Amended in Senate March 26, 2014

Senate Bill No. 1018

Introduced by Senator De León

February 14, 2014

An act to amend begin delete Section end delete begin insert Sections 5915 and end insert 5918 of the Food and Agricultural Code, relating to pest control.

LEGISLATIVE COUNSEL’S DIGEST

SB 1018, as amended, De León. Pest control: citrus disease prevention begin delete : expenditure reimbursement. end delete begin insert prevention. end insert

Existing law creates in the Department of Food and Agriculture the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years. begin insert Under existing law, the committee is required to develop and make recommendations to the Secretary of Food and Agriculture on all matters regarding the implementation of the citrus pest and disease prevention program. end insert

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This bill would prohibit the secretary from altering any citrus pest and disease prevention program or activity submitted by the committee to, and approved by, the secretary without first obtaining approval for the alteration from the committee.

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Existing law requires the committee to reimburse the begin delete Secretary of Food and Agriculture end delete begin insert secretary end insert for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee.

This bill would require that all expenditures be reasonable and begin delete that expenditures charged by the department not exceed a total of 14% of the assessments collected pursuant to the citrus pest and disease prevention program, unless the committee is notified and approves of end delete begin insert would prohibit the secretary from seeking reimbursement for costs that exceed expenditures developed by the committee without first obtaining approval for end insert the additional begin delete expense end delete begin insert expenditures from the committee end insert .

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 5915 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

5915.  

(a) The powers and duties of the committee are limited
to activities involving the producers of citrus fruit and residential
owners of citrus fruit or other host material.

(b) The committee may do all of the following:

(1) Develop, subject to the approval of the secretary, a statewide
citrus specific pest and disease work plan that includes, but is not
limited to, the following:

(A) Informational programs to educate and train residential
owners of citrus fruit, local communities, groups, and individuals
on the prevention of pests, and diseases and their vectors, specific
to citrus.

(B) Programs for surveying, detecting, analyzing, and treating
pests and diseases specific to citrus involving producers of citrus
fruit and residential owners of citrus fruit and host materials, except
as provided in Section 5930.

(2) Submit recommendations to the secretary on, but not limited
to, the following:

(A) Annual assessment rate.

(B) Annual budget.

(C) Expenditures necessary to implement the statewide work
plan developed pursuant to this section.

(D) The amount of fees to be levied, as provided in Section
5919.

(E) The receipt of money from other sources to pay any
obligation of the committee and to accomplish the purposes of the
committee in the manner provided in this article.

(3) Recommend to the secretary the adoption of regulations
consistent with the powers and duties of the committee.

(c) The committee shall not engage in any activity deemed by
the secretary to be contradictory to any eradication program or
quarantine implemented to combat citrus specific pests, diseases,
or related vectors.

(d) For any program or activity occurring pursuant to this
section, the department shall be the lead agency, unless an
agreement is reached between the committee and the secretary to
authorize another agency within the state or local government to
act as lead for specific activities.

begin insert

(e) Any program or activity submitted by the committee to, and
approved by, the secretary pursuant to this section shall not be
altered without first obtaining approval for the alteration from the
committee.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 5918 of the Food and Agricultural Code is
amended to read:

5918.  

(a) The committee shall reimburse the secretary for all
reasonable expenditures incurred by the secretary in carrying out
his or her duties and responsibilities pursuant to this article,
including the costs of implementing and administering the
administrative, enforcement, and regulatory recommendations of
the statewide work plan developed by the committee.

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(b) Expenditures charged by the department shall not exceed a
total of 14 percent of the assessments collected pursuant to this
article, unless the committee is notified and approves of the
additional expense.

end delete begin insert

(b) The secretary shall not seek reimbursement for costs that
exceed expenditures developed by the committee without first
obtaining approval for the additional expenditures from the
committee.

end insert