Bill Text: CA AB1389 | 2013-2014 | Regular Session | Chaptered
Bill Title: Agriculture.
Spectrum: Unknown
Status: (Passed) 2013-09-27 - Chaptered by Secretary of State - Chapter 383, Statutes of 2013. [AB1389 Detail]
Download: California-2013-AB1389-Chaptered.html
BILL NUMBER: AB 1389 CHAPTERED
BILL TEXT
CHAPTER 383
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2013
APPROVED BY GOVERNOR SEPTEMBER 27, 2013
PASSED THE SENATE SEPTEMBER 6, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE JUNE 10, 2013
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 11, 2013
INTRODUCED BY Committee on Agriculture
MARCH 4, 2013
An act to amend Sections 27571, 78211, 78214, 78225, 78225.5,
78235, 78236, and 78276 of, and to add Article 13 (commencing with
Section 52991) to Chapter 4 of Division 18 of, the Food and
Agricultural Code, relating to agriculture, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1389, Committee on Agriculture. Agriculture.
(1) Existing law requires the Secretary of Food and Agriculture to
appoint a Shell Egg Advisory Committee consisting of 7 members, 6 of
whom are selected by the secretary from egg handlers. Existing law
also requires the secretary to appoint 2 alternates who may serve in
the absence of any of the 6 egg handler representatives. Existing law
further requires the California Agricultural Commissioners and
Sealers Association to annually designate one of its members who is
required to serve in a nonvoting capacity as the 7th member of the
committee and authorizes the secretary to appoint one additional
member of the committee who is required to be a public member.
This bill would instead require the committee to consist of 10
members, 8 of whom are selected by the secretary from egg handlers,
one of whom is designated by the association, and one of whom is
selected by the secretary as a public member.
(2) Existing law establishes the San Joaquin Valley Quality Cotton
District for the purposes of promoting, encouraging, aiding, and
protecting the planting and growing of cotton in California. Existing
law establishes the San Joaquin Valley Cotton Board and establishes
the powers of the board to include, among others, establishing
quality standards and making recommendations to the Secretary of Food
and Agriculture on all matters pertaining to the district. Existing
law provides funding for the board and enforcement of the provisions
through assessments and requires that all moneys received pursuant to
these provisions, which are deposited in the continuously
appropriated Department of Food and Agriculture Fund, be expended
only for purposes of the provisions relating to the San Joaquin
Valley Quality Cotton District.
This bill would make these provisions and related regulations
inoperative on January 1, 2014, except as specified, unless a
resolution is approved to continue the operation of these provisions
or the secretary receives a petition from members of the cotton
industry in the San Joaquin Valley and makes a determination that it
is in the best interests of the cotton industry and the state to
continue these provisions. The bill, if the secretary makes that
specified determination, would authorize the secretary to establish
an advisory committee to advise the secretary. The bill would require
the Department of Food and Agriculture to post whether these
provisions have become operative on its Internet Web site and would
prohibit the secretary from being required to administer any of these
provisions that have become operative or are to remain operative
unless the secretary determines there are sufficient funds to pay the
costs incurred by the secretary, as specified. Because the bill
would authorize the use of continuously appropriated funds for a new
purpose, the bill would make an appropriation.
(3) Existing law establishes the California Asparagus Commission
in the state government, consisting of 12 producers elected by
producers and one public member appointed by the Secretary of Food
and Agriculture to, among other things, conduct programs for
promotion of asparagus sales, including marketing research,
advertising, and promotion. Existing law makes those provisions
applicable to specified geographical areas and divides those areas
into 2 districts.
This bill would delete the provisions dividing the geographical
areas into 2 districts. The bill would authorize the commission to
modify the number of producers who serve on the commission by a 2/3
vote, in accordance with specified procedures, and would specify that
individuals appointed as ex officio members to the commission would
be nonvoting. The bill would delete provisions limiting the term of
office for members and alternate members of the commission to 3
consecutive terms, and would delete provisions specifying that the
commission is a corporate body with specified corporate powers. The
bill would make conforming changes.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27571 of the Food and Agricultural Code is
amended to read:
27571. (a) The secretary shall appoint a Shell Egg Advisory
Committee consisting of 10 members, eight of whom shall be selected
by the secretary from egg handlers and be representative of the egg
industry. The secretary shall appoint two alternates who may serve in
the absence of any of the eight egg handler representatives. The
California Agricultural Commissioners and Sealers Association shall
annually designate one of its members who shall serve in a nonvoting
capacity as the ninth member of the committee. The secretary also
shall select and appoint one public member to the committee pursuant
to subdivision (b). The members of the committee shall receive no
salary.
(b) Upon the secretary's request, the committee shall submit to
the secretary the names of three or more natural persons, each of
whom shall be a citizen and resident of this state and not a
producer, shipper, or processor nor financially interested in any
producer, shipper, or processor, for appointment by the secretary as
a public member of the committee. The secretary may appoint one of
the nominees as the public member on the committee. If all nominees
are unsatisfactory to the secretary, the committee shall continue to
submit lists of nominees until the secretary has made a selection. A
vacancy in the office of the public member of the committee shall be
filled by appointment by the secretary from the nominee or nominees
similarly qualified submitted by the committee. The public member of
the committee shall represent the interests of the general public in
all matters coming before the committee and shall have the same
voting and other rights and immunities as other members of the
committee.
SEC. 2. Article 13 (commencing with Section 52991) is added to
Chapter 4 of Division 18 of the Food and Agricultural Code, to read:
Article 13. Operation
52991. (a) Except as specified in Section 52992, on and after
January 1, 2014, the provisions of this chapter, and any regulations
adopted pursuant to this chapter, shall become inoperative unless
either of the following occurs:
(1) A resolution is approved in accordance with the procedures
specified in subdivision (c) of Section 52891.1, as that section read
on January 1, 2013, to continue the operation of this chapter.
(2) The secretary receives a petition from members of the cotton
industry in the San Joaquin Valley and makes a determination that
circumstances in the California cotton industry indicate that the
operation of specified sections of this chapter is in the best
interests of the cotton industry and the state. If the secretary
makes that determination, the secretary may establish a committee to
advise the secretary. The committee shall be comprised of cotton
growers, handlers of whole cottonseed, handlers of raw cotton fiber,
and representatives of cotton ginning organizations.
(b) If the provisions of this chapter become operative as
described in paragraphs (1) and (2) of subdivision (a), the
department shall post this fact on its Internet Web site.
52992. The following sections of this chapter shall remain
operative and shall be administered by the secretary:
(a) Section 52893 as it relates to certified cottonseed.
(b) Section 52901 as it relates to certified cottonseed and
colored cotton.
(c) Section 52981 as it relates to colored cotton.
52993. The secretary shall not be required to administer this
article or any provisions of this chapter that are operative pursuant
to Sections 52991 and 52992 unless the secretary determines that
there are sufficient funds remaining in the Department of Food and
Agriculture Fund that were deposited and authorized to be expended
for the purposes of this chapter, or from other sources, including
the California cotton industry, to pay the costs incurred by the
secretary.
SEC. 3. Section 78211 of the Food and Agricultural Code is amended
to read:
78211. "Asparagus" means all types of vegetables grown from the
plant family Liliaceae or Lily; Genus, Asparagus officinalis.
SEC. 4. Section 78214 of the Food and Agricultural Code is amended
to read:
78214. This chapter is applicable to the Counties of Alameda,
Alpine, Amador, Calaveras, Contra Costa, Sacramento, San Joaquin, San
Mateo, Sutter, Yolo, the City and County of San Francisco, and all
other counties north of those counties to the Oregon border; and the
Counties of Fresno, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa,
Merced, Mono, Monterey, San Benito, San Bernardino, San Luis Obispo,
Santa Barbara, Santa Clara, Santa Cruz, Stanislaus, Tuolumne,
Tulare, and Ventura.
SEC. 5. Section 78225 of the Food and Agricultural Code is amended
to read:
78225. (a) There is in the state government the California
Asparagus Commission. The commission shall be composed as follows:
(1) Twelve producers who shall be elected by producers subject to
this chapter as members-at-large.
(2) One public member, who shall be appointed by the secretary
from the nominees recommended by the commission.
(b) The secretary and other appropriate individuals, as determined
by the commission, shall be nonvoting ex officio members of the
commission.
(c) The commission may modify the number of producers who serve on
the commission by a two-thirds vote of the members of the commission
present at the meeting at which there is a quorum when the action is
taken and is concurred in by the secretary, so long as proper notice
is provided to all persons subject to this chapter prior to the
action.
SEC. 6. Section 78225.5 of the Food and Agricultural Code is
amended to read:
78225.5. (a) Producers in counties that are not subject to this
chapter may petition the commission to be subject to this chapter. If
the petition is approved by a two-thirds vote of the members of the
commission, the secretary shall conduct an implementation vote of the
producers from those counties in accordance with Article 5
(commencing with Section 78270).
(b) If the secretary certifies a favorable vote, all producers
from those counties shall be subject to this chapter.
SEC. 7. Section 78235 of the Food and Agricultural Code is amended
to read:
78235. The term of office of all members and alternate members of
the commission, except ex officio members, is three years commencing
with the first day of December before the beginning of the marketing
year in the year of their election and until qualified successors
are elected.
SEC. 8. Section 78236 of the Food and Agricultural Code is amended
to read:
78236. The commission may sue and be sued, and may enter into
contracts. Copies of its proceedings, records, and acts, when
authenticated, shall be prima facie evidence of the truth of all
statements therein.
SEC. 9. Section 78276 of the Food and Agricultural Code is amended
to read:
78276. Upon certification of the commission, the secretary shall
contact all producers by mail, or call meetings of producers, for the
purpose of nominating and electing persons to the commission. All
producers on the secretary's list shall be given written notice of
any election meetings at least 10 days before the meeting date. To be
eligible for election to the commission, producer nominees shall
present to the secretary a nomination petition with the signatures of
at least three eligible producers.
