End of Session
After an off-again… on-again July Recess, that was not very productive, the Legislature will convene on Monday, August 4 for the final weeks of the 2007-2008 Session. Pursuant to their own rules, the Legislature is scheduled for final adjournment on August 31.
However, a strong effort will be made to adjourn early because the Democratic National Convention commences on August 25 in Denver. Whether or not this occurs depends on their ability to reach a deal on the long overdue 2008-2009 State Budget. Over the next 3-4 weeks, it will be very intense and just about anything can happen.
The following bills of interest to agriculture are still pending in the process.
Junk Dealers – AB 844 (Berryhill)
Prohibits junk dealers or recyclers from providing payment for non-ferrous material, as defined, unless the payment is made by cash or check, the check is mailed or the cash or check is provided no earlier than 3 days after the date of sale, and the dealer or recycler obtains certain identifying information, as specified, to be retained by the dealer or recycler for a certain period of time.
Water Quality – AB 1946 (Nava)
Authorizes a regional water board, commencing January 1, 2009, to delegate to its executive officer the authority to apply for judicial enforcement to the Attorney General, a district attorney, a city attorney of a city with a population that exceeds 750,000, or a city attorney for a city and county.
Labor – AB 2386 (Nunez)
Makes several minor changes to the Ag Labor Relations Act.
Manlift Inspections – AB 2629 (Evans)
Requires that annual inspections of manlifts used in agricultural production and processing facilities be conducted by a certified conveyance company or mechanic.
Paid Sick Days – AB 2716 (Ma)
Provides that an employee who works in California for 7 or more days in a calendar year is entitled to paid sick days, as defined, which shall be accrued at a rate of no less than one hour for every 30 hours worked. An employee could use accrued sick days beginning on the 90th calendar day of employment.
LBAM – AB 2760 (Leno)
Requires the preparation of an environmental impact report or the modification, addendum, or supplement to an existing environmental impact report when pesticides are aerially applied to eradicate the light brown apple moth in an urban area.
Invasive Pests – AB 2763 (Laird)
Requires CDFA to maintain a list of invasive pests that have a reasonable likelihood of entering the state for which an eradication, control, or management action by the state might be appropriate. The department would be required, based on available funding, to develop and maintain a written assessment of the most appropriate options for eradication, control, or management of high priority invasives on the list, and to include specified information in the assessment if the use of pesticides would be among the appropriate responses.
Aerial Application – AB 2765 (Huffman)
Require the secretary of Food & Agriculture or the county agriculture commissioner, before the aerial application of a pesticide, to conduct at least one public hearing to consider all alternatives to aerial application of a pesticide and to seek an evaluation of human health risks and environmental risks jointly prepared by the Department of Pesticide Regulation and the Office of Environmental Health Hazard Assessment, including findings and recommendations regarding environmental and human risks of the proposed use of a pesticide by aerial application.
Brucellosis – AB 2824 (Berryhill)
Deletes and recasts the provisions for indemnity payment for animals slaughtered due to Brucellosis control to conform to other code sections, and changes the payment amount from a fixed amount for non-reactive animals to an appraised amount.
Beehives – AB 2849 (Evans)
Increases fines and penalties on people, who illegally take, transport or remove beehives from the property on which they were located.
Milk Hearings - AB 2850 (Villines)
Makes several procedural changes to the administrative hearing process relating to milk pooling and pricing. It also restricts any decision concerning the milk pooling plan come from only that evidence and data submitted during the hearing and is supported by evidence and data submitted. Additionally, it specifically prohibits CDFA from developing, presenting, or introducing false or misleading financial or other material or information that violates generally accepted accounting principles.
Williamson Act – AB 2921 (Laird)
Authorizes (in litigation involving breach of contract) a court to award the Department of Conservation reasonable attorney's fees and costs where the department is the prevailing party. The bill would also revises the conditions under which a landowner may cancel a Williamson Act contract to place other land under an agricultural conservation preserve
Raw Milk – SB 201 (Florez)
Provides alternative requirements for dairy farms that produce and process guaranteed raw milk, or Grade A raw milk, to be sold to the consumer and would state that dairy farms choosing to comply with the alternative requirements do not have to comply with those existing requirements.
Container Fees – SB 974 (Lowenthal)
Requires the Ports of Los Angeles, Long Beach, and Oakland to collect a user fee on the owner of container cargo at a rate of $30 per twenty-foot equivalent unit (TEU). The collected monies would be used to fund various transportation and environmental projects.
Seed Law – SB 1280 (Maldonado)
Revises the composition of the Seed Advisory Board to consist of seven registered labelers, two persons who receive or possess seed for sale in this state, and two members of the public. The bill also changes labeler registration requirements.
Citrus Nursery Stock – SB 1466 (Corbett)
Requires CDFA to implement, by January 1, 2010, the Citrus Nursery Stock Pest Cleanliness Program to protect citrus nursery stock from harmful diseases, pests, and other risks and threats. The program will require producers of citrus nursery stock to comply with all agricultural practices, application specifications and deadlines, eligibility, inspection, notification, pest control, records maintenance and availability, registration, sanitation, testing, and other lawful orders issued by the secretary. It also authorizes the secretary to issue orders establishing rates or prices to cover the department's costs for its administration, testing, inspection, and other services under the program.
Property Tax Breaks – SB 1562 (Hollingsworth)
Extends temporary property tax exemptions to any fruit-bearing ,nut-bearing tree or grapevine that was damaged by the extremely strong and damaging winds that commenced on October 20, 2007, and by the wildfires that commenced on October 21, 2007, that were the subject of the Governor's proclamations of a state of emergency.
Bio Fuels – SB 1574 (Florez)
Establishes the California Biomass-based Diesel Commission comprised of handlers and producers of biomass-based diesel. The commission would be charged with specified powers, duties, and responsibilities, including the promotion of the sale of renewable biomass-based diesel by advertising for the purpose of maintaining and expanding markets for renewable biomass-based diesel.
Toxin Free Food Containers – SB 1713 (Migden)
Prohibits, commencing January 1, 2010, the manufacture, sale, or distribution in commerce of any liquid, food, or beverage in a can, jar, or other container containing bisphenol A, at a level above 0.1 ppb if the liquid, food, or beverage is designed or intended primarily for consumption by infants and children 3 years of age or younger.
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