the recommended regulations.
(b) All regulations adopted pursuant to this article shall be
adopted in compliance with the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), and may be subsequently repealed or
amended as provided for in that act.
5916. No member or agent of the committee shall be personally
liable for the actions of the committee or the department. No member
or agent of the committee is responsible individually in any way to
any other person for errors in judgment, mistakes, or other acts, by
either commission or omission, as a principal, agent, or employee
except for his or her own individual acts of dishonesty or crime. No
member or agent of the committee is responsible individually for an
act or omission of any other member or agent of the committee or the
department. Liability is several and not joint, and no member or
agent of the committee is liable for the default of any other member
or agent of the committee or the department.
5917. The committee shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities pursuant to this article.
5918. (a) The disease Huanglongbing is not native to the State of
California and has no known cure. The Legislature hereby declares
the introduction of this serious citrus disease would be detrimental
to the state, causing irreparable damage to the agricultural industry
and the environment.
(b) The secretary may adopt quarantine or other regulations which
prohibit the importation of Huanglongbing.
(c) The secretary shall conduct an ongoing survey and detection
program for Huanglongbing. Whenever and wherever Huanglongbing is
discovered, the secretary shall immediately investigate the
feasibility of eradication. If eradication is feasible, the secretary
shall perform the eradication in cooperation with federal, city,
county, and other state agencies taking those steps and actions the
secretary deems necessary.
(d) The department, with the cooperation of the University of
California, the United States Department of Agriculture, or other
agencies, may develop and implement biological control methods to
eradicate or control Huanglongbing in any area of the state, and may
conduct studies for those purposes.
5919. 5918. (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 seven cents ($0.07) per carton. The
assessment shall be:
(1) Based on the number of 40 pound
40-pound carton equivalents produced.
(2) Used to purchase equipment for detecting citrus diseases,
testing citrus trees, fruit, and vectors, eradicating
and controlling citrus diseases, and for
contracting with labs to conduct citrus disease testing.
(3) Collected from the producer by the first handler. If a
producer prepares the citrus fruit for market, the
producer shall be deemed the handler.
(4) Remitted to the department by the first handler, along with an
assessment form, at the end of each month during the marketing
season.
(5) Deposited 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.
(b) 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.
5920. 591 9. (a) Upon
establishment of a disease prevention program, any handler who does
not file the required monthly assessment form and assessments by the
10th day of the month following the month for which the assessment is
payable shall pay a penalty of 10 percent of the assessment owed
and, in addition, 11/2 percent interest per month on the unpaid
balance.
(b) Upon establishment of a disease prevention program, it shall
be unlawful for any handler to refuse to collect the assessments or
remit the assessments and the proper forms required by this article.
5921. 5920. (a) Beginning in the
2016-17 marketing year, the secretary shall hold one or more
public hearings to determine whether the operation of this
article should be continued. The secretary may waive referendum under
this article if, following a hearing, the secretary determines there
is no substantial question of opposition to doing so among affected
assessment payers. Thereafter, the secretary shall conduct the review
process every four years.
(b) As used in this section, "substantial question of opposition"
means opposition to the substance of the petition among currently
affected assessment payers, and is not intended to mean a particular
number of assessment payers.
5922. 5921. (a) If the secretary
finds after the hearing that a substantial question exists among
affected payers under this article regarding whether the operation of
this article should be continued, the secretary shall submit the
article for approval utilizing the following voting procedures set
forth in this section and Sections 5923 to 5928
5922 to 5927 , inclusive.
(b) Within 90 days of the secretary determining the requirement
for referendum has been met, the secretary shall establish a list of
those persons eligible to vote on the continued implementation of
this article.
(c) Eligibility shall be limited to the persons who paid the
assessment on citrus fruit in the immediately preceding
marketing season.
(d) (1) In establishing the list, the secretary may require
handlers, producers, and others to submit the names, mailing
addresses, and assessment values of all producers who paid the
assessment on citrus fruit in the immediately preceding
marketing season.
(2) The information required by the secretary shall be filed
either with the monthly assessment form or no later than 30 days
following receipt of a written notice from the secretary requesting
the information.
(e) Any producer whose name does not appear on the secretary's
list may have his or her name added to the list by filing with the
secretary a signed statement identifying himself or herself as a
producer that paid an assessment during the most recent marketing
season.
5923. 5922. For the purpose of
voting in the referendum required in Section 5922
5921 , only a person required to pay the assessment
pursuant to Section 5919 5918 shall
have the right to vote.
5924. 5923. In determining whether
this article shall become inoperative, the secretary shall find that
at least 40 percent of the total number of persons from the list
established by the secretary participated in the referendum, and that
either one of the following occurred:
(a) Sixty-five percent or more of the persons who voted in the
referendum voted in favor of this article, and the persons who voted
paid a majority of the assessment dollars on citrus fruit
in the preceding marketing season that were paid by all the persons
who voted in the referendum.
(b) A majority of the persons who voted in the referendum voted in
favor of this article, and the persons who voted paid 65 percent or
more of the assessment dollars on citrus fruit in the
preceding marketing season that were paid by all the persons who
voted in the referendum.
5925. 5924. In determining whether
the referendum is approved by producers pursuant to the provisions of
this article, the secretary shall consider the vote in favor of the
referendum of any nonprofit agricultural cooperative marketing
association, which is authorized by its members so to assent, as
being the assent, approval, or favor of the producers that are
members of, or stockholders in, that nonprofit agricultural
cooperative marketing association.
5926. 5925. The secretary shall
establish a period in which to conduct the referendum that shall not
be less than 10 days nor more than 60 days in duration. The secretary
may prescribe additional procedures to conduct the referendum. If
the initial period established is less than 60 days, the secretary
may extend the period. However, the total referendum period may not
exceed 60 days.
5927. 5926. Nonreceipt of a ballot
shall not invalidate a referendum.
5928. 5927. (a) If the secretary
finds that a favorable vote has not been given as provided in this
article, this article shall become inoperative within one year of the
referendum.
(b) If the secretary finds that a favorable vote has been given as
provided in this article, he or she shall certify and give notice of
the favorable vote to all persons whose names and addresses may be
on file with the secretary as provided in Section 5922
5921 .
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.