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 2003 – 2004
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 2003-2004 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 and Water Resources 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 2003-2004 Legislative Session.
Committee bill files dated 2002 or earlier are available for review at the California State Archives. Committee bill files from this Session are kept with the committee and are available for public review upon request. Please contact us by phone at (916) 445-2206 or in person at the State Capitol, Room 406, 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 audio taped 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 2003-2004 Legislative Session. The summary is not intended to provide a complete analysis of each bill. However, analysis 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 21 (Machado) would have clarified the administration of various chapters of Proposition 50, including guidelines for administering grants and loans and keeping the Legislature informed about expenditures and guidelines. Most of the contents of the bill were later included in AB 1747 (Chapter 240, Statutes of 2003), a 2003-2004 budget trailer bill.
Status: Held in the Senate Appropriations Committee.
SB 56 (Hollingsworth) authorizes the Murrieta Creek Flood Control Project for state funding.
Status: Chapter 730, Statutes of 2003.
SB 117 (Machado), as referred to committee, would have enacted key provisions of the proposed Quantification Settlement Agreement for the Colorado River. This bill was later gutted and amended to reinstate provisions for outreach and support to economically disadvantaged communities in administering Proposition 50 grants. Makes technical changes to the administration of Proposition 50 programs.
Status: Chapter 716, Statutes of 2004.
SB 277 (Moreno Ducheny) enacts the Salton Sea Restoration Act. States the intent of the Legislature that the State of California undertake the restoration of the Salton Sea ecosystem. Requires that the restoration of the Salton Sea be based on the preferred alternative developed as a result of the restoration study alternative selection process required by Fish and Game Code Section 2081.7. Requires that the preferred alternative provide the maximum feasible attainment of the specific objectives.
Status: Chapter 611, Statutes of 2003.
SB 312 (Machado) would have required the Department of Water Resources to establish a new model water efficient landscape ordinance and would have created a funding priority for agencies that have adopted and enforced either the state or an equivalent local landscape ordinance. Would have required dedicated water meters for landscapes, and the meters would be required to be used in whole or in part for the regular billing purposes.
Status: Held in the Senate Appropriations Committee.
SB 318 (Alpert) 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 350 (Morrow) contained intent language that the Legislature enact legislation authorizing the Department of Food and Agriculture to adopt pesticide application protocols for the use of pesticides in responding to agricultural needs.
Status: Held in the Senate Agriculture and Water Resources Committee.
SB 411 (Moreno Ducheny), as heard in committee, would have appropriated $50 million from Proposition 50 to the Wildlife Conservation Board to develop and implement a restoration plan for the Salton Sea. This bill was later gutted and amended to ratify specified tribal-state gaming compacts entered into between the State of California and the La Posta Band of Diegueno Mission Indians, and the Santa Ysabel Band of Diegueno Mission Indians.
Status: Chapter 790, Statutes of 2003.
SB 479 (Machado) would have added an additional condition for approving a long-term water transfer: The transfer would not have caused substantial negative third-party impacts.
Status: Testimony taken. Held in the Senate Agriculture and Water Resources Committee.
SB 486 (Machado) would have given the Secretary of the Department of Food and Agriculture the discretion to reserve up to $200,000 of the $1,000,000 appropriation of the unclaimed gasoline tax to be used for emergency infestations.
Status: Held in the Senate Appropriations Committee.
SB 518 (Escutia) would have ensured that urban areas and areas with special needs receive an equitable allocation of Proposition 50 funds. Most of the contents of the bill were later included in AB 1747 (Chapter 240, Statutes of 2003), a 2003-2004 budget trailer bill.
Status: Testimony taken. Held in the Senate Agriculture and Water Resources Committee.
SB 533 (Romero) contained intent language pertaining to the Department of Pesticide Regulation and its mission to register pesticides in California, review human health and environmental impacts, and ensure worker and public safety from the impacts of pesticides. The bill would have further declared that one of the primary missions of county agricultural commissioners is to enforce laws relating to pesticides. Current funding sources for the department and county agricultural commissioners is to expire in 2004 requiring the legislature to act prior to that date to ensure these entities carry out their mission.
Status: Held in the Senate Environmental Quality Committee.
SB 543 (Machado) would have prohibited the water produced from a groundwater cleanup operation from being used by the operator of a groundwater cleanup operation or from being transferred, assigned, or conveyed to a third party for use, until a replacement water supply has been provided to every groundwater right holder injured by the contamination.
Status: Held in the Assembly Environmental Safety and Toxic Materials Committee.
SB 563 (Ackerman) would have appropriated $15 million from Section 79543 of Proposition 50 to the State Water Resources Control Board for allocation to the University of California to finance the establishment of a Water Quality Information Clearinghouse.
Status: Testimony taken. Held in the Senate Agriculture and Water Resources Committee.
SB 564 (Ackerman) would have appropriated $15 million from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40) to Orange County for funding new water-efficient landscape management technologies.
Status: Held in the Senate Agriculture and Water Resources Committee.
SB 565 (Florez) increases the San Joaquin Valley Cotton District’s annual assessment of delinted cottonseed from $4 to $6 per hundredweight. Status: Chapter 236, Statutes of 2003.
SB 603 (Speier) would have reenacted the provisions of SB 419, requiring the Division of Marketing Services within the Department of Food and Agriculture to conduct a Consumer Price Survey and public information program for the purpose of reporting the retail price of milk, and expands those provisions to butter and solid cheese. Would have specified the public information program include specific information available on the department web site and a toll free telephone number. Would have allowed any grocer who was not sampled to provide their stores categorical pricing information to the division and that information be posted within 5 days carrying specific disclaimers about the data collection techniques. Would have required the department to report back to the Legislature on or before March 30, 2005 concerning the effect of this article on retail dairy prices and consumer awareness of retail dairy prices.
Status: Held in the Senate Appropriations Committee.
SB 633 (Ashburn) allows for the creation of Table Grape Pest and Disease Control Districts within local counties. Prescribes the organization requirements for a properly formed district.
Status: Chapter 244, Statutes of 2003.
SB 642 (Hollingsworth) requires that if the Secretary of the Department of Food and Agriculture expends funds or awards grants to study commodity treatment and processing protocols for crops to meet standards for transport out of a quarantine area, priority shall be given to crops that are most at risk from the imposition of a quarantine and for which treatment protocols do not currently exist.
Status: Chapter 414, Statutes of 2003.
SB 654 (Machado), as heard in committee, was the original vehicle for the Water Omnibus Act of 2003 but was later gutted and amended to include language that implements the Quantification Settlement Agreement (QSA). SB 654 is one of the three measures pertaining to the QSA. The other two bills are SB 277 and SB 317. SB 654 appropriates funds from Proposition 50 for a restoration study of the Salton Sea.
Status: Chapter 613, Statutes of 2003.
SB 658 (Florez) would have removed the restriction requiring the farm product or processed form to be in the possession of the processor in order for the lien to attach.
Status: Held in the Senate Agriculture and Water Resources Committee.
SB 707 (Florez), as referred to the Committee, would have prohibited any dairy farm from opening a new facility or expanding an existing facility within three miles of an urbanized area. This bill was not heard in the Committee, but instead was referred to the Senate Environmental Quality Committee for a hearing. The latest version of this bill would have required a more rigorous environmental review procedure for the construction of a large dairy cow farm within three miles of a city, schoolsite, or an unincorporated community of over 5,000.
Status: Held in the Assembly Human Services Committee.
SB 750 (Machado) would have authorized $5 billion in general obligation bonds for purposes of financing a safe drinking water, water quality, flood protection, and water supply reliability program for California.
Status: Held in the Senate Appropriations Committee.
SB 794 (Battin) would have appropriated $1,500,000 to the State Water Resources Control Board from Proposition 50 funds for removal of invasive non-native plants, the creation and enhancement of wetlands, and the acquisition, protection, and restoration of open space and watershed lands. Specifically, the funds would have been directed to exotic Saltcedar eradication programs in Imperial, Riverside, and San Diego Counties.
Status: Testimony taken. Held in the Senate Agriculture and Water Resources Committee.
SB 833 (Machado) authorizes the Eastern Water Alliance Joint Powers Agency to grant funds to a member public agency for purposes of assisting that member public agency in acquiring water under specified conditions and to be granted funds by the San Joaquin County Board of Supervisors. Authorizes the JPA to impose an annual plan implementation charge on landowners within its boundaries, and makes other changes to relevant sections of the Water Code. This bill was not heard in the Committee, instead it was referred to the Senate Local Government Committee for a hearing.
Status: Chapter 740, Statutes of 2003.
SB 840 (Chesbro) would have authorized the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project in Lake County. The project would have been adopted and authorized substantially in accordance with the draft final project modification report of the Chief of Engineers of the United States Army Corps of Engineers. The department would have been authorized to pay 50 percent of the nonfederal capital costs of the habitat restoration, recreation, and fish and wildlife enhancement features of the project.
Status: Held in the Assembly Water, Parks, and Wildlife Committee.
SB 906 (Escutia), as heard in committee, would have made numerous changes to the financial authorities of the Water Replenishment District. This bill was later gutted and amended to establish standards for the use of personal service contracts by local governments, similar to those of state government and school districts, for work currently or customarily done by civil service employees. The amendments changed the author to Senator Alarcon.
Status: Refused passage on Assembly Floor.
SB 909 (Machado), as heard in committee, would have required that water agencies that adopt a groundwater management plan submit a copy of the plan to the California State Library. This bill was later gutted and amended to allow private water companies to apply for Proposition 50 funded grants under specified conditions.
Status: Held in the Assembly Water, Parks, and Wildlife Committee.
SB 934 (Machado) would have authorized farmers who are producer members of nonprofit agricultural cooperatives to transport California-grown fresh fruits and vegetables to a retail outlet operated by a nonprofit agricultural cooperative.
Status: Held in the Senate Agriculture and Water Resources Committee.
SB 994 (Hollingsworth), as heard in committee, would have established the conditions under which an unspecified amount of money may be appropriated by the Legislature to purchase water to avoid a material increase in salinity at the Salton Sea. The funds requested would have been proportional to the amount of water transferred pursuant to the Quantification Settlement Agreement. This bill was later gutted and amended to revise the voting procedures within the San Diego County Water Authority. Status: Held in the Assembly Water, Parks, and Wildlife Committee.
SB 1000 (Aanestad) would have added non-use of water due to water conservation as “good cause” for extending the period specified in the permit for putting the full use of water to beneficial use. Would have required the State Water Resources Control Board to grant an extension of time for putting the full use of water to beneficial use, if the SWRCB makes two findings.
Status: Held in the Senate Agriculture and Water Resources Committee.
SB 1026 (Machado) would have created the Milk and Dairy Food Safety Branch, within the California Department of Food and Agriculture.
Status: Held in the Assembly Agriculture Committee.
SB 1036 (Machado) would have created a five year pilot program to allow voluntary “forward price contracts” directly between processors and producers or cooperatives. These contracts would have been available for all classes of milk except class one fluid milk or any milk intended for fluid use.
Status: Failed passage and then held in the Senate Agriculture and Water Resources Committee.
SB 1132 (Brulte) would have established that all water management projects that were operational on or before November 5, 2002, and that would otherwise be eligible for funding through Chapter 8 of Proposition 50, be deemed a part of an adopted regional water management plan. Also would have required the Department of Water Resources to give preference to projects designed to restore, repair, rehabilitate, or replace water management projects damaged or destroyed as a consequence of fires and other natural disasters.
Status: Failed passage and then held in the Senate Environmental Committee.
SB 1136 (Chesbro) authorizes the Lake County Flood Control and Water Conservation District to participate in the NPDES storm water management system. Also authorizes the district to impose and collect special taxes, assessments, fees or other charges as a financing mechanism for NPDES related actions. Changes the name of the district and makes numerous technical amendments.
Status: Chapter 108, Statutes of 2004.
SB 1155 (Machado), as heard in committee, would have prevented the Department of Water Resources (DWR) from using State Water Project (SWP) facilities to convey or store any water for the Bureau of Reclamation, unless the Bureau is in compliance with all delta water quality standards required by the State Water Resources Control Board. This bill was later amended to require DWR, in collaboration with the Secretary of the Interior, to prepare a plan to meet water quality standards and objectives for which the SWP has some responsibility, by January 1, 2006.
Status: Chapter 612, Statutes of 2004.
SB 1197 (Denham) would have appropriated $4.5 million to the Department of Water Resources to finance the planning of a water storage facility on the upper San Joaquin River. The appropriation would have been from the $50 million earmarked in Proposition 50 for CALFED for surface water storage planning and feasibility studies.
Status: Testimony taken. Held in the Senate Agriculture & Water Resources Committee.
SB 1280 (Ortiz) adds the project for flood damage reduction and environmental restoration in the American River Watershed to the list of flood projects authorized for state participation.
Status: Chapter 616, Statutes of 2004.
SB 1310 (Johnson) extends the sunset on the Metropolitan Water District of Southern California’s required annual report on complaints from January 1, 2005 to January 1, 2010.
Status: Chapter 155, Statutes of 2004.
SB 1374 (Machado) would have added to the list of prohibitions to the State Water Resources Control Board (SWRCB) approving long term transfers that the transfer may not cause significant negative third party impacts and required the SWRCB to find the project petitioners met specific requirements.
Status: Held in the Assembly Water, Parks, and Wildlife Committee without recommendation.
SB 1425 (Machado) would have required every United States Department of Agriculture (USDA) to test all cattle over 20 months of age for Bovine Spongiform Encephalopathy (BSE) when slaughtered. Positive BSE diagnosis would have been deemed unfit for human or animal consumption and use and shall be destroyed in a segregated waste stream. Would have required every USDA inspected slaughterer to certify to a wholesaler of meat that the specified cattle was tested for BSE and received a negative test result. Would have prohibited a person from selling bovine-derived meat food product unless the manufacturer, supplier, or distributor certified that the animal was tested negative for BSE.
Status: Held in Senate Appropriations Committee.
SB 1518 (Poochigian) would have added principles to California’s current agricultural policy.
Status: Held in the Assembly Agriculture Committee.
SB 1604 (Ashburn) clarifies that owners and not growers of table grapes can petition to form a Table Grape Pest and Disease Control District (district). Clarifies that the term acreage as opposed to land should be used when referring to property within the district. Clarifies the ability for the board of supervisors to charge the district for actual expenses it incurs in the formation of the district.
Status: Chapter 400, Statutes of 2004.
SB 1620 (Aanestad) would have established the Yuba Area Flood Control Agency. The purpose of the Yuba Area Flood Control Agency would be to identify, evaluate, fund, and implement flood prevention and control strategies in the Yuba Area, on an intergovernmental, cooperative basis.
Status: Held in the Senate Agriculture & Water Resources Committee.
SB 1650 (Chesbro), as heard by the Committee, would have extended the sunset date of the Pierce’s Disease advisory task force from January 1, 2005 until January 1, 2010. After further amendments, SB 1650 was significantly amended to extend the sunset dates to March 1, 2011, for the Pierces Disease Control Program (PDCP), the Pierces Disease Management Account, and the Pierce's Disease and Glassy-winged Sharpshooter Board. Adds a referendum process to allow producers and processors to vote on future PDCP activities and assessments. Requires the Secretary of the Department of Food and Agriculture to administer the referendum as specified.
Status: Chapter 485, Statutes of 2004.
SB 1677 (Knight) allows, but does not require, the boards of Los Angeles County Flood Control District and any public agency interested in transferring storm drains to assign a designee to act on its behalf regarding acceptance or offer of storm drain improvements and drainage systems into the district. Also clarifies and modernizes language.
Status: Chapter 244, Statutes of 2004.
SB 1732 (Hollingsworth) would have created the California Dairy Farmer Environmental Enhancement Program, within the California Department of Food and Agriculture, to develop projects that would help protect California’s environmental resources such as surface and groundwater, air and air quality, and animal and fish habitat by providing on-farm dairy environmental enhancement projects.
Status: Held in the Senate Environmental Quality Committee without recommendation.
SB 1826 (Poochigian) clarifies that any person or company that engages in the business of transporting the carcasses of dead animals must properly dispose of the dead animals at a rendering plant, a licensed collection center, an animal disease diagnostic laboratory, or a crematory as opposed to burying carcasses on their property, while allowing the state veterinarian to issue a waiver to this requirement under quarantine conditions. Allows an owner to bury their animals on their own property, provided such action does not violate federal, state or local laws.
Status: Chapter 187, Statutes of 2004.
SB 1840 (Denham) recasts and revises the provisions of California law relating to the management and control of bovine tuberculosis, consistent with the State Veterinarian’s general quarantine powers.
Status: Chapter 246, Statutes of 2004.
SB 1844 (Aanestad) would have added construct ditches or laterals to the list of allowed actions irrigation districts may contract for upon petition of future owners of such ditches or laterals. By adding construct to the list of actions irrigation districts are allowed to contract for upon petition, the irrigation district would have been able to enter into contracts that the board deems necessary to construct the ditches or laterals. Such contracts may have included loan and repayment contracts, construction contracts, and rental of equipment contracts.
Status: Held in the Senate Agriculture & Water Resources Committee.
SB 1899 (Agriculture and Water Resources Committee) would have authorized the Department of Water Resources to allocate existing funds authorized under the 1988 Safe Drinking Water Bond to entities qualified by the Department of Health Services under the current provisions in order to carry out domestic water system improvement projects.
Status: Held in the Assembly Appropriations Committee.
SB 1901 (Florez), as referred to the Committee, would have prohibited employees from tasting or consuming unwashed grapes in the field or prior to testing, except in specified circumstances. SB 1901 was not heard in the Committee. This bill was gutted and amended and referred to the Senate Labor and Industrial Relations Committee. The amendments changed the author to Senator Alarcon.
Status: Vetoed by the Governor.
SB 1909 (Machado) would have replaced any reference in the Water Code to the term “reclaimed water” with “recycled water” and “recycling” for “reclamation” in the Water Code. This bill was later gutted and amended with language relating to property tax revenue shifts.
Status: Vetoed by the Governor.
SB 1910 (Agriculture and Water Resources Committee) extends the sunset date for the fruit, nut, and vegetable standardization program to January 1, 2010.
Status: Chapter 146, Statutes of 2004.
SB 1911 (Agriculture and Water Resources Committee) clarifies that the amount of a surety bond need only apply to a calendar year and not a license year in order to facilitate many of the smaller milk handlers who have difficulties securing bonds for three times their yearly purchase in order to meet their statutorily required financial obligation.
Status: Chapter 70, Statutes of 2004.
Assembly Bills
AB 105 (Wiggins) repeals the California Environmental Quality Improvement Revolving Loan Program and the Coastal Farmland Preservation Program that was enacted last year in AB 52. This bill was amended to include language authorizing the Department of Water Resources to allocate Safe Drinking Water Bond funds to entities qualified by the Department of Health Services under the current provisions in order to carry out domestic water system improvement projects.
Status: Chapter 497, Statutes of 2004.
AB 107 (Corbett), as referred to committee, would have established preferences for awarding Proposition 50 funds for water security projects. This bill was gutted and amended with language that authorizes local reclamation and flood control district to adopt flood control standards that are more protective of public safety than those standards adopted by the State Reclamation Board. The amendments changed the author to Assemblymember Steinberg.
Status: Chapter 498, Statutes of 2004.
AB 185 (Jerome Horton) prohibits the Secretary of the Department of Food and Agriculture to contract with the Los Angeles County Board of Supervisors for services provided under a cooperative agreement, unless the agricultural inspectors performing the work are afforded protections as permanent employees under the county’s civil service personnel system.
Status: Chapter 832, Statutes of 2003.
AB 248 (Nunez) directs the secretary of the Fruit Tree, Nut Tree and Grapevine Improvement Advisory Board to reappoint no more than eight of the existing eleven current members of the board within a two-year period, extends the sunset for the board ten additional years to January 1, 2014, and provides that members may serve for fixed terms of up to two years.
Status: Chapter 722, Statutes of 2003.
AB 314 (Kehoe) establishes state policy that desalination projects developed by or for public water entities be given the same opportunities for state assistance and funding as other water supply and reliability projects.
Status: Chapter 206, Statutes of 2003.
AB 315 (Salinas) eliminates the subvention formula that the Department of Food and Agriculture uses to reimburse counties for costs incurred enforcing the chapter making the statutory annual reimbursement $120,000. Extends the sunsets on the county reimbursement section, the section establishing the formula for how a county qualifies, and the section mandating a cooperative agreement between counties and the department, from 2004 until 2009.
Status: Chapter 349, Statutes of 2003.
AB 317 (Salinas) includes cherry tomatoes in the definition of tomato for purposes of inclusion in California Tomato Commission research and marketing activities, subject to referendum.
Status: Chapter 350, Statutes of 2003.
AB 329 (Parra) would have established a licensure program for ruminant nutritionists, authorized the Secretary of the Department of Food and Agriculture to adopt regulations to implement the program by 2005, and provided that a portion of tonnage tax is to be used for research and education regarding commercial feed.
Status: Testimony taken. Held in the Senate Agriculture and Water Resources Committee.
AB 347 (Kehoe) would have given the Board of Directors of the 22nd District Agricultural Association the authority to increase wages for excluded and exempt employees by a maximum of 35 percent in order to improve recruitment and retention. Status: Vetoed by the Governor.
AB 426 (Richman), as heard in committee, would have required the Department of Water Resources to establish a procedure to lease space above the State Water Project conveyance facilities to private entities for installing and generating electricity from solar panels. This bill was later gutted and amended to address local publicly owned electric utilities and cost responsibility surcharges.
Status: Held on the Assembly Inactive File.
AB 514 (Kehoe) requires any urban water supplier that, as of January 1, 2004, receives water from the Central Valley Project, to install water meters on not less than 97% of all service connections to residential and nonagricultural commercial buildings constructed before January 1, 1992, located within its service area by January 1, 2013 and to charge customers for water based on the actual volume of deliveries, as measured by a water meter on or after January 1, 2013.
Status: Chapter 680, Statutes of 2003.
AB 776 (Matthews) clarifies that organic producers, handlers, and processors’ registration fees to the Department of Food and Agriculture be paid by a new registrant for organic producers after the initial year’s fees are based upon the specified schedule of fees. Also creates the Milk and Dairy Food Safety Branch, within the Department of Food and Agriculture.
Status: Chapter 726, Statutes of 2003.
AB 806 (Wiggins) would have given the Secretary of the California Department of Food and Agriculture discretion to reserve up to $200,000 of the $1,000,000 appropriation of the unclaimed gasoline tax to be used for small emergency infestations. Also would have defined small emergency projects as those that have an estimated cost of $200,000 or less. This bill was gutted and amended with language providing that with the exception of the requirements with respect to holiday pay provisions, excludes from the requirements relating to personal services contracts that are performed by employees of nonprofit organizations that are employed pursuant to a specified license, certificate, community rehabilitation plan, or a habilitation services program.
Status: Chapter 26, Statutes of 2004.
AB 815 (Wiggins), as referred to committee, would have classified horses as agricultural animals only for purposes of the eligibility of horse owners for federal grants. After this bill was gutted and amended with language relating to workers’ compensation fraud, it was withdrawn from the committee.
Status: Held in the Senate Labor and Industrial Relations Committee.
AB 869 (Parra) would have allowed the Department of Food and Agriculture or individual county agricultural commissioners to levy, in lieu of civil prosecution, a civil penalty against persons who violate provisions related to fruit, nut, or vegetable standards.
Status: Failed passage and then held in the Senate Agriculture and Water Resources Committee.
AB 887 (Agriculture - Matthews) provides authority to the board of the California Grape Rootstock Improvement Commission to have tiered assessments on the various types of rootstock without increasing the maximum current assessment levels. Also makes technical code cleanup changes by eliminating an antiquated fee directive.
Status: Chapter 179, Statutes of 2003.
AB 1006 (Chu) would have made certain findings relating to the potential risk of pesticide use. Bans public schools from using the “most highly toxic” pesticides, as specified, on school property. Would have permitted the Integrated Pest Management (IPM) coordinator, if the school district has established an IPM program, or the school district designee, to use a most highly toxic pesticide, if specified conditions exist.
Status: Testimony taken. Held in the Senate Agriculture and Water Resources Committee.
AB 1020 (Steinberg) authorizes the Sacramento Area Flood Control Agency, at the discretion of the Reclamation Board, to provide assurances of local cooperation for the south Sacramento County streams project in lieu of those same assurances by the Reclamation Board.
Status: Chapter 749, Statutes of 2004.
AB 1069 (Agriculture - Matthews) provides a definition for a shipped egg, sets forth a new procedure for the regulation of out-of-state egg shippers, conforms assessments, record keeping requirements, and auditing requirements for in-state and out-of-state egg producers.
Status: Chapter 283, Statutes of 2004.
AB 1071 (Matthews) authorizes the Secretary of the Department of Food and Agriculture, until January 1, 2010, to designate 15 percent of the tonnage taxes collected, or $200,000, whichever is greater, to fund research and education regarding the safe manufacture, distribution, and use of commercial feed. Extends for five years to July 1, 2010, the renderer enforcement program at the department and the ability for the department to impose administrative fees on renders and collection centers in connection with animal rendering. Authorizes licensed transporters or licensed renderers of inedible kitchen grease to deliver inedible kitchen grease to a licensed renderer or collection center for processing or recycling into usable products. Requires a registered transporter of inedible kitchen grease to notify the county health officer, where the inedible grease was collected, that their contract has either terminated or expired.
Status: Chapter 929, Statutes of 2004.
AB 1076 (Maldonado) would have directed the Director of the Department of Pesticide Regulation to adopt regulations pertaining to low volume pesticide application. Would have required the adoption of regulations dealing with low volume pesticide application, with intent to comply with the advisory opinion issued by the United States Environmental Protection Agency Federal Register and includes a requirement the regulation must specify appropriate reentry intervals for use with low volume pesticides. Would have defined "low volume pesticide applications" as the application of pesticides in a diluted formulation applied at a rate less than that specified on the label, but greater than one-half gallon per acre.
Status: Held in the Senate Environmental Quality Committee.
AB 1080 (Agriculture - Matthews) provides that a violation of specific provisions of the United States Plant Variety Protection Act (PVPA) is a violation of the California Seed Law. Status:
Chapter 282, Statutes of 2003.
AB 1085 (Agriculture - Matthews) clarifies that the Secretary of the California Department of Food and Agriculture has the authority to include or preclude any agricultural crops that may or may not be susceptible to curly top virus from the assessment to fund the control program.
Status: Chapter 685, Statutes of 2003.
AB 1300 (Laird), as referred to committee, would have required the Secretary of the Resources Agency to prepare an annual report that summarizes Proposition 50 expenditures and make the information available to the public through the Internet and by any other means that the agency determines is cost effective. This bill was later gutted and amended in committee to prevent the Monterey Peninsula Water Management District from operating, unless specific the district authorizes specific water projects by January 1, 2010.
Status: Held in the Senate Agriculture and Water Resource Committee.
AB 1304 (Agriculture - Matthews) strikes the requirement to use the American Arbitration Association as the conciliator and replaces that mandate with a provision authorizing the parties to select the conciliator to commence the conciliation process in accordance with its commercial mediation rules.
Status: Chapter 145, Statutes of 2003.
AB 1335 (Matthews) would have added clarifying language that all pesticides sold into this state by any person subject to this article shall show the amount of assessment.
Status: Held in the Senate Energy, Utilities, and Communications Committee.
AB 1521 (Parra) eliminates several obsolete provisions concerning establishing bovine TB control areas, testing of cattle, transporting animals into an area, excluding cattle, retesting, and withdrawing counties from a control area. This bill was gutted and amended with language that makes numerous substantive and technical changes to state law governing municipal elections.
Status: Chapter 824, Statutes of 2003.
AB 1522 (Parra) would have made numerous technical and other changes to the State Water Resources Control Board’s authorities over water rights permits.
Status: Held in the Senate Agriculture and Water Resources Committee.
AB 1647 (Wiggins), as referred to committee, would have established that the use of a livestock stockpond for irrigation purposes does not constitute a change in the purpose of the use of the water involved. This bill was later gutted and amended in committee to authorize investor-owned water utility and mutual water companies to be eligible for grant funding from the sale of any GO bond, unless they are not included or excluded by the express provisions of the bond authorization act. The amendments changed the author to Assemblymember Jerome Horton.
Status: Held in the Senate Energy, Utilities, and Communications Committee.
AB 1724 (Agriculture - Matthews) clarifies the law regarding requirements to operate as a pest control business, clarifies the existing process through which violations of pesticide laws are prosecuted, and establishes penalties for violation of specified structural fumigation laws.
Status: Chapter 366, Statutes of 2003.
AB 1725 (Agriculture - Matthews) provides for administrative fines of up to $5,000 for serious violations of laws governing structural pest control licensees, further aligns civil penalty programs under the Structural Pest Control Board and the State Department of Pesticide Regulation, and clarifies that a structural pest control operator may perform repairs allowed within the scope of his/her license. This bill was initially referred to Committee. However, upon further review of the subject matter, AB 1725 was rereferred to the Senate Business and Professions Committee.
Status: Chapter 443, Statutes of 2004.
AB 1726 (Agriculture) extends to January 1, 2007, the authority for the California Department of Food and Agriculture (CDFA) to collect certificate and inspection fees and the authority for CDFA and the County Agricultural Commissioner to impose civil penalties for certified farmers’ markets. Authorizes CDFA to assess a late penalty charge to an operator of a certified farmers’ market who fails to pay the certificate and inspection fee.
Status: Chapter 444, Statutes of 2004.
AB 1771 (Water, Parks, and Wildlife - Canciamilla) adds Proposition 40 and 50 to the list of bond measures exempt from Administrative Procedures Act requirements for the adoption and revision of regulations, guidelines, or criteria. Requires the cost of issuance of Proposition 50 bonds to be paid out of the bond proceeds to be shared proportionately by each program funded from the initiative, and requires the costs incurred in administering programs authorized in Proposition 50 to be paid from the proceeds of the bonds. Reclassifies five bills chaptered in 2002 (AB 52, Wiggins; AB 716, Firebaugh; AB 1768, Oropeza; AB 2534, Pavley; and SB 984, Costa) as budget act bills to strictly satisfy the appropriations requirements of Proposition 40.
Status: Chapter 698, Statutes of 2003.
AB 1896 (Jerome Horton) prohibits the California Department of Food and Agriculture from contracting with the Los Angeles County Board of Supervisors for agricultural inspector services, unless a certain percentage of agricultural inspector aides are hired as permanent employees under the county’s civil service or other personnel system.
Status: Chapter 631, Statutes of 2004.
AB 1908 (Canciamilla), as referred to committee, would have allowed a public agency that recycles water to serve that water within the boundaries of a county water district. This bill was later gutted and amended in committee to transfer the duty to regulate water utilities from the Public Utilities Commission to the Department of Water Resources by January 1, 2006.
Status: Held in the Senate Energy, Utilities, and Communications Committee.
AB 1983 (Wolk) would have amended the authority and powers of the Reclamation Board to include environmental protection and restoration activities associated with flood control projects.
Status: Held in the Senate Appropriations Committee.
AB 2054 (Wolk) extends from December 31, 2005 to December 31, 2010, the time period during which the University of California Sustainable Agriculture Research and Education program is authorized to provide grant funds for new pilot on-farm demonstration projects of integrated biological and cultural pest control techniques.
Status: Chapter 446, Statutes of 2004.
AB 2074 (Runner) changes the filing date for every fair in the network of California fairs to submit their statement of operations to the Department of Food and Agriculture from January 20th of each year to 90 days following the close of their fiscal year in order to receive state financial assistance. Status: Chapter 341, Statutes of 2004.
AB 2095 (Bogh) would have made legislative declarations that the introduction and spread of the Red Imported Fire Ant (RIFA) is a significant threat to Californians and the state’s plants and animals, and therefore the eradication of the RIFA is essential for health and safety purposes. Would have permitted the secretary of the California Department of Food and Agriculture to establish a quarantine or other regulations to prohibit the importation of the RIFA.
Status: Held in the Senate Health and Human Services Committee.
AB 2141 (Longville) makes numerous findings and declarations describing the dangers and challenges of alluvial fan flooding. Requires the director of the Department of Water Resources to establish the Alluvial Fan Task Force by June 30, 2005.
Status: Chapter 878, Statutes of 2004.
AB 2197 (Aghazarian) would have required the Secretary of the Resources Agency to convene an advisory group by February 1, 2005, to assist the secretary in evaluating whether the Department of Water Resources should continue inspect dams that are annually inspected by Federal Energy Regulatory Commission.
Status: Vetoed by the Governor.
AB 2257 (Salinas) revises the California Pepper Commission.
Status: Chapter 167, Statutes of 2004.
AB 2298 (Plescia) would have required, by January 1, 2006, separate water meter or sub meter for all new irrigated landscaped areas of 10,000 square feet or more, excluding parcels occupied by a single-family residential dwelling, that are served by urban water. Would have further required, by January 1, 2012, either a separate water meter or sub meter or weather based controlled irrigation system for all existing irrigated landscapes of one acre or more that are not located within a parcel occupied by a single-family residential dwelling.
Status: Testimony taken. Held in the Senate Agriculture and Water Resources Committee.
AB 2470 (Kehoe) authorizes public water agencies to undertake water conservation and public education programs using an information booklet or materials for use in connection with the use or transfer of real estate containing up to four residential units. Establishes a voluntary program for sellers and brokers of residential property to provide buyers of residential property with informational booklets and other materials on water conservation and water conservation programs.
Status: Chapter 111, Statutes of 2004.
AB 2478 (Cogdill) would have authorized milk products plants, if approved by the Department of Food and Agriculture, to adhere to inspection protocols of the Hazard Analysis Critical Control Points procedures established under the auspices of the National Conference on Interstate Milk Shipments. Would have prohibited dairies that begin operation on or after August 1, 2004, from marketing manufactured milk, except as specified. Status: Held in the Senate Agriculture and Water Resources Committee.
AB 2572 (Kehoe) requires urban water suppliers that were not required under current law to meter water to install water meters on all municipal and industrial service connections located within its service area on or before January 1, 2025, and charge each customer that has a service connection for which a water meter has been installed based on the actual volume of deliveries, as measured by the water meter, beginning on or before January 1, 2010.
Status: Chapter 884, Statutes of 2004.
AB 2633 (Frommer) would have enacted the Interceptor Grease Transportation, Recycling, and Disposal Act. Would have specified a registration process that is required for an interceptor grease transporter registration. Would have required all grease removed from grease traps or grease interceptors to be transported by a registered grease waste hauler. Would have required a grease waste hauler to give a receipt estimating the quantity of grease waste received from a generator.
Status: Vetoed by the Governor.
AB 2717 (Laird) declares the Legislature’s intent that the Urban Water Conservation Council convene a stakeholders’ workgroup to develop proposals for improving the efficiency of water use in new and existing urban irrigated landscapes.
Status: Chapter 682, Statutes of 2004.
AB 2733 (Strickland) allows the State Water Resources Control Board (SWRCB) to designate a local agency to receive and maintain the groundwater extraction data instead of the SWRCB, if the board makes certain determinations. Allows the local agency to charge a filing fee. Requires the local agency to make the groundwater extraction information available to the public. Specifies that a person who would be required to file the notice with the local agency would continue to be subject to the existing enforcement provisions governing the recordation of water extraction and diversions in the same manner and to the same extent as a person who files the notice with the SWRCB.
Status: Chapter 535, Statutes of 2004.
AB 2734 (Strickland) increases the limit on the Fox Canyon Groundwater Management Agency groundwater extraction charge from $3 to $6 per acre-foot.
Status: Chapter 242, Statutes of 2004.
AB 2916 (Negrete McLeod) provides that butter grader, tester, sampler and weighers, technician, pasteurizer, nonfat milk solids tester licenses expire two years from the issue date. In order for license renewals to be issued, the license renewal fees must be received within 90 days of expiration. Increases the initial and renewal license fees for specified licenses.
Status: Chapter 457, Statutes of 2004.
AB 2920 (Laird) repeals the provision that would revert the nursery stock license fee cap back to $100 on July 1, 2005.
Status: Chapter 170, Statutes of 2004.
AB 2925 (Ridley-Thomas) would have required the California Department of Food and Agriculture’s Division of Fairs and Expositions, the California State Exposition and Fair, and the California African-American Museum to work together in an effort to increase the availability and quality of cultural exhibits that fairs display.
Status: Failed passage in the Senate Agriculture and Water Resources Committee.
AB 3024 (Agriculture) gives the secretary of the California Department of Food and Agriculture (CDFA) the discretion to determine which enforcement activities of the California Seed Law will be conducted by county agriculture commissioners and which will be conducted by CDFA.
Status: Chapter 459, Statutes of 2004.
AB 3025 (Agriculture), a committee omnibus bill, removes the requirement for annually reporting to the Legislature regarding the "Buy California Program" on its expenditures, progress, and ongoing priorities, unless money from the General Fund is used to finance the program. Also removes the mandatory requirement for the California Department of Food and Agriculture to hold a public hearing on native plants, unless such a hearing were requested by resolution from any county board of supervisor.
Status: Chapter 460, Statutes of 2004.
AB 3031 (Matthews) would have required all raw milk sold to consumers shall be tested and found negative for the presence of pathogenic organisms common to milk prior to being offered for sale.
Status: Held in the Senate Agriculture and Water Resources Committee.
AB 3045 (Agriculture) authorizes the Secretary of the Department of Food and Agriculture to charge dairy farms a follow-up inspection fee, not to exceed three mills ($0.003), for facilities found to be out of compliance in the initial inspection.
Status: Chapter 352, Statutes of 2004.
AB 3046 (Agriculture) allows the Department of Food and Agriculture to charge a dairy producer, who violates provisions restricting the presence of drug residues in milk, the direct costs of enforcement, including, but not limited to costs associated with initial and follow up inspections and the costs for any hearings. States that nothing restricts the Secretary’s discretion to impose one, all, or a combination of remedies or penalties available by statute or regulation.
Status: Chapter 436, Statutes of 2004.
ACR 69 (Nakanishi) makes several declarations concerning the Processed Food Institute at San Jose State University. These declarations include the mission, which is to create strategic alliances between the university, food industry, and government entities, its intention to act as a bridge to these entities and foreign trade opportunities, and it will focus on fee based activities serving the food industry. Memorializes the Department of Food and Agriculture, the Department of Health Services, and the Technology, Trade, and Commerce Agency to, whenever possible, support and collaborate with the San Jose State University Processed Food Institute.
Status: Resolution Chapter 139, Statutes of 2003.
AJR 65 (Bogh) states the importance of protecting and promoting tribal sovereign governmental rights, the cultural identity, and the interests of federally recognized tribes. Resolves that the Legislature supports the resolution of the ongoing negotiations between the Soboba tribe, the Eastern Municipal Water District and the Lake Hemet Municipal Water District, the Metropolitan Water District of Southern California, and the United States Department of the Interior; memorializes the United States Department of the Interior to give its full support to the settlement legislation; and memorializes the United States Congress to pass the settlement legislation.
Status: Resolution Chapter 100, Statutes of 2004.
AJR 69 (Matthews) requests Congress to support the passage of HR 3242, the Specialty Crop Competitiveness Act. Makes legislative findings recognizing the importance of partnering between federal and state governments to protect California’s food and fiber from exotic pests and diseases and the importance that local agriculture has in our daily lives.
Status: Resolution Chapter 104, Statutes of 2004.
Informational Hearings
1/21/03 - Status Of The Colorado River Quantification Settlement Agreement?
This hearing focused on the current state of negotiations to bring California within its annual 4.4 million acre-foot use of water from the Colorado River (a.k.a. QSA). The committee heard testimony from representatives of each of the key parties: Department of Water Resources, Imperial Irrigation District, Metropolitan Water District of Southern California, San Diego County Water Authority, and Coachella Valley Water District.
2/4/03 - Exotic Newcastle Disease In California Poultry
This hearing discussed how the exotic Newcastle disease is effecting California’s poultry industry. The industry gave their perspective on the impacts and challenges they are facing due to the disease.
3/4/03 - Will The California Water Plan Update Meet The Requirements Of The Law?
This hearing focused on changes being made to the California Water Plan and the Department of Water Resource’s (DWR) strategy for completing the 2003 update. In addition to representatives of DWR, the Committee heard testimony from a number of representatives of DWR’s advisory committee.
3/18/03 - The Role Of The Bay Delta Public Advisory Committee (BDPAC) In The Implementation Of The Record Of Decision
This hearing focused on the challenges facing Bay-Delta Public Advisory Committee and the issues being addressed in BDPAC sub-committees. The Committee heard testimony from the Chair of BDPAC and the Chairs of each of the BDPAC sub-committees.
4/29/03 - The Proposed QSA: What Is The Agreement And How Will It Affect California?
This hearing was a briefing by the Secretary of Resources on the then current state of negotiations on the Quantification Settlement Agreement. The Committee also heard from representatives of Imperial Irrigation District, Metropolitan Water District of Southern California, San Diego County Water Agency, and Coachella Valley Water District on the potential effect of the QSA on their agencies.
5/20/04 - What Is the Future Of The University Of California’s Cooperative Extension?
This hearing discussed the future of the Cooperative Extension and Agricultural Experiments Stations in light of severe budget cuts. What services will the programs continue to offer farmers and the community in California’s various counties were also discussed.
9/30/03 - Napa Water Agreement
The hearing explored four basic questions: What is the proposed Napa water agreement? What are the benefits of the proposed agreement? What are the concerns of the proposed agreement? How does the agreement fit into the CalFed Record of Decision? Witnesses included representatives of the Department of Water Resources and the United States Bureau of Reclamation, delta exporters, delta water users, environmental organizations, and the California Bay-Delta Authority.
10/1/03 - Third Party Impacts – Part I
The first of two hearings on third-party impacts of water transfers, this hearing focused on three main issues: What are the legal considerations for state protection against negative third-party effects of water transfers? What is the empirical evidence about the third-party impacts of water transfers? What lessons can be learned from short-term water transfers? Witnesses included law professors, academics, local government, and water agencies.
10/15/03 - Water And Land Use Planning: Assessing The Effects Of SB 221 (Kuehl, 2001) And SB 610 (Costa, 2001)
The Senate Agriculture and Water Resources Committee and the Senate Local Government Committee held a joint interim hearing to assess the effects of SB 221 (Kuehl, 2001) and SB 610 (Costa, 2001). The hearing examined the connections between water and land use planning. Testimony and comments came from researchers, policy analysts, local officials, and area residents.
11/13/03 - Agriculture Land Preservation Policy
This hearing focused on examples of how agriculture land preservation policies are successful in Solano and Yolo Counties.
12/16/03 - Third Party Impacts – Part II
This hearing focused on lessons learned from three long-term transfers. Testimony and comments came from water agency representatives, local officials, and area residents.
1/20/04 - Mad Cow Disease: Its Impacts, Our Future
This hearing gave an overview of the Mad Cow Disease, the economic impact to the cattle industry and impacts of the embargo due to the disease, and actions the Legislature should consider. State agency, academic researchers, and industry representatives gave their perspective on the current climate and concerns for the future.
2/3/04 - Implementing Proposition 50 Programs: Progress To Date
This hearing gave an overview of the progress made in implementing Proposition 50. Representatives of implementing state agency as well as potential grant recipients provided testimony and comment.
2/17/04 - Restoring The Sacramento/San Joaquin Delta: Where Do We Go From Here?
A follow up to the September 30, 2003 hearing on the Proposed Napa Agreement, this hearing explored next steps to restore the Delta. Witnesses included representatives of state and federal agencies, water agencies, delta water users, and environmental interest groups.
2/24/04 - Recall Authority And Mad Cow Disease: Is The Current System Good For Californians?
This hearing evaluated product safety in domestic and foreign markets, government’s response to contamination, and demands that the industry faces with Mad Cow Disease. State and local agencies, academic researchers, and industry representatives gave their perspective on the issue.
8/3/04 - Evaluating The Levee Break Emergency
The principle focus of this hearing was to determine what worked well and what needs to be improved when responding to a levee break. Testimony and comments were provided by representatives of state and federal agencies, local reclamation districts, and area residents.
10/12/04 - Resurrecting A Dead River: How Restoring The San Joaquin River May Benefit The Delta
This hearing explored the potential benefits and opportunities that might arise as a result of NRDC v. Rogers. Witnesses included representatives of state agencies, water agencies, delta water users, and environmental
