AB 120 — Public Resources.

Summary

(1) Existing law governs weights and measures in this state, and authorizes the Secretary of Food and Agriculture to enforce those provisions, as specified. Existing law requires the secretary to adopt all necessary regulations governing the inspection frequency of all commercially used weights, measures, and weighing and measuring apparatus. Existing law provides that fees collected pursuant to this provision shall be credited to the General Fund. This bill would provide that the fees described above shall be credited to the Department of Food and Agriculture Fund, rather than the General Fund. The bill would make related technical changes. (2) Existing law governing weights and measures also provides that there is in each county the office of county sealer, as defined, of weights and measures to administer those provisions, as specified. Existing law requires each sealer, within his or her county, to try and test all weights, scales, beams, measures, instruments or mechanical devices for weighing or measurements, and other devices, as specified, to calibrate, test, weigh, and measure, and certify to the accuracy of, noncommercial weights and measures and weighing and measuring devices, and instruments, tools, and accessories connected therewith. Existing law also requires each sealer to, from time to time, weigh or measure packages, containers, or amounts of commodities sold, or in the process of delivery, in order to determine whether they contain the quantity or amount represented and to determine whether they are being sold in accordance with existing law. Existing law authorizes, only until January 1, 2013, the board of supervisors of a county to charge an annual registration fee, not to exceed the county's total cost of actually inspecting or testing the devices to recover the costs of inspecting or testing the weighing and measuring devices required of the county sealer, as specified. This bill would require, only until January 1, 2013, the secretary to establish by regulation an annual administrative fee to recover reasonable administrative and enforcement costs incurred by the department for the duties performed by sealers, as described above. The fee would be collected and paid beginning January 1, 2012. (3) Existing law requires the secretary to provide by rules and regulations for the submission for approval of types or designs of weights, measures, or weighing, measuring, or counting instruments or devices, used for commercial purposes, and to issue certificates of approval of such types or designs as the secretary finds meet the requirements of state law, as specified. Existing law requires the secretary to charge and collect fees from persons submitting weighing and measuring devices for approval. Existing law provides that these fees shall be credited to the General Fund. This bill would instead require the secretary to charge and collect an application fee and reasonable deposit from those persons. The bill would provide that costs incurred by the department that exceed the deposit shall be charged and collected. The bill would authorize the secretary to charge an annual administrative fee for the maintenance of type approval certificates in hard copy and electronic formats. The bill would also provide that these fees shall be deposited into the Department of Food and Agriculture Fund, rather than the General Fund. (4) Existing law provides for an annual appropriation to the department, from the total revenue received by the department, except as specified, those sums as the Legislature deems necessary for the oversight of the network of California fairs, as specified, and for the auditing of all district agricultural association fairs, county fairs, and citrus fruit fairs. This bill would provide that any unallocated balance from that provision would be appropriated without regard to fiscal years for allocation by the secretary for specified projects relating to the operation of fairs, thereby making an appropriation. The bill would also provide that a portion of the funds may be allocated to the California fairs for general operational support. (5) Existing law, now obsolete, prohibits the Secretary of Food and Agriculture from entering into a cooperative agreement with the County of Los Angeles for agricultural inspection services if the agreement requires that year-round services be provided, unless specified percentages of agricultural inspector aides not afforded protections as permanent employees employed under the agreement are afforded county civil service protections, as specified, for the 2004–05, 2005–06, and 2006–07 fiscal years. (6) Existing law designates the Department of Food and Agriculture as the lead department in noxious weed management. An obsolete provision of existing law requires the department to submit to the Legislature an annual report on or before April 1 of each year through 2005. This bill would delete the obsolete provisions of existing law described above. (7) Existing law governs the reporting, transportation, handling, and disposal, as specified, of animals that are infected with a contagious disease. Existing law provides for the quarantine or destruction of diseased animals, and the vaccination of certain animals. Existing law requires the secretary to license biologic establishments, which are engaged in the production of products used to diagnose and detect or prevent or treat disease in animals other than man, if those establishments meet certain requirements. Existing law authorizes the secretary to make any necessary investigations relative to the reporting violations of these provisions. Existing law provides for the collection of fees and penalties and for the imposition of a lien in connection with these provisions. This bill would authorize, only until January 1, 2017, the department to establish, by regulation, a fee schedule not to exceed the reasonable costs associated with carrying out these provisions, up to a maximum fee of $500 for each license, permit, registration, product, or service, as specified. The bill would also make related technical changes. (8) Existing law, the California Meat and Poultry Inspection Act, requires the secretary to provide for the inspection and regulation of livestock and poultry products. The act provides that any person that violates these provisions is subject to civil penalties, as specified. Existing law requires that any money received pursuant to the provision providing for civil penalties, less associated investigative and legal costs incurred by the department, be deposited in the General Fund. This bill would instead provide that the moneys received as civil penalties pursuant to the provision described above be deposited into the Department of Food and Agriculture Fund and upon appropriation by the Legislature shall be used for specified purposes. The bill would delete the provision excluding associated investigative and legal costs incurred by the department from the moneys deposited pursuant to that provision. The bill would make related technical changes. (9) Existing law, the California Meat and Poultry Supplemental Inspection Act, authorizes the secretary to adopt, by regulation, standards and requirements relating to inspection, sanitation, facilities, equipment, reinspection, preparation, processing, buying, selling, and transporting, among other acts, of livestock and poultry. A violation of the act is a misdemeanor. The California Meat and Poultry Supplemental Inspection Act also requires each person to be licensed prior to operating a meat processing establishment or a custom livestock slaughterhouse, and establishes application fees for initial and renewal of licenses for livestock meat inspectors and processing inspectors, and licensing fees for the operation of slaughterhouses. Existing law defines a meat processing establishment for purposes of the act to include, among other places, an establishment where livestock products of swine are cooked. Existing law requires the secretary to report to the Controller at least once each month the total amount of money collected pursuant to these provisions and to pay into the State Treasury the entire amount of the receipts that shall be credited to the General Fund. This bill would delete establishments where livestock products of swine are cooked from the definition of a meat processing establishment for purposes of the act. The bill would set forth a specified definition for "smoking" for purposes of the act. The bill would increase the fees for licenses and renewal of licenses, impose specified penalties for the failure to pay the fee for renewal of a license prior to the expiration date of the license, and establish criteria for the fee for a license application submitted upon change of ownership of a custom slaughterhouse, as specified. The bill would repeal, on January 1, 2017, the provisions establishing application fees for initial and renewal of licenses for livestock meat inspectors and processing inspectors, and other fees, as specified, for the operation of slaughterhouses. The bill would set forth a specified standard for fees, charges, and collections made pursuant to these provisions and would provide that these amounts be deposited into the Department of Food and Agriculture Fund, including penalties that would be made available for use upon appropriation by the Legislature. The bill would make other similar changes. The bill would also delete the requirement that the secretary report to the Controller the total amount of money collected at least once each month. The bill would also prohibit a person from operating an establishment performing any of the functions listed in the act, unless the establishment is licensed and meets building and sanitation standards. Because a violation of the act is a crime, the bill would impose a state-mandated local program. (10) Existing law provides for the regulation, inspection, and licensing of poultry plants and poultry meat inspectors. This bill would revise the licensing scheme and increase the fees for the licensing and renewal of licenses in connection with poultry plant operations and poultry meat inspections, and would repeal the licensing provisions, as specified, on January 1, 2017. The bill would make other related changes. (11) Existing law, the California Seed Law, requires certain persons involved in selling agricultural or vegetable seeds to register with the secretary and pay assessments, as specified. Existing law requires that total expenditures from funds derived from registration fees and assessments, as specified, not exceed the department's cost of carrying out these provisions, except as specified. This bill would delete the specified exception. (12) Existing law designates the issuance by the Department of Fish and Game of permits to operate vacuum or suction dredge equipment to be a project under the California Environmental Quality Act (CEQA) , and suspends the issuance of permits, and mining pursuant to a permit, until the department has completed an environmental impact report for the project as ordered by the court in a specified court action. Existing law prohibits the use of any vacuum or suction dredge equipment in any river, stream, or lake, for instream mining purposes, until the Director of Fish and Game certifies to the Secretary of State that (a) the department has completed the environmental review of its existing vacuum or suction dredge equipment regulations as ordered by the court, (b) the department has transmitted for filing with the Secretary of State a certified copy of new regulations, as necessary, and (c) the new regulations are operative. This bill would modify that moratorium to prohibit the use of vacuum or suction dredge equipment until June 30, 2016, or until the director's certification to the secretary as described above, whichever is earlier. The bill would additionally require the director to certify that the new regulations fully mitigate all identified significant environmental impacts and that a fee structure is in place that will fully cover all costs to the department related to the administration of the program. (13) Existing law provides for the accounting and expenditure of funds collected pursuant to a former law relating to abalone. Existing law provides for the appointment of a 6-member Commercial Abalone Advisory Committee to make recommendations to the director for activities to be conducted with funds collected under that former law. The latter provision is repealed as of January 1, 2013. This bill would, on January 1, 2012, abolish the committee and extend the operation of the accounting and expenditure provisions indefinitely. (14) Existing law establishes the State Interagency Oil Spill Committee and specifies its membership. Existing law also provides for a review subcommittee in that committee. This bill would, on January 1, 2012, repeal the committee and review committee. The bill would also make conforming changes. (15) Existing law generally regulates the drilling, operation, maintenance, and abandonment of oil and gas wells. Existing law provides that the proceeds of charges levied, assessed, and collected upon the property of a person operating or owning an interest in the production of a well shall be used exclusively for the support and maintenance of the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation. This bill instead would provide that the proceeds of those charges shall be used exclusively for the support and maintenance costs of the Department of Conservation incurred in the supervision of oil and gas operations. (16) Under existing law, a public entity or public employee is not liable for injury or damage caused by a condition of public property located in, or injury or damage otherwise occurring in, or arising out of an activity in, a unit of the state park system that is designated as closed, partially closed, or subject to service reduction by the Department of Parks and Recreation for purposes of achieving budget reductions, among other things. This bill would delete these provisions and would instead limit a public entity or public employee from liability, as provided in the existing Tort Claims Act, for injury or damage caused by a condition of public property located in, or injury or damage otherwise occurring in, or arising out of an activity in, a unit of the state park system that is designated as closed, partially closed, or subject to service reduction by the department. (17) Under existing law, the State Water Resources Control Board operates a wastewater treatment plant classification and operator certification program pursuant to which supervisors and operators of wastewater treatment plants are required to possess certificates of the appropriate grade. Existing law authorizes the board to impose fees to cover the costs of the program, and requires the fees to be deposited in the Wastewater Operator Certification Fund. The board is authorized to expend the moneys in the fund, upon appropriation by the Legislature, for purposes of administering the program. This bill would additionally require other moneys appropriated by the Legislature for deposit in the fund, and interest earned upon moneys in the fund, to be deposited into the fund. (18) This bill would appropriate $1,000 from the Wastewater Operator Certification Fund to the State Water Resources Control Board for administrative costs. (19) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (20) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 07/26/11 - Chaptered Current pdf July 26, 2011
• Enrolled 07/12/11 - Enrolled pdf July 12, 2011
• Amended 06/08/11 - Amended Senate pdf June 08, 2011
• Introduced 01/10/11 - Introduced pdf January 10, 2011
• AB120 View text html

Action History

1. July 26, 2011

   Chaptered by Secretary of State - Chapter 133, Statutes of 2011.

2. July 26, 2011

   Approved by the Governor.

3. July 14, 2011

   Enrolled and presented to the Governor at 3:15 p.m.

4. June 15, 2011

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 1956.).

5. June 13, 2011

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 15 pursuant to Assembly Rule 77.

6. June 10, 2011

   Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 13. Page 1373.).

7. June 10, 2011

   (Page 1369.)

8. June 10, 2011

   Pursuant to Joint Rule 33.1, Joint Rule 10.5 suspended by unanimous consent.

9. June 09, 2011

   Read second time. Ordered to third reading.

10. June 08, 2011

    Read third time and amended. Ordered to second reading.

11. March 07, 2011

    Read second time. Ordered to third reading.

12. March 07, 2011

    Ordered to second reading.

13. February 22, 2011

    In Senate. Read first time. To Com. on RLS. for assignment.

14. February 22, 2011

    Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 0. Page 423.)

15. February 18, 2011

    Read second time. Ordered to third reading.

16. February 18, 2011

    Without reference to committee.

17. January 11, 2011

    From printer. May be heard in committee February 10.

18. January 10, 2011

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects