BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 281|
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THIRD READING
Bill No: AB 281
Author: De Leon (D), et al
Amended: 8/26/09 in Senate
Vote: 21
SENATE FOOD AND AGRICULTURE COMMITTEE : 4-0, 7/7/09
AYES: Florez, Maldonado, Hancock, Hollingsworth
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE : 13-0, 7/23/09
AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,
Price, Runner, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 77-0, 6/1/09 - See last page for vote
SUBJECT : Citrus disease prevention: California Citrus
Pest and Disease
Prevention Committee
SOURCE : California Citrus Mutual
DIGEST : This bill creates the California Citrus Disease
Prevention Committee within the Department of Food and
Agriculture for the purpose of preventing and controlling
citrus disease in California, and allows the committee to
levy fees on citrus producers to pay for citrus disease
detection and control programs.
Senate Floor Amendments of 8/26/09 (1) make numerous
technical clean-up changes and clarifications; (2)
CONTINUED
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establish a "Technical Advisory Committee" to develop a
citrus tristeza virus effective plan; (3) require the
California Citrus Pest and Disease Prevention Committee and
the Department of Food and Agriculture to enter into a
memorandum of understanding with citrus pest control
districts by July 1, 2011, for the purpose of funding the
implementation of the citrus tristeza virus effective plan.
ANALYSIS : The California Citrus Advisory Committee
(CCAC) with the Department of Food and Agriculture (DFA)
makes recommendations to the Secretary for citrus
inspection or survey procedures. The CCAC can raise a
per-carton fee up to 11 mills ($0.011) on naval oranges,
five mills ($0.005) on lemons, and six mills ($0.006) on
Valencia oranges and mandarin citrus to accomplish CCAC
goals.
Existing law authorizes the formation of pest control
districts within a county to help with control of potential
pests. Pest control districts are granted broad powers to
raise assessments; eradicate, remove, or prevent citrus
pests; and enter property for inspection. In order to form
a pest control district, a county petition signed by 51
percent of 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 pest control
district to combat the 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.
This bill:
1.Establishes the Citrus Disease Management Account for
the purposes of combating citrus-specific pests and
diseases.
2.Establishes the California Citrus Pests and Disease
Prevention Committee (committee) with 17 members
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appointed by DFA and made up of 14 producers from
designated districts across the state and representing
different varieties of citrus, one public member, and
two citrus nursery operators from the northern
California and southern California areas. All members
will serve four-year terms.
3.Specifies that the committee shall meet at the request
of DFA or by a request of three members of the
committee.
4.Authorizes 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.
5.Authorizes the committee to make recommendations to DFA
on annual assessment rate, annual budget, expenses
needed implement the statewide work plan, fee amounts,
and adoption of regulations.
6.Specifies that DFA has 30 days to respond to committee
regulations by initiating rulemaking, declining the
recommendation, or requesting further information from
the committee.
7.Requires the committee to reimburse DFA for all expenses
associated with administration of the committee,
enforcement activities, and regulatory recommendations
of the statewide work plan.
8.Establishes 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 percent penalty and 1.5 percent interest per month.
9.Requires DFA to hold a public hearing by June 30, 2013,
and every four years thereafter, to determine if there
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is substantial opposition to the citrus disease
prevention program. If opposition is determined, DFA
must hold a referendum of producers on the continuation
of the program.
10.Requires the committee, no later than July 1, 2011, in
consultation with DFA, to enter into a memorandum of
understanding with citrus pest control districts
responsible for funding citrus tristeza virus prevention
activities.
11.Specifies that the memorandum of understanding shall
include, but not be limited to, the following:
A. Language providing that the program, protocols,
and implementation for the citrus tristeza virus
effective plan will be developed and approved b the
Technical Advisory Committee, or its successor, in
consultation with the committee.
B. Provision for the funding required to implement
the citrus tristeza virus effective plan.
12.Provides that in the event the committee and the pest
control districts do not agree on the terms of the
memorandum of understanding, the citrus pest control
districts shall conduct an election to determine which
entity shall provide funding for the citrus tristeza
virus effective plan.
13.Stipulates that the ballot shall ask landowners within
the citrus pest control districts to select either:
A. the California Citrus Disease Management Committee
and the DFA through the Citrus Disease Management
Account to fund the citrus tristeza virus effective
plan; or
B. the citrus pest control districts as the funding
entity of the citrus tristeza virus effective plan.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Citrus Pest and Disease
Prevention Committee
- DFA program costs Estimated $500
annuallySpecial*
- prevention program Unknown, major costs
ongoing; Special*
offset by assessment revenue
- revenue ($1,360) annually at $0.01 per
40-pound Special*
carton (136,000 cartons in 2006-07
until
9/30/09 potentially increasing
thereafter
up to $0.09 per carton
* Citrus Disease Management Account
SUPPORT : (Verified 8/26/09)
California Citrus Mutual (source)
Western Growers
ARGUMENTS IN SUPPORT : Proponents state the pests and
diseases like HLB present a clear and present danger to the
California citrus industry. This bill will develop in
California an outreach program for all citrus producers,
both residential and production, to help with citrus pests
and disease prevention in California. Further, this bill
provides much needed industry funding for pest prevention
programs in California citrus.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
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Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Block, Knight, Price
TSM:cm 8/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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