Bill Text: CA SB1399 | 2013-2014 | Regular Session | Chaptered
Bill Title: Agricultural seed: county seed enforcement subventions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-08-25 - Chaptered by Secretary of State. Chapter 277, Statutes of 2014. [SB1399 Detail]
Download: California-2013-SB1399-Chaptered.html
BILL NUMBER: SB 1399 CHAPTERED
BILL TEXT
CHAPTER 277
FILED WITH SECRETARY OF STATE AUGUST 25, 2014
APPROVED BY GOVERNOR AUGUST 25, 2014
PASSED THE SENATE MAY 1, 2014
PASSED THE ASSEMBLY AUGUST 11, 2014
AMENDED IN SENATE MARCH 26, 2014
INTRODUCED BY Senator Galgiani
FEBRUARY 21, 2014
An act to amend Sections 52323, 52324, and 52325 of the Food and
Agricultural Code, relating to agriculture, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1399, Galgiani. Agricultural seed: county seed enforcement
subventions.
Existing law, the California Seed Law, provides for an optional
subvention program under which a county may enter into a cooperative
agreement with the Secretary of Food and Agriculture to receive an
annual apportionment of funds from the secretary for maintaining a
statewide compliance level on all seed within the county. Under those
provisions, a county with no registered seed labelers may annually
receive $100, at the discretion of the secretary and upon
recommendation of the Seed Advisory 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 a method for calculating
apportionments for participating counties based on units of activity,
as specified. Existing law makes those provisions inoperative on
July 1, 2016, except as specified, and repeals those provisions on
January 1, 2017.
This bill would extend the operative date specified above to July
1, 2019, and would extend the repeal date to January 1, 2020. The
bill would delete the provisions establishing a method of calculating
apportionments based on units of activity, and would instead require
the amount of the subvention designated to each participating county
to be established in a memorandum of understanding between the
county agricultural commissioner and the secretary, in consultation
with the Seed Advisory Board.
Under existing law, the fees collected pursuant to the California
Seed Law are continuously appropriated to the Department of Food and
Agriculture to carry out its provisions.
By extending the operation of these subvention provisions, this
bill would make an appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52323 of the Food and Agricultural Code is
amended to read:
52323. (a) The department's cost of carrying out this chapter
shall be funded from money that is received by the secretary pursuant
to this chapter. The secretary shall also pay annually, in arrears,
one hundred twenty thousand dollars ($120,000), to counties as an
annual subvention for costs incurred in the enforcement of this
chapter. The department's costs of administering this chapter shall
be paid before allocating funds to the counties under this section.
(b) This section shall become inoperative on July 1, 2019, and, as
of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 52324 of the Food and Agricultural Code is amended
to read:
52324. (a) The subvention program under Section 52323 is an
optional program available to counties. The subvention to counties
under Section 52323 shall be annually apportioned as follows:
(1) At the discretion of the secretary and upon recommendation of
the Seed Advisory Board, counties with no registered seed labelers
may annually receive one hundred dollars ($100).
(2) Counties with registered seed labeler operations shall receive
subventions based upon enforcement activity generated by the
registered seed labeler operations within the county and upon the
performance of enforcement activities necessary to carry out this
chapter.
(b) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 3. Section 52325 of the Food and Agricultural Code is amended
to read:
52325. (a) Commissioners of counties that choose to participate
in the subvention program shall enter into a cooperative agreement
with the secretary, whereby the commissioner agrees to maintain a
statewide compliance level, determined by the secretary, on all seed
within the county. The cooperative agreement shall be in effect for a
five-year period. The amount of the subvention designated to each
individual participating county shall be established in a memorandum
of understanding between the commissioner and the secretary, in
consultation with the board.
(b) The secretary, upon recommendation of the board or upon the
secretary's own initiative, may withhold a portion of the funds
designated to a county if that county fails to meet the performance
standards established by the secretary and set forth in the
cooperative agreement with that county.
(c) The secretary shall provide a written justification to the
board for any action taken by the secretary that does not fully
implement a recommendation made by the board pursuant to subdivision
(b).
(d) This section shall become inoperative on July 1, 2019, and, as
of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
