BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: AB 281 HEARING: 7/7/09
AUTHOR: De Leon FISCAL: Yes
VERSION: 6/26/09 CONSULTANT: John Chandler
Citrus disease prevention: California Citrus Pest and Disease
Prevention Committee
BACKGROUND AND EXISTING LAW
The California Citrus Advisory Committee (CCAC) within the
California Department of Food and Agriculture (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.
California law authorizes the formation of pest control
districts (PCD) within a county to help with control of
potential pests. PCDs are granted broad powers to raise
assessments; eradicate, remove, or prevent citrus pests; and
enter property for inspection. In order to form a PCD, a county
petition signed by 51 percent of the land in the district must
be filed with the county supervisors who will then hold a
hearing on the formation of the district. In the Central
Valley, a number of citrus-growing counties have formed a PCD to
combat citrus tristeza virus.
In September and October of 2008, discoveries of the Asian
Citrus Psyllid triggered quarantines and eradication programs in
Southern California. The Asian Citrus Psyllid is a known vector
of Huanglongbing (HLB), citrus greening, which has contributed
to the decline of the Florida citrus industry.
PROPOSED LAW
AB 281 will do the following:
Establish the Citrus Disease Management Account for the
purposes of combating citrus-specific pests and
diseases.
Establish the California Citrus Pests and Disease
Prevention Committee (committee) with 17 members appointed
by CDFA and made up of 14 producers from designated
districts across the state and representing different
AB 281 - Page 2
varieties of citrus, one public member, and two citrus
nursery operators from northern California and southern
California areas. All members will serve five-year terms.
Specify that the committee shall meet at the request of
CDFA or by request of three members of the committee.
Authorize the committee to develop a statewide
citrus-specific pest and disease work plan which will
initiate informational programs to educate and train
residential citrus owners on citrus pest and disease
prevention, and surveying and detecting and treatment
analysis for citrus pest and disease.
Authorize the committee to make recommendations to CDFA
on annual assessment rate, annual budget, expenses needed
to implement the statewide work plan, fee amounts, and
adoption of regulations.
Specify that CDFA has 30 days to respond to committee
regulations by initiating rulemaking, declining the
recommendation, or requesting further information from the
committee.
Require the committee to reimburse CDFA for all expenses
associated with administration of the committee,
enforcement activities, and regulatory recommendations of
the statewide work plan.
Establish a monthly assessment on citrus producers of
$0.01 per 40-pound carton, collected from the producer by
the first handler and deposited in the Citrus Disease
Management Account for citrus disease prevention. The
assessment may not exceed $0.09 per 40-pound carton.
Producers of 750 cartons or less are exempt from the
assessment. Failure to pay the assessment may result in a
10% penalty and 1.5% interest per month.
Require CDFA to hold a public hearing by June 30, 2013,
and every four years thereafter to determine if there is
substantial opposition to the citrus disease prevention
program. If opposition is determined, CDFA must hold a
referendum of assessment payers on the continuation of the
program.
COMMENTS
AB 281 - Page 3
1.Proponents state the pests and diseases like HLB present a
clear and present danger to the California citrus industry.
AB 281 will develop in California an outreach program for all
citrus producers, both residential and production, to help
with citrus pest and disease prevention in California.
Further, AB 281 will provide much needed industry funding for
pest prevention programs in California citrus.
2.The California Citrus Disease Prevention Committee has a
number of responsibilities under AB 281, including annual
review of assessments and program effectiveness and other
duties. With such responsibility over the finances of this
program, it would be important that the committee meet at
least once per year. However, currently, they are only
required to meet at the request of CDFA or at the request of
three members of the Citrus Disease Prevention Committee. The
committee may wish to consider if the bill should include a
provision that the California Citrus Disease Prevention
Committee meet at least once per year.
3.AB 281 specifies at least five geographical districts
throughout the state from which California Citrus Disease
Prevention Committee producer members shall be drawn. While
the California citrus industry is currently a $1.8 billion
industry, it is inevitable that the industry will continue to
evolve over time as growing areas shift around the state. The
committee may wish to consider if there should be some
mechanism for the district boundaries to be shifted as the
citrus industry evolves.
4.A new assessment of $0.01 per carton, to a maximum of $0.09
per carton, will be levied on the citrus industry with the
passage of AB 281. This bill only requires a referendum of
the citrus industry by 2013 rather than prior to
implementation. It would seem that if the Citrus Disease
Prevention Committee and CDFA are going to be assessing the
industry to pay for these programs, it would be helpful to
have total signoff from the industry before producers are
handed new bills for a new industry committee. The committee
may wish to consider if the enactment of AB 281 should include
a referendum of the industry.
PRIOR ACTIONS
Assembly Floor 77-0
Assembly Appropriations17-0
Assembly Agriculture 8-0
AB 281 - Page 4
SUPPORT
California Citrus Mutual
OPPOSITION
None received