BILL ANALYSIS                                                                                                                                                                                                    �



                           SENATE COMMITTEE on AGRICULTURE
                          Senator Cathleen Galgiani, Chair

          BILL NO:    AB 1642                   HEARING:  06/17/14
          AUTHOR:   Chesbro                     FISCAL:  Yes
          VERSION:  02/11/14                    CONSULTANT:  Anne Megaro
          
                           Pest control: Pierce's disease.

           SUMMARY  :
          
          This bill would extend sunset dates for provisions relating to  
          Pierce's disease and the glassy-winged sharpshooter.
          

           BACKGROUND AND EXISTING LAW  :

          Pierce's disease is fatal to grapevines and is caused by a  
          bacterium, Xylella fastidiosa, which obstructs the grapevines'  
          water channels and eventually kills the plant by preventing  
          water transport through the vine.  Although Pierce's disease has  
          been detected in California for over 100 years, it wasn't until  
          the 1990s that it became a serious threat when the glassy-winged  
          sharpshooter, an invasive leafhopper pest, became established in  
          California.  Pierce's disease is readily spread by leafhopper  
          insects as they feed on grapevines, and the glassy-winged  
          sharpshooter has proven to be an effective transmitter.   
          According to CDFA, Pierce's disease has been reported in 28  
          counties throughout California and threatens the multi-billion  
          dollar winegrape industry, as well as other crops such as  
          almonds, citrus, and stone fruits, which are susceptible to  
          varying strains of the bacterium.

          To combat this disease/vector complex, a task force was created  
          in 1999 that identified the need to create a statewide  
          eradication and control program, and in 2000 the legislature  
          responded by creating the Pierce's Disease Control Program  
          within the California Department of Food and Agriculture (CDFA)  
          and established a coordinating fund to support research and  
          control efforts (Food and Agricultural Code �6045 et seq.).  

          Funding for the Pierce's Disease Control Program is supported  
          through federal, state, and industry sources.  Industry  
          assessment fees are administered by CDFA, whereby California  
          producers of grapes crushed for wine, juice, vinegar,  
          concentrate, or beverage brandy must pay an annual assessment  
          fee capped at $3 per $1000 gross dollar value of grapes  
          assessed.  The secretary, upon recommendation of the Pierce's  
          Disease and Glassy-winged Sharpshooter Board, determines the  




          AB 1642 - Page 2


          assessment rate, which is currently set at $0.75/$1000 value.

          There is no known cure for Pierce's disease.  However, nearly 25  
          years of research have uncovered conventional plant-breeding  
          methods to develop disease-resistant rootstock and grapevines  
          and identified biological control methods.  Researchers are  
          continuing to develop new technologies to find a solution to  
          Pierce's disease.
           PROPOSED LAW  :

           This bill:

              1.   Updates findings and declarations to increase the value  
               of the California grape industry to $60 billion.

             2.   Extends from March 1, 2016 to March 1, 2021 the  
               inoperative date, and from January 1, 2017 to January 1,  
               2022 the repeal date, of the Pierce's Disease Control  
               Program and Management Account.

             3.   Extends from March 1, 2016 to March 1, 2021 the repeal  
               date of the Pierce's Disease and Glassy-winged Sharpshooter  
               Board, assessment rate, reporting requirements, and other  
               provisions of statute regarding the disease and its vector.

             4.   Extends from March 1, 2011 to March 1, 2016 the  
               inoperative date of provisions regarding Pierce's disease  
               and the glassy-winged sharpshooter, unless a referendum is  
               conducted that results in a favorable vote.

             5.   Extends from April 15, 2010 to April 15, 2015 the date  
               that the secretary shall establish a list of persons  
               eligible to vote in said referendum.

             6.   Extends the sunset date of the Pierce's Disease Advisory  
               Task Force from March 1, 2016 to March 1, 2021.


           COMMENTS  :

           Need for this bill:   According to the author, Pierce's disease  
          is still a threat and this bill would extend the operation date  
          of the Pierce's Disease Control Program, allowing CDFA to  
          continue funding programs and research towards stopping the  
          glassy-winged sharpshooter and controlling Pierce's disease.

           Model example:   The annual CDFA report on Pierce's disease  





          AB 1642 - Page 3


          states that the Pierce's Disease Control Program has served as a  
          model for other pest and disease control programs and has been  
          highly successful over the last 10 years, mainly due to the  
          successful cooperative efforts of state and federal government,  
          winegrape growers, and researchers.  Supporters agree, stating  
          that the program "has been proven to be a successful venture  
          between industry and government.  Through the industry  
          assessment, growers make a commitment to generate revenue that  
          in turn has attracted tens of millions of dollars of federal  
          contributions to fund the fight against Pierce's Disease."

           Referendum:   A successful industry referendum vote is required  
          to sustain the extended operative dates for provisions of this  
          bill, other than the advisory task force.  

           Spelling error:   The bacterium, Xylella fastidiosa, is  
          misspelled in current law (Food and Agricultural Code �6045).  

           RELATED LEGISLATION  :

          SB 2 (Wiggins), Chapter 325, Statutes of 2009.  Extends the  
          authorized use of funds within the Pierce's Disease Management  
          Account for purposes relating to other pests and diseases and  
          extends sunset dates to 2016 for provisions relating to Pierce's  
          disease and the glassy-winged sharpshooter.

          SB 1650 (Chesbro), Chapter 485, Statutes of 2004.  Extends  
          sunset dates to 2011 for provisions relating to Pierce's disease  
          and the glassy-winged sharpshooter.

          SB 295 (Chesbro), Chapter 12, Statutes of 2005.  Makes  
          conforming changes and clarifies provisions relating to Pierce's  
          disease and the glassy-winged sharpshooter.

          AB 1394 (Wiggins), Chapter 103, Statutes of 2001.  Creates the  
          Pierce's Disease and Glassy-winged Sharpshooter Board.

          SB 671 (Chesbro), Chapter 21, Statutes of 2000.  Creates the  
          Pierce's Disease Control Program and Management Account within  
          CDFA and appropriates $6.7 million from the General Fund to this  
          account to combat Pierce's disease or its vectors.

          AB 1232 (Agriculture), Chapter 627, Statutes of 1999.   
          Appropriates $750,000 for Pierce's disease research provided  
          that $250,000 in private contributions is committed from the  
          viticulture and enology industry; creates a task force to advise  
          the secretary of CDFA on the control and management of Pierce's  





          AB 1642 - Page 4


          disease.


           PRIOR ACTIONS  :

          Assembly Floor      76-0
          Assembly Appropriations  16-0
          Assembly Agriculture       6-0


           SUPPORT  :
          
          California Association of Winegrape Growers (Cosponsor)
          Family Winemakers of California (Cosponsor)
          Wine Institute (Cosponsor)
          County of Santa Clara


           OPPOSITION  :
          
          None received