BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 735
                                                                  Page  1

          Date of Hearing:   April 15, 2009

                          ASSEMBLY COMMITTEE ON AGRICULTURE
                              Cathleen Galgiani, Chair
               AB 735 (Agriculture) - As Introduced:  February 26, 2009
           
          SUBJECT  :  California Wheat Commission.

           SUMMARY  :  Restructures the California Wheat Commission  
          (Commission) membership from 15 district representatives to 13  
          district representatives and adds two at-large members who are  
          knowledgeable of the industry; conforms districts by  
          consolidating two districts, reducing them from 15 to 13;  
          authorizes the Commission to change the number of districts by a  
          2/3 vote and concurrence by the Secretary (Secretary) of the  
          California Department of Food and Agriculture, redefines a  
          quorum as a majority of the commissioners, and makes technical  
          non-substantive changes.

           EXISTING LAW  permits the Commission to be created upon a  
          positive referendum vote of producers and provides for an 18  
          member board (board) of producers elected to represent 15 wheat  
          growing districts, two handlers in good standing elected by  
          handlers doing business in the state and one public member  
          appointed by the director [Secretary]; states that the board  
          quorum shall be 10 voting members and that the boundaries of the  
          districts may be changed by a 2/3 vote of the board.  Statutes  
          provide definitions, powers and duties, including among other  
          things the ability to provide scientific research of cultural  
          and production practices, marketing and distribution of wheat.   
          Statutes outline voting procedures for the referendum and the  
          assessment levels, penalties and conditions for continuation,  
          suspension and termination of the commission.

           FISCAL EFFECT  :  Unknown.  Legislative counsel has keyed this  
          bill fiscal.

           COMMENTS  :  California's wheat industry has seen major changes  
          over the past several years due to the housing boom and other  
          economic impacts that have removed acreage from production.   
          Several of the existing districts have had significant  
          reductions in acreage and one district has not had a  
          representative for over 12 years, according to the Commission,  
          due to there not being a grower willing to participate.  Wheat  
          production from 1997 to 2006 had declined from an estimated  








                                                                  AB 735
                                                                  Page  2

          544,000 harvested, with a value of $162.4 million, to 315,000  
          harvested with a value of $88.6 million.

          The Commission has had problems being able to conduct business  
          consistently due to a lack of quorums at board meetings.  By  
          consolidating an inactive district with an active one,  
          consolidating another two districts which have had planted  
          acreages reduced, the adding of two at-large members from wheat  
          production or involved with related wheat activities, and  
          removing the statutory number of 10 for a quorum, the Commission  
          believes it would be easier to conduct business at future board  
          meetings.

          The Committee may wish to consider if notice should be given to  
          the assessed parties if a change in the number of districts  
          should be considered.  This is new authority for the Commission  
          and would change the structure on which the producers voted.   
          There is oversight in that such a change requires the  
          concurrence of the Secretary.  
          

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Wheat Commission

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084