BILL ANALYSIS �
SB 1399
Page 1
Date of Hearing: June 18, 2014
ASSEMBLY COMMITTEE ON AGRICULTURE
Susan Talamantes Eggman, Chair
SB 1399 (Galgiani) - As Amended: March 26, 2014
SENATE VOTE : 35-0
SUBJECT : Agricultural seed: county seed enforcement
subventions.
SUMMARY : Extends inoperable dates of the California Seed Law
(CSL) to July 1, 2019, and changes the methodology for county
subventions. Specifically, this bill :
1)Extends from July 1, 2016, to July 1, 2019, the inoperative
dates, and from January 1, 2017, to January 1, 2020, the
repeal dates of an optional county subvention program for
enforcement activities, and other provisions of CSL.
2)Repeals the formula used to calculate the reimbursement of
subvention funds to county agricultural commissioners (CACs)
for work performed enforcing CSL.
3)Authorizes the Secretary of the California Department of Food
and Agriculture (CDFA), in consultation with the Seed Advisory
Board (board), to determine the subvention fund distribution
formula.
4)Repeals the annual calculation for reimbursement for seed
activities between CACs and CDFA, conforming to item 2) above.
EXISTING LAW provides for an optional CSL subvention program
under which a county may enter into a cooperative agreement with
CDFA to receive an annual apportionment of funds for maintaining
a statewide compliance level on all seed within the county; a
county with no registered seed labelers may annually receive
$100, at the discretion of CDFA and upon recommendation of the
board; 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 in
accordance with specified methodology for calculating
apportionments based on units of activity. Existing law becomes
inoperative on July 1, 2016, except as specified, and repeals
SB 1399
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those provisions on January 1, 2017.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, extension of the operative
dates or sunsets, will permit the continued allocation of
industry-derived subvention funds to various counties for the
enforcement of CSL. These payments provide CACs, on behalf of
CDFA, the ability to perform local seed inspection and
enforcement services to ensure that seed sold in California is
properly and accurately identified on the product label.
Without this subvention, it is unlikely that CSL would be
enforced in as cost-effective manner.
The question as to whether the formula used to pay subvention
funds to CACs should be updated to more accurately distribute
the $120,000 among counties, or if this amount should be
increased. This bill would address one issue, by allowing CDFA,
in consultation with the Seed Advisory Board, greater
flexibility and discretion in determining the subvention
distribution formula.
The seed industry and CACs have been in discussion for several
years on updating the distribution formula, including whether
the total monies available for subvention should be increased.
These discussions are ongoing and should be addressed at future
board meetings.
PREVIOUS LEGISLATION : SB 348 (Galgiani), Chapter 385, Statutes
of 2013, extended to January 1, 2017, the operation of
provisions of CSL, including a subvention program.
AB 1255 (Tom Berryhill), Chapter 281, Statutes of 2009, extended
to January 1, 2015, the operation of provisions of CSL,
including a subvention program.
AB 856 (Galgiani), Chapter 425, Statutes of 2008, extended to
January 1, 2010, the operation of provisions of CSL, including a
subvention program, and provided that the minimum $100
subvention may not be allocated to counties without registered
seed labelers.
AB 315 (Salinas), Chapter 394, Statutes of 2003, required CDFA
to pay a total annual subvention to counties of $120,000, and
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extended to July 1, 2009, the operation of provisions in CSL.
REGISTERED SUPPORT / OPPOSITION :
Support
California Agricultural Commissioners and Sealers Association
California Seed Association
Rural County Representatives of California
Opposition
None on file
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084