SENATE AGRICULTURE and WATER RESOURCES COMMITTEE
Legislative Office Building, Suite 244 · Sacramento, CA 95814 · (916) 651-1508 · FAX (916) 327-8290
END OF SESSION REPORT 2005 – 2006
This report will provide you with a summary of all bills heard by the Committee, as well as a brief synopsis of the informational hearings, during the 2005-2006 legislative session.
For additional information concerning any bill in this summary, please contact the committee office.
Thank you for your continued interest in agriculture and water related issues. It is important for the Committee to continue advancing agriculture and water policy issues for California.
Introduction / Senate Bills / Assembly Bills / Informational Hearings
Introduction
The Senate Agriculture Committee is pleased to provide this End of Session Report for the benefit of the committee members, their staff, the administration, the lobbying community, and the public. The committee hopes that this report provides a quick and convenient reference to bills that were considered by the committee and informational hearings held during the 2005-2006 Legislative Session.
Committee bill files dated 2004 or earlier are available for review at the California State Archives. Committee bill files from last Session are kept with the committee and are available for public review upon request. Please contact us by phone at (916) 651-1508 or in person at 1020 N Street, Suite 244, if you need more detailed information about any bill included in this report.
The committee also keeps a record of all informational hearings. The record includes the hearing agenda, various background materials developed by the committee staff, testimony, and supporting materials submitted by witnesses. In addition, informational hearings are often recorded and occasionally video taped. Please contact us if you need more information about an informational hearing summarized in this report.
Summary of Legislation
This summary is intended to provide a quick reference to bills that were considered by the committee during the 2005-2006 Legislative Session. The summary is not intended to provide a complete analysis of each bill. However, analyses are available upon request. If you need more information about a particular bill, which is presented in this report, please review the complete bill analysis.
The summary includes the bill number, the bill's author, a summary of the bill, and the current status of the bill. Senate Bills are listed first because the committee normally hears Senate Bills early in the legislative year, followed by Assembly Bills.
Senate Bills
SB 42 (Florez) as referred to the committee, would extend the sunset date for the vertebrate pest control research program by 10 years and established a research strategy to control vertebrate pests. This bill was gutted and amended with language that deals with tribal-state gaming compacts.
Status: Held in the Senate Governmental Organizations Committee.
SB 284 (Maldonado) would appropriate $3 million from the federal block grant awarded to California from the Specialty Crops Competitiveness Act of 2004 to the Department of Food and Agriculture for allocation to California food banks to support the marketing of specialty crops.
Status: Held in the Assembly Agriculture Committee.
SB 295 (Chesbro), ensures that proprietary information collected for the Pierce's Disease Control Program used in a court proceeding shall not be disseminated during or after the court proceedings. Also eliminates the reimbursement of the county for election costs associated with petitions to organize districts to respond to and distribute information about the spread of the Glassy-winged Sharpshooter and Pierce's Disease. The bill also states that the Advisory Task Force would stay in effect until March 1, 2011, regardless of the termination dates or other portions of the Pierce's Disease Control Program.
Status: Chapter 12, Statutes of 2005.
SB 303 (Chesbro) creates an agricultural commission referred to as the "Mendocino County Winegrape and Wine Commission" to expand the markets for Mendocino County and to conduct research to benefit the county's wine industry.
Status: Chapter 597, Statutes of 2005.
SB 332 (Battin) would require the county agriculture commissioner of a county in which aerial pesticides are being applied to provide 24 hour written notification to all individuals at-risk of contact with the pesticide within one mile of the application site.
Status: Held in the Senate Environmental Quality Committee.
SB 509 (Florez) adds a requirement that an Urban Water Management Plan include a description of the opportunities for development of desalinated water, including but not limited to, ocean water, brackish water, and groundwater, as a long-term supply.
Status: Chapter 688, Statutes of 2004.
SB 662 (Migden) would remove the exemption of spent hens and small game birds from California's methods of slaughter, requiring them instead to be rendered insensible to pain prior to processing.
Status: Held in the Senate Rules Committee.
SB 859 (Poochigian) , would require the Legislature to declare that California must maintain a formal agricultural policy with specific principles to be added to the current policy.
Status: Held in the Assembly Agriculture Committee.
SB 872 (Denham) extends the sunset date for the vertebrate pest control research program by 10 years and establishes a research strategy to control vertebrate pests which pose a significant threat to the welfare of the state's agricultural economy and the public.
Status: Chapter 176, Statutes of 2005.
SB 879 (Escutia) would make changes to state law affecting civil penalties against violators of pest control provisions.
Status: Held in the Assembly Rules Committee.
SB 1041 (Denham) would give California fairs the opportunity to transition to local organizations rather than operate under the state.
Status: Held in the Assembly Appropriations Committee.
SB 1099 (Hollingsworth) would prohibit the use of eminent domain to acquire agricultural property for public use unless the condemnor retains direct ownership for stated public use or transfer property to a private party for health care facilities, public utilities, or transit facilities.
Status: Held in the Senate Judiciary Committee.
SB 1229 (Florez) would establish a pilot program in Kern County to provide a mechanism of notification to adjacent pesticide permit holders of a restricted use pesticide application by the Kern County Agriculture Commissioner until January 1, 2009.
Status: Chapter 305, Statutes of 2006.
SB 1426 (Denham) would appropriate $14 million from the General Fund to establish an Emergency Account for detection, emergency eradication, and research on agriculture plant and animal diseases and would also establish the Emerging Threat Intervention Account to establish quarantines, sanitary, and police regulations needed to prevent any condition determined to be necessary by the State Veterinarian.
Status: Held in the Senate Appropriations Committee.
SB 1551 (Kehoe) would develop a pilot program to restructure the 22nd District Agricultural Association to run more efficiently and independently from the state.
Status: Held in the Senate Agriculture Committee.
SJR 16 (Machado) would urge the President to allow private companies to test cattle for BSE using approved testing protocols. Would also request the President and Congress to close loopholes in the cattle feed rules and maintain the ban on using "downer" animals for human consumption.
Status: Failed passage in the Senate Agriculture Committee.
Assembly Bills
AB 85 (Maze) renames the "Navel and Valencia Orange Advisory Committee" as the "California Citrus Advisory Committee" and changes the committee's membership. Also includes lemon growers and mandarin citrus growers in the scope of the advisory committee. Consolidates the citrus inspection assessment with the crop estimating and acreage survey for citrus assessment to a single assessment.
Status: Chapter 180, Statutes of 2005.
AB 393 (Frommer) , would allow a handler representing producers of more than 30% of the walnut market to assume the rights and responsibilities of a cooperative handler representing 30% or more of the walnut market provided that cooperative ceases to exist. This bill would also allow the above handler to select representative to fill six seats on the California Walnut Commission.
Status: Chapter 409, Statutes of 2006.
AB 460 (Parra) permits the California Department of Food and Agriculture to enter into cooperative agreements with the United States Department of Agriculture for a prevention and control program of avian influenza, and requires adoption of regulations to implement such a program.
Status: Chapter 609, Statutes of 2005.
AB 520 (Parra) authorizes the California Department of Food and Agriculture or County Agricultural Commissioners to levy a civil penalty, in lieu of civil prosecution, for a violation of the Agriculture Theft Prevention Act or the Fruit, Nut, and Vegetable Standards Program.
Status: Chapter 220, Statutes of 2005.
AB 621 (Cogdill) authorizes milk products plants to follow inspection protocols of the Hazard Analysis Critical Control Points procedures established under the auspices of the National Conference on Interstate Milk Shipments. This bill also prohibits dairies that begin operation on or after January 1, 2006, from marketing manufactured milk, except as specified.
Status: Chapter 222, Statutes of 2005.
AB 649 (Parra) creates a new assessment in order to fund a health and safety inspection program for tomatoes. This bill also allows the California Tomato Commission to modify the current market and research assessment for tomatoes by separating in state handlers from out of state handlers in order to decrease the fee for out of state handlers.
Status: Vetoed.
AB 826 (Nava) establishes a statewide Farm to School program creating a collaborative working relationship among the California Departments of Education, Food and Agriculture, and Health Services. The bill also outlines guidelines for the Farm to School program contingent on funding sources. Status: Vetoed.
AB 924 (Canciamilla) requires manufactures and distributors of ammonium nitrate fertilizer to notify the California Department of Food and Agriculture and obtain a license. Requires the licensee to maintain and provide the CDFA and law enforcement officials information for three years on ammonium nitrate sales.
Status: Chapter 490, Statutes of 2005.
AB 1011 (Matthews) expands the crime of selling pesticides in California to include non-agricultural products and deletes the required broker fees. Also removes California's letter of authorization requirement and replaces it with a cost sharing system for data used to register pesticides.
Status: Chapter 612, Statutes of 2005.
AB 1059 (Matthews) , would remove California's letter of authorization requirement and replace it with a cost sharing system for data used to register pesticides.
Status: Held in the Senate Appropriations Committee.
AB 1061 (Agriculture) creates the Analytical Laboratory Account in the Food and Agriculture Fund to collect reimbursements for services provided by the Center for Analytical Chemistry. Decreases the minimum required meetings for the Agriculture Cooperative Bargaining Advisory Committee from two to one per year. Provides that in addition to other complaint procedures in statue, an aggrieved grower or licensee for which a claim of damages may file a verified claim with the Division of Market Enforcement within CDFA, subject to expedited review and settlement by CDFA.
Status: Chapter 613, Statutes of 2005.
AB 1147 (Leno) would permit the cultivation of industrial hemp in California.
Status: Vetoed.
AB 1508 (Salinas) would specify that registration, labeling, sale, storage, transportation, distribution, notification of use, and use of seed regulations are of statewide concern and specifically prohibits any ordinance or regulation of a political subdivision from attempting to regulate those concerns.
Status: Held in the Senate Health Committee.
AB 1598 (Agriculture) , is the Assembly Agriculture Committee's omnibus bill that would delete the $5 cap on horse event fees used to fund the enforcement of horse drugging, revise vegetable seed labeling, revise arbitration fees for grower complaints, eliminate Baja California from the California Tomato Commission, alter the makeup of the California Sea Urchin Commission board membership, revise the petition process for the California Sea Urchin Commission board, and include other numerous non-substantive changes.
Status: Chapter 499, Statutes of 2006.
AB 1693 (Berg) would limit the assessments collected from a single cut-flower producer to no more than $100,000 per marketing year.
Status: Chapter 500, Statutes of 2006.
AB 1834 (Garcia) would eliminate the term limit of four consecutive terms for members who serve on the California Date Commission.
Status: Chapter 83, Statutes of 2006.
AB 2332 (Agriculture) would allow cattle producers to withdraw their participation in modified point-of-origin inspection programs.
Status: Chapter 568, Statutes of 2006.
AB 2343 (Agriculture) would alter the current Milk Producers Security Trust Fund to better reflect California's current market.
Status: Chapter 505, Statutes of 2006.
AB 2354 (Laird) would authorize any commission or council to petition the Secretary of the California Department of Food and Agriculture to administer any activity the commission or council is permitted to be engaged in under the California Marketing Act of 1937.
Status: Chapter 844, Statutes of 2006.
AB 2425 (Matthews) would establish the California Apple Pest and Disease Prevention Act of 2006.
Status: Held in the Senate Agriculture Committee.
AB 2479 (Cogdill) would adjust the allocation of funds for the Noxious Weed Management Account.
Status: Chapter 323, Statutes of 2006.
AB 2648 (Matthews) is cleanup language to AB 1011 listed above.
Status: Chapter 93, Statutes of 2006.
AB 2676 (Agriculture) would extend the sunset date for the Certified Farmers' Market operator fees collected by CDFA and the enforcement article for civil penalties and appeal provisions to January 1, 2012.
Status: Chapter 440, Statutes of 2006.
AB 2906 (Agriculture) , would authorize the California Department of Food and Agriculture to permit and inspect independent milk tank truck cleaning and sanitizing facilities.
Status: Chapter 584, Statutes of 2006.
AB 2958 (Agriculture) would modify commercial feed licensing fees.
Status: Chapter 285, Statutes of 2006.
AJR 45 (Villines) urges the federal government to support the priorities of the specialty crop industry in the federal Farm Security and Rural Investment Act (Farm Bill) of 2007, and makes declaratory findings regarding the importance of specialty crops.
Status: Resolution Chapter 90, Statutes of 2006.
Informational Hearings
2/15/05 - Agriculture By-Products: Compost or Industrial Waste? Impacts on the Agriculture Industry
This hearing focused on impacts of regulatory strategies proposed by the Central Valley Regional Water Quality Control Board for food processor waste discharges to land. The committee heard testimony from representatives of Central Valley Regional Water Quality Control Board, Department of Agriculture, local government, and agriculture groups.
3/15/05 - Clearing the Air: Advances with Agriculture Irrigation Pumps to Comply with New Standards
This hearing discussed how industry and agriculture are working to comply with air quality standards on irrigation pumps. The committee heard testimony from agriculture and public utilities regarding incentives to convert irrigations pumps from diesel to electric.
5/6/05 - California Agriculture: A Source of Nutrition
This hearing examined how California's produce can influence better nutrition in our schools. Three panels addressed the committee including (1) state programs on school nutrition, (2) industry and local perspectives on nutrition, and (3) health and economic consequences to poor nutrition.
5/12/05 - Taking a Bite Out of Ag Crime: Ag Crime Prevention in California
This hearing discussed the benefits and successes of dedicated Ag crime prevention efforts. The Committee heard testimony from representatives of the Central Valley Rural Crime Prevention Program, advocates for the Central Coast Rural Crime Prevention Program, and victims of rural crime.
8/16/05 - Managing Mad Cow: Are We Doing Enough?
This hearing focused on how the nation and California are addressing Bovine Spongiform Encephalopathy (BSE) threats, how BSE has impacted California, and the threat to our food safety. The Committee heard from representatives of state and federal government agencies charged with animal health safety, specialists from the University of California, and representatives of the dairy and meat industries.
9/20/05 - Ag Land Preservation: The Future of our Fields
This hearing discussed the future of California agriculture land protection. The effectiveness and funding of the Williamson Act and agriculture easement programs were also discuss by state, federal, and local government representatives.
11/1/05 - Impacts of Eminent Domain on Agriculture: Is Ag Land Being Seized Inappropriately?
This hearing explored the current and future impacts of eminent domain and public acquisition of agriculture land. The committee heard from panels that discussed whether eminent domain threatens California's agriculture, whether ag land is being protected from the government, and a case study on the Long Valley landfill proposal.
4/4/06 - Is California Prepared for Threats to Agriculture?
This hearing examined disease outbreaks and other threats to our food supply and whether California is prepared for these potential disasters. Avian Influenza was a target of discussion and was compared to the Exotic Newcastle Disease outbreak in 2002 that cost over $150 million in government expenditures before it was brought under control.
