California 2015-2016 Regular Session Status: Enacted

AB 862 — Agriculture.

Last action — Chaptered by Secretary of State - Chapter 374, Statutes of 2015.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 26, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law authorizes the Department of Food and Agriculture, with the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, to reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. This bill would substitute the State Department of Public Health for the State Department of Health Care Services in these provisions. (2) Existing law authorizes the Department of Food and Agriculture, by rule or regulation, to provide for the issuance and renewal on a 2-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code by the department or any agency in the department, and to set the fees for the issuance or renewal of those licenses, certificates of registration, or other indicia. This bill would instead specify that those licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code are those issued by the department or any division, office, or other entity within the department. (3) Existing law specifies that it is the intent of the Legislature that the department, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and weights and measures. This bill would clarify that provision to specify that it is the intent of the Legislature that the department develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures. (4) Under existing law, certified farmers' markets are California agricultural product point-of-sale locations that are registered and operated in accordance with specified provisions. Existing law requires an operator of a certified farmers' market to establish a clearly defined marketing area where only agricultural products may be sold. Existing law prohibits an operator of a certified farmers' market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator's certified farmers' market from allowing the sale or distribution of fresh whole fruits, nuts, vegetables, and flowers by vendors selling within those sales activity or vending event or marketing areas. Under existing law, a violation of these provisions is an infraction or misdemeanor, as specified. This bill would add cultivated mushrooms and herbs to the list of items that an operator of a certified farmers' market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator's certified farmers' market is prohibited from selling within those sales activity or vending event or marketing areas. By changing the definition of a crime, this bill would impose a state-mandated local program. Existing law requires a certified farmers' market operator or producer to annually register with the Department of Food and Agriculture by applying for and receiving a certificate from a county agricultural commissioner. Existing law requires a producer farming fruit, vegetables, nuts, herbs, and similar crops, once certified, to annually submit information requested by the department about the specific crops that the producer will harvest or intends to harvest for sale directly to the public. This bill would require a producer of these crops to submit this information to the county agricultural commissioner's office in the county in which the producer's land or facility is located as part of obtaining or renewing a certified producer certificate. By imposing a new duty on county agricultural commissioners, the bill would impose a state-mandated local program. (5) Existing law creates in the Department of Food and Agriculture the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years. Existing law requires the committee to reimburse the Secretary of Food and Agriculture for all reasonable expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. This bill would require the committee to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the program. (6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 374, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2557.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2118.).

  7. Read second time. Ordered to Consent Calendar.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  9. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 7). Re-referred to Com. on APPR.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI.

  12. Referred to Com. on AGRI.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1562.)

  15. Read second time. Ordered to Consent Calendar.

  16. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13).

  17. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 29). Re-referred to Com. on APPR.

  18. Re-referred to Com. on AGRI.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended.

  20. Referred to Com. on AGRI.

  21. From printer. May be heard in committee March 29.

  22. Read first time. To print.

Sponsors

  • Committee on Agriculture · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Agriculture

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Levine — Yea
Low — Yea
Mathis — Yea
Mullin — Yea
Obernolte — Yea
Quirk — Yea
Ridley-Thomas — Not Voting
Ting — Yea
Eggman — Yea
Cooper — Yea
Chau — Yea
Harper — Yea
Chu — Yea
Salas — Yea
Linder — Yea
Mayes — Yea
Olsen — Yea
Rodriguez — Yea
Weber — Yea
Williams — Yea
Gatto — Yea
Burke — Yea
Gordon — Yea
Holden — Yea
Jones-Sawyer — Yea
Gray — Yea
Kim — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Maienschein — Yea
Lopez — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
O'Donnell — Yea
Baker — Yea
Chang — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Perea — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Wood — Yea
Frazier — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 2001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Hertzberg — Yea
Hill — Yea
Leyva — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Glazer — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Cannella — Yea
Hancock — Yea
Hernandez — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Hall — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting

Official roll call →

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 65005
Democratic 4000
Republican 5001
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Not Voting
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Kim — Yea
Linder — Yea
Maienschein — Yea
Mathis — Yea
Quirk — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Not Voting
Williams — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Harper — Yea
Holden — Yea
Lopez — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Campos — Yea
Atkins — Yea
Medina — Yea
Melendez — Yea
Bigelow — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Wagner — Yea
Wilk — Yea
O'Donnell — Not Voting
Olsen — Not Voting
Ting — Yea
Weber — Not Voting
Wood — Yea
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Daly — Yea
Gomez — Yea
Chang — Yea
Bigelow — Yea
Holden — Yea
Quirk — Yea
Rendon — Yea
Wagner — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 7000
Republican 1001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Mathis — Yea
Perea — Yea
Eggman — Yea
Cooper — Yea
Dodd — Yea
Salas — Yea
Quirk — Yea
Irwin, Jacqui Democratic Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 862 do?
(1) Existing law authorizes the Department of Food and Agriculture, with the prior approval of the Department of Fish and Wildlife and the State Department of Health Care Services, to reproduce or distribute biological control organisms that are not detrimental to the public health and safety that are known to be useful in reducing or preventing plant or animal damage due to pests or diseases. This bill would substitute the State Department of Public Health for the State Department of Health Care Services in these provisions. (2) Existing law authorizes the Department of Food and Agriculture, by rule or regulation, to provide for the issuance and renewal on a 2-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code by the department or any agency in the department, and to set the fees for the issuance or renewal of those licenses, certificates of registration, or other indicia. This bill would instead specify that those licenses, certificates of registration, or other indicia of authority issued pursuant to the Food and Agricultural Code are those issued by the department or any division, office, or other entity within the department. (3) Existing law specifies that it is the intent of the Legislature that the department, in cooperation with appropriate county officials and industry representatives, develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and weights and measures. This bill would clarify that provision to specify that it is the intent of the Legislature that the department develop mutually satisfactory sources of nonstate funding to augment budget programs in the areas of county agricultural commissioners and county sealers of weights and measures. (4) Under existing law, certified farmers' markets are California agricultural product point-of-sale locations that are registered and operated in accordance with specified provisions. Existing law requires an operator of a certified farmers' market to establish a clearly defined marketing area where only agricultural products may be sold. Existing law prohibits an operator of a certified farmers' market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator's certified farmers' market from allowing the sale or distribution of fresh whole fruits, nuts, vegetables, and flowers by vendors selling within those sales activity or vending event or marketing areas. Under existing law, a violation of these provisions is an infraction or misdemeanor, as specified. This bill would add cultivated mushrooms and herbs to the list of items that an operator of a certified farmers' market that also operates, manages, or otherwise controls a separate sales activity or vending event or marketing area in close proximity, adjacent, or contiguous to the operator's certified farmers' market is prohibited from selling within those sales activity or vending event or marketing areas. By changing the definition of a crime, this bill would impose a state-mandated local program. Existing law requires a certified farmers' market operator or producer to annually register with the Department of Food and Agriculture by applying for and receiving a certificate from a county agricultural commissioner. Existing law requires a producer farming fruit, vegetables, nuts, herbs, and similar crops, once certified, to annually submit information requested by the department about the specific crops that the producer will harvest or intends to harvest for sale directly to the public. This bill would require a producer of these crops to submit this information to the county agricultural commissioner's office in the county in which the producer's land or facility is located as part of obtaining or renewing a certified producer certificate. By imposing a new duty on county agricultural commissioners, the bill would impose a state-mandated local program. (5) Existing law creates in the Department of Food and Agriculture the California Citrus Pest and Disease Prevention Committee and provides for its continuation, and that of the California Citrus Pest and Disease Prevention Program, every 4 years subject to a referendum of the citrus producers on or before June 30, 2013, and every 4 years thereafter. Pursuant to this referendum the department has extended the citrus pest and disease prevention program for an additional 4 years. Existing law requires the committee to reimburse the Secretary of Food and Agriculture for all reasonable expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the citrus pest and disease prevention program, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. This bill would require the committee to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to the program. (6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 862?
AB 862 is sponsored by Committee on Agriculture.
What is the current status of AB 862?
This bill has been enacted into law. Introduced February 26, 2015. Enacted.
Where can I track AB 862?
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