BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2695|
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THIRD READING
Bill No: AB 2695
Author: Hernandez (D), et al
Amended: 8/2/10 in Senate
Vote: 21
SENATE FOOD AND AGRICULTURE COMMITTEE : 4-1, 6/15/10
AYES: Florez, Emmerson, Hancock, Wolk
NOES: Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : 9-1, 6/28/10
AYES: Kehoe, Cox, Alquist, Corbett, Denham, Leno, Price,
Wolk, Yee
NOES: Walters
NO VOTE RECORDED: Wyland
ASSEMBLY FLOOR : 58-18, 6/1/10 - See last page for vote
SUBJECT : California Nursery Producers Commission
SOURCE : Author
DIGEST : This bill creates, subject to approval by an
industry referendum, the 16-member California Nursery
Producers Commission, within the Department of Food and
Agriculture, to serve the marketing and research interests
of the nursery industry in the state.
ANALYSIS : Existing law allows for the establishment of
commissions and councils to advance the interests of
California agriculture and seafood industries. Commission
CONTINUED
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law declares that California agriculture and seafood
industries are vitally important elements of the state's
economy and are supported by state-established commissions
and councils mandated to enhance and preserve the economic
interests of California. The Legislature finds and
declares that commissions and councils implement public
policy through their express conduct and these programs are
among the broad range of state-mandated regulatory programs
that are funded by industry, generally through user fees
assessed in accordance with each person's relationship to a
particular program. The Legislature further declares that
these commissions and councils are established to reflect a
commitment to California agriculture and seafood
industries, represent a policy of support for self-help and
public-private partnerships, provide a benefit to the
entire industry and all Californians, and are intended to
enhance the image of California agriculture and seafood
products.
This bill:
1. Creates the California Nursery Producers Commission and
specifies the powers, duties, and responsibilities of
the Commission.
2. Authorizes the Commission to levy an annual assessment,
not to exceed $0.0006 per dollar of sales, on producers
of nursery products and authorizes the expenditure of
these funds for purposes of implementing and
administering the bill's provisions.
3. Does not become effective until eligible producers, by
referendum, vote in favor of these provisions.
4. Authorizes the Commission to levy a civil penalty not to
exceed $1,000 on a person who willfully renders or
furnishes false information, as specified, and also
authorizes the Commission to bring civil actions and
other remedies to enforce the bill's provisions and
regulations adopted pursuant to these provisions.
5. Provides for the continuation and suspension of the
operation of its provisions and for concluding the
operations of the Commission.
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Comments
Supporters state this bill creates the first nursery
commission in California to promote and represent the
interests of the second largest commodity in the state.
California nurseries provide $4 billion in farm gate value,
producing nursery crops in 55 of California's 58 counties.
The California nursery industry faces numerous regulatory,
research, and marketing challenges in California. The
establishment of a commission would address the need within
the nursery industry for a unified voice from the nursery
industry to the public and regulatory agencies on the
importance of California's nursery industry. A nursery
commission would help the industry with improved marketing
of California nursery products. California nurseries are
under increasing pressure from invasive pests, causing
increased costs and challenges transporting nursery
products. A commission would help the industry respond to
the pressures of invasive pests, help educate the public,
and be an industry asset in combating current and future
invasive pest threats.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
New marketing commission
- administration Up to $40 $20-$30
ongoingSpecial*
- revenues Up to ($3,000**) annually
Special*
* Industry assessment deposited in the Department of Food
and Agriculture Fund
**Based on one-tenth of one cent ($0.001) assessment rate
which is capped at six-tenths of one cent
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SUPPORT : (Verified 7/26/10)
California Association of Nurseries and Garden Centers
California Association of Pest Control Advisors
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Bill Berryhill,
Block, Blumenfield, Bradford, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Conway,
Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer,
Fong, Fuentes, Fuller, Furutani, Galgiani, Garrick,
Gilmore, Harkey, Hayashi, Hernandez, Hill, Huffman,
Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, Nielsen, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Solorio, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NOES: Adams, Anderson, Blakeslee, Cook, DeVore, Emmerson,
Fletcher, Gaines, Hagman, Huber, Jeffries, Knight, Logue,
Miller, Nestande, Niello, Norby, Smyth
NO VOTE RECORDED: Tom Berryhill, Hall, Audra Strickland,
Vacancy
TSM:mw 8/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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