BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2695
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2695 (Hernandez)
          As Amended  August 9, 2010
          Majority vote
           
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          |ASSEMBLY:  |58-18|(June 1, 2010)  |SENATE: |23-8 |(August 12,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    AGRI.  

           SUMMARY  :  Creates, subject to approval by an industry  
          referendum, the 16-member California Nursery Producers  
          Commission (CNPC) within the Department of Food and Agriculture  
          (CDFA) to serve the marketing and research interests of the  
          nursery industry in the state. 
           
          The Senate amendments  :

          1)Lower, from $5 million to $2.5 million, the amount of gross  
            dollar value of nursery products produced in the definition of  
            producer.

          2)Disallow the CNPC from changing the dollar amount in the  
            definition of producer.

          3)Disallow the CNPC from changing the assessment rate by a vote  
            of CNCP.

          4)Add definitions for three district's geographical boundaries  
            and the number of nursery producers from each district who may  
            be elected to CNPC.

          5)Allow an assessment rate that is different for various classes  
            of nursery trade, but not exceeding the maximum assessment  
            rate of $0.006 per dollar of gross sales.

          6)Make technical and clarifying changes.

           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  








                                                                  AB 2695
                                                                  Page  2

          standards and inspections.  Commissions cover a variety of  
          commodities (Food and Agriculture Code Sections 64001-79304)

           AS PASSED BY THE ASSEMBLY,  this bill was substantially similar  
          to the version approved by the Senate.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, this bill would cost CDFA $25,000 to $30,000 per  
          year, paid for by CNPC. 

           COMMENTS  :  According to the author, California nurseries face  
          numerous regulatory, research and marketing issues in  
          California.  The industry sees a need for a unified voice to  
          educate the public and regulatory entities about the role  
          California's nursery industry plays in a variety of areas,  
          including water use, reuse and conservation, pest exclusion,  
          economic development, land use and trade.  A commission will  
          bring together this diverse industry under a common entity to  
          assist in accomplishing its goals.  According to the sponsor,  
          there are roughly 600 producers in California, as defined by  
          this bill.
          
          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.


           Analysis Prepared by  :    Victor Francovich / AGRI. / (916)  
          319-2084                                                    


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