Bill Text: CA SB1018 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Pest control: citrus disease prevention.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 924, Statutes of 2014. [SB1018 Detail]

Download: California-2013-SB1018-Amended.html

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BILL NUMBER: SB 1018	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 30, 2014
	AMENDED IN SENATE  MARCH 26, 2014

INTRODUCED BY   Senator De León

                        FEBRUARY 14, 2014

   An act to amend Sections  405,  5915  ,  and
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. 
   (1) Existing law authorizes the Department of Food and
Agriculture, with the prior approval of the Department of Fish and
Wildlife and the State Department of Health Care Services, to
reproduce or distribute biological control organisms that are not
detrimental to the public health and safety that are known to be
useful in reducing or preventing plant or animal damage due to pests
or diseases. Existing law prohibits the department from engaging in
the production of beneficial organisms when those organisms are
available for purchase from commercial sources.  
   This bill would instead prohibit the department from engaging in
the production of beneficial organisms when those organisms are
available in sufficient amounts for purchase from commercial sources.
 
   Existing 
    (2)     Existing  law creates in the
 Department of Food and Agriculture   department
 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. 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.
   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 
   notifying   the committee of the alteration
 . 
   Existing 
    (3)     Existing  law requires the
committee to reimburse the secretary 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
would prohibit the secretary from seeking reimbursement for costs
that exceed expenditures developed by the committee without first
 obtaining approval for the additional expenditures from the
committee   notifying the committee of the additional
expenditures  .  The bill would also provide that the Citrus
Disease Management Account shall not be assessed more than $350,000
for administrative services from other state agencies, except as
specified. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION   1   .    Section 405 of
  the   Food and Agricultural Code   is
amended to read: 
   405.  (a) With the prior approval of the Department of Fish and
 Game   Wildlife  and the State Department
of Health  Care  Services, the department may reproduce or
distribute biological control organisms that are not detrimental to
the public health and safety  which   that 
are known to be useful in reducing or preventing plant or animal
damage due to pests or diseases.
   (b) The department shall not engage in the production of
beneficial organisms when  such   those 
organisms are available  in sufficient amounts  for purchase
from commercial sources.
   SECTION 1.   SEC. 2.   Section 5915 of
the Food and Agricultural Code is amended to read:
   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.
   (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   notifying the committee of the
alteration  .
   SEC. 2.   SEC. 3.   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.
   (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   notifying the committee of the additional
expenditures  . 
   (c) Notwithstanding Article 2 (commencing with Section 11270) of
Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code,
relating to general administrative costs, the Citrus Disease
Management Account created in Section 5913 shall be assessed no more
than three hundred fifty thousand dollars ($350,000) for
administrative services from other state agencies, except costs for
services rendered pursuant to specific contracts entered into with
other state agencies.