BILL ANALYSIS
AB 1912
Page 1
Date of Hearing: April 14, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 1912 (Evans) - As Amended: April 8, 2010
SUBJECT : California Apiary Research Commission.
SUMMARY : Creates the California Apiary Research Commission
(CARC) with prescribed membership, powers, duties and
responsibilities, and requires positive referendum vote by
producers, as specified, to activate. Specifically, this bill :
1)Provides declarations and general provisions for CARC,
including stating that CARC is necessary for efficient
management and creation of research programs relating to honey
bee health, pest and disease management, colony management
practices and education programs.
2)Provides definitions including defining a producer as an
individual beekeeper or business that owns and/or operates
more then 50 bee colonies in California, defining an
out-of-state beekeeper as a producer whose principal residence
is in an area outside of California, and defines four CARC
districts as follows:
a) District 1 consists of the California Counties
(counties) of Marin, Sonoma, Napa, Solano, Sacramento, El
Dorado, and all counties north of these counties;
b) District 2 consists of the counties of San Luis Obispo,
Kern, Inyo and all counties north of these counties up to
the southern boundary of District 1;
c) District 3 consists of all counties south of District 2;
and,
d) District 4 consists of all areas not in California.
3)Establishes CARC, composed of six assessment paying producers,
one public member, and ex officio members. Each district
shall have at least one producer member whose principle
resident is in that district. The public member is to be
appointed by the Secretary (Secretary) of the California
Department of Food and Agriculture (CDFA) from nominees
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recommended by CARC.
4)Provides that the Secretary and other appropriate members as
determined by CARC shall be ex officio members.
5)Permits the Secretary to correct or cease the activities or
functions of CARC when it is determined they are not in the
public interest or in violation of this chapter, by specified
procedures.
6)Requires CARC to reimburse the Secretary for all expenditures
incurred in carrying out this Chapter.
7)Provides each member, except for ex officio members, shall
have an alternate elected in the same fashion as the member.
Vacancies are to be filled by appointment for the unexpired
term of office, by a majority vote of CARC. Designates a
quorum as a majority CARC members, while a majority vote of
members present at a meeting, at which a quorum is present,
constitutes an act of CARC.
8)Requires the Secretary, on decisions needing concurrence, to
respond within 15 working days of notification.
9)Requires all proceeds from assessments be deposited in
designated banks and disbursement ordered by CARC be by
designated agents of CARC.
10)Establishes that the state is not liable for acts of CARC or
its agents, and that no CARC member, alternate member, or
employees of CARC shall be personally liable or individually
responsible for errors, omissions, or acts of CARC, except for
their own individual acts of dishonesty or crime.
11)Establishes CARC's duties and powers to include, but not be
limited, to the following:
a) Adopt, alter, rescind, modify and amend bylaws rules,
regulations and orders to carryout this Chapter. Includes
rules for appeals;
b) Administer, enforce, perform all acts and exercise all
powers incidental to the purpose of this Chapter;
c) Appoint officers with powers and duties delegated to
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them by CARC;
d) Hire personnel to manage and carry out the functions of
CARC, including compensation;
e) Appoint committees of CARC members and non-members to
advise CARC;
f) Establish offices, enter into contracts and agreements,
create liabilities, borrow funds, keep accurate books,
records and accounts subject to annual audits, which are to
be part of the annual report and be submitted to the
Legislature. Further, permits the Secretary to conduct a
fiscal and compliance audit when determined to be
necessary;
g) Authorizes, in regards to matters affecting the health
and welfare of honey bees and beekeeping industry,
education and instruction of beekeepers and the public;
market surveys; negotiations with state, federal and
foreign agencies; scientific research; acceptance of
private, state and federal funds for such; and,
h) Establishes an assessment to defray operating costs and
an annual budget, that is concurred in by the Secretary,
plus an annual statement of contemplated activities.
12)Requires the Secretary, within 180 days of the effective date
of this bill, to establish a list of local and out of state
producers eligible for a referendum vote, but the chapter is
not operative except for the referendum vote. For the
referendum to pass, it must meet the following criteria:
a) At least 30% by number of the total producers from the
list must participate in the vote and either of the
following must occur:
i) 65% of the producers who voted in the referendum
voted in favor of this Chapter, and the producers so
voting owned or operated a majority of the total quantity
of colonies maintained in the preceding marketing season
by all of the producers voting in the referendum; or,
ii) A majority of the producers who voted in the
referendum voted in favor of this Chapter, and the
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producers so voting owned or operated 65% or more of the
total quantity of colonies maintained in the preceding
marketing season by all of the producers voting in the
referendum.
13)Provides that prior to the referendum, the proponents of the
referendum shall deposit funds to cover the cost of the
referendum with the Secretary.
14)Requires CARC to establish an assessment for the following
marketing season no later then March 1 of each year. The
annual assessment may not be greater then one dollar per
colony. Establishes procedures for collection, payment, and
tracking and reporting, including penalties of 10% for failure
to pay with an interest rate on unpaid balances of 1.5% per
month.
15)Requires every producer, including beekeepers exempt from the
payment of the assessment, to keep records of their total
number of colonies used for commercial use. Requires the
records to be kept for five years and made available to CARC
upon written demand. Proprietary information collected shall
be confidential and not made public unless under court order.
a) Information required for reports to governments,
financial reports to CARC or aggregate sales and inventory
information, if stripped of an individual's information,
may be disclosed by CARC.
16)Establishes a civil violation of $1000.00 for the following:
a) Willfully render or furnish a false report, statement,
or record required by CARC;
b) Fail to render or furnish a report, statement, or record
required by the CARC; or,
c) Secrete, destroy, or alter records required to be kept
under this chapter.
17)Provides methods for continuation or suspension or
termination of CARC, including requiring the Secretary, after
five years of implantation, to hold a hearing to determine
whether it should continue, which may prompt another
referendum, or CARC, with a 2/3 vote of the board, may
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recommend suspension of CARC to the Secretary.
18)Makes a legislative declaration that information required to
be submitted to CARC that is personal or sensitive business
information is protected as confidential information.
EXISTING LAW authorizes various marketing and promotion
commissions (commissions) to promote the production and
marketing of California agricultural commodities. Commissions
have a variety of powers covering promotion, advertising,
education, production or post-harvest research, and quality
standards and inspections. Commissions cover a variety of
commodities. (Food and Agriculture Code Section 64001-79304)
FISCAL EFFECT : This bill is keyed fiscal by Legislative
Counsel.
COMMENTS : According to the sponsor, honey bees are a critical
component of the Agricultural community. Honey bees pollinate
approximately $6 billion worth of crops in California. Urban
development and the on-going water crisis have diminished bee
food supplies. Colony Collapse Disorder has reduced the
nation's bee population by 25% in the past three years. The
decline of honey bees has created issues for other agricultural
sectors that rely on honey bees for pollination of crops. The
sponsor believes there is a need for organized research to
protect the health of honey bees to avoid an imbalance for our
agricultural food supply.
According to CDFA, the purpose of marketing programs is to
provide agricultural producers and handlers an organizational
structure, operating under government sanction, which allows
them to solve production and marketing problems collectively
that they could not address individually. Current marketing
programs' activities include commodity promotion, research, and
maintenance of quality standards. Commissions provide a
structure for solving problems and also provide a vehicle for
collecting funds to support activities. There are 20 active
commissions under current law.
For accomplishing the purposes stated by the author for the
beekeeping industry, a commission may be an appropriate entity.
Current commissions and marketing orders have been successful in
expanding markets, improving the quality, and providing more
research for pests and disease prevention. In recent years, one
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commission was terminated by the industry and another had an
audit by the Secretary, which revealed potential misuse of
funds. This bill has language requiring annual audits and that
the Secretary may conduct, upon determination of the need, a
fiscal and administrative audit of CARC.
On page 4, line 33, this bill defines District 4 as "all areas
outside California". There are many beekeepers and businesses
whose primary residences are outside of California, but operate
more than 50 colonies in California during pollination season.
The out of state beekeepers (OSB), under this bill, will be
assessed and be voting member with at least one seat guaranteed
on the CARC. There are no commissions within California with
out of state producers or handlers on the board. The committee
may wish to consider if allowing OSB to participate on a
commission which exercises the power of state in it daily
operations is in the public interest or if the uniqueness of
this industry warrants the change in public policy.
PENDING LEGISLATION : AB 2695 (Hernandez) of 2010 creates the
California Nursery Producers Commission with prescribed
membership, powers, duties and responsibilities, and requires
positive referendum vote by nursery product producers, as
specified, to activate.
PREVIOUS 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, as specified, to activate.
SB 303 (Chesbro), Chapter 597, Statutes of 2005, authorized the
Mendocino County Winegrape and Wine Commission (MCWWC), and
provided that, upon approval of a referendum of producers and
processors, MCWWC may establish and collect an assessment from
Mendocino winegrape producers and processors in order to further
research and facilitate the successful and orderly marketing of
Mendocino County winegrapes.
SB 1540 (Alpert), Chapter 973, Statutes of 2002, created the
California Sea Urchin Commission (CSUC) with a prescribed
membership, and specified the powers, duties and
responsibilities of CSUC, which is authorized to carry out
programs of education, promotion, marketing, and research
relating to sea urchins. Authorized CSUC to levy an assessment,
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as specified, on sea urchin divers and handlers and authorized
the expenditure of those funds for the purpose of carrying out
the provisions of CSUC.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Beekeepers Association (sponsor)
Opposition
None on file.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084