Agriculture

Farm Labor
Pests and Pesticides
General Agriculture (includes fairs legislation)

Note: * Denotes Urgency or Tax Levy Legislation.

Farm Labor

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AB 916* (V. Manuel Pérez-D) CA Agricultural and Service Worker Act: undocumented workers

Establishes the California Agricultural and Service Worker Act. Requires the Employment Development Department and the Department of Food and Agriculture to convene a working group to consult with the United States Department of Homeland Security and the United States Department of Justice in order to determine the legal roles and responsibilities of federal and state agencies in implementing a program to provide undocumented persons who are agricultural or service industry employees with a permit to work and live in California.
(Died in Senate Rules Committee)

AB 1313 (Allen-D) Agricultural workers: overtime wages

Removes the exemption for agricultural employees regarding wage and hour requirements. Creates a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law relative to wage and hour requirements.
(Failed passage on Assembly Floor)

AB 1544 (V. Manuel Pérez-D) CA Agricultural Jobs and Industry Stabilization Program

Requires, upon the state receiving the necessary authority under federal law, the Employment Development Department (EDD) to administer a California Agricultural Jobs and Industry Stabilization Program. Requires EDD to certify that there are not enough legal residents of California to fill all open agricultural and service industry jobs in California. Once EDD makes that certification, authorizes EDD to issue permits to undocumented aliens to work in the agricultural and service industries and who meet specified criteria. Authorizes EDD to issue permits to reside in California to the immediate family members, as defined, of an undocumented alien permitted as a worker under the program. Requires, prior to the issuance of a permit, an undocumented alien to pay a fee to EDD and requires those fees to be deposited into the California Agricultural Jobs and Industry Stabilization Program Fund, established by this bill. Requires EDD, in conjunction with the Legislative Analyst's Office, to annually publish a report analyzing whether the program has caused the displacement of employable legal residents of California in the agricultural and service industries.
(Died on Assembly Inactive File)

AB 1673 (Mitchell-D) Agricultural workers: migrant child care program

Requires that once a child of a migrant agricultural worker family is enrolled in a migrant child care and development program, the child be deemed eligible for these services for a period of 12 months unless the child no longer resides in the state or the child is deceased.
(Died in Assembly Appropriations Committee)

AB 1675 (Bonilla-D) Farm labor contractors: licenses: civil penalty

Establishes civil penalties for farm labor contractors who are found to have violated license requirements, and provides that the civil penalties collected be deposited into the Farmworker Remedial Account and be available, upon appropriation by the Legislature, for purposes of regulating farm labor contractors.
Chapter 857, Statutes of 2012

AB 2346 (Butler-D) Agricultural employee safety: heat-related illness

Prescribes specified duties on employers to reduce the risk of heat illness among agricultural employees, including the adopted heat illness prevention regulatory requirements to be enforced by the Division of Occupational Safety and Health; imposes specified civil penalties, and creates a private right of action, for violations of these requirements; and requires the Director of the Department of Industrial Relations to provide an annual report to the Legislature regarding the enforcement of the requirements.
Vetoed

AB 2676 (Charles Calderon-D) Agricultural employee safety: misdemeanors

Makes it a misdemeanor for any person who directs an agricultural employee to perform, or supervises an agricultural employee in the performance of, outdoor work without providing the employee with shade and potable water, punishable by imprisonment not exceeding six months in a county jail, by a fine not exceeding $10,000, or by both the imprisonment and fine, or if that violation results in injury to an agricultural employee, by imprisonment not exceeding one year in a county jail, by a fine not exceeding $25,000, or by both that fine and imprisonment.
Vetoed

Pests and Pesticides

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SB 394 (DeSaulnier-D) Pesticides: use on schoolsite

Prohibits the indoor and outdoor use of pesticides on a schoolsite, except as specified, unless a local public health officer determines that a public health emergency exists requiring emergency application of a pesticide.
(Died in Senate Rules Committee)

SB 1119 (Berryhill-R) Pesticides: violations: civil penalties

Provides that if the county agricultural commissioner determines that a conflict-of-interest exists, another commissioner designated by the Director of the Department of Pesticide Regulation may levy a civil penalty against a person violating specified provisions of law relating to pest control operations, pesticides, pesticides and worker safety, use of an unregistered pesticide, structural pest control devices, or regulations adopted pursuant to these provisions.
(Died in Senate Agriculture Committee)

AB 1176 (Williams-D) Pesticides: toxic air contaminant

Requires that the written determination, as prepared by the Director of the Department of Pesticide Regulation, regarding control measures for each pesticide and all findings made by consulting agencies be made available to the public. Includes pesticides identified by the Director as toxic air contaminants within the list of pesticides for which the Director is required to develop control measures, as specified. Specifies that the Director shall develop the control measures for each pesticide listed as a toxic air contaminant. Provides that the Director shall follow specified consultation procedures and requires the Director, within two years of the determination of the need for control measures or following a risk assessment of a pesticide identified as a toxic air contaminant, to adopt control measures to protect human health or report to the Legislature why control measures have not been adopted.
(Died in Assembly Agriculture Committee)

ACR 137 (Atkins-D) West Nile Virus & Mosquito & Vector Control Awareness Week

Declares 4/22/12 through 4/28/12 as West Nile Virus and Mosquito and Vector Control Awareness Week to increase the public's awareness of the threat of West Nile Virus and other diseases and the activities of the various mosquito and vector research and control agencies working to minimize the health threat within California, and highlight the educational programs currently available.
Resolution Chapter 54, Statutes of 2012

General Agriculture (includes fairs legislation)

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SB 1 (Kehoe-D) 22nd District Agricultural Association

Deletes the 1/1/13 sunset date of the State Race Track Leasing Commission which oversees leases and other agreements for the use of the Del Mar Race Track and any other property owned or controlled by the 22nd District Agricultural Association.
Chapter 216, Statutes of 2012

SB 237 (Wolk-D) Agriculture: California Global Warming Solutions Act

Establishes eligible uses of funds allocated to the agricultural sector from revenue generated from market-based compliance mechanisms for the reduction of emissions of greenhouse gases pursuant to the California Global Warming Solutions Act of 2006. Requires an unspecified agency to administer these funds for a specified grant program. Creates the California Agricultural Climate Benefits Advisory Committee, with specified membership, to assist in the implementation of these requirements, as provided.
(Died in Senate Appropriations Committee)

SB 592 (Harman-R) Dairy cattle supply liens

Updates and modifies procedures in the state's dairy cattle supply lien law to provide more certainty to a dairy creditor on obtaining a lien on the proceeds of a dairy's milk products, for contracts entered into after 1/1/13. Among other things, provides that a person who provides feed or materials to aid the offspring of the dairy cattle has a lien on the proceeds of milk or milk products produced from the dairy cattle, and increases the limit of a lien to an amount equal to charges for feed or material provided within a 60-day period. Establishes a limit of one lien per dairy producer per affiliated business entity.
Chapter 309, Statutes of 2012

SB 625 (Hernandez-D) Nursery stock

Requires the Secretary of the Department of Food and Agriculture to prescribe cleanliness standards for nursery stock in California and allows the Secretary to develop an audit-based certification system for nursery stock shipments.
(Died in Assembly Appropriations Committee)

SB 648 (Berryhill-R) Agricultural land: Williamson Act

Provides an alternative method of cancellation of a contract by a landowner for contracts that are 10 or more years old, and where the landowner has not received a lowered assessment value on the land during the previous 10 consecutive years based on the existence of a residence, including agricultural laborer housing, on the land being valued. Requires the board of supervisors or city council, upon petition by the landowner and a showing that these conditions exist, to approve the cancellation of the contract. Prohibits the board or council from charging a cancellation fee.
(Died in Senate Governance and Finance Committee)

SB 856 (Walters-R) Wildlife Center: operations

Requires the Department of Food and Agriculture (CDFA), upon inspection and approval of the facility, to grant the Wildlife Center a permit to operate for at least five years, provides that CDFA is the sole state licensing agency over the Wildlife Center, and authorizes CDFA to charge the Wildlife Center a fee for the initial permit and for any subsequent renewals and inspections to cover CDFA's reasonable costs for those activities. Requires the Department of Fish and Game, upon the request of the Wildlife Center, to release the remains of Cotie, a dog/coyote hybrid, to the Wildlife Center. Makes legislative findings and declarations as to the necessity of a special statute for the Wildlife Center.
(Died in Senate Rules Committee)
A similar bill was SB 1126 (Walters-R) which died in Senate Agriculture Committee.

SB 1018 (Senate Budget And Fiscal Review Committee) Milk/dairy products: Budget Trailer Bill

Enacts the Energy, Resources, Environmental Protection, and Agriculture 2012-13 Budget Trailer bill which, among other provisions, provides for expanded permitting and inspection fee requirements, and revised assessment of fees related to production, licensing and inspection of milk and dairy products.
Chapter 39, Statutes of 2012 -- Item Veto

SB 1126 (Walters-R) Wildlife Center: operations

Requires the Department of Food and Agriculture (CDFA), upon inspection and approval of the facility, to grant the Wildlife Center in San Diego a five-year permit to operate; authorizes CDFA to charge the Wildlife Center a fee for the permit to cover costs; and requires the Department of Fish and Game to release the remains of Cotie, a dog-coyote hybrid, to the Wildlife Center upon request.
(Died in Senate Agriculture Committee)
A similar bill was SB 856 (Walters-R) which died in Senate Rules Committee.

SB 1155* (Cannella-R) Agricultural motor truck-trailer exemption

Creates, until 1/1/18, an exemption from current vehicle length limits for motor truck-trailer combinations used for transporting agricultural products in San Benito County.
(Failed passage in Assembly Transportation Committee)

SB 1187 (Rubio-D) California Seed Law

Rewords parts of the California Seed Law, making technical and conforming changes. Defines a "neighbor", for the purpose of the sale of seed grain, as a person living in close proximity, not to exceed three miles, to another.
(Died on Assembly Inactive File)

SB 1253 (Runner-R) 28th District Agricultural Association: joint powers

Allows the 28th District Agricultural Association (DAA) to enter into a joint powers agreement with an unnamed entity to operate, maintain and improve the 28th DAA.
(Died in Assembly Appropriations Committee)

SB 1302 (Cannella-R) Commercial livestock farms: arson

Provides that arson that was intended to disrupt the commercial operations of an animal feeding operation, animal feedlot or livestock sales yard, and that causes more than $100,000 in property damage and other losses, is aggravated arson.
(Failed passage in Senate Public Safety Committee)

SB 1415 (Wolk-D) Olive trees: annual assessment: exemptions

Specifies that the Secretary of the Department of Food and Agriculture may exempt varieties of olive trees from the 1% assessment of gross sales on all deciduous pome and stone fruit trees, nut trees, olive trees and grapevines if the assessment does not provide any benefit to the varieties.
(Died in Assembly Agriculture Committee)

AB 35 (Solorio-D) 32nd District Agricultural Association: state property

Authorizes the Board of Directors of the Orange County Fair to enter into a revenue-sharing plan related to real and personal property assets owned by the 32nd District Agricultural Association if the plan generates over $100 million for the state, as specified. Requires the Department of General Services to submit the complete terms of the agreement to the Legislature at least 30 days prior to entering into any agreement pursuant to this bill.
(Died in Senate Agriculture Committee)

AB 292* (Galgiani-D) Agricultural lands: high-speed rail

Requires the High-Speed Rail Authority to appoint an agricultural advisory committee with nine members from a list of nominees recommended by the Secretary of the Department of Food and Agriculture to consult with prior to adopting any policy relevant to agriculture.
(Died on Senate Third Reading File)

AB 642 (Charles Calderon-D) Agricultural algae cultivation: Salton Sea

Enacts the Salton Sea Stabilization and Agricultural Algae Cultivation Act to permit the Secretary of the Natural Resources Agency to establish a program to provide financial support for the development of commercial algae production in the area around the Salton Sea.
(Died in Senate Appropriations Committee)

AB 691 (Perea-D) Agricultural regulations and economic impact: ombudsman

Designates the Secretary of the Department of Food and Agriculture as the ombudsman for all state agriculture regulations and requires the ombudsman to provide assistance in understanding the process for obtaining permits, assistance in the expeditious completion of the process for obtaining permits, and agriculture-related information and education to assist policy development regarding agricultural issues. Makes the ombudsman responsible for reviewing and identifying agriculture regulations that exist within the state and that may have a negative impact on the agricultural industry, and make recommendations regarding changes necessary to alleviate those negative impacts.
(Died in Assembly Appropriations Committee)

AB 907 (Ma-D) Farm products: processors

Authorizes the Department of Food and Agriculture to impose sanctions three times the amount of unpaid or underpaid license fees and requires any bond or irrevocable guarantee, placed in lieu of proof of financial responsibility, to include both past and future debts owed as a requirement of obtaining a farm product processor's license.
Chapter 465, Statutes of 2012

AB 1058 (Smyth-R) Agricultural use: water quality: salinity

Requires the State Water Resources Control Board, on or before 7/1/13, to adopt a statewide policy establishing a statewide water quality objective and plan of implementation for chloride and other measures of salinity that may affect the suitability of water used for agricultural purposes, in accordance with prescribed requirements.
(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 1113 (Galgiani-D) Agricultural byproducts: energy

Replaces the existing pilot program for eligible biogas digester customer-generators with a net energy metering program for eligible customer-generators, as defined, that use agricultural residues, animal wastes, or animal renderings to generate electricity and that meet certain requirements.
(Died in Assembly Utilities and Commerce Committee)

AB 1154 (Bill Berryhill-R) California Nursery Producers Commission

Exempts, from the provisions relating to the California Nursery Producers Commission, crops that are subject to assessments imposed upon gross sales of fruit trees, nut trees, and grapevines by licensed nursery dealers, as specified, or imposed for the support of the California Citrus Nursery Board.
(Died in Assembly Agriculture Committee)

AB 1181 (Butler-D) Commodities: weights and measures

Makes technical and conforming changes to the provision prohibiting a person from engaging in business as a service agency for the repair of weights and measures, unless that person registers with the Secretary of the Department of Food and Agriculture, as specified. Prohibits, when a commodity is sold based upon a quantity represented by the purchaser or by using the purchaser's equipment, the purchaser from paying the seller less than the highest applicable price per unit of measure, that is represented by the purchaser to the seller for that commodity, or where applicable, less than a price per unit that is established by law or regulation.
Chapter 662, Statutes of 2012

AB 1204 (Dickinson-D) California Exposition and State Fair Authority

Changes the California Exposition and State Fair (Cal Expo) to an independent governing body. Among other things, makes legislative findings about Cal Expo's history and future; declares the intent of the Legislature for Cal Expo to reorganize as a separate, independent entity; transfers approval powers from the Department of General Services to the State Fair Leasing Authority; requires the Board of Directors for Cal Expo to establish a policy to ensure fiscal independence; requires the Board to establish and maintain a policy that provides for an agricultural themed exposition that celebrates California and its diverse population, while showcasing California's agricultural industries, past and future; and provides that Cal Expo's general manager shall be the chief executive officer of that entity.
(Died in Assembly Appropriations Committee)

AB 1516 (Alejo-D) Farming vehicle exemptions: driver's license requirements

Provides an exemption for the operation of certain farm vehicle combinations until 1/1/18. Increases the weight of vehicles and the combination of vehicles that can be operated by a farmer who possesses only a Class C driver's license, provided that (1) the gross vehicle weight of the towing vehicle is no more than 14,000 pounds, (2) the vehicle is used exclusively in the conduct of agricultural operations to support the production of crops or livestock, (3) the vehicle is operated within 150 miles of the farmer's farm and operated by a farmer or an employee of a farmer, (4) the vehicle is not used as a for-hire carrier or for compensation, and (5) the vehicles are registered in the state and operate solely in the state.
(Died in Assembly Appropriations Committee)

AB 1625 (Allen-D) Organics: transition to organics

Enacts the California Transition to Organics Act of 2012. Establishes the Transition to Organics Fund, to be administered by the Secretary of the Department of Food and Agriculture, and limits the expenditure of moneys from the Fund to providing financial assistance to persons who transition their conventional farms to certified organic farms, and to covering administrative and operational expenses incurred in administering the act, as specified. Authorizes the Secretary to levy a civil penalty, as provided, upon a person who renders or furnishes false information to the Secretary under the Act.
Vetoed

AB 1632 (Gordon-D) Agricultural product marketing: community supported

Encourages the Department of Food and Agriculture to assist producers in organizing the marketing of community supported agriculture by providing technical advice on marketing methods and in complying with the regulations that affect direct marketing programs.
(Died in Assembly Agriculture Committee)

AB 1758 (Valadao-R) Hay stack retrievers: implement of husbandry

Includes a hay stack retriever as an implement of husbandry which is a vehicle used exclusively in the conduct of agricultural operations, as specified.
(Died in Assembly Transportation Committee)

AB 1798 (Perea-D) Agricultural water management plans

Requires the Department of Water Resources (DWR) to post the report summarizing the status of adopted agricultural water management plans on its Internet Web site. The report is prepared by DWR from plans submitted by agricultural water suppliers. Provides that DWR is required to not only provide a copy of the report to each agricultural water supplier that has submitted its plan to DWR, but to also post it on its Web site.
(Died in Assembly Water, Parks and Wildlife Committee)

AB 1897 (Campos-D) Healthy food access: land use: general plan

Requires the Governor's Office of Planning and Research to prepare and amend the guidelines for the preparation of, and the content of, the mandatory elements required in city and county general plans to contain advice, developed in consultation with the Department of Food and Agriculture, for improving the health of Californians by increasing access to healthy affordable food.
(Died in Senate Governance and Finance Committee)

AB 2111 (Campos-D) Agricultural operations: vehicle registration exemptions

Adds utility terrain vehicles and farm shade trailers to the list of vehicles exempt from registration when used exclusively in off-road, agricultural operations.
Chapter 168, Statutes of 2012

AB 2174 (Alejo-D) Fertilizer: use reduction

Specifies that the existing $.001 per dollar of sales assessment levied by the Secretary of the Department of Food and Agriculture against all fertilizing material sales may be used by the University of California Cooperative Extension, the California resource conservation districts, other institutions of higher education, or other qualified entities to develop programs in the areas of technical education and research for more agronomically sound uses of fertilizer materials and to minimize environmental impacts of fertilizer use.
Chapter 198, Statutes of 2012

AB 2345 (Ma-D) Fairs: sustainability

Creates a California Fair Network Commission to provide a new governance structure for fairs in California, and makes legislative findings and declarations.
(Died in Assembly Appropriations Committee)

AB 2351 (Gordon-D) Williamson Act: cancellation: fees

Requires a landowner seeking to cancel a Williamson Act contract to pay a refundable 5% cancellation fee.
(Died on Senate Inactive File)

AB 2378 (Huber-D) Rendering: enforcement

Increases civil and criminal fines for specified violations relating to renderers and transporters of inedible kitchen grease.
Chapter 303, Statutes of 2012

AB 2403 (Valadao-R) Agricultural commodities: fruits, nuts, and vegetables

Requires, for lots of over 10 pounds of any fruits, nuts, or vegetables, that every person who sells or buys fruits, nuts, or vegetables that are the food product of any tree, vine, or plant, and that are marketed for commercial purposes, to either provide or obtain a record of proof of ownership.
(Died in Assembly Agriculture Committee)

AB 2536 (Butler-D) Stray animals: ownership

Provides that when a person or private entity finds a stray live animal, the finder must immediately notify the owner if the owner's identity is reasonably ascertainable. Requires the finder to promptly bring the animal to an animal control agency or humane society for inspection if the finder cannot notify the owner. If the agency cannot identify the animal's owner and the finder wishes to become the animal's owner, permits the finder to retain possession of the animal for 14 days, after which legal title would vest in the finder unless the animal's owner has notified the agency or finder of his/her intent to reclaim the animal. Requires a finder to microchip, vaccinate, and spay or neuter the animal within 14 days of receiving legal title, with certain exceptions, and makes a finder's failure to comply with this provision an infraction punishable by a fine of $250. Permits the prior owner to file a petition to regain ownership of the animal within six months of legal title having vested in the finder, and requires the superior court to hold a hearing at which the prior owner could regain ownership if he/she demonstrates good cause, as defined, for failing to claim ownership during the initial 14-day holding period.
(Died in Assembly Agriculture Committee)

AB 2586 (Hueso-D) California Healthy Choices Program

Requires the Department of Food and Agriculture to establish the California Healthy Choices Program to certify grocery stores, as defined, that promote healthy food choices.
(Died in Assembly Agriculture Committee)

AB 2681 (Assembly Agriculture Committee) Food waste

Deletes provisions in state law relating to using garbage as feed for swine, and disposing of garbage from vessel and aircraft. Prohibits the use of food waste as feed for swine, as specified, and prohibits vessels and aircraft from disposing of food waste into territorial waters or state lands, as specified.
(Died in Assembly Natural Resources Committee)

AB 2682 (Assembly Agriculture Committee) Agriculture: designations: technical changes

Changes the designation of the California Science Center's space-age museum to an air and space center; makes a technical change to exempt certain varieties of olive trees from fee assessments; makes technical changes to exclude grocery stores who cut and wrap cheese from the definition of milk processors; classifies kefir as a class 2 milk market product; makes technical changes to the appointment of members to the Dairy Council of California; and makes technical changes to the rules for the California Walnut Commission.
Chapter 323, Statutes of 2012

ACR 119 (Galgiani-D) California Agriculture Day

Recognizes and honors the men and women of California agriculture for their dedication and productivity by observing the week of 3/4/12 to 3/10/12, inclusive, as National Agriculture Week, and designating 3/21/12 as California Agriculture Day.
Resolution Chapter 52, Statutes of 2012

ACR 120 (Nielsen-R) California Cattlemen's Day

Declares 3/21/12 as California Cattlemen's Day, and urges residents to acknowledge and pay respect to the men and women of California who work on the land to enhance and protect it, and who dedicate their lives to producing healthy food for millions throughout the world.
Resolution Chapter 53, Statutes of 2012

ACR 156 (Valadao-R) June Dairy Month

Proclaims the month of June as June Dairy Month in California, in honor of the work of dairy producers in California, and encourages all Californians to continue to support the American dairy industry by including dairy products as part of a healthy diet.
(Died in Senate Rules Committee)

AJR 29 (Allen-D) Pollinators

Urges the United States Department of Agriculture, the United States Environmental Protection Agency, the California Department of Food and Agriculture, the California Department of Fish and Game, and the California Department of Pesticide Regulation to officially recognize the importance of pollinators to our food supply and environment, to declare the urgency of Colony Collapse Disorder, and to promote healthy environments for all pollinators.
(Died in Senate Rules Committee)

Index (in Measure Order)

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Note: * Denotes Urgency or Tax Levy Legislation.