BILL ANALYSIS
AB 281
Page 1
ASSEMBLY THIRD READING
AB 281 (De Leon)
As Amended May 4, 2009
Majority vote
AGRICULTURE 8-0 APPROPRIATIONS 17-0
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|Ayes:|Galgiani, Tom Berryhill, |Ayes:|De Leon, Nielsen, |
| |Conway, Fuller, Ma, | |Ammiano, |
| |Mendoza, Yamada, Bonnie | |Charles Calderon, Davis, |
| |Lowenthal | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Creates the California Citrus Disease Prevention
Committee (CCDPC) within the California Department of Food and
Agriculture (CDFA), with the purpose of preventing and
controlling citrus diseases in California, and allows the CCDPC
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 pests and diseases, and definitions including
describing districts.
2)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.
3)Establishes CCDPC's duties and powers to include, but not be
limited to, the following:
AB 281
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a) Conduct informational prevention programs specific to
citrus diseases;
b) Conduct survey, detection, and analysis programs
specific to citrus diseases;
c) Acquire real and personal property necessary to exercise
CCDPC's powers;
d) Establish fees to be levied of up to $0.07 per a 40
pound carton of citrus, and create 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) Allow CCDPC to recommend to the Secretary regulations
relating to the prevention of citrus disease.
4)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.
5)Requires CCDPC to reimburse the Secretary for all costs
incurred for implementation of CCDPC's recommendations.
6)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.
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;
AB 281
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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 recommendations to the Secretary for citrus inspections or
survey procedures. The CCAC may impose 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 : According to the Assembly Appropriations
Committee, cost of this bill is borne by the citrus industry and
can range from a total of $1.6 million to $11 Million.
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.
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 diseases.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
FN: 0001046