Bill Text: CA AB1389 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1389	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2013

INTRODUCED BY   Committee on Agriculture

                        MARCH 4, 2013

   An act 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, as amended, Committee on Agriculture. San Joaquin Valley
Quality Cotton District.
   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  July   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 would
 require   , if the secretary makes that
determination, authorize  the secretary to establish an advisory
committee  , and   .   The bill would
require the Department of Food and Agriculture to post the
operability of these provisions and related regulations on its
Internet Web site if one of the conditions for operability occurs and
 would specify that the secretary shall not be required to
administer any of these provisions that are 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.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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  subdivision (c),
  Section 52992,  on and after  July
  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, and any regulations adopted
pursuant to 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.  
   (b) The secretary shall establish a committee to advise the
secretary. The committee shall be comprised of cotton growers,
representatives of cotton seed processing organizations involved in
seed crushing operations, handlers of raw cotton fiber, and
representatives of cotton ginning organizations.  
   (c) Notwithstanding subdivision (a), the following provisions
shall remain operative and shall be administered by the secretary:
 
   (1) Section 52893.  
   (2) Subdivision (b) of Section 52901.  
   (3) Section 52981.  
   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. 
    52992.   52993.   The secretary shall
not be required to administer this article or any provisions of this
chapter that are operative pursuant to  Section 52991
  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 purposes of this chapter, or from other
sources, including the California cotton industry, to pay the costs
incurred by the secretary.