Bill Text: CA SB822 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Agricultural pest control: citrus disease prevention: monthly assessment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-09 - Chaptered by Secretary of State. Chapter 279, Statutes of 2016. [SB822 Detail]

Download: California-2015-SB822-Introduced.html

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BILL NUMBER: SB 822	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Roth

                        JANUARY 5, 2016

   An act to amend Sections 5913 and 5919 of the Food and
Agricultural Code, relating to agricultural pest control, and making
an appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 822, as introduced, Roth. Agricultural pest control: citrus
disease prevention.
   Existing law creates the California Citrus Pest and Disease
Prevention Committee in the Department of Food and Agriculture to,
among other things, develop a statewide citrus specific pest and
disease work plan. Existing law provides for a monthly assessment to
be paid by producers, as defined, which are deposited in the Citrus
Disease Management Account in the Department of Food and Agriculture
Fund. Moneys in the Citrus Disease Management Account is available
upon appropriation by the Legislature for specified activities
relating to citrus disease prevention.
   This bill would appropriate $5,000,000 from the General Fund to
the Citrus Disease Management Account in the Department of Food and
Agriculture Fund, and would make those funds available for
expenditure by the department, without regard to fiscal year, for the
purpose of combating citrus disease or its vectors.
   Existing law requires producers in the citrus fruit industry to
pay a monthly assessment not exceeding $0.09 per carton of citrus
fruit, to be used for citrus disease management and pest control
activities, which are deposited in the Citrus Disease Management
Account, except as specified.
   This bill would increase the maximum amount of the monthly
assessment to $0.12 per carton of citrus fruit.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5913 of the Food and Agricultural Code is
amended to read:
   5913.  (a) There is hereby created the Citrus Disease Management
Account in the Department of Food and Agriculture Fund.
   (b) The Citrus Disease Management Account shall consist of money
from federal, industry, and other non-General Fund sources. Money
from federal, industry, and other non-General Fund sources shall be
available upon appropriation by the Legislature for the sole purpose
of combating citrus specific pests, diseases, and their vectors. 

   (c) Notwithstanding subdivision (b), the sum of five million
dollars ($5,000,000) is hereby appropriated from the General Fund to
the Citrus Disease Management Account in the Department of Food and
Agriculture Fund, and shall be made available for expenditure by the
department, without regard to fiscal year, for the purpose of
combating citrus disease or its vectors. 
  SEC. 2.  Section 5919 of the Food and Agricultural Code is amended
to read:
   5919.  (a) During the first marketing season, beginning February
1, 2010, and ending September 30, 2010, the monthly assessment to be
paid by producers shall be one cent ($0.01) per carton. Thereafter,
in addition to any other assessments, fees, or charges that may be
required pursuant to this code, producers shall pay a monthly
assessment established by the committee that shall not exceed
 nine   twelve  cents  ($0.09)
  ($0.12)  per carton. The assessment shall be:
   (1) Based on the number of 40-pound carton equivalents produced.
   (2) Collected from the producer by the first handler. If a
producer prepares the citrus fruit for market, the producer shall be
deemed the handler.
   (3) Remitted to the department by the first handler, along with an
assessment report, at the end of each month during the marketing
season.
   (4) Deposited in the Citrus Disease Management Account in the
Department of Food and Agriculture Fund or, upon the recommendation
of the committee, deposited in accordance with Section 227 or Article
2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division
1. The use of the funds deposited in the Citrus Disease Management
Account shall be limited to the activities authorized by this
article.
   (b) A producer producing less than 750 40-pound carton equivalents
shall not be required to remit the assessment provided in
subdivision (a).
   (c) The committee may recommend to the secretary an assessment
less than the amount specified in subdivision (a) or no assessment if
no disease prevention program is necessary or if there is sufficient
reserve to operate the program, except as provided in Section 5930.