Existing law establishes the Pierces Disease Control Program in the Department of Food and Agriculture, and the Pierces Disease Management Account in the Department of Food and Agriculture Fund. Existing law allows certain money in this account to be expended to combat Pierces disease and its vectors, including the glassy-winged sharpshooter, and for purposes relating to other designated pests and diseases, as provided. Existing law requires the department to submit an annual report to the Legislature regarding its expenditures, progress, and ongoing priorities in combating Pierces disease and its vectors in California. Existing law makes these provisions inoperative on March 1, 2026, and repeals them on January 1, 2027.

This bill would extend to March 1, 2031, the date on which the above provisions become inoperative, and would repeal those provisions on January 1, 2032. By extending the operative date for a partially continuously appropriated fund, this bill would make an appropriation. The bill would also delete the requirement for the department to submit the annual report to the Legislature.

Existing law creates in the department the Pierces Disease and Glassy-winged Sharpshooter Board, which consists of specified members, and prescribes the functions and duties of the board with respect to implementation of the Pierces disease program. Existing law provides for an annual assessment to be paid by grape processors, as defined, into the Department of Food and Agriculture Fund and continuously appropriates the collected funds for the purposes of, among other things, research and other activities related to the Pierces disease program. Existing law also requires the Secretary of Food and Agriculture to report on the status of the program on a biennial basis to specified committees of the Legislature. Existing law repeals these provisions on March 1, 2026.

This bill would extend the repeal date of these provisions to March 1, 2031, and would make related conforming changes. By extending the date until which the assessments are collected, the bill would make an appropriation. The bill would require the secretary to prepare the report on an annual basis instead of a biennial basis, to make the report available on the departments internet website instead of submitting it to those committees of the Legislature, and to include information about the status of the Pierces Disease Control Program in the report.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law establishes the Pierces Disease Control Program in the Department of Food and Agriculture, and the Pierces Disease Management Account in the Department of Food and Agriculture Fund. Existing law allows certain money in this account to be expended to combat Pierces disease and its vectors, including the glassy-winged sharpshooter, and for purposes relating to other designated pests and diseases, as provided. Existing law requires the department to submit an annual report to the Legislature regarding its expenditures, progress, and ongoing priorities in combating Pierces disease and its vectors in California. Existing law makes these provisions inoperative on March 1, 2026, and repeals them on January 1, 2027.

This bill would extend to March 1, 2031, the date on which the above provisions become inoperative, and would repeal those provisions on January 1, 2032. By extending the operative date for a partially continuously appropriated fund, this bill would make an appropriation. The bill would also delete the requirement for the department to submit the annual report to the Legislature.

Existing law creates in the department the Pierces Disease and Glassy-winged Sharpshooter Board, which consists of specified members, and prescribes the functions and duties of the board with respect to implementation of the Pierces disease program. Existing law provides for an annual assessment to be paid by grape processors, as defined, into the Department of Food and Agriculture Fund and continuously appropriates the collected funds for the purposes of, among other things, research and other activities related to the Pierces disease program. Existing law also requires the Secretary of Food and Agriculture to report on the status of the program on a biennial basis to specified committees of the Legislature. Existing law repeals these provisions on March 1, 2026.

This bill would extend the repeal date of these provisions to March 1, 2031, and would make related conforming changes. By extending the date until which the assessments are collected, the bill would make an appropriation. The bill would require the secretary to prepare the report on an annual basis instead of a biennial basis, to make the report available on the departments internet website instead of submitting it to those committees of the Legislature, and to include information about the status of the Pierces Disease Control Program in the report.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Existing law establishes the Pierces Disease Control Program in the Department of Food and Agriculture, and the Pierces Disease Management Account in the Department of Food and Agriculture Fund. Existing law allows certain money in this account to be expended to combat Pierces disease and its vectors, including the glassy-winged sharpshooter, and for purposes relating to other designated pests and diseases, as provided. Existing law requires the department to submit an annual report to the Legislature regarding its expenditures, progress, and ongoing priorities in combating Pierces disease and its vectors in California. Existing law makes these provisions inoperative on March 1, 2026, and repeals them on January 1, 2027.

This bill would extend to March 1, 2031, the date on which the above provisions become inoperative, and would repeal those provisions on January 1, 2032. By extending the operative date for a partially continuously appropriated fund, this bill would make an appropriation. The bill would also delete the requirement for the department to submit the annual report to the Legislature.

Existing law creates in the department the Pierces Disease and Glassy-winged Sharpshooter Board, which consists of specified members, and prescribes the functions and duties of the board with respect to implementation of the Pierces disease program. Existing law provides for an annual assessment to be paid by grape processors, as defined, into the Department of Food and Agriculture Fund and continuously appropriates the collected funds for the purposes of, among other things, research and other activities related to the Pierces disease program. Existing law also requires the Secretary of Food and Agriculture to report on the status of the program on a biennial basis to specified committees of the Legislature. Existing law repeals these provisions on March 1, 2026.

This bill would extend the repeal date of these provisions to March 1, 2031, and would make related conforming changes. By extending the date until which the assessments are collected, the bill would make an appropriation. The bill would require the secretary to prepare the report on an annual basis instead of a biennial basis, to make the report available on the departments internet website instead of submitting it to those committees of the Legislature, and to include information about the status of the Pierces Disease Control Program in the report.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

 CONSENT  

Bill No: AB 1861

Author: Addis (D), et al.

Introduced: 1/18/24

Vote: 21

SENATE AGRICULTURE COMMITTEE: 5-0, 6/18/24

AYES: Hurtado, Grove, Alvarado-Gil, Cortese, Padilla

SENATE JUDICIARY COMMITTEE: 11-0, 6/25/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/21/24 - See last page for vote

SUBJECT: Pest control: Pierce’s disease

SOURCE: California Association of Wine Growers
Family Winemakers of California
Wine Institute

DIGEST:

This bill extends the Pierce’s Disease Control Program to March 1, 2031 and removes the requirement that the California Department of Food and Agriculture (CDFA) submit, on a bi-annual basis, a report to the Legislature and instead requires the report to be publicly available on CDFA’s website on or before December 31^st each year.

ANALYSIS:

Existing law:

1. Establishes the Pierce’s Disease Control Program, which aims to reduce the spread of Pierce’s disease and the glassy-winged sharpshooter through collaboration at the local, state, and federal level and through funding grower’s research. (Food and Agricultural Code Section 6046)
   1. Makes these provisions inoperative on March 1, 2026, and repeals them on January 1, 2027. (Food and Agricultural Code, Section 6046(i))
2. Requires CDFA to submit a report to the Legislature regarding its expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors in California. (Food and Agricultural Code, Section 6046(h))

This bill:

1. Extends the Pierce’s Disease Control Program provisions from March 1, 2026 to March 1, 2031, and the repeal date from January 1, 2027 to January 1, 2032.
2. Removes the requirement that CDFA submit a report to the Legislature regarding its expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors in California.
3. Requires the secretary, after consultation with the board, make a report publically available on the department’s website on or before December 31 of every year that includes, but is not limited to, program expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors in California for the previous calendar year.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/5/24)

California Association of Wine Growers (Co-Source)
Family Winemakers of California (Co-Source)
Wine Institute (Co-Source)
California Agricultural Commissioners & Sealers Association

OPPOSITION: (Verified 8/5/24)

None received

ARGUMENTS IN SUPPORT: According to the author, “California’s wine industry is a notable economic driver in our state, creating jobs, encouraging tourism, and ensuring the preservation of agricultural land. Unfortunately, vineyards are susceptible to a bacterial infection called Pierce’s disease that is spread by the invasive glassy-winged sharpshooter.

“In order to ensure that California wineries receive continued protection from Pierce’s disease and invasive species, AB 1861 will extend the sunset date for the Pierce’s Disease Control Program and the Pierce’s Disease/Glassy-Winged Sharpshooter Board. The board and the program help protect our wineries by conducting research, responding to outbreaks, and providing orchard and bulk citrus inspections. In doing so, California wineries are protected and can continue to operate in a safer, more informed capacity.”

ASSEMBLY FLOOR: 73-0, 5/21/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis, Luz Rivas

Prepared by: Reichel Everhart / AGRI. / (916) 651-1508

8/7/24 13:38:03

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 1861 (Author:Addis)

Version: January 18, 2024

Hearing Date: June 25, 2024

Fiscal: Yes

Urgency: No

Consultant: AM

SUBJECT

Pest control: Pierce’s disease

DIGEST

This bill extends the sunset date on the Pierce’s Disease Control Program in the California Department of Food and Agriculture to March 1, 2031.

EXECUTIVE SUMMARY

The Pierce’s Disease Control Program (PDC) Program was enacted in 2001 to fight the spread of GWSS, which carries the bacterium Xylella fastidiosa and, which in turn, causes Pierce’s Disease (PD) in grapes, almonds, oleander, and citrus fruits. A plant that develops PD will either die or become unproductive because it its ability to draw in moisture is hindered. The principal policy matter drawing this bill into the purview of the Senate Judiciary Committee is the inclusion of a provision that restricts access to public records. California generally recognizes that public access to information concerning the conduct of the people’s business is a fundamental and necessary right. At the same time, the state recognizes that this right must be balanced against the right to privacy. By extending the PDC Program, the bill extends certain statutes that contain a limitation on the access to public records. The bill is sponsored by the California Association of Winegrape Growers, Family Winemakers of California, and Wine Institute. The bill is supported by the California Agricultural Commissioners and Sealers. No timely opposition was received by this Committee. The bill passed the Senate Agriculture Committee on a vote of 5 to 0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Establishes the Pierce’s Disease Control (PDC) Program in the California Department of Food and Agriculture (CDFA), which becomes inoperative on March 1, 2026 and is repealed on January 1, 2027. (Food & Ag. Code § 6047.1 et. seq.; § 6047.19(c).)
   1. Requires the Secretary of Food and Agriculture (Secretary) to create the Pierce’s Disease and Glassy-winged Sharpshooter Board (Board), as provided, and specifies the powers of the Board. (Food & Ag. Code § 6047.3 & 6047.4.)
2. Provides that data and related information and materials produced during the course of research conducted pursuant to the PDC Program that are in the possession of CDFA, the Board, or any entity engaged in research funded by the PDC Program, is confidential and cannot be released for any purpose, except to the extent that they are included in any final publication of research, or except when required by a court order after a hearing in a judicial proceeding involving the PDC Program. (Food & Ag. Code § 6047.5(b).)
3. Provides that all proprietary information obtained by the Board or CDFA from producers, processors, or any other source is confidential and cannot be disclosed, except when required by a court order issued upon a showing of good cause and that the information is necessary to a judicial proceeding involving the PDC Program.
   1. Disclosure permitted above must be conducted in camera by the court.
   2. Requires the court, in its discretion, to issue orders restraining a party or parties to a judicial proceeding involving the PDC Program from disseminating any proprietary information to the public or any other person not a party to that judicial proceeding. (Food & Ag. Code § 6047.13(a).)
4. Provides, pursuant to the California Constitution, that the people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies are required to be open to public scrutiny. (Cal. const. art. I, § 3(b)(1).)
   1. Requires a statute to be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. (Cal. const. art. I, § 3(b)(1).)
   2. Requires a statute that limits the public’s right of access to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (Cal. const. art. I, § 3(b)(1).)
5. Governs the disclosure of information collected and maintained by public agencies pursuant to the CPRA. (Gov. Code §§ 792.000 et seq.)
   1. States that, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Code § 7921.000.)
   2. Defines “public records” as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. (Gov. Code § 7920.530.)
   3. Defines “public agency” as any state or local agency. (Gov. Code § 7920.525(a).)
6. Provides that all public records are open to inspection at all times during the office hours of a state or local agency and every person has a right to inspect any public record, unless the record is exempt from public disclosure. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (Gov. Code § 7922.525.)
   1. Some records are prohibited from being disclosed and other records are permissively exempted from being disclosed. (See e.g. Gov. Code §§ 7920.505 & 7922.200.)
   2. There are several general categories of documents or information that are permissively exempt from disclosure under the CPRA essentially due to the character of the information. The exempt information can be withheld by the public agency with custody of the information, but it also may be disclosed if it is shown that the public’s interest in disclosure outweighs the public’s interest in non-disclosure of the information. (CBS, Inc. v. Block (1986) 42 Cal.3d 646, at 652.).

This bill:

1. Extends the Pierce’s Disease Control (PDC) Program to March 1, 2031.
2. Deletes the requirement for CDFA to submit a bi-annual report to the Legislature, and instead requires an annual report to be publicly available on CDFA’s website on or before December 31 each year.

COMMENTS

1. Stated need for the bill

The author writes:

California’s wine industry is a notable economic driver in our state, creating jobs,

encouraging tourism, and ensuring the preservation of agricultural land.

Unfortunately, vineyards are susceptible to a bacterial infection called Pierce’s

disease that is spread by the invasive glassy-winged sharpshooter.

In order to ensure that California wineries receive continued protection from Pierce’s disease and invasive species, AB 1861 will extend the sunset date for the Pierce’s Disease Control Program and the Pierce’s Disease/Glassy-Winged Sharpshooter Board. The board and the program help protect our wineries by conducting research, responding to outbreaks, and providing orchard and bulk citrus inspections. In doing so, California wineries are protected and can continue to operate in a safer, more informed capacity.

1. Bill extends statutes that provide a limitation on the access to public records

The principal policy matter drawing this bill into the purview of the Senate Judiciary Committee is the inclusion of a provision that restricts access to public records.

Access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Cod § 7921.000.) In 2004, the right of public access was enshrined in the California Constitution with the passage of Proposition 59 (Nov. 3, 2004, statewide general election),^[1] which amended the California Constitution to specifically protect the right of the public to access and obtain government records: “The people have the right of access to information concerning the conduct of the people’s business, and therefore . . . the writings of public officials and agencies shall be open to public scrutiny.” (Cal. Const., art. I, sec. 3 (b)(1).) In 2014, voters approved Proposition 42 (Jun. 3, 2014, statewide direct primary election)^[2] to further increase public access to government records by requiring local agencies to comply with the CPRA and the Ralph M. Brown Act^[3], and with any subsequent statutory enactment amending either act, as provided. (Cal. Const., art. I, sec. 3 (b)(7).)

Under the CPRA, public records are open to inspection by the public at all times during the office hours of the agency, unless exempted from disclosure. (Gov. Cod § 7922.252.) A public record is defined as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any public agency regardless of physical form or characteristics. (Gov. Code § 7920.530.) There are several general categories of documents or information that are permissively exempt from disclosure under the CPRA essentially due to the character of the information. The exempt information can be withheld by the public agency with custody of the information, but it also may be disclosed if it is shown that the public’s interest in disclosure outweighs the public’s interest in non-disclosure of the information. (CBS, Inc. v. Block (1986) 42 Cal.3d 646, at 652.). Additionally some records are prohibited from disclosure or are specifically stated to not be public records. (see Gov. Code § 7924.110(a).)

Section 6047.5 of the Food and Agriculture Code provides that data and related information and materials produced during the course of research conducted pursuant to the PDC Program that are in the possession of CDFA, the Board, or any entity engaged in research funded pursuant to the PDC Program, is confidential and cannot be released for any purpose, except as specified. Additionally, Section 6047.13 of the Food and Agriculture Code provides that all proprietary information obtained by the Board or CDFA from producers, processors, or any other source is confidential and cannot be disclosed, except when required by a court order issued upon a showing of good cause and that the information is necessary to a judicial proceeding involving the PDC Program. By extending the PDC Program, this bill extends this limitation on the access to public records.

The bill provides findings and declarations regarding the need for this limitation on the access to public records, stating it is necessary to protect the personal and financial information of a person who provides information to the PDC Program. In light of the sensitive nature of the information shared with the PDC program, this limitation on the access to public records seems warranted.

1. Statements in support

The California Agricultural Commissioners and Sealers Association writes in support, stating:

Existing law establishes the Pierce’s Disease Control Program in the Department of Food and Agriculture, and the Pierce’s Disease Management Account in the Department of Food and Agriculture Fund. Existing law allows certain money in this account to be expended to combat Pierce’s disease and its vectors, including the glassy-winged sharpshooter, and for purposes relating to other designated pests and diseases, as provided. Existing law requires the department to submit an annual report to the Legislature regarding its expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors in California. Existing law makes these provisions inoperative on March 1, 2026, and repeals them on January 1, 2027.

This bill would extend to March 1, 2031, the date on which the above provisions become inoperative, and would repeal those provisions on January 1, 2032.

This critical funding provides resources and tools necessary to address the introduction and spread of Pierce’s Disease and its vectors. These invasive species can cause devastating impacts to California agriculture and it is imperative that we continue in our efforts.

SUPPORT

California Association of Winegrape Growers (sponsor)

Family Winemakers (sponsor)

Wine Institute (sponsor)

California Agricultural Commissioners and Sealers Association

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation: SB 449 (McGuire, Ch. 371, Stats. 2019), among other things, extended the date the PDC Program becomes inoperative to March 1, 2026, the date on which the above provisions become inoperative, and repealed those provisions on January 1, 2027.

PRIOR VOTES

Senate Agriculture Committee (Ayes 5, Noes 0)

Assembly Floor (Ayes 73, Noes 0)

Assembly Appropriations Committee (Ayes 15, Noes 0)

Assembly Agriculture Committee (Ayes 9, Noes 0)

**************

1. Prop. 59 was placed on the ballot by a unanimous vote of both houses of the Legislature. (SCA 1 (Burton, Ch. 1, Stats. 2004)) ↑

2. Prop. 42 was placed on the ballot by a unanimous vote of both houses of the Legislature. (SCA 3 (Leno, Ch. 123, Stats. 2013)) ↑

3. The Ralph M. Brown Act is the open meetings laws that applies to local agencies. (Gov. Code §§ 59450 et. seq.) ↑

SENATE COMMITTEE ON AGRICULTURE

Senator Melissa Hurtado, Chair

2023 - 2024 Regular

Bill No: AB 1861 Hearing Date: 6/18/24

Subject: Pest control: Pierce’s disease

SUMMARY

:

This bill would extend the Pierce’s Disease Control Program to March 1, 2031 and remove the requirement that the California Department of Food and Agriculture (CDFA) submit, on a bi-annual basis, a report to the Legislature and instead requires the report to be publicly available on CDFA’s website on or before December 31^st each year.

BACKGROUND AND EXISTING LAW

:

Pierce’s disease in grapevines was first found in California around 1884. The disease is caused by a strain of the bacterium Xylella fastidiosa. It kills grapevines by clogging their water-conducting vessels (xylem). The Glassy-winged sharpshooter (GWSS) has the ability to spread Xylella fastidiosa. The Pierce’s Disease Control Program under CDFA works to slow the spread of the GWSS and minimize the impact of Pierce’s disease in California.

Existing law:

1. Establishes the Pierce’s Disease Control Program, which aims to reduce the spread of Pierce’s disease and the glassy-winged sharpshooter through collaboration at the local, state, and federal level and through funding grower’s research (Food and Agricultural Code, Section 6046).
   1. Makes these provisions inoperative on March 1, 2026, and repeals them on January 1, 2027 (Food and Agricultural Code, Section 6046(i)).
2. Requires CDFA to submit a report to the Legislature regarding its expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors in California (Food and Agricultural Code, Section 6046(h)).

PROPOSED LAW

:

This bill:

1. Extends the Pierce’s Disease Control Program provisions from March 1, 2026 to March 1, 2031, and the repeal date from January 1, 2027 to January 1, 2032.
2. Removes the requirement that CDFA submit a report to the Legislature regarding its expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors in California.
3. Requires the secretary, after consultation with the board, make a report publically available on the department’s website on or before December 31 of every year that includes, but is not limited to, program expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors in California for the previous calendar year.

ARGUMENTS IN SUPPORT:

According to the author:

“California’s wine industry is a notable economic driver in our state, creating jobs, encouraging tourism, and ensuring the preservation of agricultural land. Unfortunately, vineyards are susceptible to a bacterial infection called Pierce’s disease that is spread by the invasive glassy-winged sharpshooter.

“In order to ensure that California wineries receive continued protection from Pierce’s disease and invasive species, AB 1861 will extend the sunset date for the Pierce’s Disease Control Program and the Pierce’s Disease/Glassy-Winged Sharpshooter Board. The board and the program help protect our wineries by conducting research, responding to outbreaks, and providing orchard and bulk citrus inspections. In doing so, California wineries are protected and can continue to operate in a safer, more informed capacity.”

ARGUMENTS IN OPPOSITION:

None received.

RELATED LEGISLATION

:

SB 671 (Chapter 21, Statutes of 2000): Appropriated $6.9 million from GF for the purpose of researching and combating PD and its vectors.

AB 1394 (Chapter 103, Statutes of 2001): Created the PD and Glassy Wing Sharp Shooter GWSS Board.

SB 1650 (Chapter 485, Statutes of 2004): Extended sunset dates to 2011 for provisions related to PD and GWSS programs.

SB 2 (Chapter 325, Statutes of 2009): Extended sunset dates to 2016 for provisions related to PD and GWSS programs.

AB 1642 (Chapter 231, Statutes of 2014): Extended sunset dates to 2020 for provisions related to PD and GWSS programs.

SB 1371 (Chapter 370, Statutes of 2020): Extended sunset dates to 2026 for provisions related to PD and GWSS programs.

PRIOR ACTIONS

:

SUPPORT

:

California Association of Winegrape Growers

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1861

Author:(Addis)

As Introduced Ver:January 18, 2024

Majority vote

SUMMARY

This bill would extend the Pierce's Disease Control (PDC) Program to March 1, 2031. Currently the program will end on March 1, 2026.

Major Provisions

1) Extends the Pierce's Disease Control (PDC) Program to March 1, 2031. Currently, the program will end on March 1, 2026.

2) Deletes the requirement for the California Department of Food and Agriculture (CDFA) to submit the bi-annual report to the Legislature and require an annual report to be publicly available on CDFA's internet website on or before December 31 each year.

COMMENTS

In the late 1990s, Pierce's Disease (PD) threatened to cause damage to grapes due to the arrival of GWSS. GWSS carries the bacterium Xylella fastidiosa, which causes PD in grapes, almonds, oleander, and citrus fruits. When a plant develops PD, its ability to draw in moisture is hindered and the plant will either die or become unproductive.

In response, the Legislature enacted a legislative package that created the advisory task force on PD issues in 1999. In 2001, the program was created by AB 1394 (Wiggins), Chapter 103, Statutes of 2001, to fight the spread and find solutions for PD and GWSS. SB 1650 (Chesbro), Chapter 485, Statutes of 2004, made technical and substantive changes to the program, and added a referendum process for the continuance of the program and its related assessments, to be approved by a majority of the participants. The program is funded from federal and industry funds, and grape grower's assessments.

According to the Author

By extending the sunset date of this program, California grape growers and wineries will continue to be able to use the research and monitoring to defend themselves against Pierce's Disease and the glassy-winged sharpshooter as they have been since 2001. This is especially the case for rural and small wine producers along the Central Coast.

Arguments in Support

Since the 1990s, PD and the GWSS have been one of the most invasive and deadly pests for wingegrape vines. The disease has caused millions upon millions of damage throughout the state. In response, the legislature created the Pierce's Disease and Glassy-Winged Sharpshooter Board. This bill will allow the wine industry, a notable economic driver in California, to continue to research, control, contain, and inspect to prevent the spread of PD.

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations, this bill has ongoing annual costs to CDFA in the range of $20 million and $26 million to continue to administer the PCDP (Pierce's Disease Management Account). These costs are almost entirely funded by federal funds and industry assessments. However, on occasion, the PDCP has received limited General Fund support. CDFA would incur an additional one-time cost in the tens of thousands of dollars to conduct the board extension referendum, also covered by industry assessments.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

VOTES

ASM AGRICULTURE: 9-0-1

YES: Soria, Alanis, Aguiar-Curry, Connolly, Irwin, Jones-Sawyer, Ta, Villapudua, Wood

ABS, ABST OR NV: Sanchez

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: January 18, 2024

CONSULTANT: Victor Francovich / AGRI. / (916) 319-2084 FN: 0003006

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1861

Author:(Addis) – As Introduced Ver:January 18, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill (1) extends the sunset on various provisions related to the Pierce’s Disease Control Program (PDCP) in the California Department of Food and Agriculture (CDFA) from March 1, 2026, to March 1, 2031; (2) provides that the provisions of this bill become inoperative on March 1, 2026, unless there is a favorable vote in a referendum conducted by the secretary of CDFA; and, (3) makes related conforming changes and modifies CDFA’s reporting requirements.

With respect to reporting, this bill requires CDFA, in lieu of duplicative requirements in current law, to prepare a report on the status of the PDCP on an annual basis and make the report publicly available on CDFA’s website (instead of submitting it only to specified committees of the Legislature).

FISCAL EFFECT:

Ongoing annual costs to CDFA in the range of $20 million and $26 million to continue to administer the PCDP (Pierce’s Disease Management Account.) These costs are almost entirely funded by federal funds and industry assessments. However, on occasion, the PDCP has received limited General Fund support. CDFA would incur an additional one-time cost in the tens of thousands of dollars to conduct the board extension referendum, also covered by industry assessments.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1) Purpose. According to the author:

California’s wine industry is a notable economic driver in our state, creating jobs, encouraging tourism, and ensuring the preservation of agricultural land…AB 1861 will extend the sunset date for the Pierce’s Disease Control Program and the Pierce’s Disease/Glassy-Winged Sharpshooter Board. The board and the program help protect our wineries by conducting research, responding to outbreaks, and providing orchard and bulk citrus inspections. In doing so, California wineries are protected and can continue to operate in a safer, more informed capacity.

2) Background.

Pierce’s Disease Control Program. According to CDFA, Pierce’s Disease (PD) is a lethal disease of grapevines. PD is a serious threat to grapevines throughout the southern United States and is particularly threatening to California’s thriving winegrape industry. The bacterial pathogen which causes PD, Xylella fastidiosa (Xf), has been present in California for more than a century. While many insects can vector Xf, the establishment and spread of the glassy-winged sharpshooter (GWSS) in California in the 1980s and 1990s created a new and serious threat of significant statewide damage. PDCP works to halt the spread of GWSS until research finds solutions to PD. The program is a partnership that includes CDFA, county agricultural commissioners, the U.S. Department of Agriculture (USDA), the University of California, other state and local agencies, industry, and various agricultural organizations throughout the state.

Funding. Funding for the PDCP comes from three primary sources: USDA’s Animal and Plant Health Inspection Service, California’s winegrape growers, and, on occasion, the state’s General Fund. The enabling statute for the PDCP requires that any General Fund monies used for research be expended only when the secretary of CDFA has received commitments from non-state sources for at least a 25% match for each state dollar to be expended.

An annual, value-based assessment on winegrapes – set at a maximum rate of $3 per $1,000 in value – helps fund the PDCP. The PD/ GWSS Board advises CDFA on the best use of the assessment funds. According to a 2022 CDFA report to the Legislature on the program, in fiscal year 2021-22, the winegrape assessment raised approximately $3.5 million in revenue for the program, USDA contributed approximately $16 million, and the state provided approximately $377,000.

Referendum. As required by statute, the continuation of the PDCP is subject to the approval of California winegrape growers through a referendum to be conducted in 2025. The last referendum, conducted in 2020, passed with 78% approval.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 10, 2024

ASSEMBLY COMMITTEE ON AGRICULTURE

Esmeralda Soria, Chair

ABPCA Bill Id:AB 1861

Author:(Addis) – As Introduced Ver:January 18, 2024

SUBJECT: Pest control: Pierce’s disease

SUMMARY: This bill would extend the Pierce’s Disease Control (PDC) Program to March 1, 2031. Currently the program will end on March 1, 2026.

Specifically, this bill:

1. Extends the Pierce’s Disease Control (PDC) Program to March 1, 2031. Currently, the program will end on March 1, 2026.
2. Deletes the requirement for the California Department of Food and Agriculture (CDFA) to submit the bi-annual report to the Legislature and require an annual report to be publicly available on CDFA’s internet website on or before December 31 each year.

EXISTING LAW:

1. Establishes the PDC Program in the CDFA, and the Pierce’s Disease (PD) Management Account in the CDFA Fund. Allows certain money in this account to be expended to combat PD and its vectors, including the glassy-winged sharpshooter (GWSS), and for purposes relating to other designated pests and diseases, as provided. (Food and Agriculture code (FAC) 6045)
2. Requires CDFA to submit an annual report to the Legislature regarding its expenditures, progress, and ongoing priorities in combating PD and its vectors in California. (FAC 6045 and 6047.19)
3. Makes PDC Programs inoperative on March 1, 2026, and repeals them on January 1, 2027. (FAC 6045, 6047.19 and 6047.29)

FISCAL EFFECT: Unknown.

COMMENTS: In the late 1990s, PD threatened to cause damage to grapes due to the arrival of GWSS. GWSS carries the bacterium Xylella fastidiosa, which causes PD in grapes, almonds, oleander, and citrus fruits. When a plant develops PD, its ability to draw in moisture is hindered and the plant will either die or become unproductive.

In response, the Legislature enacted a legislative package that created the advisory task force on PD issues in 1999. In 2001, the program was created by AB 1394 (Wiggins), Chapter 103, Statutes of 2001, to fight the spread and find solutions for PD and GWSS. SB 1650 (Chesbro), Chapter 485, Statutes of 2004, made technical and substantive changes to the program, and added a referendum process for the continuance of the program and its related assessments, to be approved by a majority of the participants. The program is funded from federal and industry funds, and grape grower's assessments.

California’s wine industry is a notable economic driver in California, creating jobs, encouraging tourism, and ensuring the preservation of agricultural land. Winegrapes are susceptible to a range of diseases that are deadly to the vines. One of the most prominent of these diseases is PD, carried between plants by GWSS.

GWSS are insects that hop between leaves, spreading disease between plants upon which they feed. Sharpshooters are native to North America, like the blue-green sharpshooter—which is native to Sonoma County—and the GWSS—which is native to northern Mexico and the southeastern United States. GWSS spread from Southern California up the state in the late 1980s, and is a vector to many diseases, including PD.

According to the author, by extending the sunset date of this program, California grape growers and wineries will continue to be able to use the research and monitoring to defend themselves against Pierce’s Disease and the glassy-winged sharpshooter as they have been since 2001. This is especially the case for rural and small wine producers along the Central Coast.

According to supporters, since the 1990s, PD and the GWSS have been one of the most invasive and deadly pests for wingegrape vines. The disease has caused millions upon millions of damage throughout the state. In response, the legislature created the Pierce’s Disease and Glassy-Winged Sharpshooter Board. This bill will allow the wine industry, a notable economic driver in California, to continue to research, control, contain, and inspect to prevent the spread of PD.

PREVIOUS LEGISLATION:

AB 1232 (Assembly Agriculture Committee), Chapter 627, Statutes of 1999, appropriated $750,000 each year for three specified fiscal years from the General Fund (GF) to CDFA for funding, on a competitive basis, PD research. The bill required the Secretary to appoint an advisory task force consisting of scientific experts to advise the Secretary on research to control and eradicate PD.

SB 671 (Chesbro), Chapter 21, Statutes of 2000, appropriated $6.9 million from GF for the purpose of researching and combating PD and its vectors.

AB 1394 (Wiggins), Chapter 103, Statutes of 2001, created the PD and Glassy Wing Sharp Shooter GWSS Board.

SB 1650 (Chesbro), Chapter 485, Statutes of 2004, extended sunset dates to 2011 for provisions relating to PD and GWSS programs.

SB 295 (Chesbro), Chapter 12, Statutes of 2005, made conforming changes and clarified provisions relating to PD and GWSS programs.

SB 2 (Wiggins), Chapter 325, Statutes of 2009, extended research funding to include other significant pests and diseases. Also extended the program sunset date to 2016 for provisions relating to PD and GWSS programs.

AB 1642 (Chesbro), Chapter 231, Statutes of 2014, extended the program sunset date to 2020 for provisions relating to PD and GWSS programs.

SB 499 (McGuire), Chapter 371, Statures of 2019, extended the program sunset date to 2020 for provisions relating to PD and GWSS programs.

REGISTERED SUPPORT / OPPOSITION:

Support

California Agricultural Commissioners & Sealers Association

CA Assn of Winegrape Growers

California Chamber of Commerce

California Farm Bureau

Family Winemakers of California

Napa Valley Grapegrowers

Napa Valley Vintners

Wine Institute

Opposition

None on file.

Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084