AB 230: Pest control: Pierce’s disease.

(1)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 makes these provisions inoperative on March 1, 2031.

This bill would extend the operation of these provisions to March 1, 2036. indefinitely, except that the bill would make these provisions inoperative on a specified date if the Secretary of Food and Agriculture finds that a favorable vote in a referendum has not been given for the continued implementation of the provisions regarding the Winegrape Pest and Disease Prevention Board, as described below. By extending the operative date for operation of a partially continuously appropriated fund, this bill would make an appropriation.

(2)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 repeals these provisions on March 1, 2031.

This bill would extend the operation of these the provisions to March 1, 2036, concerning the board indefinitely, except that this bill would make these provisions inoperative as of March 1, 2031, unless the Secretary of Food and Agriculture finds that a favorable vote in a specified referendum has been given. The bill would require, no later than April 15, 2030, the secretary to establish a list of those individuals eligible to vote in the referendum on the continued implementation of these provisions, as specified. By require the Secretary of Food and Agriculture, no later than June 30, 2030, and at least once every 5 years thereafter, to hold one or more public hearings to determine whether the operation of these provisions should be continued. If the secretary makes a specified finding after one of those hearings, the bill would require the secretary to conduct a referendum on the continued operation of the board. If the secretary finds that a favorable vote in the referendum has not been given for the continued operation of the board, the bill would end the operation of the board as of March 1 of the calendar year immediately following the calendar year in which the referendum is held.

By extending the date until which the assessments are collected and deposited into a continuously appropriated fund, the bill would make an appropriation.

(3)Existing law, until March 1, 2031, requires the secretary Secretary of Food and Agriculture to appoint an advisory task force for the purpose of advising the secretary on the control and management of Pierces disease.

This bill would also require the task force to advise the Secretary of Food and Agriculture on the control and management of other designated pests and diseases. The bill would extend the operation of these provisions to March 1, 2036. the task force indefinitely, subject to becoming inoperative if the operation of the Winegrape Pest and Disease Prevention Board is discontinued.

(4)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.