BILL NUMBER: AB 2174	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 3, 2012

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 23, 2012

   An act to amend Section 14611 of the Food and Agricultural Code,
relating to fertilizer.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2174, as amended, Alejo. Fertilizer: reduction of use.
   Existing law requires a person who manufactures or distributes
fertilizing materials to obtain a license from the Secretary of Food
and Agriculture. Under existing law, a licensee whose name appears on
the label who sells or distributes bulk fertilizing materials is
required to pay specified fees for each dollar of sales, including an
amount not to exceed $0.001 per dollar of sales for all sales of
fertilizing materials, to provide funding for research and education
regarding the use and handling of fertilizing material, including,
but not limited to, any environmental effects.
   This bill would specify that the use of the $0.001 per dollar of
sales fee is also for the support of  University of
California Agriculture Extension   specified education
 programs that  advise farmers on measures to reduce
fertilizer use, programs that reduce the impact of fertilizer use on
groundwater quality, and programs to address drinking water
contamination associated with fertilizer use   result in
more efficient use of fertilizer products and minimize the
environmental impacts of fertilizer use, including, but not limited
to, nitrates in groundwater, for the support of research programs
that increase awareness of programs for efficient use of fertilizer
products, and for the support of education on eligibility for funding
for projects that promote efficient use of fertilizer products 
.  The bill would also require these education and research
programs to be prioritized, as specified, for the distribution of
funds from the $0.001 per dollar of sales fee. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14611 of the Food and Agricultural Code is
amended to read:
   14611.  (a) A licensee whose name appears on the label who sells
or distributes bulk fertilizing materials, as defined in Sections
14517 and 14533, to unlicensed purchasers, shall pay to the secretary
an assessment not to exceed two mills ($0.002) per dollar of sales
for all fertilizing materials. A licensee whose name appears on the
label of packaged fertilizing materials, as defined in Sections 14533
and 14551, shall pay to the secretary an assessment not to exceed
two mills ($0.002) per dollar of sales. The secretary may, based on
the findings and recommendations of the board, reduce the assessment
rate to a lower rate that provides sufficient revenue to carry out
this chapter.
   (b) In addition to the assessment provided in subdivision (a), the
secretary may impose an assessment in an amount not to exceed one
mill ($0.001) per dollar of sales for all sales of fertilizing
materials, to provide funding for research and education regarding
the use and handling of fertilizing material, including, but not
limited to, support for University of California  Agriculture
Extension programs that advise farmers on measures to reduce
fertilizer use, programs that reduce the impact of fertilizer use on
groundwater quality, programs to address drinking water contamination
associated with fertilizer use, and other environmental effects.
  Cooperative Extension, the California Resources
Conservation Districts, other California institutions of
postsecondary education, or other qualified entities to develop
programs in the following areas:  
   (1) Technical education for producers, as described in Sections
55408 and 64507, in the development and implementation of nutrient
management projects that result in more efficient use of fertilizer
products and minimize the environmental impacts of fertilizer use,
including, but not limited to, nitrates in groundwater.  
   (2) Research to assist producers, as described in Sections 55408
and 64507, to improve nutrient management practices resulting in more
efficient uses of fertilizer products and to minimize the
environmental impacts of fertilizer use, including, but not limited
to, nitrates in groundwater.  
   (3) Education to producers, as described in Sections 55408 and
64507, to increase awareness of the following:  
   (A) Efficient use of fertilizer products to reduce the
environmental impacts resulting from the over use or inefficient use
of fertilizing materials.  
   (B) The use of funds under this subdivision and eligibility
requirements for funding for projects that promote efficient
fertilizer use and reduce environmental impacts resulting from the
over use or inefficient use of fertilizing materials.  
   (c) The distribution of funds to programs under paragraphs (1) to
(3), inclusive, subdivision (b) shall be prioritized in the order in
which they are listed.