Bill Text: CA SB2 | 2009-2010 | Regular Session | Chaptered
Bill Title: Pest control: Pierce's disease: glassy-winged
Spectrum: Bipartisan Bill
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 325, Statutes of 2009. [SB2 Detail]
Download: California-2009-SB2-Chaptered.html
BILL NUMBER: SB 2 CHAPTERED
BILL TEXT
CHAPTER 325
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE JUNE 1, 2009
PASSED THE ASSEMBLY SEPTEMBER 2, 2009
AMENDED IN SENATE MAY 20, 2009
AMENDED IN SENATE MAY 13, 2009
AMENDED IN SENATE MARCH 19, 2009
AMENDED IN SENATE FEBRUARY 24, 2009
INTRODUCED BY Senator Wiggins
(Principal coauthors: Assembly Members Chesbro and Evans)
(Coauthors: Senators Ashburn, Benoit, Cox, Florez, Maldonado, and
Wright)
(Coauthors: Assembly Members Bill Berryhill, Tom Berryhill,
Gilmore, Huffman, Jeffries, Smyth, and Torres)
DECEMBER 1, 2008
An act to amend Sections 6046, 6047.1, 6047.2, 6047.4, 6047.12,
6047.19, 6047.20, 6047.21, 6047.27, and 6047.29 of, and to add
Section 6047.30 to, the Food and Agricultural Code, relating to pest
control, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 2, Wiggins. Pest control: Pierce's disease: glassy-winged
sharpshooter.
(1) Existing law establishes the Pierce's Disease Control Program
in the Department of Food and Agriculture, and the Pierce's Disease
Management Account in the Food and Agriculture Fund. Existing law
allows money in this account to be expended as specified to combat
Pierce's disease and its vectors. Existing law declares that these
provisions shall become inoperative on March 1, 2011.
This bill would allow specified money in the account to also be
expended for purposes relating to other designated pests and
diseases, as provided. The bill would change the date on which the
above provisions become inoperative to March 1, 2016.
(2) Existing law creates in the Department of Food and Agriculture
the Pierce's Disease and Glassy-winged Sharpshooter Board, which
consists of specified numbers of representatives of producers and
processors, as defined, in the grape industry who are appointed by
the Secretary of Food and Agriculture. Existing law sets forth the
powers of the board and provides for an annual assessment to be paid
by the processors into the Department of Food and Agriculture Fund
for the purposes of, among other things, research and other
activities related to the transmittal of the plant killing Pierce's
disease bacterium, and its vectors, particularly the glassy-winged
sharpshooter. Existing law repeals these provisions on March 1, 2011.
This bill would authorize the expenditure of the assessments for
purposes relating to other designated pests and diseases, as
provided, and would extend the repeal date of these provisions to
March 1, 2016, except that this bill would make these provisions
inoperative as of March 1, 2011, unless the secretary finds, in a
referendum conducted by him or her, or a person designated by him or
her, that a favorable vote has been given. The bill would require, no
later than April 15, 2010, the secretary to establish a list of
those individuals eligible to vote on the continued implementation of
these provisions, as specified. The bill would also make a
conforming change and other technical changes.
(3) Existing law authorizes the Department of Food and Agriculture
and the Pierce's Disease and Glassy-winged Sharpshooter Board to
charge expenditures for administrative purposes, as specified, in an
amount not to exceed a total of 7% of the assessments collected
pursuant to these provisions.
This bill would increase the amount that may be charged for
administrative purposes to an amount not to exceed a total of 14% of
the assessments collected.
Because assessments collected pursuant to these provisions are
deposited in the Department of Food and Agriculture Fund, which is
continuously appropriated, by extending the collection of these
assessments and authorizing expenditure for a new purpose, this bill
would make an appropriation.
(4) Existing law, operative until March 1, 2011, provides that the
Secretary of Food and Agriculture shall appoint an advisory task
force to advise him or her on the control and management of Pierce's
disease.
This bill would extend these provisions to March 1, 2016.
This bill would authorize the Pierce's Disease and Glassy-winged
Sharpshooter Board, after consulting with the advisory task force and
upon making specified findings, to recommend to the secretary, and
would authorize the secretary to determine, that a pest or disease
affecting grapes grown in California and crushed for wine, wine
vinegar, juice, concentrate, or beverage brandy be designated as an
other designated pest or disease, and that money should be expended
on research and outreach programs for specified purposes relating to
the other designated pest or disease, except as provided. The bill
would also make conforming changes.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6046 of the Food and Agricultural Code is
amended to read:
6046. (a) There is hereby created in the department the Pierce's
Disease Control Program.
(b) The Governor shall appoint a statewide coordinator, and the
secretary shall provide an appropriate level of support staffing and
logistical support for combating Pierce's disease and its vectors.
(c) (1) There is hereby created the Pierce's Disease Management
Account in the Food and Agriculture Fund.
(2) The account shall consist of money transferred from the
General Fund and money made available from federal, industry, and
other sources. Money made available from federal, industry, and other
sources shall be available for expenditure without regard to fiscal
year for the purpose of combating Pierce's disease or its vectors and
for the purpose described in Section 6047.30. State general funds to
be utilized for research shall be expended only when the secretary
has received commitments from nonstate sources for at least a
25-percent match for each state dollar to be expended.
(d) The funds appropriated pursuant to this section to the Food
and Agriculture Fund for the purpose of combating Pierce's disease
and its vectors shall be used for costs that are incurred by the
state or by local entities during and subsequent to the fiscal year
of the act that added this section for the purpose of research and
other efforts to combat Pierce's disease and its vectors.
(e) Whenever, in any county, funds are allocated by the department
for local assistance regarding Pierce's disease and its vectors,
those funds shall be made available to a local public entity, or
local public entities, designated by that county's board of
supervisors.
(f) Funds appropriated for local assistance shall not be allocated
to the local public entity until the local public entity creates a
Pierce's disease work plan that is approved by the department. Any
funds allocated by the department to a designated local public entity
shall be utilized for activities consistent with the local Pierce's
disease work plan or other programs or work plans approved by the
department. It shall be the responsibility of the designated local
public entity to develop and implement the local Pierce's disease
work plan. Upon request, the department shall provide consultation to
the local public entity regarding its work plan.
(g) The work plan created by the designated local public entity
shall include, but is not limited to, all of the following:
(1) In coordination with the department, the development and
delivery of producer outreach information and training to local
communities, groups, and individuals to organize their involvement
with the work plan and to raise awareness regarding Pierce's disease
and its vectors.
(2) In coordination with the department, the development and
delivery of ongoing training of the designated local public entity's
employees in the biology, survey, and treatment of Pierce's disease
and its vectors.
(3) The identification within the designated local public entity
of a local Pierce's disease coordinator.
(4) The proposed treatment of Pierce's disease and its vectors.
Treatment programs shall comply with all applicable laws and
regulations and shall be conducted in an environmentally responsible
manner.
(5) In coordination with the department, the development and
implementation of a data collection system to track and report new
infestations of Pierce's disease and its vectors in a manner
respectful of property and other rights of those affected.
(6) On an annual basis, while funds appropriated by this section
are available for encumbrance, the department shall review the
progress of each local public entity's activities regarding Pierce's
disease and its vectors and, as needed, make recommendations
regarding those activities to the local public entity.
(h) Notwithstanding Section 7550.5 of the Government Code, the
department shall report to the Legislature on January 1, 2001, and
each January 1 while this section is operative, regarding its
expenditures, progress, and ongoing priorities in combating Pierce's
disease and its vectors in California.
(i) This article shall become inoperative on March 1, 2016, and as
of January 1, 2017, is repealed, unless a later enacted statute that
is enacted before January 1, 2017, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 2. Section 6047.1 of the Food and Agricultural Code is
amended to read:
6047.1. The Legislature finds and declares the following:
(a) The state's agricultural business economy could be seriously
damaged if measures are not taken to prevent the transmittal of the
plant killing bacterium that causes Pierce's disease and to contain
its vectors, particularly the glassy-winged sharpshooter, and if
measures are not taken to prevent or inhibit infestations by other
designated pests and diseases. Furthermore, progress made by
winegrape growers and others in the adoption of integrated pest
management and sustainable farming practices is threatened by these
destructive pests and diseases.
(b) The funding to accomplish the purposes of this article shall
be derived from an assessment on all grapes grown in California and
crushed for wine, wine vinegar, juice, concentrate, or beverage
brandy.
(c) This article is not intended to establish a precedent, or to
supersede, or to reduce or in any way alter government funding of the
effort to combat Pierce's disease and other pests in this state.
(d) The purposes of this article are enhanced by the many and
varied efforts of other agricultural commodities' industries to
combat this bacterium and its vectors and other designated pests and
diseases.
(e) This article is enacted for the protection of the winegrape
industry and is also declared to be enacted in the public interest
and in the exercise of the police power of the state for the purpose
of protecting the health, peace, safety, and general welfare of the
people of this state.
(f) The assessments shall be collected and expended for purposes
consistent with Sections 6046 and 6047.30.
SEC. 3. Section 6047.2 of the Food and Agricultural Code is
amended to read:
6047.2. For the purposes of this article, the following
definitions shall govern its construction:
(a) "Board" means the Pierce's Disease and Glassy-winged
Sharpshooter Board.
(b) "Department" means the Department of Food and Agriculture.
(c) "Marketing season" begins July 1 of each year and ends June 30
of the next year.
(d) "Producer" means a grower, including a cooperative, of grapes
in California for wine, wine vinegar, juice, concentrate, or beverage
brandy.
(e) "Processor" means a processor who crushes grapes in California
for wine, wine vinegar, juice, concentrate, or beverage brandy.
(f) "Person" means a producer, processor, or any other entity that
holds title to grapes subject to assessment.
(g) "Purchase" means the taking by sale, discount, negotiation,
mortgage, pledge, lien, issue or reissue, gift, or any other
voluntary transaction creating an interest in property. For purposes
of this subdivision, "sale" shall consist of the passing of title
from the seller to the buyer for a price.
(h) "Purchased grapes" means grapes grown in California, crushed
by a processor for wine, wine vinegar, juice, concentrate, or
beverage brandy, and purchased from a person considered a separate
entity from the purchaser.
(i) "Grapes not purchased" means all other grapes grown in
California and crushed by a processor for wine, wine vinegar, juice,
concentrate, or beverage brandy, including, but not limited to, the
following:
(1) Grapes grown by a person who is not considered a separate
entity from the processor or who is a member of the processor
cooperative.
(2) Grapes not purchased and crushed to the account of a person
who retains ownership of the grapes.
(j) "Secretary" means the Secretary of Food and Agriculture.
(k) "Other designated pests and diseases" means pests and diseases
designated by the secretary as provided in Section 6047.30.
SEC. 4. Section 6047.4 of the Food and Agricultural Code is
amended to read:
6047.4. (a) The powers of the board shall be the following:
(1) Submit recommendations to the secretary on, but not limited
to, the following:
(A) Selection of officers.
(B) Terms of office for board members.
(C) Annual assessment rate.
(D) Annual budget.
(E) Expenditures authorized under Sections 6047.5 and 6047.30.
(2) Receive money from the assessment and other sources.
(3) Adopt, amend, and rescind all proper and necessary bylaws and
procedures.
(4) Coordinate its activities with the secretary's science
advisory board and agricultural/governmental advisory task force.
(b) A majority of the members of the board shall constitute a
quorum of the board. The vote of a majority of the members present at
a meeting at which there is a quorum constitutes an act of the
board, except for actions taken pursuant to subdivision (a) of
Section 6047.7, which shall require a majority of the vote of the
board. The board may continue to transact business at a meeting where
a quorum is initially present, notwithstanding the withdrawal of
members, provided any action is approved by the requisite majority of
the required quorum.
(c) As authorized by the board, members of the board may receive
per diem and mileage in accordance with the rules of the Department
of Personnel Administration for attendance at meetings and other
approved board activities.
SEC. 5. Section 6047.12 of the Food and Agricultural Code is
amended to read:
6047.12. (a) Expenditures charged by the department and the board
for administrative purposes shall not exceed a total of 14 percent
of the assessments collected pursuant to this article. Administrative
purposes shall include, but not be limited to, all auditing expenses
and all costs and attorneys fees resulting from, or relating to,
litigation involving this article against the department, or the
board and its members and agents, and expenses associated with
Section 6047.4 and paragraphs (1) and (2) of subdivision (a) of
Section 6047.5.
(b) Notwithstanding subdivision (a), the Joint Legislative Audit
Committee and the State Auditor shall maintain independent authority
to audit the expenditure of industry assessments.
SEC. 6. Section 6047.19 of the Food and Agricultural Code is
amended to read:
6047.19. (a) On or before December 31st of every other year, the
secretary, after consultation with the board, shall report on the
status of this article to the chairs of the policy and fiscal
committees that have the appropriate subject matter jurisdiction in
the Assembly and the Senate.
(b) The report shall include a financial accounting, including the
distribution of industry assessments and any unexpended amount on
deposit, of the department's efforts to contain Pierce's disease and
its vectors.
(c) This article shall remain in effect only until March 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before March 1, 2016, deletes or extends that date.
SEC. 7. Section 6047.20 of the Food and Agricultural Code is
amended to read:
6047.20. This article shall become inoperative, as of March 1,
2011, unless the secretary finds, in a referendum conducted by him or
her, or a person designated by him or her, subsequent to the
operative date of the amendments to this section adopted in 2009,
that a favorable vote has been given pursuant to this article.
SEC. 8. Section 6047.21 of the Food and Agricultural Code is
amended to read:
6047.21. (a) No later than April 15, 2010, the secretary shall
establish a list of those persons eligible to vote on the continued
implementation of this article.
(b) Eligibility shall be limited to the producers, processors, and
persons who paid the assessment on grapes crushed in the immediately
preceding season.
(c) (1) In establishing the list, the secretary may require
processors, producers, and others to submit the names, mailing
addresses, and assessment values of all producers who paid the
assessment on grapes crushed in the immediately preceding marketing
season.
(2) The information required by the secretary shall be filed
either with the annual assessment report or no later than 30 days
following receipt of a written notice from the secretary requesting
the information.
(d) Any producer whose name does not appear on the secretary's
list may have his or her name added to the list by filing with the
secretary a signed statement identifying himself or herself as a
producer that paid an assessment during the most recent marketing
season.
SEC. 9. Section 6047.27 of the Food and Agricultural Code is
amended to read:
6047.27. (a) If the secretary finds that a favorable vote as
provided in this article has not been given subsequent to the
operative date of the amendments to this section adopted in 2009,
this article shall become inoperative as of March 1, 2011.
(b) If the secretary finds that a favorable vote has been given as
provided in this article, he or she shall certify and give notice of
the favorable vote to all persons whose names and addresses may be
on file with the secretary as provided in Section 6047.21.
SEC. 10. Section 6047.29 of the Food and Agricultural Code is
amended to read:
6047.29. (a) The secretary shall appoint an advisory task force
consisting of scientific experts, including, but not limited to,
university researchers and agricultural representatives, for the
purpose of advising the secretary on the control and management of
Pierce's disease.
(b) Members of the advisory task force, or alternate members when
acting as members, may be reimbursed, upon request, for necessary
expenses incurred by them in the performance of their duties.
(c) Notwithstanding Sections 6047.20 and 6047.27, this section
shall remain in effect until March 1, 2016, and as of that date is
repealed, unless a later enacted statute, that is enacted before
March 1, 2016, deletes or extends that date.
SEC. 11. Section 6047.30 is added to the Food and Agricultural
Code, to read:
6047.30. (a) The board may, after consulting with the advisory
task force and upon making findings as described in this section,
recommend to the secretary, and the secretary may determine, that a
pest or disease affecting grapes grown in California and crushed for
wine, wine vinegar, juice, concentrate, or beverage brandy be
designated as an other designated pest or disease, and that money
should be expended on research and outreach programs for purposes
consistent with Sections 6046 and 6047.1 relating to the other
designated pest or disease. However, no General Fund moneys shall be
expended after March 1, 2011, on new research and outreach programs
relating to other designated pests or diseases.
(b) The board's findings in support of a recommendation under this
section shall include all of the following:
(1) The pest or disease would adversely affect the health of grape
vines, the yield from grape vines, or the quality of grapes grown on
the vines if the pest or disease becomes established in California
or expands to new areas of the state.
(2) The pest or disease would significantly damage the state's
agricultural business economy if allowed to become established in
California or expand to new areas of the state.
(3) Significant portions of the grape producing areas of the state
are now affected, or reasonably likely to be adversely affected in
the future, by the spread of the pest or disease.
(4) Expenditures of money approved by the secretary based on the
findings and recommendations described in this section will not, to a
substantial degree, diminish any expenditures under Article 8
(commencing with Section 6045) or this article on Pierce's disease
and its vectors, particularly the glassy-winged sharpshooter,
research, work plans, and program activities.
(5) Scientific experts, including, but not limited to, university
researchers, entomologists, plant pathologists, economists, and other
agricultural representatives have provided information and advice in
support of the findings described in paragraphs (1), (2), (3), and
(4). For purposes of this paragraph, it is not required that all
scientific experts consulted by the board agree or provide similar
advice.
