BILL ANALYSIS
AB 1795
Page A
Date of Hearing: March 24, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 1795 (Committee on Agriculture) - As Introduced: February
10, 2010
SUBJECT : Agriculture: marketing advisory and promotional
councils and commissions.
SUMMARY : Removes term limits for the members of the California
Apple Commission (CAC); allows the California Salmon Council
(CSC) to present facts and negotiate on matters that affect the
"California Salmon Marketing and Development Act" (CSMDA); and,
makes technical and conforming changes.
EXISTING LAW establishes CAC, comprised of three apple handlers,
nine producers, and, one public member, which may enforce laws
relative to apple production, generally promote the sale of
apples, and make recommendations to the Secretary (Secretary) of
California Department of Food and Agriculture (CDFA), relative
to apple maturity standards. The term of office for CAC members
is limited to four consecutive three year terms. (Food and
Agricultural Code Section (FAC) 75501 et seq.)
Establishes CSC, comprised of five commercial salmon vessel
operators, two salmon handlers, one handler who is an exporter
or wholesaler, and one member of the public. Allows CSC, with
approval of the Secretary, to perform duties that the Secretary
delegates to CSC. CSC duties include the power to make
contracts and agreements to promote the marketing of salmon
products on a local, state, national or international basis.
(FAC 76501 et seq.)
FISCAL EFFECT : This bill is keyed fiscal by Legislative
Counsel.
COMMENTS : Marketing Advisory and Promotional Councils
(councils) and Commissions (commissions) are created through
commodity specific legislation. California has 20 commissions
and three councils under the preview of CDFA. Commissions
commonly have a greater scope of authority and more independence
from CDFA than councils. Councils, for example, are advisory to
CDFA and all actions of the councils are subject to CDFA
approval. Commissions generally are not advisory to CDFA. With
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the exception of the Avocado and Table Grape Commissions, CDFA
must concur with commission's budget and annual activities
statement. CDFA has cease and desist authority over actions of
commissions that CDFA deems not in the public interest.
Membership for councils and commissions vary slightly. Council
members are recommended by industry peers through a nomination
process and appointed by CDFA. Commission members are elected
directly by industry peers, without CDFA's appointment.
The basis structure of a commission is a board made up of
producers, handlers, experts and the public, who are authorized
by the Secretary to promote specific commodities, enforce
standards and collect fees on the specific commodities. The
commissions that have term limits for their boards vary the
limits from two to five consecutive terms.
CAC was authorized by legislation in 1990 and formed in 1994.
According to CAC, since the 1996 growing season the number of
apple handlers in California has dropped from 40 to 11. The
reduced pool of potential handler board members is making it
more difficult to fill the handler members of the board and
alternative members. By eliminating the four consecutive terms,
or 16 years as a board member or alternative, CAC will be better
able to fill the board positions.
Previous legislation repealed term limits for the California
Date Commission (CDC) and the California Pepper Commission
(CPC), extended the term limits for the CAC, and created
commissions.
The committee may wish to consider if it is appropriate to
remove term limits from a marketing commission. Other
alternatives to removing term limits are:
1)An extension of term limits from four to five terms.
2)Adjusting the number of board members from 12 to eight, a
number that would reflect the current make up of apple
producers and handlers. This could be accomplished by
reducing the number of apple producer board members to six and
the number of apple handlers to two; and changing the election
of apple handler board members from district to at large.
a) If the committee believes reducing CAC's board is the
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proper solution, it may wish to consider removing the CAC
authority to expand the board to 15 members, as current law
allows.
CSC, which was authorized by legislation in 1988 and formed in
1989, promotes the marketing of salmon and salmon products. In
1988, 1.3 million salmon were caught in California's salmon
fishery. Since that time the California salmon fishery has been
decimated due to low salmon runs. In 2007, 117,000 salmon were
caught. In 2008 and 2009, the California salmon fishery was
closed due to poor returns of Sacramento spawning salmon. The
state and the federal government are working to restore
California salmon runs.
According to CSC, over the past few years, CSC has been asked to
participate in meetings with federal and state agencies
responsible for managing the fishery. These meetings and
discussions have been focused on management of salmon resources
and CSC believes this is outside its scope of authority. This
bill, in granting the authority to present facts and negotiate
on matters that affect CSMDA, in conjunction with the existing
law that CSMDA be construed liberally, would grant broad new
powers to CSC. While this is a departure from the traditional
role of councils, CDFA will have to approve any actions taken by
CSC.
The committee may wish to consider if granting new and broad
authority to CSC is appropriate and warranted or if it would be
appropriate to expand CSC's authority more narrowly.
RELATED LEGISLATION : AB 606 (Ma), Chapter 366, Statutes of
2009, created the California Blueberry Commission with
prescribed membership, powers, duties and responsibilities, and
required a positive referendum vote by blueberry producers and
handlers. This legislation provided for no term limits.
AB 1834 (Garcia), Chapter 83, Statutes of 2006, deleted the
restriction of four consecutive terms that each member of the
board or alternative member may serve on CDC.
AB 2257 (Salinas), Chapter 167, Statutes of 2004, provided that
CPC's marketing year begin in March and end in February of the
following year; authorized the commission to re-establish
district boundaries by a two-thirds vote in order to ensure
proper representation; eliminated provisions relative to the
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three-year term of office for each member; and, made other
changes to CPC's operations.
AB 2761 (Committee on Agriculture), Chapter 399, Statues of
1998, permitted councils and commissions to be recognized by the
United States Department of Agriculture for the purpose of
regulating the handling of agricultural commodities and extended
CAC board member's terms from three to four years and extended
term limits from two consecutive terms to four consecutive
terms.
REGISTERED SUPPORT / OPPOSITION :
Support
California Apple Commission
California Salmon Commission
Opposition
None on file.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084