BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1795|
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THIRD READING
Bill No: AB 1795
Author: Assembly Agriculture Committee
Amended: 8/3/10 in Senate
Vote: 21
SENATE FOOD AND AGRICULTURE COMMITTEE : 5-0, 6/15/10
AYES: Florez, Emmerson, Hancock, Hollingsworth, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/22/10 (Consent) - See last page
for vote
SUBJECT : California Citrus Advisory Committee:
California Apple
Commission: California Salmon Council:
California
Blueberry Commission
SOURCE : Author
DIGEST : This bill (1) eliminates term limits for members
of the California Apple Commission, (2) permits the
California Salmon Council to present facts to and negotiate
with state, federal, and foreign agencies on matters that
affect the California Salmon Marketing and Development Act,
(3) requires an annual assessment to be imposed by the
California Blueberry Commission, and (4) makes other
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changes to provisions of law relating to the California
Citrus Advisory Committee.
ANALYSIS : Existing law provides that there is in the
Department of Food and Agriculture (DFA) the California
Citrus Advisory Committee (Committee), comprised as
specified. The Committee is required to develop and make
recommendations to the Secretary of DFA on all matters
regarding the implementation of certain provisions of law
relating to citrus fruit crops, including certain specified
matters. Existing law requires producers of navel oranges,
Valencia oranges, lemons, or mandarin citrus varieties
grown in this state and prepared for fresh market in
certain counties of the state to pay an assessment, as
provided, based on the number of cartons shipped. The
assessment is for the purpose of conducting an inspection
program in certain counties in the state and funding a crop
survey program.
This bill requires the Committee to annually recommend to
the secretary the assessment rate and instead provides that
the assessment be based on the number of 40-pound carton
equivalents produced. This bill also defines "carton" to
mean a unit equivalent to 40 pounds of citrus fruit.
Existing law authorizes the committee to recommend to the
secretary that no assessment, as described above, be
collected from these growers of navel oranges, Valencia
oranges, lemons, or mandarin citrus varieties if no
inspection program or crop survey exists for that
particular orange or citrus variety.
This bill also authorizes the Committee to recommend to the
Secretary an assessment less than the amount specified in
existing law.
This bill provides that the adoption, amendment, or repeal
of assessment rates shall not be subject to certain
rulemaking provisions. This bill authorizes the Secretary
to issue an order to adopt, amend, or repeal the
regulations concerning assessment rates. This order, which
this bill requires to contain specified information and to
be transmitted within 30 days by the Secretary to the
Office of Administrative Law, would be required to be filed
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promptly with the Secretary of State by the Office of
Administrative Law without further review.
Existing law requires the assessment to be collected from
the producer by the first handler, as defined, and remitted
to the department by that handler, along with an assessment
form, at the end of each month during the marketing season.
Under existing law, it is unlawful, upon the establishment
of an inspection program, for any handler to refuse to
collect the assessments or remit the assessments and the
proper forms.
This bill prohibits a handler from charging a producer an
administrative fee for collecting or remitting an
assessment. This bill authorizes a producer who disputes
the assessment amount to file a claim with the Secretary
and provides that a producer may not bring a claim against
a handler for damages, or otherwise, in connection with the
assessment or the required deduction by the handler of the
moneys owed to the producer. By imposing new requirements
on handlers and producers, the violation of which would be
a crime, this bill creates new crimes and thereby imposes a
state-mandated local program.
Existing law establishes in state government the California
Apple Commission (Commission), which consists of 12 apple
producer and handler members and one public member.
Existing law specifies that the term of office of each
member of the Commission, except ex officio members, is
four years, and limits the number of terms of office of
each member to four consecutive terms.
This bill deletes the limitation on the number of terms of
office.
Existing law establishes in state government the California
Salmon Council (Council) and provides that the Council may,
subject to the approval of the Secretary of DFA, exercise
specified powers which may be delegated to the council by
the Secretary, including, among others, the power to make
contracts and other agreements to promote the sale of
salmon and salmon products on either a local, state,
national, or international basis.
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This bill also authorizes the Council to present facts to,
and negotiate with, state, federal, and foreign agencies on
matters that affect the provisions relating to the Council.
Existing law establishes in state government the California
Blueberry Commission (CBC) and requires the CBC, by March 1
of each year, or as soon thereafter as possible, to
establish an annual assessment to be paid by producers and
handlers of blueberries for the marketing season, which is
defined to mean the period beginning March 1 of any year,
and extending through the last day of February of the
following year.
This bill instead requires the CBC to establish the
assessment by March 1, 2010, or as soon thereafter as
possible, and, thereafter, by October 1 of each year, or as
soon thereafter as possible. This bill revises the
definition of "marketing season" to mean the period
beginning March 1, 2010, to September 30, 2011, and,
thereafter, beginning October 1 of any year and extending
through September 30 of the following year.
Existing law requires the Secretary of DFA to hold a public
hearing five years after implementation of the provisions
establishing the CBC to determine whether the CBC should be
continued, and every five years thereafter between March 1
and February 28.
This bill changes the dates between which this public
hearing must be conducted and this determination made every
five years to October 1 and September 30.
This bill also makes various technical and clarifying
changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/2/10)
California Apple Commission
California Citrus Mutual
California Salmon Council
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ARGUMENTS IN SUPPORT : Proponents state that this bill
updates the Commission and the Council to reflect the needs
of their industries. California's apple industry has
changed significantly over the last 15 years, shrinking
from 40 apple handlers packing, shipping, and marketing
California apples to only 11 remaining apple handlers.
With the smaller pool of available handlers able and
willing to serve on the Commission, the current term limit
on the board hinders the Commission's ability to meet a
quorum to conduct business and continue functioning for the
future of the industry.
The Council is the only marketing order representing
California salmon fishermen. In recent years, the
California salmon seasons were closed due to reasons beyond
the control of the industry and the government. As a
result, state and federal agencies increased there need to
work on salmon management issues while seeking input from
the California salmon industry through the Council. This
bill allows the Council to participate in discussions and
provide advice to state and federal agencies regarding
issues relevant to California salmon.
This bill makes changes to the California Citrus Advisory
Committee to conform the committees handling of assessment
to AB 281 (De Leon) from 2009. Further, this bill allows
the assessment rate to be adjusted more efficiently to meet
the demands of the industry.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
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Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blumenfield, Caballero, Huber, Huffman,
Norby, Vacancy
TSM:mw 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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