BILL ANALYSIS
AB 1795
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CONCURRENCE IN SENATE AMENDMENTS
AB 1795 (Agriculture Committee)
As Amended August 3, 2010
Majority vote
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|ASSEMBLY: |74-0 |(April 22, |SENATE: |34-0 |(August 9, |
| | |2010) | | |2010) |
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Original Committee Reference: AGRI.
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);
conforms the California Citrus Advisory Committee (CCAC) to the
California Citrus Pest and
Disease Prevention Committee (CCPDPC); adjusts the fiscal year/
marketing season start date for the California Blueberry
Commission (CBC); and, makes technical and conforming changes.
The Senate amendments add conforming language to CCAC, allow
CCAC to have greater input on the assessment process, and change
the fiscal year start date for CBC.
AS PASSED BY THE ASSEMBLY, this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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 California Department of
Food and Agriculture. 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 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.
AB 1795
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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.
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.
CSC promotes the marketing of salmon and salmon products. CSC
has been asked to participate in meetings, focused on management
of salmon resources, with federal and state agencies responsible
for managing the fishery. This bill would grant the authority
to present facts and negotiate on matters that affect CSMDA.
AB 281 (De Leon) Chapter 426, Statutes of 2009, created CCPDPC,
which among other issues, updated standards for citrus producers
such as carton weight and the right to appeal disputed
assessments. This bill conforms CCAC to the updated CCPDPC
standards and gives CCAC expanded input on the assessment
process.
The CBC, created in 2009, currently has a start of the fiscal
year/marketing season as March 1 of each year. The blueberry
season normally runs from April to September. By switching to a
October 1 start date for CBC's fiscal year/marketing season, CBC
will conform better to the actual growing season.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
AB 1795
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FN: 0005444