AB 402 — Weeds: Broomrape Program.

Summary

Existing law establishes within state government the Department of Food and Agriculture in order to promote and protect the agricultural industry of the state. Existing law provides for the regulation of weeds and pest seeds generally. Existing law provides that a violation of the Food and Agricultural Code is a misdemeanor, unless a different penalty is expressly provided. This bill would establish the Broomrape Board within the Department of Food and Agriculture to advise the Secretary of Food and Agriculture and make recommendations on all matters relating to broomrape, as specified. The bill would require the secretary to appoint at least 12 members to the board, consisting of at least 3 representatives from each specified geographical district and that are persons recommended by the tomato industry and approved by the secretary. The bill would authorize the secretary to appoint a public member and ex officio nonvoting members to the board, as specified. The bill would require the board to recommend specified actions to the secretary, including, among other things, conducting research related to broomrape, surveying, detecting, analyzing, and treating causes of broomrape, and establishing an annual assessment rate or schedule of rates to be paid equally by producers and handlers of tomatoes. The bill would require the secretary, upon receipt of a recommendation from the board for the adoption of regulations, to accept or reject the recommendation or request that the board provide additional information. By authorizing new regulations, the bill would expand the scope of a crime and create a state-mandated local program. The bill would authorize the secretary to appoint a statewide coordinator to establish the board and enact any activities authorized by these provisions. The bill would create the Broomrape Management Account, a continuously appropriated account, in the Department of Food and Agriculture Fund and would specify the funds to be deposited into the account, thereby making an appropriation. The bill would require any funds within the account to be used to reimburse the secretary for the costs of carrying out recommendations of the board. The bill would exempt the account from specified budget reporting requirements. The bill would require any costs incurred by the department in establishing, administering, and enforcing the provisions of this bill to be reimbursed solely by the assessment. The bill would authorize the secretary to adjust the assessment rate or schedule of rates from time to time when recommended by the board and would require the assessments collected from producers to be paid by handlers to the secretary. The bill would provide that any assessment that is imposed on the producer or handler is a personal debt of the person assessed and would require the payment of a specified penalty if the assessment is not paid. The bill would require any funds received pursuant to the above provisions to be deposited and handled in a manner determined by the board and to be expended for the purposes, administration, and enforcement of the broomrape program. The bill would make the above provisions inoperative on July 1, 2028, and would require any funds received pursuant to the above provisions that remain on that date to be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period before that date, unless the secretary finds the amounts returnable are minimal and therefore impractical to refund, or the person who paid the assessment cannot be located, in which case the bill would authorize the use of the funds for broomrape control or related research activities. The bill would repeal the broomrape program on January 1, 2029. 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.

Bill Text

• Chaptered 10/10/23 - Chaptered Current pdf October 10, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 08/14/23 - Amended Senate pdf August 14, 2023
• Amended 05/18/23 - Amended Assembly pdf May 18, 2023
• Introduced 02/02/23 - Introduced pdf February 02, 2023
• AB402 View text html

Action History

1. October 10, 2023

   Chaptered by Secretary of State - Chapter 651, Statutes of 2023.

2. October 10, 2023

   Approved by the Governor.

3. September 20, 2023

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

4. September 13, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3389.).

5. September 12, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2685.).

7. September 08, 2023

   Ordered to special consent calendar.

8. September 05, 2023

   Read second time. Ordered to third reading.

9. September 01, 2023

   From committee: Do pass. (Ayes 7. Noes 0.) (September 1).

10. August 21, 2023

    In committee: Referred to APPR suspense file.

11. August 14, 2023

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

12. August 02, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

13. July 05, 2023

    From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 3. Noes 0.) (July 3). Re-referred to Com. on APPR.

14. June 14, 2023

    Referred to Com. on AGRI.

15. June 01, 2023

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

16. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 2001.)

17. May 22, 2023

    Read second time. Ordered to third reading.

18. May 18, 2023

    Read second time and amended. Ordered returned to second reading.

19. May 18, 2023

    From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 18).

20. April 19, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

21. March 16, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 15). Re-referred to Com. on APPR.

22. February 09, 2023

    Referred to Com. on AGRI.

23. February 03, 2023

    From printer. May be heard in committee March 5.

24. February 02, 2023

    Read first time. To print.

Sponsors

• Cecilia M. Aguiar-Curry · Primary

Votes

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