BILL ANALYSIS
AB 281
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Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 281 (De Leon) - As Amended: April 23, 2009
SUBJECT : California Citrus Disease Prevention Committee.
SUMMARY : Creates the California Citrus Disease Prevention
Committee (CCDPC) in the California Department of Food and
Agriculture (CDFA), with the purpose of preventing and
controlling citrus diseases in California; and, allows the
committee to levy fees on citrus producers to pay for citrus
disease detection and control programs. Specifically, this
bill :
1)Provides declaration and general provisions for CCDPC,
including stating that CCDPC is necessary for the control of
citrus pest and disease.
2)Provides definitions including describing districts.
3)Creates CCDPC composed of 14 citrus producers, two citrus
nursery operators, and one public member. Producers are to be
appointed to CCDPC by the Secretary (secretary) of CDFA
proportionally, based on citrus production in each district,
with an attempt to represent all citrus varieties grown in
California. The nursery operators are to be appointed to
CCDPC by the secretary, one from northern California and one
from southern California. The public member is to be
appointed by the secretary.
4)Establishes CCDPC's duties and powers to include but not be
limited to the following:
a) Conducting informational prevention programs specific to
citrus diseases;
b) Conducting survey, detection, and analysis programs
specific to citrus diseases;
c) Acquire real and personal property necessary to exercise
CCDPC's powers.
d) Establishes fees to be levied of up to $0.07 per 40
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pound carton of citrus, and creates procedures for
collection and reporting, including penalties of 10% for
failure to pay with an interest rate on unpaid balances of
1.5% per month;
e) Hire personnel to manage and carry out the functions of
CCDPC;
f) Perform all acts and exercise all powers incidental to
the purpose of this chapter; and;
g) Allows CCDPC to recommend to the secretary regulation
relating to the prevention of citrus disease.
5)Requires the secretary, within 30 working days of receiving
CCDPC 's recommendations, to initiate the rulemaking process,
ask CCDPC for additional information, or, if the secretary
declines to initiate a rulemaking process, provide a written
reason for the decision.
6)Requires CCDPC to reimburse the secretary for all costs
incurred for implementation of CCDPC's recommendations.
7)Provides a process for continuing or dissolving of CCDPC,
including requiring the secretary, in the 2016-17 citrus
marketing season, and then every four years thereafter, to
hold one or more public hearings to decide if it should
continue, which may result in a referendum.
8)Requires the secretary, within 90 days of determining the need
for a referendum, to establish a list of citrus producers
eligible to vote in the referendum. For the referendum to
pass, it must meet the following requirements:
a) At least 40% by number of the total producers from the
list must participate in the vote and either of the
following must occur:
i) 65% of the producers vote in favor of the referendum
and the producers voting paid a majority of the
assessment in the preceding marketing year by all
producers voting; or,
ii) A majority of producers vote in favor of the
referendum and those producers voting paid 65% of the
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assessment in the preceding marketing year by all
producers voting.
9)Requires the secretary to establish a period to conduct a
referendum for voting of not less than 10 days and not more
than 60 days.
EXISTING LAW allows for the formation of a citrus pest control
district (CPCD) within a county for the purpose of eradication,
removal, and prevention of any and all citrus pests; allows
CPCD to consolidate with any other CPCD anywhere in the state;
and, allows CPCD to raise fees on citrus producers to accomplish
CPCD's goals. A petition from citrus producers is needed to
form or dissolve CPDC. (Food and Agriculture Code Section
8400-8759)
The California Citrus Advisory Committee (CCAC), within CDFA,
makes recommendation to the secretary for citrus inspection or
survey procedures. The CCAC can raise a per carton fee up to:
11 mills ($0.011) on navel oranges, 5 mills ($0.005) on lemons,
and 6 mills ($0.006) on Valencia oranges and mandarin citrus, to
accomplish CCAC goals. CCAC was created by legislation. (Food
and Agriculture Code Section 48000-48003)
FISCAL EFFECT : Unknown. This bill is keyed fiscal by
Legislative Counsel.
COMMENTS : According to the author, the $1.5 billion California
citrus industry is under threat from several destructive citrus
diseases, including Citrus Canker and Huanglongbing (HLB). To
date there is no known controls for these diseases other than
removing and destroying infected groves. After a 2005 discovery
in Florida, it took only two years for HLB to transmit to all 32
Florida citrus producing counties.
In September and October 2008, CDFA placed a quarantine on
southern San Diego County and southern Imperial County for the
Asian citrus psyllid, a known carrier of HLB. CDFA noted that
HLB has not been detected in California. The quarantine
highlights the threat facing the California citrus industry.
While the citrus industry is agreed in the need to address this
threat facing the industry, it does not appear in agreement as
to the structure of CCDPC. The citrus industry is still
discussing this bill and changes are anticipated.
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The structure of CCDPC creates a precedent for new authority
from other committees within CDFA. Other committees such as the
Egg Shell Advisory Committee, the Wine Grape Inspection Advisory
Committee and CCAC have the authority to advise the secretary on
specific policy issues and are created by statute without a vote
of those affected. None of these current committees have the
power to implement policy or action on their own. CCDPC both
advises the secretary and is allowed to develop and implement
pest detection programs.
The powers of CCDPC are closer to those of a pest control
district or a marketing commission. In forming or dissolving a
pest control district or marketing commission, a petition or
referendum of the constituency affected by the district of
commission is required. In many cases the dissolution of a
district or commission is reviewed after a period of time to see
if the district or commission is still needed. CCDPC is created
in statute without a vote but does have a four year review as to
the need of CCDPC.
The Committee may wish to consider, in creating CCDPC, should
its powers resemble that of a committee within CDFA, where a
vote has not been required to create a committee, or does it
need to conform more to those of a pest control district or a
marketing commission, where a vote is required to create a pest
control district or marketing commission..
RELATED LEGISLATION : SB 140 (Corbett) of 2009 directs CDFA to
implement a Citrus Nursery Stock Pest Cleanliness program, with
the purpose of protecting the California Citrus Nursery Stock
industry from pests and disease.
REGISTERED SUPPORT / OPPOSITION :
Support
Citrus Mutual (sponsor)
California Association of Nurseries and Garden Centers
Western Growers
Opposition
None on file.
AB 281
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Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084