BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      


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                                 UNFINISHED BUSINESS


          Bill No:  SB 348
          Author:   Galgiani (D)
          Amended:  8/7/13
          Vote:     21


           SENATE AGRICULTURE COMMITTEE  :  4-0, 4/2/13  
           AYES:  Galgiani, Cannella, Berryhill, Lieu
          NO VOTE RECORDED:  Wolk
           
          SENATE APPROPRIATIONS COMMITTEE  :  7-0, 4/15/13  
           AYES:  De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg

           SENATE FLOOR  :  38-0, 4/22/13
          AYES:  Anderson, Beall, Berryhill, Block, Calderon, Cannella,  
            Corbett, Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,  
            Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,  
            Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,  
            Padilla, Pavley, Price, Roth, Steinberg, Walters, Wolk,  
            Wright, Wyland, Yee
          NO VOTE RECORDED:  Vacancy, Vacancy

           ASSEMBLY FLOOR  :  76-0, 9/3/13 - See last page for vote


           SUBJECT  :    Agricultural seed:  county seed enforcement  
          subventions

           SOURCE  :     California Seed Association


           DIGEST  :    This bill extends the operation and repeal dates for  
          provisions of the California Seed Law (CSL), including an annual  
          county subvention for enforcement activities necessary to carry  
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          out these provisions, until July 1, 2016 and January 1, 2017,  
          respectively.

           Assembly Amendments  revise the operation and repeal dates for  
          provisions of the CSL until July1, 2016 and January 1, 2017,  
          respectively.

           ANALYSIS  :    Existing law establishes the CSL which provides for  
          an optional subvention program under which a county may enter  
          into a cooperative agreement with the Secretary of Food and  
          Agriculture (Secretary) to receive an annual apportionment of  
          funds from the Secretary for maintaining a statewide compliance  
          level on all seed within the county.  Under those provisions, a  
          county with no registered seed labelers may annually receive  
          $100, at the discretion of the Secretary, and a county with  
          registered seed-labeler operations may annually receive a  
          subvention based on enforcement activity generated by the  
          registered seed-labeler operations within the county and upon  
          the performance of enforcement activities necessary to carry out  
          the provisions of the CSL.  Existing law makes those provisions  
          inoperative on July 1, 2014, and repeals those provisions on  
          January 1, 2015.

          This bill extends the operation of these provisions until July  
          1, 2016, and repeals the provisions on January 1, 2017.

           Background
           
          The CSL was enacted in 1967 to ensure that agricultural and  
          vegetable seed is properly and accurately identified on the  
          product label.  Seed is analyzed through the Seed Services  
          program administered by the California Department of Food and  
          Agriculture (CDFA).  The CSL is locally enforced by county  
          agricultural commissioners who enter into cooperative agreements  
          with the Secretary of CDFA and agree to maintain a statewide  
          compliance level on all seed sold in the county.  In return,  
          county agricultural commissioners receive annual subvention  
          payments for expenses incurred in association with approved  
          enforcement work plans.

          Funding for this program is entirely supported through industry  
          seed assessments and registration fees and is administered by  
          the CDFA.  Every labeler of agricultural or vegetable seed  
          offered for sale in California, or any person who sells that  

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          seed in this state, must annually register as a seed labeler and  
          pay an annual fee of $40.  In addition, those who are registered  
          seed labelers must also pay an assessment capped at 40 cents per  
          $100 gross annual dollar volume sales.  The Secretary shall  
          determine the rate of assessment, not to exceed the department's  
          cost of carrying out these provisions.

          CDFA allocates $120,000 for subvention payments among all  
          counties for costs incurred by enforcement of the CSL.  At the  
          discretion of the Secretary and upon recommendation of the Seed  
          Advisory Board, counties with no registered seed labelers may  
          annually receive $100.  Counties with registered seed labelers  
          shall receive subventions based upon the volume of work  
          performed.

          Currently, there are 13 counties that do not have registered  
          seed labelers and receive subvention funds:  Alpine, Amador,  
          Calaveras, Del Norte, El Dorado, Inyo, Lake, Mariposa, Mono,  
          Plumas, Sierra, Trinity, and Tuolumne.  In addition, there are  
          three counties with registered seed labelers that received  
          subvention funds but did not complete approved work plans:   
          Contra Costa, Marin, and Napa.

           Prior Legislation

           AB 1255 (T. Berryhill, Chapter 281, Statutes of 2009), extends  
          to January 1, 2015, the operation of provisions of the  
          California Seed Law (CSL), including a subvention program.

          AB 856 (Galgiani, Chapter 425, Statutes of 2008), extends to  
          January 1, 2010, the operation of provisions of the CSL,  
          including a subvention program; provides that the minimum $100  
          subvention may not be allocated to counties without registered  
          seed labelers.

          AB 315 (Salinas, Chapter 394, Statutes of 2003), requires the  
          Secretary to pay a total annual subvention to counties of  
          $120,000; extends to July 1, 2009, the operation of provisions  
          in the CSL.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to Senate Appropriations Committee, currently, CDFA  

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          sends $120,000 per year (special funds) to California's counties  
          in order to fund the enforcement of the CSL provisions.

           SUPPORT  :   (Verified  9/1/13)

          California Seed Association (source)
          Rural County Representatives of California

           ASSEMBLY FLOOR  :  76-0, 9/3/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Harkey, Roger Hern�ndez, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,  
            Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel  
            P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. P�rez
          NO VOTE RECORDED:  Hall, Patterson, Vacancy, Vacancy


          JL:ej  9/3/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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